Kearney, Nebraska
February 10, 2004
7:30 p.m.
A meeting
of the City Council of Kearney, Nebraska, was convened in open and public
session at 7:30 p.m. on February 10, 2004, in the Council Chambers at City Hall. Present were:
Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Galen Hadley, Don Kearney, and Stan Clouse.
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: Lean Brandt, Patty Sitorius, Bobby Turner,
Steve Baye, Marvion Reichert, Mitch Humphrey, Paul Brungardt, Margaret Clark,
Jerry Idt, Bruce Grupe, Gary Story, Brad Driml, Cole Spresser, Mike Konz from
Kearney Hub.
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
Since
there was no representation from the Kearney Ministerial Association, the
Council held a moment of silence.
PLEDGE OF ALLEGIANCE
Boy Scouts Cody Sparks, Ben Harms, Josh Fish led the Council
members and audience in the Pledge of Allegiance.
RECOGNITION – STEVE BAYE
Mayor Blankenship and Council Members recognized Steve Baye
for 20 years of service with the Cemetery Division. He was presented a
Resolution of Commendation and a watch.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
THUNDERHEAD BREWING – CATERING
LICENSE
Mayor Blankenship opened the public hearing on the Catering
Application submitted by THUNDERHEAD BREWING CO., dba “Thunderhead Brewing” in
connection with their Class “L-47920” (Craft Brewery) Liquor License located at
18 East 21st Street and to consider Resolution No.
2004-21.
Since there was no representation, the Council tabled the
matter until February
24, 2004.
Moved by Hadley seconded by Buschkoetter to table until February 24, 2004 the Catering Application submitted
by THUNDERHEAD BREWING CO., dba “Thunderhead Brewing” in connection with their
Class “L-47920” (Craft Brewery) Liquor License located at 18 East 21st Street. Roll call resulted as follows:
Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
REZONING – 910 WEST 11TH STREET
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for Larry Nansel, President
of the Buffalo County Historical Society (Owner) to rezone from “District RR-1,
Rural Residential District (Rural Standards)” to “District R-1, Urban
Residential Single-Family District (Low Density)” and “District R-2, Urban
Residential Mixed-Density District” property described as Lot 1 Maurer
Addition, an addition to the City of Kearney, Buffalo County, Nebraska and part
of the West Half of the Northeast Quarter of Section 11, Township 8 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (910 West 11th Street).
Planning Commission recommended approval.
The
applicant is requesting approval of an eight-lot subdivision located south of 11th Street and west of the Trails and Rails Museum owned by the Buffalo County Historical Society. Other than
the railroad museum, the property contains a farmhouse and several
outbuildings. This land is currently zoned RR-1 for roughly the west half of
the land and R-1 for the remainder. A 50x100 foot lot roughly midway along the
frontage of 11th Street is zoned commercial and is used by
the telephone company for a pedestal building and is not part of this project.
The Kearney Area Children’s Museum is proposed to be located west of the Trail
and Rails Museum and adjacent to future 9th Avenue. The Trails and Rails Museum will gain additional land for expansion.
Rezoning
The
applicant is requesting rezoning from District RR-1 to District R-1 and R-2 for
a tract of land that is known as Lot
1, Maurer Addition. Roughly the west half of the lot is to be rezoned R-2 and
the east half rezoned R-1. The remainder of the property contained in this
proposal is either currently unplatted land or the railroad museum and is
already zoned R-1.
Vacation
The
development proposal requires vacation of Lot 1 of Maurer Addition and Lots 18
through 21 of Block 1, Centennial Subdivision, so that the land can be
replatted as Hammer-McCarty Addition. A Public Works Plan demonstrating
the feasibility of sanitary sewer and management of stormwater, including
detention, is required with the Final Plat. The stormwater facilities
will be reserved under separate instrument and is not ready to be filed at this
time. Therefore, the Final Plat for Hammer-McCarty Addition will be
tabled to the February 24 meeting of the City Council to allow time for the
separate instrument to be prepared and submitted to the City.
The
Planning Commission recommended approval of the Rezoning, Vacation, and Final
Plat with the condition that the stormwater management facilities and
stormdrain be located in an easement or the location be established by
agreement, filed as a separate instrument prior to the City Council hearing.
Since
the separate agreement is not ready at this time, Administration recommends
approval of the Rezoning and Vacation at this time, and further recommends that
the Final Plat of Hammer-McCarty Addition be tabled to the February 24 meeting
of the Council to allow time for the separate instrument to be prepared and
filed with the City prior to the February 24 Council meeting.
Mitch Humphrey presented this matter to the Council. He
stated the rezoning is just the beginning of the projects that the applicants have
going on in this area. He was not aware of all the plans for this group,
but they have some positive future plans. There is a need for this
rezoning and vacation of a lot so that some platting can be done down in the
future. The Historical Society and Fred Hammer, who owns the ground to
the south and around this site, are making some agreements that will allow the
Historical Society to make some exciting things happen on their site.
They also want to work with the Children’s Museum. Mr. Hammer also wants
to develop the property abutting that site. That piece of property has
been used for crops, which has been successful, but the Historical Society has
made the decision to make some changes in the next year or two.
Mayor Blankenship stated that he is aware that Mr. Hammer
has been very generous to this community in the past few years. The
City is grateful for Mr. Hammer’s willingness to work with the Children’s
Museum and Trails and Rails to make good things happen. The Mayor also
expressed appreciation for Mr. Hammer’s investment in the community.
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 Larry Nansel,
President of the Buffalo County Historical Society (Owner) to rezone from
“District RR-1, Rural Residential District (Rural Standards)” to “District R-1,
Urban Residential Single-Family District (Low Density)” and “District R-2,
Urban Residential Mixed-Density District” property described as Lot 1 Maurer
Addition, an addition to the City of Kearney, Buffalo County, Nebraska and part
of the West Half of the Northeast Quarter of Section 11, Township 8 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (910 West 11th Street).
Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
LAND USE MAP AMENDMENT – 1090 62ND
AVENUE
This Public Hearing and the next Public Hearing were discussed
together but voted on separately.
Mayor Blankenship opened the public hearing on the proposed
amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from “Agricultural” to “Rural Residential” property described as a tract
of land being part of Government Lot 2 and accretions in Section 7, and part of
accretions located in the Southeast Quarter of the Southeast Quarter of Section
6, all in Township 8 North, Range 16 West of the 6th P.M., containing 8.59
acres, more or less, Buffalo County, Nebraska (1090 62nd Avenue) and to
consider Resolution No. 2004-22. Planning Commission recommended approval.
The
applicant is requesting approval of a one-lot rural residential subdivision
located at 1090 62nd
Avenue. This tract is
being subdivided from a larger tract and since it contains less than 10 acres
it must be placed in a subdivision. This land is currently zoned
Agricultural and consists of 8.59 acres. There is an existing house and
several outbuildings on the property.
Land
Use Map Amendment and Rezoning
The
applicant is requesting rezoning from “District AG, Agriculture” to “District
RR-1, Rural Residential District”. Before the rezoning can be considered, the
Land Use Map of the City of Kearney Comprehensive Development Plan must be amended from “Agricultural” to “Rural
Residential”. The residence will continue to be served by individual well and
septic systems.
Subdivision
Plats
The
Preliminary Plat and Final Plat consist of a one-lot subdivision containing
8.59 acres. The Preliminary Plat was approved by Planning Commission on January 16, 2004. This a straight-forward proposal
to subdivide the existing farmhouse and associated improvements contained on
the 8.59 acres within a separate lot from the rest of the surrounding farm
land. Seventeen (17) additional feet of road right-of-way is dedicated along 62nd Avenue for a total of 50 feet from
centerline since it is a section line road. A Public Works Plan is not
required. A Subdivision Agreement is not required either.
Mitch Humphrey presented this matter to the Council. He
stated that this project is a housekeeping issue. Robert Senior and his
wife want to have a sale. Due to the fact that it is within the City’s 2-mile
jurisdiction, the City has some control over zoning, platting, etc. As
part of the City’s policy, because it falls on a county road, additional road
rights-of-way are being dedicated as part of this project. The City is
thinking ahead about these country roads potentially becoming arterials.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
approve the proposed amendment to the Land Use Map of the City of Kearney
Comprehensive Development Plan from “Agricultural” to “Rural Residential”
property described as a tract of land being part of Government Lot 2 and
accretions in Section 7, and part of accretions located in the Southeast
Quarter of the Southeast Quarter of Section 6, all in Township 8 North, Range
16 West of the 6th P.M., containing 8.59 acres, more or less, Buffalo County,
Nebraska (1090 62nd Avenue) and approve Resolution No. 2004-22. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.
RESOLUTION NO.
2004-22
WHEREAS, an application for a revision of the Land Use Map of the Comprehensive
Plan has been filed in conjunction with and as a requisite part of its
application for a change in the zoning for a tract of land being part of Government
Lot 2 and accretions in Section 7 and part of accretions located in the
Southeast Quarter of the Southeast Quarter of Section 6, all in Township 8
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more
particularly described as follows: referring the southeast corner of Government
Lot 2 in Section 7 and assuming the east line of Government Lot 2 as bearing
N01º49’53”E and all bearings contained herein are relative thereto; thence
N01º49’53”E and on the east line Government Lot 2 in said Section 7 a distance
of 885.17 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N01º49’53”E
and on the east line of Government Lot 2 in said Section 7 (if extended) a
distance of 444.93 feet to the northeast corner of Section 7 said point also
being the southeast corner of Section 6; thence north on the east line of said
Section 6 a distance of 242.10 feet; thence west a distance of 33.0 feet;
thence S66º18’W a distance of 173.1 feet; thence S81º50’W a distance of 97.9
feet; thence N85º17’W a distance of 295.81 feet; thence S01º49’53”W and
parallel with the east line of Government Lot 2 in said Section 7 a distance of
191.65 feet to a point on the south line of Section 6 said point also being on
the north line of said Section 7; thence continuing S01º49’53”W and parallel
with the east line of Government Lot 2 in said Section 7 a distance of 450.47
feet; thence N88º40’23”E a distance of 590.0 feet to the place of beginning,
containing 8.59 acres, more or less, or which 0.52 acres, more or less, are presently
being used for road purposes on the east side, Buffalo County, Nebraska (1090
62nd Avenue), from “Agricultural” to “Rural 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 “Agricultural” to “Rural Residential” the use classification
for the area described as a tract of land being part of Government Lot 2 and
accretions in Section 7 and part of accretions located in the Southeast Quarter
of the Southeast Quarter of Section 6, all in Township 8 North, Range 16 West
of the 6th P.M., Buffalo County, Nebraska, more particularly described as
follows: referring the southeast corner of Government Lot 2 in Section 7 and
assuming the east line of Government Lot 2 as bearing N01º49’53”E and all
bearings contained herein are relative thereto; thence N01º49’53”E and on the
east line Government Lot 2 in said Section 7 a distance of 885.17 feet to the
ACTUAL PLACE OF BEGINNING; thence continuing N01º49’53”E and on the east line
of Government Lot 2 in said Section 7 (if extended) a distance of 444.93 feet
to the northeast corner of Section 7 said point also being the southeast corner
of Section 6; thence north on the east line of said Section 6 a distance of
242.10 feet; thence west a distance of 33.0 feet; thence S66º18’W a distance of
173.1 feet; thence S81º50’W a distance of 97.9 feet; thence N85º17’W a distance
of 295.81 feet; thence S01º49’53”W and parallel with the east line of
Government Lot 2 in said Section 7 a distance of 191.65 feet to a point on the
south line of Section 6 said point also being on the north line of said Section
7; thence continuing S01º49’53”W and parallel with the east line of Government
Lot 2 in said Section 7 a distance of 450.47 feet; thence N88º40’23”E a
distance of 590.0 feet to the place of beginning, containing 8.59 acres, more
or less, or which 0.52 acres, more or less, are presently being used for road
purposes on the east side, Buffalo County, Nebraska (1090 62nd Avenue).
PASSED AND APPROVED THIS 10TH DAY OF FEBRUARY,
2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
REZONING – 1090 62ND AVENUE
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for Robert L. Senior
(Owner) to rezone from “District AG, Agricultural District” to “District RR-1,
Rural Residential District (Rural Standards)” property described as a tract of
land being part of Government Lot 2 and accretions in Section 7, and part of
accretions located in the Southeast Quarter of the Southeast Quarter of Section
6, all in Township 8 North, Range 16 West of the 6th P.M., containing 8.59
acres, more or less, Buffalo County, Nebraska (1090 62nd Avenue). 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
Robert L. Senior (Owner) to rezone from “District AG, Agricultural District” to
“District RR-1, Rural Residential District (Rural Standards)” property
described as a tract of land being part of Government Lot 2 and accretions in
Section 7, and part of accretions located in the Southeast Quarter of the
Southeast Quarter of Section 6, all in Township 8 North, Range 16 West of the
6th P.M., containing 8.59 acres, more or less, Buffalo County, Nebraska (1090
62nd Avenue). Roll call resulted as follows: Aye: Blankenship, Buschkoetter,
Hadley, Clouse, Kearney. Nay: None. Motion carried.
INCLUDE IN CORPORATE LIMITS – 3B
DEVELOPMENT ADDITION
This Public Hearing and the next Public Hearing were discussed
together but voted on separately.
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for Roland and Leah
Berglund, James Bamford, President for Bamford, Inc. and Stephen J. Beall,
President for Central Contracting Corp. (Owners) for the inclusion of “3B
DEVELOPMENT ADDITION” within the corporate boundaries of the City of Kearney
said property described as a tract of land being part of Government Lots 8 and
9 and accretions located in the Southeast Quarter of the Northeast Quarter of
Section 14, Township 8 North, Range 16 West of the 6th P.M., containing 4.86
acres, more or less, Buffalo County, Nebraska (south of 1st Inn Gold Motel and
west of Nebraska State Highway No. 44) and to consider Resolution No. 2004-23.
(Planning Commission recommended approval.
The
applicant is requesting approval of a one-lot commercial subdivision located
south of 1st Inn Gold Motel and west of Nebraska State Highway 44 along Platte Road, one of the roads leading to the
Tri-City Arena. This land is currently zoned C-3 and consists of 4.86 acres.
Subdivision
Plats
The
Preliminary Plat and Final Plat consist of a three-lot subdivision that will contain
commercial use, perhaps a convenience store. The Preliminary Plat was approved
by Planning Commission on January 16, 2004.
The frontage road that runs parallel to Highway 44 is a permanent roadway
easement and not a City-owned street. The City will not move snow or perform
repairs on the frontage road. If the City were ever offered the street it
would need to be reconstructed to City standards. The property can be
served with municipal water and sanitary sewer. City staff requests a
stormwater management plan since the old Walker drainage channel traverses this site and during periods of heavy rain,
can carry significant runoff.
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 presented this matter to the Council. This
site is located on a tract of land that is called the “southern gateway to our
City”, which is located adjacent to the City’s interchange south of First Gold
Inn, Skeeter Barnes, and the Tri-City Arena. In developing this property,
they want to plat it into three lots and put a retail business there.
This will clean up and dress up the north side of Platte Road.
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
Roland and Leah Berglund, James Bamford, President for Bamford, Inc. and
Stephen J. Beall, President for Central Contracting Corp. (Owners) for the
inclusion of “3B DEVELOPMENT ADDITION” within the corporate boundaries of the
City of Kearney said property described as a tract of land being part of
Government Lots 8 and 9 and accretions located in the Southeast Quarter of the
Northeast Quarter of Section 14, Township 8 North, Range 16 West of the 6th
P.M., containing 4.86 acres, more or less, Buffalo County, Nebraska (south of
1st Inn Gold Motel and west of Nebraska State Highway No. 44) and approve
Resolution No. 2004-23. Roll call resulted as follows: Aye: Blankenship,
Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
RESOLUTION
NO. 2004-23
WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for
Roland and Leah Berglund, James Bamford, President for Bamford, Inc. and
Stephen J. Beall, President for Central Contracting Corp. (Owners) for the
inclusion of “3B DEVELOPMENT ADDITION” within the corporate boundaries of the
City of Kearney said property described as a tract of land being part of
Government Lots 8 and 9 and accretions located in the Southeast Quarter of the
Northeast Quarter of Section 14, Township 8 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
referring to the northeast corner of said Section 14; thence southerly on the
east line of said Section 14 a distance of 1320.0 feet to the northeast corner
of Government Lot 8; thence with a deflection angle to the right 87°56’ a
distance of 306.1 feet to a point on the west right-of-way line of Nebraska
State Highway No. 44; thence with a deflection angle to the left of 138°03’10”
a distance of 187.7 feet; thence with a deflection angle to the right 49°49’
and continuing on the aforesaid westerly right-of-way line a distance of 264.37
feet to the ACTUAL PLACE OF BEGINNING; thence continuing southerly on the
aforedescribed course a distance of 645.55 feet; thence right 90°18’30” a
distance of 375.8 feet; thence right 90°00’ a distance of 496.5 feet; thence
right 89°57’30” a distance of 173.07 feet; thence left 90°16’ a distance of
99.95 feet; thence right 72°06’ a distance of 157.6 feet; thence right 18°19’ a
distance of 50.0 feet to the place of beginning, containing 4.86 acres, more or
less, Buffalo County, Nebraska (south of 1st Inn Gold Motel and west of
Nebraska State Highway No. 44); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on January 16, 2004 on the
inclusion of “3B DEVELOPMENT 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 “3B DEVELOPMENT 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 February
10, 2004 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 “3B DEVELOPMENT 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 “3B DEVELOPMENT ADDITION” within
the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County
Register of Deeds.
PASSED AND APPROVED THIS 10TH DAY OF FEBRUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
FINAL PLAT – 3B DEVELOPMENT
ADDITION
Mayor Blankenship opened the public hearing
on the Application submitted by Mitch Humphrey (Applicant) for Roland and Leah
Berglund, James Bamford, President for Bamford, Inc. and Stephen J. Beall,
President for Central Contracting Corp. (Owners) for Final Plat approval of “3B
DEVELOPMENT ADDITION” to the City of Kearney, Buffalo County, Nebraska said
property described as a tract of land being part of Government Lots 8 and 9 and
accretions located in the Southeast Quarter of the Northeast Quarter of Section
14, Township 8 North, Range 16 West of the 6th P.M., containing 4.86 acres,
more or less, Buffalo County, Nebraska (south of 1st Inn Gold Motel and west of
Nebraska State Highway No. 44) and approve Resolution No. 2004-24. Planning
Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by
Kearney to close the hearing and approve the Application submitted by Mitch
Humphrey (Applicant) for Roland and Leah Berglund, James Bamford, President for
Bamford, Inc. and Stephen J. Beall, President for Central Contracting Corp.
(Owners) for Final Plat approval of “3B DEVELOPMENT ADDITION” to the City of
Kearney, Buffalo County, Nebraska said property described as a tract of land
being part of Government Lots 8 and 9 and accretions located in the Southeast
Quarter of the Northeast Quarter of Section 14, Township 8 North, Range 16 West
of the 6th P.M., containing 4.86 acres, more or less, Buffalo County, Nebraska
(south of 1st Inn Gold Motel and west of Nebraska State Highway No. 44) and approve
Resolution No. 2004-24. Roll call resulted as follows: Aye: Blankenship,
Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
RESOLUTION
NO. 2004-24
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “3B DEVELOPMENT ADDITION”, an addition to the City of Kearney,
Buffalo County, Nebraska, duly made out, acknowledged and certified, and the
same hereby is approved and in accordance with the provisions and requirements
of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed
and recorded in the Office of the Register of Deeds of Buffalo County,
Nebraska; said addition is hereby included within the corporate limits of said
City and shall be and become a part of said City for all purposes whatsoever,
and the inhabits of such addition shall be entitled to all the rights and
privileges and shall be subject to all laws, ordinances, rules and regulations
of said City.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 10TH DAY OF february,
2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
ONE & SIX YEAR STREET
IMPROVEMENT PLAN
Mayor Blankenship opened the public hearing on the adoption
of the One and Six Year Street Improvement Plan and to consider Resolution No.
2004-25.
The Nebraska Department of Roads (NDOR) annually requires
the City of Kearney to submit a One and Six Year Plan
for street improvements. City Administration has submitted the proposed plan
and is now at the Public Hearing stage for soliciting input from the Council
and citizens.
At the January 27, 2004
City Council Meeting the proposed One and Six Year Plans were presented.
Since that meeting the City has included the new signal project for the 25th Street and Avenue E Intersection on the
One Year Plan. The proposed plan incorporates street improvements from
the previous Six Year Plan, various new improvements related to community
development, and other street/reconstruction needs.
Transportation Superintendent Gary Story presented this
matter to the Council. He presented the proposed 2004 One and Six Year Plans as
follows:
PROPOSED ONE YEAR PLAN
Project
Estimated
Estimated
No.
Location
Total Cost
City Cost
|
115
|
30TH AVENUE FROM HIGHWAY 30 TO 39TH STREET 5200'
|
$1,300,000
|
$1,000,000
|
|
213
|
UNIVERSITY DRIVE AND LAKEVIEW DRIVE NTERSECTION
|
$60,000
|
$60,000
|
|
286
|
NORTH RAILROAD STREET FROM CENTRAL AVENUE TO AVENUE B
|
$460,000
|
$460,000
|
|
287
|
21ST STREET AND CENTRAL AVENUE
INTERSECTION
|
$50,000
|
$50,000
|
|
288
|
22ND STREET AND CENTRAL AVENUE
INTERSECTION
|
$50,000
|
$50,000
|
|
289
|
23RD STREET AND CENTRAL AVENUE
INTERSECTION
|
$50,000
|
$50,000
|
|
290
|
24TH STREET AND CENTRAL AVENUE
INTERSECTION
|
$50,000
|
$50,000
|
|
301
|
30TH AVENUE FROM HIGHWAY 30 (24TH STREET) TO LACROSSE DRIVE
1750'
|
$530,000
|
$330,000
|
|
362
|
63RD STREET FROM AVENUE N EAST 330'
|
$77,000
|
$.00
|
|
363
|
6TH STREET FROM AVENUE D EAST 1260'
|
$280,000
|
$.00
|
|
364
|
48TH STREET FROM COUNTRY CLUB LANE WEST 600'
|
$154,000
|
$.00
|
|
365
|
48TH STREET PLACE FROM COUNTRY CLUB LANE EAST 270' CUL DE SAC
|
$77,000
|
$.00
|
|
366
|
COUNTRY CLUB LANE FROM 140' SOUTH OF 48TH STREET TO 180' NORTH OF 48TH STREET, 380'
|
$85,000
|
$.00
|
|
367
|
AVENUE O PLACE FROM
63RD STREET NORTH 180' CUL-DE-SAC
|
$50,000
|
$.00
|
|
368
|
AVENUE O PLACE FROM
63RD STREET SOUTH 180' CUL-DE-SAC
|
$50,000
|
$.00
|
|
369
|
49TH STREET PLACE FROM 19TH AVENUE EAST 600' CUL-DE-SAC
|
$90,000
|
$.00
|
|
370
|
60TH STREET FROM 1ST AVENUE
TO 2ND AVENUE 460'
|
$140,000
|
$20,000
|
|
371
|
65TH STREET FROM 2ND AVENUE EAST 600'
|
$184,000
|
$24,000
|
|
372
|
1ST AVENUE FROM 60TH STREET
TO 65TH STREET 1600'
|
$410,000
|
$60,000
|
|
373
|
17TH AVENUE FROM 137' SOUTH OF 15TH STREET PLACE TO 137' NORTH OF 15TH STREET PLACE 334'
|
$111,000
|
$16,000
|
|
374
|
15TH STREET PLACE WEST 180' CUL- DE-SAC
|
$40,000
|
$.00
|
|
375
|
La PLATTE
ROAD FROM
MEADOWLANE NORTH 650'
|
$145,000
|
$15,000
|
|
376
|
WILLOW LANE FROM LaPLATTE ROAD SOUTH 120' CUL-DE-SAC
|
$35,000
|
$.00
|
|
377
|
50TH STREET FROM 700' EAST OF 19TH AVENUE TO 120' WEST OF 22ND AVENUE 1760'
|
$430,000
|
$.00
|
|
378
|
19TH AVENUE FROM 130' SOUTH OF 50TH STREET TO 130' NORTH OF 50TH STREET, 260'
|
$50,000
|
$.00
|
|
379
|
21ST AVENUE FROM 50TH STREET NORTH 130'
|
$35,000
|
$.00
|
|
380
|
22ND AVENUE FROM 50TH STREET SOUTH 130'
|
$35,000
|
$.00
|
|
382
|
39TH STREET AND AVENUE A SIGNAL
|
$150,000
|
$150,000
|
|
383
|
25TH STREET AND AVENUE E SIGNAL
|
$80,000
|
$40,000
|
|
384
|
14TH STREET FROM 17TH AVENUE
TO 115’ E OF 17TH
AVENUE
|
$15,000
|
$.00
|
PROPOSED SIX YEAR PLAN
Project
Estimated
Estimated
No.
Location
Total Cost
City Cost
|
143
|
25TH STREET (HIGHWAY 30) FROM
AVENUE B TO AVENUE E
|
$275,000
|
$75,000
|
|
166
|
39TH STREET FROM AVENUE A TO 2ND AVENUE 1400'
|
$2,000,000
|
$2,000,000
|
|
170
|
39TH STREET AND 17TH AVENUE
INTERSECTION
|
$300,000
|
$300,000
|
|
237
|
60TH STREET FROM 4TH AVENUE WEST 450'
|
$90,000
|
$20,000
|
|
245
|
COUNTRY CLUB LANE FROM 35TH STREET TO 39TH STREET 1200'
|
$370,000
|
$150,000
|
|
267
|
39TH STREET FROM 2ND AVENUE TO 6TH AVENUE
|
$1,000,000
|
$1,000,000
|
|
268
|
CHERRY AVENUE INTERSTATE
INTERCHANGE & CHERRY AVENUE TO GLENWOOD
|
$20,000,000
|
$4,000,000
|
|
293
|
48TH STREET FROM 6TH AVENUE TO PARKWOOD LANE 1650'
|
$400,000
|
$100,000
|
|
294
|
48TH STREET FROM PARKWOOD LANE TO 17TH AVENUE 1900'
|
$470,000
|
$120,000
|
|
300
|
RAILROAD GRADE
SEPARATION OVERPASS - LOCATION DETERMINED BY STUDY TO BE 17TH AVENUE JUST EAST OF TAILRACE
|
$11,000,000
|
$11,000,000
|
|
341
|
11TH STREET FROM 1ST AVENUE TO 7TH AVENUE 2100'
|
$800,000
|
$800,000
|
|
360
|
56TH STREET FROM AVENUE N TO
AIRPORT 13500’
|
$3,500,000
|
$3,500,000
|
|
361
|
29TH STREET AND 5TH AVENUE
INTERSECTION
|
$160,000
|
$160,000
|
|
381
|
AVENUE N NORTH 135’ TO
1700’ NORTH OF EASTBROOKE DRIVE
|
$800,000
|
$800,000
|
Gary Story, Transportation Superintendent, stated that since
the last meeting, there have been a couple of additions to the One Year
Plan. A couple of calls were received about Project No. 383, which
is the 25th Street and Avenue E intersection remodel and
the traffic signal. This project is in the process of being designed by
the State. It was decided to put it in the plan because people were wondering
why it was not there and has caused some confusion. Project No. 384 is 14th Street from 17th Avenue to 115 feet east of 17th Avenue, which is an additional development project. There
are no changes to the Six-Year Plan.
Discussion was held on installing signals at University Drive and Lakeview Drive intersection and the 39th Street and Avenue A intersection. There will have to be traffic
studies done and if the warrants are not there, the City will have to look at
other alternatives. He wanted to clarify to the public that if the warrants are
not there, then the City cannot put in the signals. He believed some of
the accidents that have happened on 39th Street and Avenue A could warrant a signal; however, there will
need to be a redesign of both of those intersections.
Rod Wiederspan, Director of Public Works, stated they needed
to realign the site line on Lakeview Drive
to be able to see over that hill and alleviate some of the safety concerns
without doing a full-blown signal. The concern about a signal at
the top of the hill is although people can see the signal; they might not be
able to see a vehicle sitting there. This could cause rear end collisions
at the intersection. The site line also needs to be redesigned on 39th Street because of the hill.
Council Member Hadley asked if the Council could receive a
report of the completed projects on the One Year Plan so that they know if
projects are getting done. City Manager stated that if a project is on the One
Year Plan it will be done, in fact some are already completed. Mr. Story
stated that occasionally there are projects that get delayed such as the brick
intersections in downtown because they were uncertain how to do the
design.
City Manager also stated that part of the consideration of
the One Year Plan is budgetary. There are a limited amount of gas tax
dollars available. Basically, the projects are prioritized and put on the
One Year Plan when the City can afford to do them. Mr. Story stated they
are required to file a detailed State report for each of these projects
documenting the progress. If the State sees a project on the report from
year to year, then they would question the reason why.
Mayor Blankenship stated there have been many comments about
the 30th Avenue project because it is badly needed,
but it is going to be a juggling act to make it all work. The YRTC has a limited
amount of entrances and exits, as well as the residences in the area.
Director of Public Works stated that the City is moving into this project
rather quickly because the box culvert has to be put in before the water is in
the canal. This has moved the project ahead of their meeting with the
public. They will be lining up a neighborhood meeting perhaps at the golf
course clubhouse and invite the neighbors out to walk through that
project. There will be a lot of phasing about how to get to YRTC and the Highland Park area in particular. The
Central Avenue project was unique because the City
had 100 foot of right-of-way which allowed room to build frontage roads on both
sides to keep access to the businesses. On 30th Avenue the City does not
have the luxury of that wide of a right-of-way so there will be a period when
Highland Park will have to get access from the north while working on the south
portion paving. After that they will shift to the north and open up the
south portion. The plan is to work on getting YRTC access through the golf
course road during the project. The two residences and the insurance
company will have some temporary access one way or the other. They will make
certain that the businesses and residences have access.
On the Six Year Plan, Council Member Clouse asked if the
developers would be assessed for Bel Air area and 65th Street coming across from the west to the
east. Director of Public Works stated it will go out to a bridge area on
Avenue N (out to that structure) and will be annexed into the City limits at
that time. This road is considered an arterial so the R-1 zoning will not
get assessed.
Council Member Hadley asked if 56th Street will go all the way to the Airport Road. City Manager stated that
this is on the County’s One and Six Year Plan since it is outside the City
limits. The County did put 56th Street all the way to Airport Road. Mr. Story will meet with the County about the plans
they adopted at their meeting earlier in the day and compare.
Mayor Blankenship stated that the warrants are dictated by
the State and are based on traffic counts, accidents, and citizen
comments. Director of Public Works added that signals are determined for
all states and municipalities as stated in the Federal Traffic Control
Manual. If a signal were to be placed without being warranted, the City
would be liable for accidents at that intersection. Mayor Blankenship
commented that the City has very little control over liquor licenses and
traffic signals.
Council Member Kearney stated he had received calls
regarding the Avenue M/N Overpass connecting onto 27th Street because traffic stacks up
there. Director of Public Works stated this is one of the intersections
that will have a traffic study for a signal or some form of traffic control
because a number of complaints have been received about that
intersection. Olssen and Associates are doing some studies for the City
now and either the City will look at them in house or have Olssen review to see
if they meet any warrants. Director of Public Works stated there are a
number of signals and intersections that are trouble spots, but are not on the
One Year Plan because we are not sure what the fix is for them at this
time. These sites will continue to be monitored and counts taken on
them.
Director of Public Works also stated that Olssen and
Associates is working on the overall traffic plan and one of the components
that will be done next is looking at all of the lights on 2nd Avenue and the
speed limits. The City will have a joint project with the State to see
what can be done on 2nd
Avenue.
City Manager stated that a query had been made about the
signal at 48th Street and 2nd Avenue because there are no left turn arrows. Director of
Public Works stated this was one intersection that did not warrant arrows at an
earlier time but with the added traffic there, it probably will be warranted
now. When 48th Street was first put in it did not connect
with 6th Avenue, but now a lot of traffic is using 48th Street to bypass 2nd Avenue and 39th Street and he believed the numbers would probably warrant that
now. This will be taken to the State.
Marvion Reickert, Rolling Hills, voiced his concern that
Highway 30 is a dangerous highway. He heard that the State is going to
make a bypass around Sheen’s Trailer Court
to alleviate the traffic from Cottonmill Road
and Rolling Hills. Mayor Blankenship stated he had attended a
neighborhood meeting out there some time ago and heard nothing about such a
proposal. Mayor Blankenship added that he shares the frustration about
the dangerous situation on west Highway
30 and knows the State is doing some things now about speed limits in that area
and perhaps some signals. Director of Public Works stated that the State
is programming the next phase of making a 4-lane going west at least out to Cottonmill Road. He was not sure where they
are in that program, but have heard from a couple of different engineering
firms that they are putting together proposals.
Cole Spresser, Director of Community Relations UNK Campus
Student Government, stated that he took the issue of a traffic signal at University Drive and Lakeview Drive to the members of the student government. They had
some discussion about it and they agreed that because it is a high traffic
street that intersection is dangerous. They also agreed they did not
believe that a traffic signal would improve the situation very much especially
in the winter with icy conditions. There are times of high-density traffic on
that road such as UNK football and basketball games, when lights might cause
more of a traffic flow problem than it would help. Their suggestion was
to improve the vision from Lakeview Drive
if it can be done.
City Engineering Assistant Bruce Grupe stated that there are
actually nine warrants by the NTCD Manual regarding site distance, which
determines whether a signal can be put in or not. That is how this signal
got proposed. He believed the better thing to do is to realign the intersection
without a signal so they would have the sight distance. One of the
problems is that the intersection cannot be moved over too far because of the
dam structure of the lake. They are just starting to look at this to find
the best possible option for this site. It could be realignment, a
signal, or both. They have even entertained some traffic circle
options.
Lean Brandt, 100 Brandt’s Lakewood, stated there has not been much publicity about exits off of
I-80. He stated that he is against the proposal to put the exit on Cherry Avenue. He believed this would
require widening of the bridge over the canal and hard surfacing of roads
all the way up to Glenwood Corners (approximately 8½-9 miles) with paving or
asphalt at a considerable cost. He said that he assumes that the City
would have to address the situation of getting traffic over Highway 30 and the
railroad tracks which will require another overpass at some point and
time. This in turn would require some type of a cloverleaf to get traffic
back onto Highway 30 or some type of ingress/egress road. Another fact is
that Cherry Avenue deadheads into a school. He
also assumed that the City would have to hard surface some roads from where the
paving stops on 11th
Street to Cherry Avenue. He understood that the County Board has discussed that 56th Street would also have to be hard surfaced from where it stops on
Avenue N. This is a considerable amount of hard surfacing of the
roads. This would also require some type of signal on 39th Street and Cherry Avenue because of the amount of traffic. He also pointed out that
there is an exit on the Minden Interchange which is not very far down the road
from there. Mr. Brandt stated that he understands that this decision is
up to the State on where that exit is going to be.
Mr. Brandt stated he believed that the exit should go on Keawest Road because there is already an
overpass over the railroad tracks. On Highway 30, you are not immediately on
the highway after getting over the tracks like you would be on Cherry Avenue. There is already a
stop light on 30th
Avenue. If
there was a 17th Avenue overpass sometime in the future, by
getting off on Keawest
Road, people would
have the option to go right and get to the University or go left and do the 30th Avenue Overpass that is already
there. 11th
Street is already
paved, 56th Street is already paved, the overpass is
done and he believed this would greatly benefit the Tri-City Arena with their
traffic flow. 30th
Avenue is already
hard surfaced except for a half mile from that overpass all the way to Highway
40. Cherry Avenue is further away from the central business district than
30th Avenue, which is also closer to the users
of the golf course. He stated that his biggest concern is the City sewage
treatment plant which occasionally puts off an odor which he believed would
reflect badly on visitors coming into Kearney from that direction.
Mayor Blankenship stated the State has identified the Cherry Avenue exit as the next one, but the 30th Avenue will be the west one. City
Manager stated that the City of Kearney needs both exits and the fact is that Cherry Avenue should have been done by now and we should be talking about
30th Avenue. He stated even if the City were to change horses now and
decides to change to 30th
Avenue, it would take
6-7 years just to get where we are now on Cherry Avenue because of all the environmental studies which have taken a
tremendous amount of time and study. He believed it should not be a
question of either/or but a question of how to do both.
Council Member Hadley suggested that a map be made showing
the progress the City has made in upgrades and developments in the past ten
years. There has been a big investment in streets in Kearney because we are a growing
city. Director of Public Works stated that a couple of years ago they had
done such a map and another could be done to show the areas of growth. He
said amazingly it was in all quadrants of the community.
Moved by Kearney
seconded by Clouse to close the hearing and adopt the One and Six Year Street
Improvement Plan and approve Resolution No. 2004-25. Roll call resulted as
follows: Aye: Blankenship, Kearney,
Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2004-25
WHEREAS, the City of Kearney, Nebraska is required by Section 39-2119 of the
Nebraska Revised Statutes to adopt a One and Six Year Street Improvement
Program.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, at a Public Hearing held at approximately 7:30 p.m. on
February 10, 2004, in the Kearney City Council Chambers that the One Year City
Street Plan for fiscal year ending July 31, 2005 and the Six Year City Street
Plan ending July 31, 2010, are hereby adopted as listed on the Summary of One
Year Plan and the Summary of Six Year Plan, marked as Exhibit “A” attached
hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 10TH DAY OF FEBRUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
IV. CONSENT AGENDA
Moved by Clouse seconded by Hadley that Subsections 1
through 4 of Consent Agenda Item IV be approved. Roll call resulted as follows:
Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held January 27, 2004 and the Minutes of the Special
Emergency Meeting held January
28, 2004.
2.
Approve the following Claims: 3M MDY 9704 $2,530.00 Su; Ace Hardware $112.97
Various; Advance Auto Parts $1.67 Su; Air Side Components $85.00 Rep; Alliance
Medical $433.66 Su; Alltel $2,658.83 Serv; Amazon.Com $20.93 Bks; Amer Assoc of
Airprt Exec $325.00 Reg; Amer Backflow Prev Assoc $80.00 Tr; Amer Electric
$1,676.29 Various; Anderson, T $80.00 Ref; Anixter $370.44 Su; Applebee's
$80.00 Su; Appliance Service Center $1,310.00 Various; Ask Supply $147.68 Inv;
Aspen Publications $190.31 Su; AT&T $84.83 Serv; Baer, R $9.86 Ref; Baker
& Taylor $3,086.82 Bks; Bamford $994.18 Rep; Baumgartner, J $22.16 Ref; Beattie,
K $114.70 Ref; Blue Cross Blue Shield of NE $41,335.90 Claims; Bobs Super Store
$60.66 Su; Bob's Total Service $49.95 Inv; Books on Tape $12.00 Bks; Bosselman
Oil $22,403.48 Inv; Boundaries Publications $40.00 Bks; Bowman, R $9.97 Pc;
Broadfoot Sand $1,412.50 Su; Broderbund Software $54.99 Su; Bruha, S $300.00
Tr; Buffalo Co Planning & Zoning $25.00 Permit; Buffalo Co Reg of Deeds
$55.50 Various; Buff. Co Treasurer $11,250.00 Legal; Buggy Bath Car Wash $63.50
Rep; Builder's $1,698.84 Various; Buzzs Marine $223.00 Su; Call One
$156.70 Su; Canada Life Assur $1,737.91 Prem; Canal Bank $77.20 Rep; Capstone
Press $484.40 Bks; Career Track $139.00 Tr; Carlos O'Kelly's $40.00 Su; Casey's
General Store $6.45 Su; Cash Wa $21.72 Su; CDW $1,248.90 Various; CED Ent
Electric $104.90 Rep; Cellar Bar & Grill $60.00 Su; Central Comm College
$132.00 Tr; Central Fire $92.90 Various; Central Hydraulic Systems $165.73 Inv;
Central NE Bobcat $1,285.57 Inv; Charter Communications $43.55 Serv; Charter
Media $400.00 Serv; Charter Paging $21.92 Serv; City of Ky $1,253.96 Various;
CLH $309.00 Serv; Clifford of Vermont $714.00 Su; Clouse, R $37.40 Ref; CMI
$94.24 Su; CODI $75.00 Serv; Cold Spring Granite $162.00 Su; Compass Point
$270.35 Bks; Complete Music $255.00 Su; Computer Hardware $286.90 Su; Computer
Pros $93.65 Su; Construction Rental $121.31 Various; Control Masters $920.00
Rep; Cool Tech Comm Refrigeration $2,335.00 Equip; Copycat Printing $100.07 Su;
Corporate Express $198.55 Su; Crossroads Ford $233.55 Inv; Culligan $71.25
Various; D&D Investment $66.54 Ref; Daniels, D $14.59 Ref; Dawson Co PPD
$157.07 Serv; Dell $25,102.16 Equip; Development Council $917.44 Serv; Diamond
Vogel Paints $260.90 Su; Dog Fancy Magazine $14.99 Bks; Don's Pioneer Uniforms
$562.90 Cla; Double M Farms $2,000.00 Compost; Dowhy, P $26.90 Ref; Dubs $24.99
Inv; Dutton-Lainson $7.53 Inv; Eakes $616.41 Su; Eastman, R $17.25 Ref; Easy
Picker Golf $139.76 Su; Ecolab $26.00 Su; EDM Equipment $66.24 Su; Eileen's
Colossal Cookie $13.50 Su; Elliott Equipment $142.90 Inv; Emblem Entr $987.35
Su; Engels Glass Design $30.00 Su; Envirotech Services $2,829.87 Su; Expression
Wear $227.00 Su; Facts on File $853.49 Bks; Fairbanks Int'l $664.30 Various;
Farm Plan $545.13 Rep; Farmers Union Coop $760.00 Serv; Fastenal $487.02 Inv;
Fire Engineering $19.95 Bks; Fireguard $35,261.22 Equip; Fred Pryor/Careertrack
$129.00 Tr; Frontier $1,473.62 Serv; Frontierair $316.50 Tr; Fun Time Hobby
$34.06 Ref; Gallery $1,024.06 Su; Galls $167.32 Incentives; German, A $31.26
Ref; Goody Square $586.00 Equip; Gordon's Small Engine Repair $127.71 Serv;
Grainger $365.82 Su; Gronewoller, S $133.95 Tr; Grupe, B $215.41 Tr; Guideposts
$16.94 Bks; H&G Cleaners $529.34 Serv; Hanson, C $71.15 Ref; Hastings
$20.00 Su; Highsmith $71.24 Su; Hinrichs, S $31.85 Reim; Hobby Lobby $24.13 Su;
Holiday Stationstore $20.00 Su; Holmes Plbg $336.15 Rep; Holmes, A $25.12 Ref;
Hurricane Fence $625.00 Equip; Interstate All Battery $87.13 Su; Int'l Code
Council $30.00 Serv; Intoximeters $161.50 Su; Invensys Metering Systems
$1,000.00 Serv; ISDN $14.95 Su; Jack Lederman $668.84 Various; James, D $300.00
Tr; JJE $249.00 Rep; JR's Western $103.10 Cla; K&K Auto Parts $265.69 Inv;
K Mart $67.59 Su; Kalba, R $136.48 Tr; Ky Area Chamber of Commerce $38,404.54
Taxes; Ky Area Solid Waste Agency $58,744.79 Tipping Fees; Ky Clinic $136.00
Serv; Ky Concrete $1,563.29 Su; Ky Crete $3.30 Su; Ky Hub $129.50 Bks; Ky
Implement $349.28 Equip; Ky Truck Parts $35.00 Su; Ky Whse $388.10 Su; Ky
Winlectric $74.48 Su; Ky Yamaha $275.95 Various; Kelly Electric $10.12 Rep;
Kewanna Screen Print $477.80 Su; Killion Motors $417.44 Inv; Kooyman, R $200.00
Reim; Krohn, S $8.37 Ref; Kustom Signals $6,298.00 Equip; L&W Tires $14.94
Su; Lakeland Engineering $31.45 Inv; Lamp, Rynearson & Assoc $116.00 Serv;
Lang, L $123.58 Tr; Lavington, K $10.18 Ref; League of NE Municipalities
$354.00 Tr; Lerner Publishing $33.90 Bks; Linda's Uphostery $230.99 Su; Linweld
$213.76 Various; Lockmobile $2.00 Su; Londer, P $41.83 Ref; Lookout Books
$118.65 Bks; Lowe, S $660.00 Serv; Lynaugh, J $53.48 Tr; Machines & Media
$142.00 Su; Magicbox $130.00 Su; Mail Express $13.89 Pstg; Martinosky, M $50.00
Reim; Mashek, J $28.96 Ref; Mid American Specialties $258.90 Su; Mid State
Engineering $1,724.00 Serv; Middleton Electric $1,032.39 Serv; Mid-NE
Lubricants $2,191.20 Equip; Midwest Turf $467.00 Su; Mieth, T $45.30 Cla;
Miller & Associates $39,441.10 Serv; Miller Signs $546.66 Su; Momar $95.73
Tools; Morris Press $485.00 Su; Mosbarger, B $200.00 Reim; Mr. Automotive $2,557.31
Various; Municipal Supplies $1,605.98 Various; NAPA $2,452.18 Various; Nat'l
Fire Protection $98.09 Bks; Nat'l Water Works $2,156.89 Inv; NE Board of
Engineers $90.00 Fees; NE Cemetery Association $40.00 Dues; NE Crime Commission
$6.00 Rep; NE Dept of Env Quality $150.00 Renewal; NE Inst of Forensic Sciences
$300.00 Tr; NE Rural Water Association $215.00 Tr; NE American Legion $63.90
Rep; NE Truck Center $44.92 Inv; NE Turf Grass $790.00 Fees; New World Systems
$400.00 Serv; Newman Signs $174.69 Various; NGCSA $150.00 Dues; Northern Safety
$126.88 Rep; Northwest Electric $70.99 Rep; Northwestern $14,578.06 Serv;
Northwestern Universtity $8,311.00 Tr; Novus Windshield Repair $31.50 Su;
Office Depot $615.11 Su; Office Max $621.26 Su; Officenet $1,398.36 Su; Olsson
Associates $13,889.70 Serv; On Site Mobile Sharpening $107.89 Various; O'Reilly
$33.17 Inv; Oriental Trading $48.72 Su; Orscheln Farm $100.10 Various; Overhead
Door $50.00 Su; P.E.P. $48.67 Rep; Paradign Ins Group $19,199.15 Prem; Pat's
Plbg $403.41 Su,Rep; Pet Kingdom $11.44 Inv; Petersen, J $19.21 Ref; Platte
Valley Communications $697.73 Serv; Platte Valley State Bank $100.00 Bonds;
Postmaster $315.00 Pstg; PowerPlan $383.48 Rep; Preferred Mail $127.93 Pstg;
Presto-X $73.00 Rep; Priority Mgt System $89.10 Su; Prochaska, J $15.23 Ref;
Promiss Testing Centers $195.00 Tr; Quill $189.44 Su; R&R Products $191.07
Su; Radio Shack $17.98 Su; Reams Sprinkler Supplies $87.14 Su; Record Printing
$15.00 Bks; Recorded Books $154.45 Bks; Redman's $106.48 Cla; Reilly, K
$34.05 Ref; Russell, S $16.60 Ref; Sagebrush $151.94 Bks; Sahling Kenworth
$34.99 Inv; Sall, B $805.14 Ref; Sam's Club $192.72 Bks; Schade, A $34.08 Ref;
Scholastic Library Publications $105.30 Bks; School Dist #7 $1,408.55 Remitt;
See Clear Cleaning $1,950.00 Serv; Sheraton Hotels $289.78 Tr; Sherwin Williams
$137.84 Su; Shirt Shack $1,079.70 Su; Shundoff, J $36.82 Ref; Simmerman
Electric $293.41 Rep; Sirchie Finger Print Lab $451.75 Su; Skate Grindline
Parks $2,500.00 Serv; Smith, J $32.65 Ref; Solid Waste Equipment $19,000.00
Containers; Spencer, J $27.26 Ref; Sports Village $98.82 Su; St of NE DAS
Communications $156.64 Serv; Stocker, K $11.00 Tr; Story, G $10.35 Tr; Sun
Development $16.29 Ref; Supanchick, A $7.11 Ref; Super Shine $149.00 Rep; Sydney's
$40.00 Su; T&B Cleaning Svcs. $1,100.00 Serv; Target $296.17 Su;
Teamsoftware Solutions $104.00 Su; Thomson Healthcare $72.95 Bks; Tollefsen
Elliott $735.25 Su; Tool Doctor $39.20 Rep; Totalbarcode.Com $15.60 Su; Tractor
Supply $1,440.17 Various; Tri-City Outdoor Power $39.20 Inv; Twin Valley
Communications $138.21 Rep; U Save Foods $7.96 Su; Union Oil $507.17 Inv;
United Air $419.00 Tr; UNL Pesticide Education $55.00 Su; UPS $12.55 Pstg;
Upstart $21.20 Su; Urbanek, T $53.48 Tr; USDA/APHIS License Fee $10.00 Su; USPS
$56.33 Pstg; Utility Equipment $722.44 Inv; Vel Co $14.24 Ref; Viking Office
Products $166.07 Rep; Village Cleaners $510.08 Serv; Walgreens $6.56 Su;
Wallinger, S $66.93 Ref; Walmart Supercenter $4,619.50 Various; Wasserburger, J
$10.18 Ref; Wellman, P $83.44 Cla; Westfall $58.78 Inv; Whiskey Creek $60.00
Su; Wilke Donovans True Value $348.48 Su; Willis Shoe $181.62 Rep; Wilson
Leather $55.08 Ref; Young's $49.85 Rep; Zimmerman Printers $388.00 Various;
Payroll Ending 1-24-2004 -- $238,052.45.
The foregoing schedule of claims is published in accordance with Section
19-1102 of the Revised Statutes of Nebraska, and is published at an expense of
$_________ to the City of Kearney.
3.
Approve the request submitted by Daniel Pritchard on behalf of Clyde & Vi’s
Campground to extend the permit allowing the manufactured home located at 300 3rd Avenue for a period of one year.
4. Approve
the Application for a Special Designated License submitted by JCB ENTERPRISES,
INC., dba “Bill’s Liquor” in connection with their Class C/K-39105 Catering
Liquor License to dispense beer, wine and distilled spirits at the Great Platte
River Road Memorial Archway Monument, 3060 East 1st Street, on February 28,
2004 from 3:00 p.m. until 1:00 a.m. for a club dance.
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
ORDINANCE NO. 7027 – REZONING; 910
WEST 11TH STREET
Council Member Hadley introduced Ordinance No. 7027, being Subsection
1 of Agenda Item VI to rezone from “District RR-1, Rural Residential District
(Rural Standards)” to “District R-1, Urban Residential Single-Family District
(Low Density)” and “District R-2, Urban Residential Mixed-Density District”
property described as Lot 1 Maurer Addition, an addition to the City of
Kearney, Buffalo County, Nebraska and part of the West Half of the Northeast
Quarter of Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska (910 West 11th 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 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, 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. 7027
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 Buschkoetter seconded by Blankenship that Ordinance
No. 7027 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. 7027 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. 7028 – VACATE
PORTION OF MAURER ADDITION AND CENTENNIAL SUBDIVISION
Council Member Hadley introduced Ordinance No. 7028, being
Subsection 2 of Agenda Item VI to vacate Lot 1, Maurer Addition to the City of
Kearney and Lots 18, 19, 20, 21 of Block 1, Centennial Subdivision 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 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, 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. 7028 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 Buschkoetter seconded by Blankenship that Ordinance
No. 7028 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. 7028 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
FINAL PLAT – HAMMER-McCARTY
ADDITION
Mayor Blankenship the application submitted by Mitch
Humphrey for Larry Nansel, President of the Buffalo County Historical Society
for final plat approval of “HAMMER–McCARTY ADDITION” will be tabled until
February 24, 2004 to allow for the preparation of an easement/agreement being
presented to the City identifying a detention cell and a drainage way to the
North Channel of the Platte River.
Moved by Blankenship seconded by Kearney to table until
February 24, 2004 the application submitted by Mitch Humphrey (Applicant) for
Larry Nansel, President of the Buffalo County Historical Society (Owner) for
final plat approval of “HAMMER–McCARTY ADDITION” to the City of Kearney,
Buffalo County, Nebraska (between 10th Street and 11th Street and west of 7th
Avenue). Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
ORDINANCE NO. 7029 – REZONING; 1090
62ND AVENUE
Council Member Kearney introduced Ordinance No. 7029, being
Subsection 4 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District RR-1, Rural Residential District (Rural Standards)”
property described as a tract of land being part of Government Lot 2 and
accretions in Section 7, and part of accretions located in the Southeast
Quarter of the Southeast Quarter of Section 6, all in Township 8 North, Range
16 West of the 6th P.M., containing 8.59 acres, more or less, Buffalo County,
Nebraska (1090 62nd Avenue), and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member 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, Hadley, Clouse, Kearney. Nay: None. Motion to suspend the
rules having been concurred in by three-fourths of the City Council, said
motion was declared passed and adopted. City Clerk read Ordinance No. 7029 by
number. Roll call of those in favor of the passage of said ordinance on the
first reading resulted as follows: Aye: Blankenship, Buschkoetter, Hadley,
Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7029
be passed, approved and published as required by law. Roll call resulted as
follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7029 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
FINAL PLAT – SENIOR SUBDIVISION
Mayor Blankenship opened for discussion the application
submitted by Mitch Humphrey (Applicant) for Robert L. Senior (Owner) for final
plat approval of “SENIOR SUBDIVISION” of Buffalo County, Nebraska (1090 62nd
Avenue) and to consider Resolution No. 2004-27 subject to the effective date of
Ordinance No. 7029. Planning Commission recommended approval.
Moved by Hadley seconded by Buschkoetter to approve the
application submitted by Mitch Humphrey (Applicant) for Robert L. Senior
(Owner) for final plat approval of “SENIOR SUBDIVISION” of Buffalo County, Nebraska (1090
62nd Avenue) and
approve Resolution No. 2004-27 subject to the effective date of Ordinance No.
7029. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
RESOLUTION
NO. 2004-27
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “SENIOR SUBDIVISION” a subdivision being part of Government
Lot 2 and accretions in Section 7, and part of accretions located in the
Southeast Quarter of the Southeast Quarter of Section 6, all in Township 8
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and in
accordance with the terms and requirements of Sections 16-901 through 16-904
inclusive, R.R.S. 1943 (as amended) accepted and ordered filed and recorded in
the Office of the Register of Deeds, Buffalo County, Nebraska.
BE IT FURTHER RESOLVED that the
President of the Council be and is hereby authorized and directed to execute
the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 10TH DAY OF FEBRUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
ORDINANCE NO. 7030 – VACATE
PORTION OF BRANDT’S LAKEWOOD SUBDIVISION AND BRANDT’S LAKEWOOD 7TH SUBDIVISION
This agenda item and the next item were discussed together
but voted on separately.
The
applicant is requesting approval of a one-lot residential subdivision located
north of Fruitwood
Street in Brandt’s
Lakewood Subdivision on the south side of the Platte River. This lot actually abuts the south
bank of the Platte River. In order to meet the size and location requirements for
the future owner, the Developer is going to vacate parts of two existing lots
so the property can be combined into one lot. This land is zoned “RR-2, Rural
Residential, Intermediate Standards”.
Vacation
Lot
1 of Block 1, Brandt’s Lakewood Subdivision and Lot 1 of Block 1, Brandt’s Lakewood 7th Subdivision must be vacated so
that the property can be replatted as Brandt’s Lakewood 8th Subdivision.
Subdivision
Plats
The
Preliminary Plat and Final Plat consist of a one-lot subdivision along the
south bank of the Platte River. The Preliminary Plat was approved by Planning Commission
on January 16, 2004.
Although
not shown on the plat, staff suggested to the Planning Commission that a
15-foot setback from the high bank line of the river shall be maintained on the
north side of the lot. The owner would like to build a deck in this area.
Therefore, Planning Commission discussed the options available and decided that
due to the uniqueness of the lot and its location, the Board of Adjustment
could consider the case and possibly grant a variance to the side yard
requirement.
The
lowest finish floor elevation must be at least one foot above the base flood
elevation. The previously approved private access road to the west remains
unaffected. A Public Works Plan is not required. The house will be connected to
the existing sewage package plant. Water will be provided by an individual
well. A Subdivision Agreement is not required.
Mitch
Humphrey presented this matter to the Council. He stated this is a piece
of property that consists of two lots. What they want to do is to vacate
a couple of lots, combine them, and add some unplatted ground to
it.
Council Member Buschkoetter introduced Ordinance No. 7030, being
Subsection 6 of Agenda Item VI to vacate Lot 1 of Block 1, Brandt’s Lakewood
Subdivision and Lot 1 of Block 1, Brandt’s Lakewood 7th Subdivision, all in
Kearney County, Nebraska (north of Fruitwood 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 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, Kearney, Buschkoetter, Hadley, Clouse. 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. 7030 by number. Roll call of those in favor of the passage of
said ordinance on the first reading resulted as follows: Aye: Blankenship,
Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Blankenship seconded by Kearney that Ordinance No. 7030 be passed,
approved and published as required by law. Roll call resulted as follows:
Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7030 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
FINAL PLAT – BRANDT’S LAKEWOOD 8TH
SUBDIVISION
Mayor Blankenship opened for discussion the application
submitted by Mitch Humphrey (Applicant) for James Gregory and Tamara Brandt
(Owner) for final plat approval of “BRANDT’S LAKEWOOD 8TH SUBDIVISION” to the
City of Kearney, Kearney County, Nebraska and to consider Resolution No.
2004-28 subject to the effective date of Ordinance No. 7030. Planning
Commission recommended approval.
Moved by Kearney seconded by Clouse to approve the
application submitted by Mitch Humphrey (Applicant) for James Gregory and
Tamara Brandt (Owner) for final plat approval of “BRANDT’S LAKEWOOD 8TH
SUBDIVISION” to the City of Kearney, Kearney County, Nebraska and approve
Resolution No. 2004-28 subject to the effective date of Ordinance No. 7030.
Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2004-28
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “BRANDT’S LAKEWOOD 8TH SUBDIVISION” a subdivision being part
of accretions to Government Lot 2 in Section 23, Township 8 North, Range 16
West of the 6th P.M., Kearney County, Nebraska, and in accordance with the
terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943
(as amended) accepted and ordered filed and recorded in the Office of the
Register of Deeds, Kearney County, Nebraska.
BE IT FURTHER RESOLVED that the
President of the Council be and is hereby authorized and directed to execute
the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 10TH DAY OF FEBRUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
OPEN ACCOUNT CLAIMS
-- NEBRASKA PUBLIC POWER DISTRICT -- $69.41
Moved by Hadley seconded by Buschkoetter that Open Account
Claims in the amount of $69.41 payable to Nebraska Public Power District be
allowed. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None.
Clouse abstained. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Buschkoetter seconded by Blankenship that Council
adjourn at 8:45 p.m. Roll call resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
ATTEST:
BRUCE L.
BLANKENSHIP
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK