Kearney, Nebraska

May 11, 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 May 11, 2004, 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: Steve Lewis, Chan Lynch, Rolynn Ramirez, Mitch Humphrey, Scott Sanders, Kent Cordes, Justin Hankins, Lance Lang, Max Richardson, Bruce Grupe, Ralph Wyngarden, Ken Tracy, Terry Eirich, Jen Myers, Kellie Abood, Ron Ross, Pat Nelson, Todd Brown, Mike Konz from Kearney Hub, Mike Cahill from KKPR Radio, and Dave Jenner from KGFW Radio.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Sam Rathod from Faith Methodist Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Charlie Forte, Matt Jensen, Zach Heiden led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS – PRESENTATION ON CITIZENS SATISFACTION SURVEY

 

Justin Hankins, interning with the City of Kearney, presented the results of the Citizens Satisfaction Survey.

 

Justin stated that the comments and results from this year’s survey were good.  499 surveys were returned out of the 8,000 surveys that were sent out with the utility bills.  The limitations were only those that receive a utility bill from the City received the survey.  The survey was available on the City website, but the response received from the survey being online were minimal.   

 

1. Do you feel comfortable contacting the City of Kearney about a service need or question?  78.0% felt comfortable compared to 78.5% in 2003, and 76.0% in 2002.

He explained that one percentage point can range from 4.6 to 4.9 respondents per question.

 

2. What is the best way to keep you informed about City services?  The Utility bill stuffer continues to be the primary preferred source of information with 37% compared to 42% in 2003 according to the respondents. Newspaper was second with 33% compared to 31% in 2003.  The radio and television were third and fourth as a source of information. The Internet had the smallest percentage listed for City information but increased from 2.0% in 2003 to 3.5% in 2004.

 

3. How satisfied are you with the overall traffic flow throughout Kearney?   49% were satisfied and 49% were dissatisfied with the current flow of traffic.  In 2003, 47% were satisfied and 50% were dissatisfied. The 49% is a big improvement over the satisfaction rate of 40 % in 2002. The most significant change was in the very dissatisfied which is now at 17% compare to 20% last year and 26% in 2002.

 

4.  How satisfied are you with the services offered by the Kearney Public Library and Information Center?  72.5% were satisfied, only 5% were dissatisfied, 22.5% had no opinion.  “No opinion” was received from those that rarely or never use the Kearney Public Library and Information Center.

 

5. How satisfied are you with the services offered by the Kearney Police Department?  81% were satisfied compared to 82% in 2003 and 2002.  10% were dissatisfied compared to 8% in 2003 and 2002.  9% had no opinion due to no encounters with the Kearney PD.   Satisfaction was up from 70% in 2003.

 

6.  How satisfied are you with the response time of the Kearney Volunteer Fire Department?   63.5% were very satisfied and 1.5% was dissatisfied.  35.5% marked no opinion because of their lack of encounters with the Fire Department.

 

7. How satisfied are you with garbage collection services?  92.5% were satisfied and 6.5% were dissatisfied.  In 2003, 94% were satisfied and 5% were dissatisfied compared to 2002, 90% were satisfied and 8% were dissatisfied.

 

8. How satisfied are you with the condition of the parks in Kearney?  83.5% were satisfied, 9.5% were dissatisfied, and 7% had no opinion.  The satisfaction rate is up from 81.5% in 2003 and 72% in 2002.

 

9. How aware are you of the services offered at the Kearney Municipal Airport?  38% were aware of the services, 15% were not aware, and 47% had no opinion. The awareness response was comparable with 2003.  This question was changed after the 2002 survey. 

 

10. How aware are you of the recreational programs available through the Park & Recreation Department?  57% were aware, 9% were not aware, and 34% had no option.  The 9% not aware was down dramatically from 25.5% in 2003 and 19.0% in 2002.   The “no opinion” was due to respondents not having children involved in those programs or older residents.

 

11. Please rate the overall quality of services provided by the City of Kearney government?  Over 84.5% indicated satisfaction from 7-10 on this scale.  Only 3.5% indicated dissatisfaction from 1-3 on the scale. In 2003, responses showed 79.5% satisfaction rating from 7-10 and 2% dissatisfaction from 1-3. Mr. Hankins believed that there might have been some confusion on how the respondents marked the rating on the scale because the comments did not support the rating marked on many of the surveys.

 

Mr. Hankins recommended that the City send out a survey to find out how to make people more aware of the services at the Airport.  This could be a project for the summer intern to do.  One of the other comments made on several of the surveys was about synchronizing the traffic lights through Kearney.

 

Mr. Hankins stated that he had learned a lot by conducting this survey.  All the comments have been compiled and appear at the end of his report.  He encouraged the Council to review these comments to see what the concerns of the respondents were. A copy of this report will be available at the Kearney Public Library and at the front desk at City Hall.

 

City Manager Allen Johnson stated that the biggest part of the survey were the comments received.  He assured the people of Kearney that they take these comments very seriously.  The various departments have already begun to look through them and will take the opportunity to respond to them.  

 

Mayor Blankenship stated that this is a good opportunity for the City to evaluate itself and determine if it is meeting the needs of the citizens.  It is also good for the City in terms of the budgeting process.  He commended each department for doing a good job again this year.

 

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

AMEND SECTION 47-109 “FENCE REGULATIONS”

 

Moved by Kearney seconded by Clouse to remove from the table the public hearing on the proposed amendments to Section 47-109 “Fence Regulations” of Chapter 47 “Supplemental Development Regulations” as it pertains to fences.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

Mayor Blankenship stated the Planning Commission recommended approval stipulating that language be added to the proposed amendment providing for “traditionally accepted residential fence materials” as a definition for acceptable residential fence material.

 

City Planner Lance Lang presented this matter to the Council. City Planning Staff is requesting some amendments to Chapter 47 of the Unified Land Development Ordinance (UDO) as it pertains to fence regulations.  Staff is proposing new language that will address the location, height, and type of construction for fences in all zoning districts in which fences are regulated.  These amendments are another “round of housekeeping” as staff attempts to clarify the ordinance based on real world applications.  Amendments to other sections of the UDO were approved by the Planning Commission and the City Council in June 2003 and December 2003.

 

The section has basically been rewritten and reorganized in its entirety. A strike-out/underline version was previously presented to the Council. The proposed amendments address several concerns but are primarily being requested to simplify and improve the regulations. The amendments allow the regulations to be more uniformly applied and reduce conflicting information. The new language makes the regulations more consistent and easier to interpret. Fence regulations differ slightly depending on the type of street the fence abuts. Vision clearance for motorists and pedestrians is also a concern.  The changes should be self-explanatory as they are presented in full in the attachments, but the following is a quick summary of the major revisions:

            Regulations in District A, RR-1 and RR-2 are limited to keeping the fence off of the public right-of way and insuring that the vision clearance triangle is upheld.  In all other zoning districts…

·         The maximum height allowed is six feet

·         The vision clearance triangle for fences is measured with 40-foot legs (as it was before)

·         Fences must be at least 50 percent open construction in front yards and street side yards

·         Fences can exceed 50 percent open construction (can even be fully closed) on arterial street yards, rear yards, and anywhere the fence complies with setback regulations on the lot, except for cases where a fence is erected within 25 feet of the common property pin of a side yard and a front yard, the fence must be at least 50% open construction.

 

Other sections of this chapter that specify construction materials, swimming pool fences, restrictions on barbed-wire, and prohibition of electric fences remain unaltered. The Planning Commission requested additional language defining acceptable construction materials for residential fencing so that pallets, hog wire, and other less desirable materials cannot be used.  The wording “traditionally accepted residential fence materials” was added to the amendment.

 

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 Section 47-109 “Fence Regulations” of Chapter 47 “Supplemental Development Regulations” as it pertains to fences.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

CONDITIONAL USE PERMIT – NEXTEL PARTNERS

 

Mayor Blankenship opened the public hearing on the Application submitted by Nextel Partners, Inc. (Applicant), and Midtown Communications, Inc. (Owner of Property) for a Conditional Use Permit for the co-location of 12 antennas on an existing tower owned by Midtown Communications, Inc. and to place ground equipment inside a confined equipment shelter on property zoned “District R-1, Urban Residential Single-Family District (Low Density)” and described as a tract of land located in the Southwest Quarter of the Northwest Quarter of Section 35,  Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (3406 Lakeview Drive).

 

The applicant, Nextel Partners, is requesting approval of a Conditional Use Permit (CUP) to locate twelve antennas on an existing telecommunications tower at 3406 Lakeview Drive.  This tower is owned by Mid-Town Communications.

 

The property is currently zoned R-1. The Unified Land Development Ordinance (UDO) requires a CUP for telecommunications towers but provides incentives for co-location on existing towers. Co-location requests may be expedited by the Public Works Director as outlined in Chapter 46, paragraph 46-110, “Co-Location.” This application has been expedited and will not be heard by the Planning Commission. The request is to locate 12 antennas and a 9-foot x 15-foot prefabricated equipment shelter at the base of the tower. There shall be no time limitations on this CUP.

 

Chan Lynch and Rolynn Ramirez presented this matter to the Council.  Mr. Lynch stated that this proposal is basically an addition to their tower.  The last change was in 2001.  Nextel Partners is an additional customer that wants to locate on their tower.  Their building will go inside the existing fence and will provide another cellular company to our community.  

 

Director of Public Works Rod Wiederspan stated that they are co-locating on an existing tower and the conditional use permit is for the overall tower and does not need to go to the Planning Commission.  The City has encouraged multiple use of these existing towers to eliminate the need for more towers.

 

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 Nextel Partners, Inc. (Applicant), and Midtown Communications, Inc. (Owner of Property) for a Conditional Use Permit for the co-location of 12 antennas on an existing tower owned by Midtown Communications, Inc. and to place ground equipment inside a confined equipment shelter on property zoned “District R-1, Urban Residential Single-Family District (Low Density)” and described as a tract of land located in the Southwest Quarter of the Northwest Quarter of Section 35,  Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (3406 Lakeview Drive).  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

DEVELOPMENT PLANS – WEST OF COUNTRY CLUB LANE BETWEEN 39TH STREET AND 43RD STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Carlos Segura (Applicant) for Segura Arrieta Construction (Owner) for Planned District Development Plan Approval for the construction of nine buildings/35 townhouses on property zoned “District R-2/PD, Urban Residential Mixed District/Planned Development Overlay District” and described as Lot 1 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (west of Country Club Lane between 39th Street and 43rd Street) and to consider Resolution No. 2004-72. Planning Commission recommended approval.

 

This item was continued twice in the last two months at the Planning Commission.  The applicant has met with neighboring property owners and the city planning staff to resolve several issues. The applicant is requesting approval of Development Plans for 35 townhomes contained in nine buildings on the west side of Country Club Lane between 39th Street and 43rd Street. The property is zoned R-2/PD and is approximately 5.98 acres in size.

 

The developer has been meeting with the Lighthouse Point Homeowners Association (HOA) to present the project. The HOA has written a letter stating that they are comfortable with the proposed development and agree to amending the original subdivision agreement to allow three and four-plexes instead of limiting the development to duplexes. The proposed development consists of nine buildings constructed primarily of brick in an attractive architectural style. Each unit has a garage and a rear deck.  Each unit will have two bedrooms. The 200-foot radius plan shows how the proposed curb cuts relate to existing curb cuts. Twice as much parking as required is being provided at 70 and 140 stalls respectively. A complete landscape plan is included which proposes to move some of the existing trees on site to new locations and to plant new trees as well. All landscaped areas will be irrigated.  An outdoor lighting plan shows the location of outdoor fixtures. It is important to note that the Unified Land Development Ordinance requires low-intensity sharp-cutoff lighting fixtures. Storm drainage goes into the lake at Lighthouse Point, which provides detention for the entire drainage basin.

 

The plans have been revised somewhat as a result of the meetings between the developer and HOA. The median in Country Club Lane will be cut to allow full traffic movement at the second drive entrance into the complex from Country Club Lane. The drive closest to 39th Street on Country Club Lane will be right-in/right-out only because of the median in Country Club Lane. The third access drive from Country Club Lane will no longer provide access to Country Club Lane – it will be closed off to the street but provide internal access to the dwelling units. The entrance from 42nd Street will remain as originally proposed.  The access drives into the development will be curb and gutter from Country Club Lane to the first interior curb return. Interior drives and parking areas will not have curbs to facilitate sump drainage in the parking lot and open space areas.

 

At the Planning Commission meeting representatives of the Lighthouse Point Homeowner’s Association questioned the lack of curbs in the interior of the development. The project engineer explained the drainage concept which consists of draining the water to the interior landscaped areas as low spots which would be impossible with curbing. The HOA also asked the City to provide another access to 39th Street west of Country Club Lane. The Public Works Director explained that former 26th Avenue was vacated and Country Club Lane was established where it is today as the most strategic location for a future signalized intersection of the collector and arterial. The City desires the traffic at this pre-planned location and wants to limit other curb cuts onto the arterial.

 

Paul Brungardt presented this matter to the Council. He stated that he represents Fernando Segura, the developer.  This is a residential development that consists of nine structures, 35 units, located west of Country Club Lane and north of 39th Street.  This project will be developed in three phases.  The first phase will be south off 39th Street and Country Club Lane.  The first phase will include the infrastructure including water and sanitary sewer being tied into the Public Works plan along Country Club Lane and partial paving.  Phase Two will include the next three units, and Phase Three will be the final three units. 

 

One of the issues that they have dealt with Lighthouse Point Association is that their covenants state that there must be 65 percent brick facing on their buildings.  In this plan, the buildings that are exposed out to the roadway will have brick facings.  The interior units, as they face each other, will have basically wooden finish. 

 

One other issue is storm water detention, which will be collected on site, discharged into the existing storm sewer which will continue to the lake in Lighthouse Point. 

 

The other issue was the curb and gutter.  He stated that they had reached a compromise between Lighthouse Point and Mr. Segura to have a curb and gutter system up through the entrances and then transition to no curb onto his site.  There was also an issue about a possible entrance onto 39th Street.  Based on the flow pattern inside the development, Mr. Segura did not believe that it would benefit him to have additional traffic come through his site. This is a private development and his access is onto Country Club Lane, which is more than adequate for its traffic count and studies.

 

Mr. Brungardt also stated that the two trees at the corner of the development will be removed.  The current location of these trees is not in the sight distance for that intersection, but as they grow they will become a problem.  Mr. Segura will have them removed as an attempt to accommodate the residents concerns.

 

Mr. Brungardt stated that in a letter that Mr. Segura received that day from the Lighthouse Point Association basically stated that they appreciated Mr. Segura’s efforts in keeping them informed and that they unanimously approved to support his development.

 

Council Member Clouse asked for clarification of the City plan for not allowing future curb cuts along 39th Street.

 

Director of Public Works responded when the original Lighthouse Point Subdivision came in, 26th Avenue was a dedicated street with a previous subdivision.  At that time they wanted to line up Lighthouse Point at the bottom of the hill for better sight vision coming down that hill and access with Country Club Lane going south.  This sets up the whole subdivision with a traffic signal at Country Club Lane and 39th Street in the future.  That will bring the traffic out of the subdivision to a central location. 

 

Mr. Wiederspan stated they are trying to limit the number of curb cuts on 39th Street or any arterial street because of the traffic flow they are trying to promote and safety concerns. Country Club Lane will be a collector street to 56th Street and eventually south to Highway 30.  A traffic light would be based on the warrants.  There is not adequate traffic at the present time but with future development onto the north and connection to the south the warrant will be there in the future.  If traffic gets to the point that it backs up into the subdivision, they will be closer to warranting a signal.  As ground is subdivided and lots are created, the City is striving to have other access points, be it Country Club Lane, 28th Avenue, on public streets as opposed to private drives.  Unfortunately, in the older parts of town on 39th Street they were platted with access directly onto 39th Street.  This is the situation that we are trying to avoid in the future with all the arterial streets.

 

Steve Lewis, 4303 28th Avenue, Vice-president of Lighthouse Point Homeowners Association stated there were several issues that they worked out during their meeting with Mr. Segura.  The Association still believed that the curb and gutters would look much better; however, they went ahead and approved it as stated because there is landscaping in the plan that should effectively hide those areas of concern after a few years.  The Association still would prefer to see about 24 units instead of the 35 units.  However, cutting the project by one-third would have severely caused a financial hardship on the development. 

 

The HOA decided to focus on the one issue that was unanimously voted on by the Board and homeowners and that was the traffic flow issue that they believe will be created by these 35 units.  They granted Mr. Segura the access off of what would equate to 41st Street.  Lighthouse Point Homeowners Association controls the 41st Street access because of the islands there.  If that access was not granted, they would have to go up to the third division which they believed could cause a lot of u-turning.  He requested on behalf of the Association that they be granted a curb cut on 39th Street.   Their major concern is the island, and the City agrees that there should not be a curb cut in the islands that feeds into the first location.  They believe there would be a lot of u-turns or perhaps traffic heading the wrong direction and cutting into that area to get to their homes. 

 

Mr. Lewis had a verbal agreement with Mr. Segura that they would be willing to have a curb cut there if the City was willing to do so. They believe this could cause future accidents in the area.  His concern was during the first phase when this is the only opening.  Mr. Wiederspan stated that the main entrance will go in with the initial phase which was part of what came out of the Planning Commission meeting as far as working with the developer.  He stated that the traffic coming on Country Club Lane would contribute to a future signal at that intersection.  If that traffic is diverted to another driveway that would lower the numbers and the signal might not be warranted.  Mr. Lewis stated that people would have to go up to 41st Street to get to 40th Street and believed that will create a traffic issue.

 

Mayor Blankenship stated that he would like to see how this develops through the first phase.  He stated that curb cuts could be addressed at a later time if they needed to be added.  He agreed that there are a number of curb cuts along 39th Street, which really has an impact on traffic and safety along that street.  If in the future, a traffic light or a curb cut is warranted there, it could be revisited. 

 

Council Member Buschkoetter stated that the difference between 40th Street and 41st Street and potentially people u-turning, is a different type of accident than we would have on 39th Street if there were too many ingresses and egresses off of that street.  He stated that he did not see this being an unsafe plan that was worked out with the Planning Commission.  He believed that it would be easier to add a curb cut than to eventually take one out.

 

Mr. Lewis stated their major concern was people coming from the west side of the island going the wrong direction on the north and south bound lanes of Country Club Lane that could cause a head-on collision.  Mr. Lewis said that the verbal understanding they had was for 12 duplex units.  The 35 units bring more people and traffic to this area and so the traffic flow is a larger concern.

 

Council Member Clouse added that this has been the design of this area from the beginning.  That is why the other street was vacated so that entrance could be moved down to Country Club Lane.  The residents that live in that area know that was the intent from the start. 

 

Mr. Wiederspan stated that one of the other safety traffic concerns that was brought up at the 30th Avenue meeting was with the four lanes and the Hike/Bike Trail on the eastside.  As that you get down by the YRTC there are a number of driveways there that were previously put in.  There were concerns of friction points with pedestrians and driveways.  They also hope to eliminate those kinds of safety concerns in future plans.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Carlos Segura (Applicant) for Segura Arrieta Construction (Owner) for Planned District Development Plan Approval for the construction of nine buildings/35 townhouses on property zoned “District R-2/PD, Urban Residential Mixed District/Planned Development Overlay District” and described as Lot 1 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (west of Country Club Lane between 39th Street and 43rd Street) and approve Resolution No. 2004-72.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-72

 

            WHEREAS, Carlos Segura (Applicant) for Segura Arrieta Construction (Owner) has applied for Development Plan Approval for the construction of nine buildings/35 townhouses on property zoned “District R-2/PD, Urban Residential Mixed District/Planned Development Overlay District” and described as Lot 1 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (west of Country Club Lane between 39th Street and 43rd Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Carlos Segura (Applicant) for Segura Arrieta Construction (Owner) for Development Plan Approval for the construction of nine buildings/35 townhouses on property zoned “District R-2/PD, Urban Residential Mixed District/Planned Development Overlay District” and described as Lot 1 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (west of Country Club Lane between 39th Street and 43rd Street) be approved subject to compliance with the Development Plans as submitted.

PASSED AND APPROVED THE 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

AMEND LAND USE MAP – WEST OF 30TH AVENUE, SOUTH OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY

 

This Public Hearing and Public Hearings 5 and 6 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 from “Agricultural” to “Mixed Use 3” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., containing 11.7 acres, more or less, Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way) and to consider Resolution No. 2004-73. Planning Commission recommended approval.

 

The applicant is requesting approval of a phased commercial development project located just south of the 30th Avenue Railroad overpass on the north side of 16th Street extended west. This land is currently zoned C-3 and is contained in Knapps 2nd Subdivision. The parcel is 11.72 acres of which 0.69 acres has been deeded to the City for road purposes leaving a net acreage of 11.03 acres. The proposed use for this parcel is an office building and related construction yard for Brown Church Development Company. The project requires rezoning to BP, Business Park District, a corresponding change to the Land Use Map, a Conditional Use Permit, and review of Development Plans. The Conditional Use Permit was approved by Planning Commission on April 16, 2004.

 

Land Use Map Amendment and Rezoning

The Land Use Map of the City of Kearney Comprehensive Development Plan shows this parcel as “Agricultural.” The developer’s intent is to develop a headquarters site for Brown Church Development Group, which will consist of an office building and construction related facilities such as a shop building and a construction yard. The required rezoning is from C-3, General Commercial District, to District BP, Business Park, and the required land use amendment is “Mixed Use 3.”  Mixed Use 3 allows a mixture of commercial and industrial land use types. The BP zoning allows more of an office or industrial “park” setting with attractive buildings and landscaping to the forefront. The industrial components are screened from view and located behind the office uses. The request seems reasonable given the site location on 30th Avenue, the west leg of the beltway, especially with the railroad overpass in place.

 

Development Plans

This is a phased development project. The initial phase is the Church Development Group office building and associated site improvements, such as lighting, landscaping, drainage and parking. Future phases include Phase Two, which is the construction operations building and outdoor storage yard, and Phase Three, which is expansion of the corporate office building and two additional office buildings. At the Planning Commission hearing discussion was held on the type of materials the construction/storage building would be made from. Although the applicant had planned on using metal panel on all four sides, they agreed to use stained split-face block on the side facing 30th Avenue.

 

At this time, public services, including municipal water and sanitary sewer, are not available to the site. The closest water and sewer facilities are located at Highway 30 to the north and at Yanney Park to the east. Therefore, at the time the land was platted, the City executed a subdivision agreement with the developer whereby the developer agreed to operate on interim services until the City eventually extends services to the site. The developer further agrees not to protest future improvement districts or annexation when the City decides to install the services.

 

16th Street will be built during future phases so the public sidewalk and street trees associated with the street will be delayed as well. The same approach will be taken with 30th Avenue walks. The owner will be assessed for the four-foot wide concrete sidewalks when the street improvements are constructed.

 

Mitch Humphrey from Buffalo Surveying and Todd Brown from Brown Church Development Group presented this matter to the Council. Mr. Humphrey stated the change in zoning will allow something new under the UDO.  Essentially, what this item will bring is a rezoning from District C-3 to a new zoning classification known as “Business Park”.  This allows a nice office complex mixed with shop type building. 

 

Mr. Brown, CEO of Brown Church Development Group, 915 Brewster Road Holdrege, Nebraska stated that they will be moving their company of 40 some years to Kearney.  They are a construction company and architectural consulting firm.  Phase one will be the building housing their corporate office and their regional office.  The plan is to get an upscale business park look.  The second phase would be a shop to be located behind the office building.  He asked if the specification of the split face block could be changed later, when they are closer to building the shop.  He did not want to commit to that as an exterior material.  It is possible that building the shop could be years away at this point.  Mr. Brown was uncertain about the start date for the office park building, but hoped to start late this year or first part of 2005.  It will be determined by their work flow.

 

Director of Public Works stated that they could change the material to something the Council is comfortable with or can agree to bring it back to the Planning Commission at a later date.   When it was first presented at Planning Commission it was presented as a metal building, but it needs to be a combination of metal and some other approved siding.  It could be brought back another time.

 

Council Member Buschkoetter stated that at Planning Commission there was some question about the amount of truck traffic that would flow through there monthly.  Mr. Brown stated this would be a supporting office.  There would be semi-tractor trailers coming in maybe once a month.  This will not be an area of production; the work is done at the site in multiple states.  Mostly, the trucks would be employees bringing pick up trucks with trailers home.  They might bring a bobcat on a trailer for repair.  They do not have a lot of heavy equipment (no cranes).  Pulling some small job equipment trailers and job site trailers would be what there would be for the most part.  They do not bring things back very often; mostly move equipment from job site to another.

 

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 from “Agricultural” to “Mixed Use 3” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., containing 11.7 acres, more or less, Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way) and approve Resolution No. 2004-73.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-73

 

            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 East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southeast corner of the south the Southeast Quarter of said Section 4 and assuming the east line of said Southeast Quarter as bearing N00°03’26”E and all bearings contained herein are relative thereto; thence N00°03’26”E and on the aforesaid east line a distance of 984.25 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N00°03’26”E and on the aforedescribed course a distance of 883.61 feet to a point, said point being on the south line of Lot 1, Knapp’s Addition, a subdivision being part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M. Buffalo County, Nebraska (if extended east); thence WEST on the aforesaid south line of Lot 1, Knapp’s Addition a distance of 383.0 feet to the southwest corner of said lot; thence S30°03’26”W a distance of 482.0 feet; thence S59°56’34”E a distance of 44.84 feet; thence S30°03’26”W a distance of 333.0 feet; thence S59°56’34”E a distance of 309.9 feet; thence S89°56’34”E a distance of 483.04 feet to the place of beginning, containing 11.7 acres, more or less, all in Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way), from “Agricultural” to “Mixed Use 3”, 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 “Mixed Use 3” the use classification for the area described as a tract of land described as being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southeast corner of the south the Southeast Quarter of said Section 4 and assuming the east line of said Southeast Quarter as bearing N00°03’26”E and all bearings contained herein are relative thereto; thence N00°03’26”E and on the aforesaid east line a distance of 984.25 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N00°03’26”E and on the aforedescribed course a distance of 883.61 feet to a point, said point being on the south line of Lot 1, Knapp’s Addition, a subdivision being part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M. Buffalo County, Nebraska (if extended east); thence WEST on the aforesaid south line of Lot 1, Knapp’s Addition a distance of 383.0 feet to the southwest corner of said lot; thence S30°03’26”W a distance of 482.0 feet; thence S59°56’34”E a distance of 44.84 feet; thence S30°03’26”W a distance of 333.0 feet; thence S59°56’34”E a distance of 309.9 feet; thence S89°56’34”E a distance of 483.04 feet to the place of beginning, containing 11.7 acres, more or less, all in Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way).

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – WEST OF 30TH AVENUE, SOUTH OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY

 

Mayor Blankenship opened the public hearing on the Application submitted by Imogene U. Knapp, Personal Representative of the Lorin C. Knapp Estate (Applicant and Owner) to rezone from “District C-3, General Commercial District” to “District BP, Business Park District” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., containing 11.7 acres, more or less, Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way). 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 Imogene U. Knapp, Personal Representative of the Lorin C. Knapp Estate (Applicant and Owner) to rezone from “District C-3, General Commercial District” to “District BP, Business Park District” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., containing 11.7 acres, more or less, Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way). Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

DEVELOPMENT PLANS – WEST OF 30TH AVENUE, SOUTH OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY

 

Mayor Blankenship opened the public hearing on the Application submitted by Mike Leigh for Brown Church Development Group (Applicant) and Imogene U. Knapp, Personal Representative of the Lorin C. Knapp Estate (Owner) for Planned District Development Plan Approval on property to be zoned “District BP, Business Park District” and described as a tract of land being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., containing 11.7 acres, more or less, Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way) and to consider Resolution No. 2004-74. Planning Commission recommended approval recognizing that the material on the phase two building, the shop, will reflect stained split face block on the southeast side as discussed during the meeting.

 

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 Mike Leigh for Brown Church Development Group (Applicant) and Imogene U. Knapp, Personal Representative of the Lorin C. Knapp Estate (Owner) for Planned District Development Plan Approval on property to be zoned “District BP, Business Park District” and described as a tract of land being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., containing 11.7 acres, more or less, Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way) and approve Resolution No. 2004-74 subject to compliance that the material on the phase two building, the shop, shall reflect stained split face block on the southeast side.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-74

 

            WHEREAS, Mike Leigh for Brown Church Development Group (Applicant) and Imogene U. Knapp, Personal Representative of the Lorin C. Knapp Estate (Owner) has applied for Development Plan Approval for the construction of a business park on property zoned “District BP, Business Park District” and described as a tract of land described as being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southeast corner of the south the Southeast Quarter of said Section 4 and assuming the east line of said Southeast Quarter as bearing N00°03’26”E and all bearings contained herein are relative thereto; thence N00°03’26”E and on the aforesaid east line a distance of 984.25 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N00°03’26”E and on the aforedescribed course a distance of 883.61 feet to a point, said point being on the south line of Lot 1, Knapp’s Addition, a subdivision being part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M. Buffalo County, Nebraska (if extended east); thence WEST on the aforesaid south line of Lot 1, Knapp’s Addition a distance of 383.0 feet to the southwest corner of said lot; thence S30°03’26”W a distance of 482.0 feet; thence S59°56’34”E a distance of 44.84 feet; thence S30°03’26”W a distance of 333.0 feet; thence S59°56’34”E a distance of 309.9 feet; thence S89°56’34”E a distance of 483.04 feet to the place of beginning, containing 11.7 acres, more or less, all in Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Mike Leigh for Brown Church Development Group (Applicant) and Imogene U. Knapp, Personal Representative of the Lorin C. Knapp Estate (Owner) for Development Plan Approval for the construction of a business park on property zoned “District BP, Business Park District” and described as a tract of land described as being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southeast corner of the south the Southeast Quarter of said Section 4 and assuming the east line of said Southeast Quarter as bearing N00°03’26”E and all bearings contained herein are relative thereto; thence N00°03’26”E and on the aforesaid east line a distance of 984.25 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N00°03’26”E and on the aforedescribed course a distance of 883.61 feet to a point, said point being on the south line of Lot 1, Knapp’s Addition, a subdivision being part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M. Buffalo County, Nebraska (if extended east); thence WEST on the aforesaid south line of Lot 1, Knapp’s Addition a distance of 383.0 feet to the southwest corner of said lot; thence S30°03’26”W a distance of 482.0 feet; thence S59°56’34”E a distance of 44.84 feet; thence S30°03’26”W a distance of 333.0 feet; thence S59°56’34”E a distance of 309.9 feet; thence S89°56’34”E a distance of 483.04 feet to the place of beginning, containing 11.7 acres, more or less, all in Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way) be approved subject to compliance that  the material on the phase two building, the shop, shall reflect stained split face block on the southeast side.

PASSED AND APPROVED THE 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

AMEND LAND USE MAP – 1,168 FEET EAST OF THE INTERSECTION OF 30TH AVENUE AND 35TH STREET

 

This Public Hearing and Public Hearings 8, 9, and 10 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 from “Low Density Residential” to “Medium Density Residential” property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 4.13 acres, more or less, Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street) and to consider Resolution No. 2004-75. Planning Commission recommended approval.

 

The applicant is requesting approval of a 10-lot subdivision located in northwest Kearney approximately 1,168 feet east of the intersection of 30th Avenue and 35th Street. The development will consist of ten duplex lots. If approved, the project requires an amendment to the Land Use Map, rezoning, subdivision platting, and annexation.

 

Land Use Map Amendment and Rezoning

The 10 lots are proposed for R-2 zoning, or “Urban Mixed Density Residential District.”  The Land Use Map of the City of Kearney Comprehensive Development Plan shows this parcel to be “Low Density Residential.”  In order to achieve the requested zoning category of R-2 the Land Use Map will need to be amended to “Medium Density Residential.”  The surrounding area is slated for mixed-use development, although the development immediately surrounding the subject property will most likely be residential.  In terms of long range planning, in working with the Owner, staff has known the plan for this property has been duplexes for many years.  The duplex lots provide a nice transition between the single-family lots to the south and east and the multi-family and commercial zoning to the north and west.

 

Subdivision Plats

The Preliminary Plat and Final Plat consist of a 10-lot subdivision to be known as Grace Addition.  The Preliminary Plat was approved by Planning Commission on April 16, 2004.  Staff has reviewed the subdivision proposal and offers the following comments:

a)             No Subdivision Agreement is required.

b)             Public Works Plan has been submitted.

c)             Stormwater will be detained in Lighthouse Point Lake.

d)             A temporary turn-around is provided at the terminus of the street.  The street will be extended to the west in the future.

e)             A temporary silt and sedimentation basin shall be constructed at the south east corner of the project.

 

Annexation

If the Final Plat is approved, the property can be served with municipal services and should therefore be incorporated into the corporate limits of the City.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated this is a project for DT Development to potentially put some duplex units on these lots.  The amendment to the Land Use Map will accommodate the zoning for this addition to the City with platting to follow.  This will be located east of the Surgical Center located on 35th Street and 30th Avenue.  This will be half way between 30th Avenue and Country Club Lane on 35th Street.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney from “Low Density Residential” to “Medium Density Residential” property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 4.13 acres, more or less, Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street) and approve Resolution No. 2004-75. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-75

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northeast corner of the West Half of the Northwest Quarter of said Section 34 and assuming the east line of said West Half of the Northwest Quarter as bearing S00°43’25”W and all bearings contained herein are relative thereto; thence S00°43’25”W and on the east line of the West Half of the Northwest Quarter of said Section a distance of 1443.05 feet to the ACTUAL PLACE OF BEGINNING, said point being the southeast corner of Meadowlark Estates, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing S00°43’25”W and on the east line of the West Half of the Northwest Quarter of said Section a distance of 600.00 feet; thence N89°31’48”W a distance of 300.00 feet to the southeast corner of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°43’25”E parallel with and 300.00 feet west of the east line of the West Half of the Northwest Quarter of said Section and on the east line of Lot 2 and the east line of Lot 1 of said Marianne Hunt Addition, a distance of 600.00 feet to the northeast corner of Lot 1 of said Marianne Hunt Addition, said point also being on the south line of said Meadowlark Estates, thence S89°33’52”E and on the south line of said Meadowlark Estates a distance of 300.00 feet to the place of beginning, containing 4.13 acres, more or less, all in Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street), from “Low Density Residential” to “Medium 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 “Low Density Residential” to “Medium Density Residential” the use classification for the area described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northeast corner of the West Half of the Northwest Quarter of said Section 34 and assuming the east line of said West Half of the Northwest Quarter as bearing S00°43’25”W and all bearings contained herein are relative thereto; thence S00°43’25”W and on the east line of the West Half of the Northwest Quarter of said Section a distance of 1443.05 feet to the ACTUAL PLACE OF BEGINNING, said point being the southeast corner of Meadowlark Estates, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing S00°43’25”W and on the east line of the West Half of the Northwest Quarter of said Section a distance of 600.00 feet; thence N89°31’48”W a distance of 300.00 feet to the southeast corner of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°43’25”E parallel with and 300.00 feet west of the east line of the West Half of the Northwest Quarter of said Section and on the east line of Lot 2 and the east line of Lot 1 of said Marianne Hunt Addition, a distance of 600.00 feet to the northeast corner of Lot 1 of said Marianne Hunt Addition, said point also being on the south line of said Meadowlark Estates, thence S89°33’52”E and on the south line of said Meadowlark Estates a distance of 300.00 feet to the place of beginning, containing 4.13 acres, more or less, all in Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street).

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 1,168 FEET EAST OF THE INTERSECTION OF 30TH AVENUE AND 35TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Jeffrey Orr (Applicant) for DT Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 4.13 acres, more or less, Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street). 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 Jeffrey Orr (Applicant) for DT Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 4.13 acres, more or less, Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street). Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

GRACE ADDITION – INCLUSION WITHIN CORPORATE BOUNDARIES

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for DT Development Inc. (Owner) for the inclusion of “GRACE ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 4.13 acres, more or less, Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street) and to consider Resolution No. 2004-76. 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 DT Development Inc. (Owner) for the inclusion of “GRACE ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 4.13 acres, more or less, Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street) and approve Resolution No. 2004-76.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-76

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for DT Development Inc. (Owner) for the inclusion of “GRACE ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northeast corner of the West Half of the Northwest Quarter of said Section 34 and assuming the east line of said West Half of the Northwest Quarter as bearing S00°43’25”W and all bearings contained herein are relative thereto; thence S00°43’25”W and on the east line of the West Half of the Northwest Quarter of said Section a distance of 1443.05 feet to the ACTUAL PLACE OF BEGINNING, said point being the southeast corner of Meadowlark Estates, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing S00°43’25”W and on the east line of the West Half of the Northwest Quarter of said Section a distance of 600.00 feet; thence N89°31’48”W a distance of 300.00 feet to the southeast corner of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°43’25”E parallel with and 300.00 feet west of the east line of the West Half of the Northwest Quarter of said Section and on the east line of Lot 2 and the east line of Lot 1 of said Marianne Hunt Addition, a distance of 600.00 feet to the northeast corner of Lot 1 of said Marianne Hunt Addition, said point also being on the south line of said Meadowlark Estates, thence S89°33’52”E and on the south line of said Meadowlark Estates a distance of 300.00 feet to the place of beginning, containing 4.13 acres, more or less, all in Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on April 16, 2004 on the inclusion of “GRACE 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 “GRACE 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 May 11, 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 “GRACE 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 “GRACE ADDITION” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – GRACE ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for DT Development Inc. (Owner) for Final Plat approval of “GRACE ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 4.13 acres, more or less, Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street) and to consider Resolution No. 2004-77. 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 DT Development Inc. (Owner) for Final Plat approval of “GRACE ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 4.13 acres, more or less, Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th Street) and approve Resolution No. 2004-77.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-77

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “GRACE 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 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – EAST OF CENTRAL AVENUE AND NORTH OF LANDON STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Judy Ann Kreutz (Applicant and Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Lot 4, A. Collin’s Subdivision to the City of Kearney, Buffalo County, Nebraska, part of the South Half of the Northwest Quarter, and part of Government Lot 2 located in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of Central Avenue and north of Landon Street). Planning Commission recommended approval.

 

The applicant is requesting rezoning from Agriculture to District M-1, Limited Industry, for a 9.823 acre tract located east of Central Avenue and north of Landon Street. The Land Use Map of the City of Kearney Comprehensive Development Plan shows this parcel to be “Mixed Use 3,” which is compatible with the requested rezoning category of M-1. The surrounding area is characterized by mixed-use development, commercial and industrial. The requested zoning fits the character of the neighborhood.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated this is located north of Landon Street and west of the sod farm.  This is a piece of property that has been pastured for several years.  There is a project that is suited for this property, which requires the rezoning action.  In the near future, the plat approval will be brought to the Council for consideration.

 

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 Judy Ann Kreutz (Applicant and Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Lot 4, A. Collin’s Subdivision to the City of Kearney, Buffalo County, Nebraska, part of the South Half of the Northwest Quarter, and part of Government Lot 2 located in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of Central Avenue and north of Landon Street).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney, Clouse.  Nay: None.  Motion carried.

 

CONDITIONAL USE PERMIT – ALLTEL; 3313 8TH AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Alltel Communications (Applicant) and City of Kearney, Nebraska (Owner) for a Conditional Use Permit to locate a wireless communications facility on property zoned “District R-1, Urban Residential Single Family District (Low Density)” and described as Lots 111 through 194 inclusive, 34th Street and 35th Street adjacent to said Lots, all in Patterson Subdivision to the City of Kearney, Buffalo County, Nebraska (3313 8th Avenue). Planning Commission recommended approval.

 

The applicant is representing Alltel Communications and requesting approval of a Conditional Use Permit (CUP) to locate a telecommunications tower at Memorial Field, approximately 3313 8th Avenue. The property is currently zoned R-1. The Unified Land Development Ordinance (UDO) requires a CUP for telecommunications towers and ranks the desirability of sites based on land use, zoning and ownership of the property. Although this land is zoned R-1, it is used for a ball field and owned by the City of Kearney.  Public owned sites rank high in the location criteria.  The proposed 100-foot tall monopole will replace one of the existing ball field light poles.  The lights will be remounted on the monopole. A small equipment building will be located on the ground adjacent to the tower.  Alltel will pay a lease fee to the City of Kearney for the land that the facilities occupy. The tower will be constructed to allow for future co-location capabilities.  There shall be no time limitations on this CUP.

 

Ralph Wyngarden from Faulk and Foster presented this matter to the Council. The project is to replace a 60 foot light pole in the far right field of Foster Field with a 100-foot monopole.  This new pole would be 40 feet higher than the existing pole.  The new pole would support flush mounted antenna panels, which would be mounted against the surface of the pole and would not be the bigger array that is sometimes used.  The ballfield lights would be reattached at the same height that they are now.  Since there is no change in the height of the lights, there would be no negative impact on the lighting of the ball field.   These would be the only lights on the tower, because given the smaller height of the pole there are no aviation requirements in terms of obstruction lighting. 

 

There is a 12 x 16 foot equipment shelter, which is behind the City shop building at the northwest corner.  The City shop is located across 33rd Street north of Countryside Church.  The shelter is pretty much screened from public view by the shop building or by the hill to the west.  The coaxial cable between the building and the pole will run underground and up the interior of the pole, so there will be no visible cable. 

 

Mr. Wyngarden stated that his observation is that Kearney is the fastest growing town in Nebraska.  There is a lot of development going on and part of the infrastructure that comes with the growth in a City is the increased number of people using cell phones.  With the increase in demand, it is necessary to increase the infrastructure to keep providing the service on a personal, business, and a public safety level.  He was not aware of any opposition to this location.  It has the support of planning staff as being in compliance with City ordinance and the Planning Commission did give its unanimous recommendation of approval.

 

Council Member Clouse asked if there is a clause in the agreement regarding liability for the ballpark lights that are located on that pole. Mr. Wyngarden stated that there is an extensive grounding plan with an underground system around the tower and numerous ground points on the tower. The reason for the grounding system is not only the lights located on the pole, but also because of the expensive equipment at these sites. The grounding is necessary for the protection of their equipment. City Attorney Mike Kelley responded that there is a general “hold harmless and indemnity” clause that should cover it.  Mr. Kelley stated that the agreement could be tightened up by being more specific in addressing the lights issue.  This permit is conditioned upon the lease being in a satisfactory form before it will be executed.

 

Pat Nelson, 815 West 21st Street, stated that he did not want to particularly register a complaint about this particular project, but he wanted to put it on the record that he did not want one of these towers on all the others poles at the ball diamond.  He was in opposition to a similar project a few years ago, but it was a 50-foot higher pole and he believed this proposal is more palatable to the neighborhood.  He asked that the location be restricted to this one pole.  Mr. Nelson stated that he spoke with Mr. Wyngarden prior to this meeting and got answers to all his concerns.

 

Council Member Buschkoetter commented that with the higher elevation and from what Mr. Wyngarden stated about being able to add on to the one location this will probably negate the need for building additional locations. 

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Alltel Communications (Applicant) and City of Kearney, Nebraska (Owner) for a Conditional Use Permit to locate a wireless communications facility on property zoned “District R-1, Urban Residential Single Family District (Low Density)” and described as Lots 111 through 194 inclusive, 34th Street and 35th Street adjacent to said Lots, all in Patterson Subdivision to the City of Kearney, Buffalo County, Nebraska (3313 8th Avenue) subject to the execution of a lease acceptable to the City.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

AMEND SECTION 47-105 “ACCESSORY BUILDINGS”

 

Mayor Blankenship opened the public hearing on the proposed amendment to Section 47-105 “Accessory Buildings” of Chapter 47 “Supplemental Development Regulations” of the Unified Land Development Ordinance being a part of the Code of the City of Kearney as it pertains to location and size of accessory buildings. Planning Commission recommended approval.

 

City Planner Lance Lang presented this matter to the Council. The City is requesting a series of amendments to Section 47-105 of the Unified Land Development Ordinance (UDO) as it pertains to Accessory Buildings.

 

In the past, citizens have requested accessory buildings of various sizes and various locations on the lot. Chapter 47 of the UDO governs the size and placement of these structures. The revisions use a matrix format to show the allowable setbacks, sizes, separation between buildings, percentage of lot coverage, and height of the building for all residential zoning districts and for agricultural zoning. In R-1 zoning the current size limits an accessory building to 720 square feet which is not large enough for a three-car garage. Since larger garages are becoming the norm, staff is recommending an amendment that will allow accessory buildings up to 1,200 square feet in floor area as long as the accessory building does not exceed 35% of the total lot area or 30% of the required rear yard area.

 

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 Section 47-105 “Accessory Buildings” of Chapter 47 “Supplemental Development Regulations” of the Unified Land Development Ordinance being a part of the Code of the City of Kearney as it pertains to location and size of accessory buildings. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

ADOPT INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE AND INTERNATION PROPERTY MAINTENANCE CODE, 2003 EDITIONS

 

Mayor Blankenship opened the public hearing on the proposed amendments to Chapter 9 “Public Works” of the Code of the City of Kearney as follows: to delete in its entirety Section 9-301 “Building Code; Amendments” of Article 3 “Amendments” and to adopt the International Residential Code, 2003 Edition; to amend Division I “General Provisions” of Article 8 “Housing” to reflect changes by the adoption of the International Building Code, 2003 Edition; and to amend Division I “General Provisions” of Article 9 “Manufactured Homes” to reflect the changes by the adoption of the International Property Maintenance Code, 2003 Edition. Planning Commission recommended approval.

 

Chief Building Official Max Richardson presented this matter to the Council. The City is requesting adoption of a new set of codes to govern building construction within the City’s jurisdiction.  The new codes are known as the International Codes and have been adopted by the State of Nebraska.

 

The State of Nebraska gave local municipalities across the state to January 1, 2004 to adopt the International Building Code. Technically, the City of Kearney is not in compliance, but a grace period has been awarded by the State. The Chief Building Official has held two meetings in recent weeks with the construction community.  One meeting was held with members from the local chapter of the National Homebuilder’s Association and the other with a group of independent contractors.  The results of the meetings were positive. Only one issue was questioned and later resolved. Staff believes that the International Building Code has been adequately reviewed and presented to local contractors. Adoption of the International Codes require some amendments to language in the City of Kearney Code, Chapters 3, 9, 43, 47 and 58.

 

Chief Building Official Max Richardson introduced the international family of construction codes.  He gave a brief history of the how the codes came to be and a brief history to date.  The International Codes is corroboration of the three major building codes that are currently in effect in the United States.  These three International Codes will replace what is currently in effect.  The State of Nebraska has recognized and adopted these codes as the State’s minimum requirements for construction for residential and commercial buildings.  When they adopted the code they further required that municipalities or jurisdictions that enforce building laws and codes, adopt the same ordinance. 

 

Mr. Richardson stated that he has spent considerable time going through these codes with contractors.  He presented a number of amendments that are proposed.  The majority of these amendments came from the Home Builders Association at a state level.  They wanted the State of Nebraska to adopt these amendments before the state passed and approved the International Code.  The State believed that amendments needed to be done at a local level and so left it to the local municipalities to make a decision if amendments should be written.  The staff has worked with the local Home Builders Association and taken their considerations and included them in the amendments. Once the amendments were written they had a meeting with the Home Builders Association. 

 

There were approximately 100 developers and contractors that attended the March Home Builders meeting.  The amendments were presented one by one at that time and had open discussion about them.  A second meeting was held two weeks later at the City with approximately 20 contractors in attendance, who discussed the amendments.  There was very little disagreement during those two meeting with what was presented.  This is an International Code and is written in simple language for anyone that is building in the United States.   The amendments that are recommended     are to simplify the language and make it more straightforward in the approach.  These amendments will not raise the cost of the buildings, in most instances could reduce the overall cost of the building.

 

Director of Public Works stated that runoff water at construction sites would fall under a state regulation.  As part of the NPDS Phase II Requirements, the City is required to control the runoff or sediments off of construction sites.  The City has been contacted and informed that it will have to comply with the full NPDS Phase II, but are unsure what that is going to entail.  The City is trying to police itself and hope that it will not have to do the State permitting but would control it in-house.  Part of the NPDS requirement is that you have a rock area or an area that you can clean the sediment or mud off of those vehicles before they enter the street. 

 

City Manager Allen Johnson stated his understanding is that it is an EPA requirement; the City must comply or get fined.  Director of Public Works stated that when the City started into the process, the City was not required to follow the NPDS Phase II because basically it was policing itself.  Part of what the Building Official presented to the contractors was that if they do their own sites and police themselves, perhaps this would appease the EPA and they will not have to be under the full permitting process. Since that time, the EPA contacted the City and stated that the City will be under some portion of the requirement, but just have not received the letter telling how much of it will have to comply with. 

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the proposed amendments to Chapter 9 “Public Works” of the Code of the City of Kearney as follows: to delete in its entirety Section 9-301 “Building Code; Amendments” of Article 3 “Amendments” and to adopt the International Residential Code, 2003 Edition; to amend Division I “General Provisions” of Article 8 “Housing” to reflect changes by the adoption of the International Building Code, 2003 Edition; and to amend Division I “General Provisions” of Article 9 “Manufactured Homes” to reflect the changes by the adoption of the International Property Maintenance Code, 2003 Edition. Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

ST. LUKE’S GOOD SAMARITAN VILLAGE CDBG GRANT

 

Mayor Blankenship opened the public hearing on the application to the Department of Economic Development for a Community Development Block Grant in the amount of $350,000.00 for the construction of a daycare center by St. Luke's Good Samaritan Village and to consider Resolution No. 2004-78.

 

St. Luke’s Good Samaritan Village would like to construct a new child care facility to replace their current building. Currently, St. Luke’s operates a child care facility on the first floor of a three story building located at 2400 E 32nd Street. The building was constructed in the 1890s and is not able to be fully utilized for a child care facility.

 

This year, the Nebraska Department of Economic Development began a process where interested communities could submit a pre-application. DED would review the pre-applications and recommend which communities should complete a full application. St. Luke’s pre-application for a $350,000 Community Development Block Grant was selected as a candidate to complete a full application.

 

St. Luke’s Good Samaritan Village plans to build a 5800 square foot facility on property already owned by the organization. The City is asked to apply for a $350,000 CDBG award to help finance the cost of construction. The total anticipated cost of the project is $738,002. St. Luke’s Good Samaritan through donations, other grants and a loan will provide the balance of the funding.  The City of Kearney will not be committing any funds to this project.

 

The City’s involvement will be to receive CDBG funds and disperse the amounts.  If the grant is awarded, the 2004-05 budget will need to reflect the pass-through of the CDBG funding. The City would be eligible to use the Administration funding for any audit costs related to the grant passing through the City’s accounts. The City will also be providing a certified CDBG administrator which the State requires to award the funds. If the grant is awarded the City will enter into an agreement with St. Luke’s Good Samaritan Village outlining the terms of the arrangement prior to approving the grant agreement with the State of Nebraska.

 

Jen Myers, Campus Administrator of St. Luke’s Village, presented this matter to the Council. She stated this would be for a new childcare facility to be built on their campus.  They currently have a center on their campus that serves 72 children.  They currently operate out of a 100± year old building which is severely deteriorating and that they will not longer be able to inhabit at some point in time.  A new building will help them better serve the children by design features, but also increase the number of children that can be served. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the application to the Department of Economic Development for a Community Development Block Grant in the amount of $350,000.00 for the construction of a daycare center by St. Luke's Good Samaritan Village and approve Resolution No. 2004-78.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-78

 

            WHEREAS, the City of Kearney, Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as Amended for Small Cities Community Development Block Grant Program, and

            WHEREAS, the City of Kearney, Nebraska, has obtained its citizens' comments on community development and housing needs; and conducted public hearing(s) upon the proposed application and received favorable public comment respecting the application which for an amount of $350,000 for construction of a child care facility and general administration.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, The City Council of the City of Kearney, the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney and the Nebraska Department of Economic Development so as to effect acceptance of the grant application.

            PASSED AND APPROVED THIS 11TH DAY OF APRIL, 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 16 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Long Range Goals Meeting held April 22, 2004, and Minutes of Regular Meeting held April 27, 2004.

 

2.         Approve the following Claims: A Affordable Travel $35.00 Tr; A-1 Refrigeration $2,678.55 Rep; Ace Hardware $69.01 Various; Advance Auto Parts $9.98 Rep; Aflac $1,764.70 Various; Agent Fee $160.00 Tr; Alltel $3,344.24 Serv; Amazon.Com $51.52 Bks; Amer Legion Emblem $241.20 Su; Amer Electric $904.79 Various; Amer Fence $40.78 Inv; Amer Library Assoc $420.00 Tr; Amer Planning Assoc $772.00 Fees; APWA $308.00 Su; Amoco $33.99 Tr; Andersen Wrecking $45.00 Rep; Anderson Bros $194.11 Serv; Anderson, S $288.33 Tr; APL Housing Deposit $150.00 Tr; Arrow Seed $5,617.98 Various; AT&T $136.04 Serv; Ayers Distribution $125.00 Su; B&R Painting $500.00 Serv; Baker & Taylor Books $2,869.27 Bks; BBC Audiobooks $172.88 Bks; Beacon Ballfield $6,131.00 Su; Beacon Consulting Group $500.00 Serv; Beckenhauer, T $284.68 Tr; Blessing $162,663.58 Serv; Blockbuster Video $90.00 Su; BlueCross BlueShield $104,065.38 Claims; Books on Tape $400.00 Bks; Brill, K $113.74 Tr; Broadfoot Sand $1,695.40 Su; Brookhollow Special Occasion $168.29 Su; Brown Traffic $572.00 Su; Buck Enterprises $900.00 Serv; Buffalo Co Historical Soc $41.63 Bks; Buffalo Co Reg of Deeds $88.50 Serv; Buffalo Surveying $201.60 Su; Buggy Bath $84.43 Rep; Builders Warehouse $1,761.11 Various; C&H Distributors $309.30 Su; Cabela's $1,180.47 Various; Canada Life Assurance $4,124.90 Various; Cargill $344.02 Su; Cash Wa $49.45 Su; Castle Printing $569.84 Fees; CDW Gov't $1,864.14 Equip; CED Enterprises $272.02 Rep; Central Auto $83.46 Inv; Central Fire $89.50 Various; Central Hydraulic $497.50 Various; Central NE Bobcat $95.24 Inv; CPNRD $41,731.80 Serv; CHAD $8.00 Ded; Charter Communications $43.55 Serv; Charter Paging $21.92 Serv; City of Ky $202,429.68 Various; CLH $309.00 Equip; Coffee Cup Fuel Stops $16.75 Tr; College Savings Plan of NE $115.00 Ded; Colorado RT $20.27 Tr; Computer Hardware $198.24 Various; Computer Pros $116.64 Su; Computer Warehouse #4 $99.00 Equip; Conseco Life $38.00 Ded; Construction Rental $2,625.00 Serv; Copycat $221.71 Su; Cordova, T $502.30 Tr; Crocker Monogramming $75.00 Cla; Crossroads $413.18 Inv; Culligan $642.65 Various; Cummins Great Plains $420.00 Various; Custom Case $123.19 Su; DEMCO $264.26 Su; Development Council $2,422.08 Econ Dev; Don's Welding $23.91 Rep; Double M Farms $2,000.00 Composting; DPC Industries $10,675.77 Su; Dr. Intellisync $34.95 Su; Dreyer, D $320.90 Tr; Dultmeier Sales $31.18 Inv; Dutton-Lainson $7.66 Inv; Eakes $309.69 Su; Earl May $19.98 Su; Educational Record Center $7.18 Bks; Eickhoff, B $25.75 Recruitment; Eileen's $10.10 Su; Elliott Equipment $135,151.47 Equip; Embassy Suites $261.82 Tr; ESRI $37.96 Equip; Fairbanks $238.35 Various; Farm Plan $895.76 Rep; Farmers Union $39.39 Su; Fast Mart $32.50 Tr; Fastenal $745.21 Various; Fieldmaster  $118.59 Su; Florantine Midwest $120.00 Rep; Fountainsmith Burgess $13.10 Inv; Freburg, N $184.62 Ded; Fremont Nat'l $34,020.94 Ded; Frontier $878.34 Serv; FW Webb $308.88 Rep; G. Neil $192.40 Su; G.I. Clean Comm Systems $4,500.00 Serv; G.I. Rural Fire Prevention $211.25 Su; Galls $155.46 Inv; Gangwish Turf $32.76 Rep; Gaylord Bros $32.75 Serv; Gempler $850.16 Tools; Gordon's Small Engine $44.00 Su; Gothenburg Times $47.00 Serv; Graham Tire $1,464.47 Various; Grainger.Com $1,244.62 Various; Grand Central IGA $8.28 Inv; Great American Outdoor $1,358.70 Su; Great Lakes $985.70 Tr; Grimes, S $108.79 Tr; Guideposts $16.94 Bks; H&G Cleaners $264.67 Serv; H&H Distributors $1,170.20 Su; Hach $455.75 Various; Hampton Inn $293.48 Tr; Harbor Freight Tools $171.96 Tools; Harshbarger, K $106.95 Tr; Heartland Transmission $1,190.00 Rep; Highsmith $192.10 Serv; Hobby Lobby $309.63 Various; Hoehner Turf $7,369.00 Serv; Holmes Plbg $764.41 Various; Hometown Leasing $206.00 Serv; Hooker Bros Sand $215.25 Su; Hotsy Equipment $3,495.00 Equip; ICMA RC $2,875.97 Ded; ICPC ATS Registrar $150.00 Tr; IRS $76,743.35 Ded; Interstate All Battery $500.00 Equip; Int'l Code Council $98.00 Various; IIMC $495.00 Reg; ISDN $14.95 Serv; ITT Sanitare $308.24 Rep; Jack Lederman & Co $10.99 Rep; JC Whitney Catalog $207.95 Su; Johnson Hardware $576.00 Equip; Johnson Lawn & Landscape $42.30 Su; K&K $319.67 Inv; Ky Area Chamber of Commerce $48,718.81 Taxes; Ky Area Comm Foundation $2,500.00 Serv; Ky Area United Way $602.36 Ded; Ky Glass $419.52 Various; Ky Implement $888.77 Various; Ky Wharehouse $453.85 Various; Ky Winlectric $38.72 Rep; Ky WNE $23.43 Rep; Ky Yamaha $134.59 Rep; Kelly Supply $133.86 Inv; Killion Motors $33.10 Inv; King Solar Services $46.70 Rep; Klaus, M $814.17 Tr; Koen Book $38.06 Bks; Kooyman, R $200.00 Ins; Kriz Davis Co $104.58 Rep; Kyocera Wireless $69.20 Su; Labsafe $557.48 Tools; Lang, L $250.00 Tr; Lasertec $931.99 Su; Laughlin, K $360.00 Ded; Lawson Products $343.19 Various; LCL Truck Equipment $200.09 Rep; LECC $90.00 Tr; Linweld $369.16 Various; Lisa's Instant Print $13.00 Su; Little Time Contracting $170.40 Rep; Lockmobile $12.00 Su; Loebig, J $106.95 Tr; LTs Brokerage $633.10 Serv; Magic Cleaning $600.00 Serv; Mail Express $30.03 Su; Marlatt Machine Shop $432.06 Various; Marriott Denver $1,514.16 Tr; Martinosky, M $50.00 Reim; McBee, K $35.00 Rental; McCollister & Co $1,005.22 Inv; Menards $429.87 Su; Meterorlogix $1,733.67 Serv; Mid America Pay Phones $200.00 Serv; Mid America Pump $3,823.98 Rep; Mid-Land Equipment $43,635.00 Equip; Midlands Contracting $77,120.70 Serv; Midway Chevrolet $93.66 Various; Midwest Turf $121.49 Rep; Miller & Associates $5,896.25 Serv; Miller Signs $1,150.00 Serv; Misko Sports $8.75 Su; Modern Methods $25.04 Serv; Morris Press $543.01 Serv; Mosbarger, B $200.00 Reim; Mott, B $108.79 Tr; Mr. Automotive $2,569.66 Various; MSI Systems Integrators $6,760.54 Equip; Murphy Tractor $1,893.61 Inv; Naden $108.10 Rep; NAPA $2,438.24 Various; Nat'l Paper Supply $206.28 Su; NWWA $17,588.35 Various; Nat'l Rec & Park $149.00 Fees; NE Child Support $892.18 Ded; NE Dept of Econ Dev $130.00 Tr; NE Dept of Revenue $28,235.43 Taxes; NE Game & Parks $127.76 Tr; NE Truck Center $723.90 Inv; NE Crime Comm. $3.00 Tr; NE Dept of Revenue $22,702.40 Ded; NEland Distributors $1,128.00 Su; New World Inn $205.88 Tr; Newman Signs $782.68 Inv; Nicklasson, B $113.74 Tr; NLETC $180.00 Tr; Nobbies $26.70 Su; Nogg Chemical $339.48 Inv; Norms Plbg $7,916.99 Serv; Northern Tool $109.16 Various; Northwest Electric $603.05 Rep; Northwestern $5,118.81 Serv; NYSCA $100.00 Su; Office Depot $781.82 Su; Office Max $1,150.25 Su; Officenet $1,211.68 Su; O'Keefe Elevator $826.09 Serv; Olsson Associates $4,276.70 Serv; OMB Police Supply $182.93 Rep; OPS Systems $200.00 Rep; O'Reilly $543.23 Inv; Orscheln Farm $546.90 Various; Our Designs $688.95 Incentives; Overhead Door $228.62 Various; Paradigm Ins $15,965.49 Prem; Patterson, B $350.90 Tr; Payflex Systems $399.50 Various; Penton Overseas $12.00 Bks; Petersen, R $108.79 Tr; Petroleum Equipment $175.50 Inv; PGA of America $1,540.00 Tr; Platte Valley Comm $100.47 Serv; Poolmart $349.50 Su; Power Plan $1,440.22 Rep; Preferred Mail $181.17 Pstg; Presto-X $55.00 Rep; QT 588 $12.50 Tr; Quality Appraisers $400.00 Serv; Quality Books $35.34 Bks; Quality Inn Suites $395.00 Tr; Quill $326.04 Su; Radio Shack $53.96 Su; Rainbow Book Co $1,618.79 Bks; Rainbow Group $189.81 Su; Reams Sprinkler $1,651.25 Rep; Recorded Books $522.20 Bks; Regional Books $463.59 Bks; Respond First Aid Systems $168.80 Serv; Road Builders Machinery $304.35 Inv; Roper Radiator $65.00 Su; Royal Inter-Web $15.79 Su; SA Foster Lumber $117.15 Various; Safety League $69.90 Cla; Safety-Kleen $206.95 Rep; Sahling Kenworth $77.30 Inv; Schmidt, A $108.79 Tr; School District #7 $4,343.45 Remittance; See Clear Cleaning $1,950.00 Serv; Seton Name Plate $576.60 Su; Sherwin Williams $107.20 Su; Shirt Shack $65.00 Su; Simmerman Electric $186.72 Rep; Skillpath Seminars $3,180.00 Serv; Solid Waste Equipment $5,508.00 Containers; Spaghetti Shop $376.00 Su; Sports Turf Managers $375.00 Fees; Springer Roofing $75.00 Serv; Sprint $188.39 Serv; SS Arts Craft $164.50 Su; Stan Olsen Nissan $56.99 Inv; State of NE DAS Comm $26.59 Serv; State of NE HHS Lab $414.00 Serv; Steffen, L $200.00 Serv; Stock Auction $13,000.00 Equip; Story, G $235.28 Tr; Streicher's $64.75 Su; Strobel Construction $93,291.34 Serv; Sun Set Printing $356.82 Serv; Sun Turf Metro Power $13.06 Inv; Super Shine $46.01 Rep; Superior Signals $136.35 Inv; T&B Cleaning $1,100.00 Serv; Target $51.43 Su; Tech Center Services $12.35 Tr; Thome, B $126.95 Tr; Thompson, L $30.00 Rep; Tollefsen Elliott $241.40 Various; Tractor-Supply $1,110.26 Various; Tri City Outdoor Power $460.54 Su; Ultra Chem $718.00 Su; UNICO Group $892.00 Prem; Unique Books $557.44 Bks; United Air $1,941.80 Tr; United Seeds $571.00 Su; UPS $588.65 Pstg; USPS $65.98 Pstg; Van Diest Supply $5,394.26 Various; Vessco $211.07 Su; Walmart $2,348.02 Various; Walsh, C $70.00 Su; Washington State Support $102.01 Ded; Wells Fargo Bank $300.00 Varioius; West Group $299.00 Su; Wilke Donovans True Value $276.09 Various; Winfield Concrete Leveling $1,404.00 Rep; Xerox $198.38 Various; Young, J $53.48 Tr; Zubrod, D $108.79 Tr; Payroll Ending 5-1-2004 -- $240,399.80.  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 Resolution No. 2004-79 allowing the City to reimburse certain expenditures with the proceeds of tax-exempt bonds to be issued in the future in connection with the following projects: 2004 Part I Improvements, Phase II, Phase III and Phase IV; 2004 Part IV Improvements; and 2004 Part V Improvements.

 

RESOLUTION NO. 2004-79

 

            BE IT RESOLVED by the Mayor and Council of the City of Kearney, Nebraska (the "City"), as follows:

            Section 1.  The Mayor and Council of the City hereby find and determine that it is necessary and appropriate to declare their official intent to issue tax-exempt bonds on behalf of the City and in addition, the City's reasonable expectations to reimburse certain expenditures with the proceeds of such bonds as proposed to be issued by the City in connection with the proposed project as described below.

            Section 2.  This resolution shall stand as a statement of the City's official intent under Regulation Section 1.150-2 of the regulations of the United States Treasury and for such purpose the following information is hereby given:

                        1.         A general functional description of the project for which expenditures may be made and reimbursement from bond proceeds provided is as follows:

           

2004 Part I (Phase II) Street Improvements	$1,200,000.00
2004 Part I (Phase III) Street Improvements	$1,900,000.00
2004 Part I (Phase IV) Street Improvements	$800,000.00
2004 Part IV Street Improvements	$460,000.00
2004 Part V Street Improvements	$734,000.00

 

                        2.         The maximum principal amount of debt expected to be issued for such project is $5,094,000.00.

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve the request submitted by Scott Hayden for Wellness Works to temporarily close the following streets for Walk Out on Your Job with the route beginning at the UNK fountain east, north on 9th Avenue, west on 29th Street/University Drive, north on Cottonmill Trail, south on Country Club Lane/19th Avenue, east on 29th Street to Cushing Coliseum on May 19, 2004 beginning at 12:00 p.m.

 

5.         Approve the request submitted by the University of Nebraska at Kearney to conduct the Homecoming Parade on October 9, 2004. The route will commence on North Railroad Street and Central Avenue, north on Central Avenue to 27th Street, west on 27th Street to 9th Avenue.  The staging area to be blocked off is Railroad Street from Avenue E to 5th Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street.

 

6.         Approve the application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico” in connection with their Class B/M37623 Liquor License to dispense beer and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N on May 30, 2004 from 8:00 p.m. until 12:00 a.m. (midnight) in connection with a Mexican dance.

 

7.         Approve the request submitted by Terry Broadfoot to extend Conditional Use Permit No. 2000-07 for a clay extraction operation located at 70th Street and 30th Avenue for a period of two years.

 

8.         Approve the request submitted by Don Stearley on behalf of the Korean War Veteran’s Reunion to conduct a parade on August 28, 2004 beginning at 10:00 a.m. The route will begin at Central Avenue and North Railroad Street, north on Central Avenue and terminating in the parking lot located north of the Museum of Nebraska Art.

 

9.         Approve the Application for a Special Designated License submitted by CITY OF KEARNEY, NEBRASKA, dba “Meadowlark Hills Golf Course” in connection with their Class C-26663 Liquor License to dispense beer, wine and distilled spirits in Mitzi’s Pavilion located at Yanney Heritage Park, 611 Kea West Road, on June 9, 2004 from 6:00 p.m. until 10:00 p.m.

 

10.        Approve the Application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K61563 Catering Liquor License to dispense beer, wine and distilled spirits at the Great Platte River Road Memorial Archway Monument, 3060 East 1st Avenue, on June 10, 2004 from 5:00 p.m. until 12:00 a.m.

 

11.        Approve the Agreement with the Nebraska Department of Roads for the installation of the traffic signal at the intersection of U.S. Highway 30 (25th Street) and Avenue E and approve Resolution No. 2004-80.

 

RESOLUTION NO. 2004-80

 

            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 Agreement with the Nebraska Department of Roads for the traffic signal replacement at the intersection of U.S. Highway 30 (25th Street) and Avenue E, a copy of the Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

12.        Approve the Agreement with the Nebraska Department of Roads for the traffic operations study of synchronization along major thoroughfares including 2nd Avenue (Highway 10), 25th Street (Highway 30), and 39th Street and approve Resolution No. 2004-81.

 

RESOLUTION NO. 2004-81

 

            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 Agreement with the Nebraska Department of Roads for the traffic operations of synchronization along major thoroughfares including 2nd Avenue (Highway 10), 25th Street (Highway 30), and 39th Street, a copy of the Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

13.        Approve the Agreement for Professional Services – Comprehensive Plan Assistance Program; Phase II with Olsson Associates and approve Resolution No. 2004-82.

 

RESOLUTION NO. 2004-82

 

            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 Agreement for Professional Services – Comprehensive Plan Assistance Program; Phase II with Olsson Associates, a copy of the Agreement for Professional Services – Comprehensive Plan Assistance Program; Phase II, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

14.        Approve the Developer Constructed Infrastructure Agreement with Sun Development Inc. for Lots 12 through 18 of Block 2, Sun West Third Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-83.

 

RESOLUTION NO. 2004-83

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement – Sun Development, Inc.” for Lots 12 through 18 of Block 2, Sun West Third Addition to the City of Kearney, Buffalo County, Nebraska, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Ronald Grapes, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

15.        Approve the Developer Constructed Infrastructure Agreement with Segura Arrieta Construction for Lot 1 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-84.

 

RESOLUTION NO. 2004-84

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Lot 1 of Block 7, Lighthouse Point  Addition to the City of Kearney, Buffalo County, Nebraska, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Carlos Fernando Segura, President of Segura Arrieta Construction, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

16.        Approve the Development Agreement with Lynch Enterprises LLC for the Fawn Wood Lake area and approve Resolution No. 2004-85.

 

RESOLUTION NO. 2004-85

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Development Agreement” for a tract of land located in Sections 16 and 21, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Lynch Enterprises, LLC by and through its Registered Agent, Norma Jean Lynch, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7055 – AMEND SECTION 47-109 “FENCE REGULATIONS”

 

Council Member Hadley introduced Ordinance No. 7055, being Subsection 1 of Agenda Item VI to amend Section 47-109 “Fence Regulations” of Chapter 47 “Supplemental Development Regulations” of the Unified Land Development Ordinance, being a part of the Kearney City Code to clarify the requirements for fences in all zoning districts, 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, 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. 7055 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 Buschkoetter seconded by Blankenship that Ordinance No. 7055 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. 7055 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. 7056 – CONDITIONAL USE PERMIT TO NEXTEL; 3406 LAKEVIEW DRIVE

 

Council Member Hadley introduced Ordinance No. 7056, being Subsection 2 of Agenda Item VI to grant a Conditional Use Permit to Nextel Partners, Inc. (Applicant), and Midtown Communications, Inc. (Owner of Property) for the co-location of 12 antennas on an existing tower owned by Midtown Communications, Inc. and to place ground equipment inside a confined equipment shelter on property zoned “District R-1, Urban Residential Single-Family District (Low Density)” and described as a tract of land located in the Southwest Quarter of the Northwest Quarter of Section 35,  Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (3406 Lakeview Drive), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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, 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. 7056 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 Buschkoetter seconded by Blankenship that Ordinance No. 7056 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. 7056 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. 7057 – REZONING WEST OF 30TH AVENUE, SOUTH OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY

 

Council Member Hadley introduced Ordinance No. 7057, being Subsection 3 of Agenda Item VI to rezone from “District C-3, General Commercial District” to “District BP, Business Park District” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., containing 11.75 acres, more or less, Buffalo County, Nebraska (west of 30th Avenue, south of the Union Pacific Railroad right-of-way), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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, 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. 7057 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 Buschkoetter seconded by Blankenship that Ordinance No. 7057 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. 7057 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. 7058 – REZONING 1,168 FEET EAST OF THE INTERSECTION OF 30TH AVENUE AND 35TH STREET

 

Council Member Hadley introduced Ordinance No. 7058, being Subsection 4 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 4.13 acres, more or less, Buffalo County, Nebraska (1,168 feet east of the intersection of 30th Avenue and 35th 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, 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. 7058 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 Buschkoetter seconded by Blankenship that Ordinance No. 7058 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. 7058 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. 7059 – REZONING EAST OF CENTRAL AVENUE AND NORTH OF LANDON STREET

 

Council Member Hadley introduced Ordinance No. 7059, being Subsection 5 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Lot 4, A. Collin’s Subdivision to the City of Kearney, Buffalo County, Nebraska, part of the South Half of the Northwest Quarter, and part of Government Lot 2 located in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of Central Avenue and north of Landon 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, 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. 7059 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 Buschkoetter seconded by Blankenship that Ordinance No. 7059 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. 7059 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. 7060 – CONDITIONAL USE PERMIT TO ALLTEL; 3313 8TH AVENUE

 

Council Member Hadley introduced Ordinance No. 7060, being Subsection 6 of Agenda Item VI to grant a Conditional Use Permit to Alltel Communications (Applicant) and City of Kearney, Nebraska (Owner) for a wireless communications facility on property zoned “District R-1, Urban Residential Single Family District (Low Density)” and described as Lots 111 through 194 inclusive, 34th Street and 35th Street adjacent to said Lots, all in Patterson Subdivision to the City of Kearney, Buffalo County, Nebraska (3313 8th Avenue) subject to the execution of a lease acceptable to the City  and the City receiving an executed Acknowledgment of Conditional Use Permit, 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, 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. 7060 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 Buschkoetter seconded by Blankenship that Ordinance No. 7060 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. 7060 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. 7061 – AMEND SECTION 47-105 “ACCESSORY BUILDINGS”

 

Council Member Hadley introduced Ordinance No. 7061, being Subsection 6 of Agenda Item VI to amend Section 47-105 “Accessory Buildings” of Chapter 47 “Supplemental Development Regulations” of the Unified Land Development Ordinance being a part of the Code of the City of Kearney to provide clarification of location and size of accessory buildings in Districts R-1, R-2, R-3, R-4, R-M, RR-1, RR-2 and Agricultural, 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, 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. 7061 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 Buschkoetter seconded by Blankenship that Ordinance No. 7061 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. 7061 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. 7062 – AMEND CITY CODE TO REFLECT ADOPTION OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE AND INTERNATIONAL PROPERTY MAINTENANCE CODE

 

Council Member Hadley introduced Ordinance No. 7062, being Subsection 8 of Agenda Item VI to amend Section 3-702 “Design; Wind Load” of Article 7 “Design and Construction” of Chapter 3 “Business Regulations” of the Code of the City of Kearney, Nebraska to reference the International Building Code; to amend Section 3-703 “Design; Seismic Loads” of Article 7 “Design and Construction” of Chapter 3 “Business Regulations” of the Code of the City of Kearney, Nebraska to reference the International Building Code; to amend Section 3-705 “Design; Allowable Stresses” of Article 2 “Building Code Generally” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to reference the International Building Code; to amend Section 3-2853 “Construction; Codes” of Article 28 “Telecommunications” of Chapter 3 “Business Regulations” of the Code of the City of Kearney, Nebraska to reference the International Building Code; to amend Section 9-203 “Building Code; Penalty for Violation” of Article 2 “Building Code Generally” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to reference the International Property Maintenance Code and the International Building Code; to amend Section 9-204 “Advisory Note” of Article 2 “Building Code Generally” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to reference Compliance with the International Residential Code and the International Building Code, 2003 Editions; to amend Section 9-210 “Building Code Adoption” of Article 2 “Building Code Generally” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to adopt the International Residential Code and the International Building Code, 2003 Editions; to amend Section 9-211 “Building Code; Dangerous Buildings Code” of Article 2 “Building Code Generally” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to adopt the International Property Maintenance Code, 2003 Edition; to amend Section 9-212 “Building Code; Subsequent Editions” of Article 2 “Building Code Generally” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to reference the International Building Code and the International Property Maintenance Code; to amend Section 9-301 “Building Code; Amendments” of Article 3 “Amendments” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to delete in its entirety and to make amendments to the International Building Code, 2003 Edition; to amend the Code of the City of Kearney by adding a Section entitled “Section 9-302 “International Residential Code; Amendments” to Article 3 “Amendments” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to provide amendments to the International Residential Code, 2003 Edition; to amend Section 9-801 “Housing Code; Adopted” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to adopt the International Property Maintenance Code, 2003 Edition; to amend Section 9-805 “Section 101 Amended; Title; Citation of Code” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to reference compliance with the International Property Maintenance Code, 2003 Edition; to amend Section 9-806 “Section 203.1 Amended; Board of Adjustment; General” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 111.1 of the International Property Maintenance Code; to amend Section 9-807 “Section 401 Amended; Definitions” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 201 of the International Property Maintenance Code; to amend Section 9-808 “Section 505 Amended; Sanitation” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 202 of the International Property Maintenance Code; to amend Section 9-809 “Section 506 Added; Maintenance of Buildings” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to Amend Section 502 of the International Property Maintenance Code; to amend Section 9-810 “Section 601.4 Added; Drainage Around Foundation” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 302 of the International Property Maintenance Code; to amend Section 9-811 “Section 701.4 Added; Lighting in Public Halls and Stairways” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City Of Kearney, Nebraska to amend Section 302.2 of the International Property Maintenance Code; to amend Section 9-812 “Section 1001.1 Amended; General” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 108 of the International Property Maintenance Code; to amend Section 9-813 “Section 1001.3.10 Added; Structural Hazards” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 108.1.6 of the International Property Maintenance Code; to amend Section 9-814 “Section 1001.3.11 Added; Structural Hazards” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 108.1.7 of the International Property Maintenance Code; to amend Section 9-815 “Section 1001.11 Amended; Maintenance of Premises” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 108.1.8 of the International Property Maintenance Code; to amend Section 9-816 “Section 1001.15 Added; Removal or Shut Off of Facilities and Equipment” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 108.1.9 of the International Property Maintenance Code; to amend Section 9-817 “Section 1001.16 Added; Inadequate Maintenance” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 108.1.10 of the International Property Maintenance Code; to amend Section 9-818 “Section 1301.4 Amended; Continuances” of Article 8 “Housing” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to amend Section 111.2 of the International Property Maintenance Code; to amend Section 9-909 “Limitation on Number of Occupants” of Article 9 “Manufactured Homes” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to reference Table 1004.1.2 of the International Building Code; to amend Section 9-912 “Duties Of Owner, Manager and Licensee Generally” of Article 9 “Manufactured Homes” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska to Reference the International Building Code and the International Property Maintenance Code; to amend Section 43-106 “Floodplain Overlay District: Regulations” Of Chapter 43 “District FP/FW, Floodplain/Floodway Overlay District” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney, Nebraska to reference the International Building Code; to amend Section 58-106 “Nonconforming Residential Uses” of Chapter 58 “Nonconforming Development” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney, Nebraska to reference the International Residential Code, 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, 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. 7062 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 Buschkoetter seconded by Blankenship that Ordinance No. 7062 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. 7062 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

AWARD BID FOR CEMETERY PAVING IMPROVEMENTS

 

Mayor Blankenship opened for discussion the bids received on the 2004 Cemetery Paving Improvements and to consider Resolution No. 2004-86 awarding the bid to Concrete Workers, Inc. in the amount of $111,643.18.

 

The Cemetery Road Replacement project will be done in phases over five years.  The second year’s work has been designed and put out for bids.  Bids for this phase of the project were opened on May 4, 2004. Last year, Concrete Workers was awarded the bid to do the first phase. The Bid Tabulation shows that once again Concrete Workers Inc. had the lowest bid for the project in the amount of $111,643.18.  Their bid was also 21% below the Engineer’s estimate for the project. Funds for the project are available in the Public Works Department’s road replacement fund in the amount of $130,000.00.  Some changes may be made to the contract by change order.  The project will be managed with care to ensure that the revenue generating activities of the Cemetery are not impaired by the project.

 

Kent Cordes from Miller & Associates was present to answer any questions.

 

Moved by Blankenship seconded by Kearney to approve the bids received on the 2004 Cemetery Paving Improvements and approve Resolution No. 2004-86 awarding the bid to Concrete Workers, Inc. in the amount of $111,643.18.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-86

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on May 4, 2004, at 2:00 p.m. for the 2004 Cemetery Paving Improvements; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $141,887.00; and

WHEREAS, the said engineers have recommended the bid offered by Concrete Workers, Inc. of Kearney, Nebraska be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Concrete Workers, Inc. of Kearney, Nebraska be and is the lowest responsible bidder for the 2004 Cemetery Paving Improvements to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Concrete Workers, Inc. of Kearney, Nebraska in the sum of $111,643.18 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2004 Cemetery Paving Improvements in the amount of $141,887.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 11TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

PLANS AND SPECIFICATIONS FOR FIRE TRAINING COMPLEX STORAGE

 

Mayor Blankenship opened for discussion the Plans and Specifications for the Fire Training Complex Storage and Classroom Facility and set the bid opening date for June 16, 2004 at 2:00 p.m.

 

Facilities for the Fire Department training have improved greatly over the past ten years and constructing an additional building at the Training Complex would enhance storage capabilities as well as training operations. The proposed building is a 6,000 square-foot metal building composed of an open high bay apparatus storage and training area and 2,400 square feet of upper mezzanine area. Bid alternatives have been included in the proposal.

 

Storage at the Training Complex is currently scarce.  In constructing a building of this nature storage space would be allowed for equipment and trucks needed during the conduct of training. Additional storage will be provided for ladders and hoses, which are used for training and are now stored at Station 1. In addition, this will allow essential equipment to remain on the trucks at all times. Space will also be provided for antique trucks now being stored at a water tower.

 

The Fire Department currently performs hands-on training year around, weather permitting. If weather is inclement, training will be substituted at the last minute to accommodate firefighters accordingly. By constructing a large building, training topics such as ladders and hose rolls could be performed inside and needed equipment would be in place and would not have to be transported each time. This readiness permits training to function smoother and eliminates the opportunity to misplace and/or not have instrumental supplies when needed. The mezzanine area could be used for confined space training and will possibly provide a location for a future classroom.

 

Contractors bidding the project will propose their estimated date for final completion, but it is estimated that final completion will occur around October or November of 2004.

 

This project will be a shared endeavor on a 50/50 basis. Funds for the project have been accounted for in the 2003-2004 City of Kearney budget and the 2003-2004 Suburban Fire Protection District #1 of Buffalo and Kearney Counties’ budget.  The Engineer’s opinion of probable construction cost ranges between $300,000 and $325,000.

 

Terry Eirich, Assistant Fire Captain, presented this matter to the Council. He stated that the previous bids received on their original proposal for the training center was quite a bit over their estimated cost so all bids were rejected.  This new proposal has some design and structure changes, which hopefully will eliminate some costs.  This project is now ready to go back out for bid. The biggest change to the plan is leaving out the mezzanine area.  This should save approximately $50,000 if they just put the footings and basic structure in now and add the mezzanine perhaps as a budget item at a later date.  Steel prices have made the cost prohibited to do this at this time.  By getting the main structure, they would have room for their equipment and storage, and indoor training during inclement weather. 

 

Moved by Kearney seconded by Clouse to approve the Plans and Specifications for the Fire Training Complex Storage and Classroom Facility and set the bid opening date for June 16, 2004 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

PLANS AND SPECIFICATIONS FOR 2004 PART V IMPROVEMENTS

 

Mayor Blankenship opened for discussion the Plans and Specifications for the 2004 Part V Improvements consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street, Water District No. 532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and set the bid opening date for June 2, 2004 at 2:00 p.m.

 

The developer is seeking paving, water and sewer infrastructure installation in the area generally east of 2nd Avenue from 60th Street to 65th Street, and these districts have been created. The City is ready to advertise and receive bids for the construction of the aforementioned project.  Ross Engineering, Inc. has requested approval of the plans and specifications and to set the bid opening date for June 2, 2004 at 2:00 p.m. The Engineer’s Opinion of Probable Construction Cost ranges between $750,000 and $850,000.  The work involved is scheduled to be completed before November 15, 2004.

 

Ron Ross from Ross Engineering presented this matter to the Council. He was presenting the construction drawings and contract documents for the 2004 Part V Improvements, known as Ingalls Crossing Third Addition.  The overall project estimate is $650,000 to $800,000.  He recommended approval of the construction drawings and construction documents. There are other improvements to be done by infrastructure agreements.  Everything that is outside of the final plat and coming south from the Applebee’s area, water, sanitary, and eventually paving coming up 1st Avenue will be done by infrastructure agreement and Corrigan Trust will pay for it.  Corrigan Trust and Menard’s are also paying for all the site grading and some private storm sewer.  Anticipated completion date is between October 15th and early part of November 2004. 

 

Moved by Clouse seconded by Hadley to approve the Plans and Specifications for the 2004 Part V Improvements consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street, Water District No. 532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and set the bid opening date for June 2, 2004 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

OPEN ACCOUNT CLAIMS –      NPPD -- $387.60

                                                WARD LABORATORIES - $156.00

 

Moved by Hadley seconded by Buschkoetter that Open Account Claims in the amount of $387.60 payable to NPPD and to Ward Laboratories in the amount of $156.00 be allowed.  Roll call resulted as follows:  Aye: Buschkoetter, Hadley, Kearney.  Nay: None.  Blankenship and Clouse abstained.  Motion carried.

 

VII.    REPORTS

 

City Manager apologized for the audio not working on the cable channel. He stated that we have a new device John Prescott is working on to be able to replay the meetings.  He was disappointed that the citizens were not able to hear the results of the Citizen Satisfaction Survey report presented at this meeting.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Kearney that Council adjourn at 9:36 p.m.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

 

ATTEST:                                                                       BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK