Kearney, Nebraska
April 12, 2005
7:00 p.m.
A meeting of the City Council of Kearney, Nebraska, was
convened in open and public session at 7:00 p.m. on April 12, 2005, in the
Council Chambers at City Hall. Present were: Galen D. Hadley, President
of the Council; Michaelle Trembly, City Clerk; Council Members Randy
Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.
Michael W. Morgan, City Manager; Michael Kelley, City Attorney; 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: Betty Warren, Jack Parker, Carlos
Segura, Dan Lindstrom, Jacque Haupt, Reed Miller, Kent Cordes, Larry medley,
Gregg Johnson, Mitch Humphrey, Steve Mercer, Paul Brungardt, Gerard Straka,
Nicole Straka, Lance Lang, Dan Lynch, Kevin Hibbs, Robert McCoy, several
homeowners of the Pines Condominium #1 Association, Mike Cahill from KKPR
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
The Council held a moment of silent prayer
PLEDGE OF ALLEGIANCE
Boy Scouts Phil Paustian and Peter Adamson led the Council
members and audience in the Pledge of Allegiance.
NATIONAL LIBRARY WEEK
Mayor Hadley proclaimed April 10-16, 2005 as “National
Library Week’.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
Mayor Hadley stated that Regular Agenda Item No. 1 pertains
to property being considered when the Council meets as the Board of
Equalization. Two property owners have submitted applications for deferral of
special assessments. The Council will need to act on these applications prior
to the Board of Equalization.
DEFERREAL OF ASSESSMENTS ON PAVING IMPROVEMENT DISTRICT NO.
2003-873
Mayor Hadley opened for discussion the applications for
deferral of special assessments submitted by NP Land Development, Inc., and
Attorney Jack Parker on behalf of LeRoy Corrigan Trust, Roberta Corrigan,
Trustee; Roberta Corrigan Farm, a Nebraska Limited Partnership in connection
with Paving Improvement District No. 2003-873 for 56th Street from Avenue N
west to a point 630± feet west of Parklane Drive.
Section 19-2429
of the Nebraska Revised Statutes provides any owner of record title to make
application to the city council for deferral of special assessments within
ninety days after creation of an improvement district. Such land shall be
adjacent to the city, which is within an agricultural use zone and is used
exclusively for agricultural use.
Tim Norwood on behalf of NP Land Development and Attorney Jack
Parker on behalf of LeRoy Corrigan Trust, Roberta Corrigan, Trustee; Roberta
Corrigan Farm, a Nebraska Limited Partnership hereby
apply for an agricultural deferral from special assessments pursuant to Neb.
Rev. Stat. Sections 19-2428 to 19-2431.
Funds necessary to pay for the construction of these
improvements have been included in the budget. The deferral of the
special assessments shall continue unless terminated upon any of the following
events: (1) notification by the owner of record title to the city council to
remove such deferral; (2) sale or transfer to a new owner who does not make a
new application within sixty days of the sale or transfer; (3) transfer by
reason of death of a former owner to a new owner who does not make application
within 125 days of the transfer; (4) the land is no longer being used as
agricultural land; or (5) change of zoning to other than an agricultural zone.
Attorney Jack Parker presented this matter to the Council.
He represents both clients, who are asking for an agricultural deferment.
The first client is Roberta Corrigan, trustee for LeRoy Corrigan and Corrigan
Farms in which she is a general partner. This land has been developed by
two different plats, but remains primarily agricultural. The land that is
being considered for special assessment is still zoned agricultural and is used
exclusively for agriculture. It will be used for that purpose for some time in
the future because there is a drainage ditch running across the land, which
turns to the east. The second client is Tim Norwood, president of NP Land
Development, owners of the quarter section immediately east of the first
quarter previously mentioned. There is a part of this land that is being
used for agriculture, which will remain the same until they are ready to
develop that section.
Moved by Kearney seconded by Clouse to approve the
applications for deferral of special assessments submitted by NP Land
Development, Inc., and Attorney Jack Parker on behalf of LeRoy Corrigan Trust,
Roberta Corrigan, Trustee; Roberta Corrigan Farm, a Nebraska Limited
Partnership in connection with Paving Improvement District No. 2003-873 for
56th Street from Avenue N west to a point 630± feet west of Parklane Drive.
Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
BOARD OF EQUALIZATION – PAVING IMPROVEMENT DISTRICT NOS.
98-788 AND 2003-873
Mayor Hadley conducted the public hearing for the Council to
meet as the Board of Equalization to assess costs for Paving Improvement
District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet
west of Parklane Drive, and for Lot 3, Block 1, Camelot First Addition, an
Addition to the City of Kearney in connection with Paving Improvement District
No. 98-788 for Avenue N from 56th Street north 1,700± feet and to consider
approval of Resolution No. 2005-41.
The City, on March 10, 1998, created a paving district known
as Paving Improvement District No. 98-788 for Avenue N from 56th Street north
1,700 feet. On March 25, 2003 the City Council created Paving Improvement
District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet
west of Parklane Drive. Both of these projects were included on City’s One and
Six Year Street Improvement Plan. The paving portion considered for assessment
is represented by all labor, materials, and equipment required to pave a
36-foot wide, 6-inch thick concrete street. Paving width/thickness, oversizing
and intersections are not subject to assessment. On an arterial, the City does
not assess back to a single family or duplex; that is general obligation.
The City does try to limit the number of driveways on the arterial and build it
that way.
After the creation of Paving Improvement District No.
98-788, at that time a portion of the property was zoned agricultural and the
property owner applied for an agricultural deferment in accordance with
Nebraska State law. The Nebraska Statutes provide that the agricultural
deferment terminates upon any of the following events:
1) Notification by the owner of record
title to the city council to remove such deferral;
2) Sale or transfer to a new owner who
does not make a new application within sixty days of the sale or transfer;
3) Transfer by reason of death of a
former owner to a new owner who does not make application within 125 days of
the transfer;
4) The land is no longer being used as
agricultural land; or
5) Change of zoning to other than an
agricultural zone.
With regard to the corner of 56th Street and Avenue N, this
land was sold and is no longer being used as agricultural; therefore, the
Council will consider assessing that portion of Avenue N.
Resolution No. 98-120, passed by the Council on May 26,
1998, established a policy for assessment standards for paving districts.
Single family and duplex development along arterial streets are not assessed
for paving improvements. The intent of the policy was to give developers
an incentive to develop low density residential along the arterial street
system in order to reduce the access points improving safety and traffic flow
along our arterial street system. It was not clear if the City could assess
previously deferred property if they rezoned the property to a high density residential,
commercial, or industrial zone in the future. Therefore, in order to
clarify this for both the property owner and City staff the City Council
adopted Resolution No. 2004-99 that would require the property owner to apply
for a “Residential – Low Density” deferral of the special assessments which is
similar to an “Agricultural” deferral.
After the creation of Paving Improvement District No.
2003-873, one of the property owners applied for an agricultural deferment on
June 10, 2003 and the Council approved such deferment. The land is still zoned
agricultural. There are also some parcels of land located along 56th Street
which will not be assessed for the reason it was developed as single family or
duplex development.
The City Council is asked to sit as a Board of Equalization
to levy the assessments. Property owners will then be required to pay the
first installment within 50 days (June 1, 2005) or will be able to pay the
entire assessment without any interest prior to this date. If the property
owners elect not to pay the entire assessment prior to June 1, 2005, they will
be billed annually over ten years. The City of Kearney has already issued
warrants to pay for the construction work.
Attorney Dan Lindstrom, representing homeowners of the Pines
Condominium #1, which is located in Lot 1 of Skiview Second Addition and is the
property immediately adjacent to Parklane Drive and to the south side of 56th
Street, stated the homeowner’s association consists of owners of four
duplexes and one building that has four units in it. Each of these units
is all owned by the individual homeowners and the original developer has no
interest in these buildings. They are requesting relief from the
assessment because the City’s policy seems to be ambiguous as to the types of
buildings that they own. City Manager has visited with representatives of
the association and Mr. Lindstrom about this. Mr. Lindstrom said that he
believes that they have reached a workable solution in terms of a compromise in
that the association would be willing to have the four-plex assessed with the
idea that the remaining duplexes in that association would not be assessed for
these improvements.
Pastor Marvin Valnoy of Kearney Baptist Church stated they
are being assessed $23,000 and being a small church asked if they could get any
reduction or relief with that amount. Larry Medley, a member of the
Kearney Baptist Church, stated that they only paid $60,000 for the church a
long time ago and believed they should be exempt from this assessment.
Council Member Buschkoetter stated his understanding that it is standard
practice that churches are subject to street assessments. City Attorney
affirmed.
Director of Finance and Administration stated that the
assessment could be extended over 20 years with six percent interest.
Mayor Hadley stated this rate is the same that is charged for any
extension. Council member Lear asked if the City has ever done this for a
church or others in the past. Director of Public Works responded that
some years ago the City did extend an assessment for an elderly lady that was
on a fixed income. It could be applied to anyone who had some
hardship. Council member Buschkoetter asked Pastor Valnoy to choose
which he would prefer 10, 15, or 20 years considering the interest.
Pastor Valnoy preferred 20 years.
Moved by Clouse seconded by Lear to close the hearing for
the Council to meet as the Board of Equalization to assess costs for Paving
Improvement District No. 2003-873 for 56th Street from Avenue N west to a point
630± feet west of Parklane Drive, and for Lot 3, Block 1, Camelot First
Addition, an Addition to the City of Kearney in connection with Paving
Improvement District No. 98-788 for Avenue N from 56th Street north 1,700± feet
and approve Resolution No. 2005-41 with the provision that the
assessments for the Kearney Baptist Church be extended over a 20-year period.
Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear.
Nay: None. Motion carried.
RESOLUTION NO.
2005-41
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:
Section 1. The President and Council find and determine that the streets
in Paving Improvement District Nos. 98-788 and 2003-873 have been improved by
paving, curbing and guttering and incidental work, that none of the properties
listed, which list is marked Exhibit “A” and made a part hereof by reference,
were damaged thereby and that the amounts shown in the attached schedule does
not exceed the amounts which said lot and parcel of ground was specially
benefited by said improvements and the total amount of said special assessments
does not exceed the costs of said improvements exclusive of the cost of the
intersections and areas formed by the crossing of streets, avenues and alleys
as heretofore determined by the Mayor and City Council.
Section 2. Notice of the time and purpose of hearing on special
assessments for equalizing said special assessments has been published as
provided by law in the Kearney Hub, and a copy of said notice mailed by
certified mail to each party known to have a direct legal interest therein.
Section 3. That there be and there is hereby levied against the lot and
parcel of ground set out in Exhibit “A” the amount set opposite each lot and
parcel of ground. Said assessments for Paving Improvement District Nos.
98-788 and 2003-873 shall become delinquent as follows:
1/10th fifty days after date of this Resolution
1/10th one year after date of this Resolution
1/10th two years after date of this Resolution
1/10th three years after date of this Resolution
1/10th four years after date of this Resolution
1/10th five years after date of this Resolution
1/10th six years after date of this Resolution
1/10th seven years after date of this Resolution
1/10th eight years after date of this Resolution
1/10th nine years after date of this Resolution
Each installment, except the first, shall draw interest at
the rate of six per centum per annum from date of this Resolution until the
same become delinquent and after they become delinquent at the rate of fourteen
per centum per annum until paid.
Section 4. That there be and there is hereby levied against Lot 28 of
Block 7, Countryside Estates Addition to the City of Kearney, Buffalo County,
Nebraska the amount of $23,597.44. Said assessments for said lot in
Paving Improvement District No. 2003-873 shall become delinquent as follows:
1/20th fifty days after date of this Resolution
1/20th one year after date of this Resolution
1/20th two years after date of this Resolution
1/20th three years after date of this Resolution
1/20th four years after date of this Resolution
1/20th five years after date of this Resolution
1/20th six years after date of this Resolution
1/20th seven years after date of this Resolution
1/20th eight years after date of this Resolution
1/20th nine years after date of this Resolution
1/20th ten years after date of this Resolution
1/20th eleven years after date of this Resolution
1/20th twelve years after date of this Resolution
1/20th thirteen years after date of this Resolution
1/20th fourteen years after date of this Resolution
1/20th fifteen years after date of this Resolution
1/20th sixteen years after date of this Resolution
1/20th seventeen years after date of this Resolution
1/20th eighteen years after date of this Resolution
1/20th nineteen years after date of this Resolution
Each installment, except the first, shall draw interest at
the rate of six per centum per annum from date of this Resolution until the
same become delinquent and after they become delinquent at the rate of fourteen
per centum per annum until paid.
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
DEVELOPMENT PLAN APPROVAL – 615 WEST 39TH STREET
Mayor Hadley opened the public hearing on the Application submitted by Gregg Johnson for Johnson Imperial
Home Co. (Applicant and Owner) for Planned District Development Plan Approval
for the construction of a medical/office facility on property zoned to
“District C-0/PD, Office District/Planned Development Overlay District” and
described as Lot 7, Windsor Estates Tenth Addition to the City of Kearney,
Buffalo County, Nebraska (615 West 39th Street) and to consider approval of
Resolution No. 2005-42. Planning Commission recommended approval.
The applicant is requesting approval of Development Plans
for a medical office building located at the northeast corner of the
intersection of 7th Avenue and 39th Street. This property is located in a
“planned” zoning district C-0/PD, thereby requiring review and approval of
Development Plans.
This project consists of an attractive office building, some
10,200 square feet in floor area with a 1,500 square foot basement for storage.
There are 47 parking spaces required and 47 provided. A Landscape Plan is
provided that meets and exceeds all code requirements. The owners want
this building to have nice street appeal and have proposed additional
landscaping. All trees specified on the plan meet the minimum size
requirements. All landscaped areas will be irrigated. The building
itself is very attractive constructed primarily from brick and EFIS with a
sloped shingled roof. This project should look nice along 39th Street and
fits well within the context and character of its surroundings. Drainage
shall flow north in 7th Avenue to an existing storm drain system that
ultimately goes into the cell behind K‑Mart for detention.
Gregg Johnson from Johnson Imperial Homes stated this
project is a new medical facility for Drs. Connely, Pflug and Owen. They
have submitted the revised site drawings to Building and Zoning. The
building is a brick structure (approximately 10,200 sq. ft.) to be located on
the corner of 7th Avenue and 39th Street. The water drainage will drain
to the west and flow into 7th Avenue and end up in the retention cell, which is
behind K-Mart. The site plan was slightly revised at the doctors request
for a more extensive landscaping plan, which should be agreeable.
There was no one present in opposition to this hearing.
Moved by Lear seconded by Buschkoetter to close the hearing
and approve the Application submitted by Gregg
Johnson for Johnson Imperial Home Co. (Applicant and Owner) for Planned District
Development Plan Approval for the construction of a medical/office facility on
property zoned to “District C-0/PD, Office District/Planned Development Overlay
District” and described as Lot 7, Windsor Estates Tenth Addition to the City of
Kearney, Buffalo County, Nebraska (615 West 39th Street) and approve Resolution
No. 2005-42. Roll call resulted as follows: Aye: Hadley, Kearney,
Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2005-42
WHEREAS, Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) has
applied for Planned District Development Plan Approval for the construction of
a medical/office facility on property zoned “District C-0/PD, Office
District/Planned Development Overlay District” and described as Lot 7, Windsor
Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (615
West 39th Street).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the application of Gregg Johnson for Johnson Imperial
Home Co. (Applicant and Owner) for District Planned Development Plan Approval
for the construction of a medical/office facility on property zoned “District
C-0/PD, Office District/Planned Development Overlay District” and described as
Lot 7, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County,
Nebraska (615 West 39th Street) be approved.
PASSED AND APPROVED THE 12TH DAY OF
APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
DEVELOPMENT PLAN APPROVAL – 115 EAST 52ND STREET
Mayor Hadley opened the public hearing on the Application submitted by Gerard and Nicole Straka
(Applicant) and Diane Belschner (Owner) for Planned District Development Plan
Approval for the construction of an office on property zoned to “District
C-2/PD, Community Commercial District/Planned Development Overlay District” and
described as the east 125 feet of Lot 1 of Block 2, Skiview Addition to the
City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) and to
consider approval of Resolution No. 2005-43. Planning Commission recommended
approval subject to the landscaping issues being addressed before going to
Council.
The applicant is requesting approval of Development Plans for
an office building located at 115 East 52nd Street. This property is located in
a “planned” zoning district C-2/PD, thereby requiring review and approval of
Development Plans.
The office building contains 5,424 square feet. No
basement is proposed. There are 17 parking spaces required and 18
provided. A future phase includes a two car garage that will be used for
storage. The applicant would like to have the future phase approved at
this time to avoid coming back before Planning Commission and City Council in
the future. Total impervious coverage is 58 percent. A Landscape Plan is
provided and all landscaped areas will be irrigated.
The buildings will be constructed of brick with asphalt
shingles and will fit well in the neighborhood. The garage shall be
constructed of the same materials and architectural style as the main
structure.
Stormwater detention is required. It appears that the
required storage can be attained by sumping a corner of the parking lot. The City
Engineer has requested stormwater computations. The stormwater comps must be
approved by the City Engineer before a building permit will be issued.
Gerard Straka stated that he worked with the City Planner and
added the extra trees requested and worked out the drainage problem.
Council member Buschkoetter stated that he understood that the concrete work
would be done in advance and the building would be constructed later. Mr.
Straka responded there will be a detached building (basically a garage) which
he took a permit out to do the concrete work for both at the same time. The
detached building will be done within six months to a year. Director of
Public Works stated that a lot of contractors bring in their projects in
phases, but typically they do not put the concrete in until they are ready to
construct the building. To put the concrete in now, will allow them to
get the landscaping and the sprinkler system in and have everything set
up. At this time it will be used as additional parking stalls until the
garage is constructed.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Hadley to close the
hearing and approve the Application submitted by
Gerard and Nicole Straka (Applicant) and Diane Belschner (Owner) for Planned
District Development Plan Approval for the construction of an office on
property zoned to “District C-2/PD, Community Commercial District/Planned
Development Overlay District” and described as the east 125 feet of Lot 1 of
Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115
East 52nd Street) and approve Resolution No. 2005-43. Roll call resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion
carried.
RESOLUTION
NO. 2005-43
WHEREAS, Gerard and Nicole Straka (Applicant) and Diane Belschner (Owner) have
applied for Planned District Development Plan Approval for the construction of
an office facility on property zoned “District C-2/PD, Community Commercial
District/Planned Development Overlay District” and described as the east 125
feet of Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo
County, Nebraska (115 East 52nd Street).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the application of Gerard and Nicole Straka (Applicant)
and Diane Belschner (Owner) for District Planned Development Plan Approval for
the construction of an office facility on property zoned “District C-2/PD,
Community Commercial District/Planned Development Overlay District” and
described as the east 125 feet of Lot 1 of Block 2, Skiview Addition to the
City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) be approved.
PASSED AND APPROVED THE 12TH DAY OF
APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
REZONING – SOUTH OF THE INTERSECTION OF 22ND AVENUE AND 42ND
STREET
Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for
Daniel Roeder (Owner) to rezone from “District R-1, Urban Residential
Single-Family District (Low Density)” to “District R-2, Urban Residential
Mixed-Density District” property described as a tract of land being part
of the West Half of the Southeast Quarter of Section 27, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska, formerly known as Lots
1, 2, 3 of Block 3, Sunny Meadows Estates to the City of Kearney, Buffalo County,
Nebraska (south of the intersection of 22nd Avenue and 42nd Street). Planning Commission recommended approval.
The applicant is requesting approval to develop an infill
site in Sunny Meadows Estates. Currently, an “eyebrow” on the east side
of 22nd Avenue provides access to three platted lots that are zoned R-1.
The applicant would like to vacate these lots, change the zoning and replat the
project on one larger lot. Therefore, the project requires rezoning,
vacation, street vacation and subdivision platting.
Lots 1, 2 and 3 of Block 3, Sunny Meadows Estates must be
vacated to accommodate replatting this land into a larger single lot consisting
of the three original lots combined, and to be known as “Sunny Meadows Estates
3rd Addition”.
The platted eyebrow on the east side of 22nd Avenue, north
of 39th Street and south of 42nd Street, as it abuts this parcel must be
vacated. The street will become a traditional 36-foot wide concrete curb
and gutter street within a 60-foot right-of-way that provides access to this
development. The setbacks that were oriented to the eyebrow have been
vacated and the new setbacks from the street right-of-way are shown on the
subdivision plat.
The applicant is requesting rezoning of the parcel that was
previously three lots and is now one lot, containing 49,928 square feet, from
R-1 to R-2 to allow the construction of two buildings – a duplex and a three
unit townhouse. There is adequate site area to support the proposed
density of development. The property abuts R-2 and R-1 zoning with a
church on one side. Staff believes that the proposed project will fit
within the neighborhood context and character.
The Preliminary Plat and Final Plat consist of a one-lot
subdivision to be known as Sunny Meadows Estates 3rd Addition. The
Planning Commission approved the Preliminary Plat on March 18, 2005.
Staff has reviewed the subdivision proposal and concludes that there are no
apparent concerns. Setbacks are shown; required separation between the
buildings can be achieved. Due to the steep grade on the back side of the
lot some retaining walls will be necessary.
Mitch Humphrey from Buffalo Surveying was presented to
answer any questions from the Council.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Kearney to close the hearing and
approve the Application submitted by Mitch Humphrey
(Applicant) for Daniel Roeder (Owner) to rezone from “District R-1, Urban
Residential Single-Family District (Low Density)” to “District R-2, Urban
Residential Mixed-Density District” property described as a tract of
land being part of the West Half of the Southeast Quarter of Section 27,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska,
formerly known as Lots 1, 2, 3 of Block 3, Sunny Meadows Estates to the City of
Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and
42nd Street). Roll call resulted as follows: Aye: Hadley, Lear, Clouse,
Kearney, Buschkoetter. Nay: None. Motion carried.
LAND USE MAP AMENDMENT – ONE HALF MILE EAST OF THE
INTERSECTION OF ANTELOPE AVENUE AND 11TH STREET
Mayor Hadley stated that Public Hearings 5 and 6 can be
discussed together but voted on separately.
Mayor Hadley opened the public hearing on the proposed
amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from “Agriculture” to “Rural Estates” property described as a tract of
land being part of the East Half of the Northwest Quarter of Section 8,
Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or
less, Buffalo County, Nebraska (one half mile east of the intersection of
Antelope Avenue and 11th Street) and to consider approval of Resolution No. 2005-44.
Planning Commission recommended approval.
The applicant is requesting approval to develop a single lot
residential site on the south side of 11th Street approximately ½ mile east of
Antelope Avenue. The proposed lot is 8.3 acres in size and sits just west
of the Mercer Feedlot operation. This project requires an amendment to
the Land Use Map of the Comprehensive Development Plan, rezoning, and
subdivision platting.
The applicant is requesting rezoning of 8.3 acres from
Agricultural to RR-1, Rural Residential District (Rural Standards) to construct
a rural residence. The Land Use Map shows this area to be
“Agricultural”. The rezoning request causes the Land Use Map to be
amended to “Rural Estates”. The house site will be served by individual well
and septic systems.
The Preliminary Plat and Final Plat consist of a one-lot
subdivision to be known as Archview Estates. Planning Commission approved
the Preliminary Plat on March 18, 2005. Staff has reviewed the
subdivision proposal and concludes that there are no apparent concerns.
Right-of-way is dedicated on the Final Plat for a total of 50 feet from the
centerline which is the City of Kearney standard for arterial roadways.
Mitch Humphrey from Buffalo Surveying was presented to
answer any questions from the Council.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive
Development Plan from “Agriculture” to “Rural Estates” property described as a
tract of land being part of the East Half of the Northwest Quarter of Section
8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more
or less, Buffalo County, Nebraska (one half mile east of the intersection of
Antelope Avenue and 11th Street) and approve Resolution No. 2005-44. Roll call
resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay:
None. Motion carried.
RESOLUTION NO. 2005-44
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
East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15
West of the 6th P.M., Buffalo County, Nebraska, more particularly described as
follows: Referring to the northeast corner of the Northwest Quarter of
Section 8 and assuming the north line of said Section 8 as bearing WEST and all
bearings contained herein are relative thereto; thence WEST on the north line
of said Section 8 a distance of 28.95 feet to the ACTUAL PLACE OF BEGINNING;
thence continuing WEST on the north line of said Section 8 a distance of 678.71
feet; thence S00°22’49”E a distance of 581.13 feet;
thence N89°56’08”E a distance of 556.68 feet;
thence N02°03’56”W a distance of 258.77 feet;
thence N88°47’43”E a distance of 128.1 feet;
thence N00°06’10”W a distance of 319.19 feet to
the place of beginning, containing 8.30 acres, more or less, all in Buffalo
County, Nebraska (one half mile east of the intersection of Antelope Avenue and
11th Street), from “Agricultural” to “Rural Estates”, and
WHEREAS, the said application for change in the Comprehensive Land Use Plan has
been approved by the City Planning Commission, after a public hearing properly
published and held, and
WHEREAS, the City Council has held a public hearing upon the said revision and
voted in favor of a motion to approve the change in the Land Use Plan as
requested by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby
amended to change from “Agricultural” to “Rural Estates” the use classification
for the area described as a tract of land being part of the East Half of the
Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
Referring to the northeast corner of the Northwest Quarter of Section 8 and
assuming the north line of said Section 8 as bearing WEST and all bearings
contained herein are relative thereto; thence WEST on the north line of said
Section 8 a distance of 28.95 feet to the ACTUAL PLACE OF BEGINNING; thence
continuing WEST on the north line of said Section 8 a distance of 678.71 feet;
thence S00°22’49”E a distance of 581.13 feet;
thence N89°56’08”E a distance of 556.68 feet;
thence N02°03’56”W a distance of 258.77 feet;
thence N88°47’43”E a distance of 128.1 feet;
thence N00°06’10”W a distance of 319.19 feet to
the place of beginning, containing 8.30 acres, more or less, all in Buffalo
County, Nebraska (one half mile east of the intersection of Antelope Avenue and
11th Street).
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
REZONING – ONE HALF MILE EAST OF THE INTERSECTION OF
ANTELOPE AVENUE AND 11TH STREET
Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for
Steven Mercer (Owners) to rezone from “District AG, Agricultural District” to
“District RR-1, Rural Residential District (Rural Standards)” property
described as a tract of land being part of the East Half of the
Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th
P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half
mile east of the intersection of Antelope Avenue and 11th Street). Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Lear to close the hearing and
approve the Application submitted by Mitch Humphrey
(Applicant) for Steven Mercer (Owners) to rezone from “District AG,
Agricultural District” to “District RR-1, Rural Residential District (Rural
Standards)” property described as a tract of land being part of the East
Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of
the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one
half mile east of the intersection of Antelope Avenue and 11th Street). Roll
call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse.
Nay: None. Motion carried.
AMEND CHAPTER 14 OF UNIFIED LAND DEVELOPMENT ORDINANCE
Mayor Hadley opened the public hearing on the proposed amendment to Chapter 14 “Zoning District
Regulations” of the Unified Land Development Ordinance, a part of the Code of
the City of Kearney to include car washes as a conditional use in a “District
C-1, Limited Commercial District” zone with a Conditional Use Permit. Planning
Commission recommended approval.
City Planner Lance Lang presented
this matter to the Council. In the Unified Land Development Ordinance car
washes are considered to be a use type listed under “auto services”. Auto
services are allowed by right in Districts C-2 (Community Commercial), CBD
(Kearney Center Mixed Use), C-3 (General Commercial), BP (Business Park), M-1
(Limited Industrial) and M-2 (General Industrial) and with a Conditional Use
Permit (CUP) in District UC (Mixed Use Urban Corridor). The only
commercial zones that do not allow auto services are C-0 (Office) and C-1
(Limited Commercial).
Since C-0 is an office zone, staff agrees that car washes
should be prohibited. In C‑1, neighborhood commercial districts, a
car wash may or may not “fit” into the character of the neighborhood. A
CUP will allow for public review of each proposal on a case by case
basis. Staff believes that the CUP process will provide for adequate
review of proposed car wash locations in C-1 zones. You may recall, in
the previous zoning ordinance, car washes were allowed by CUP in all commercial
zones except C-0.
From time to time developers come in and want to build a
project that does not exactly fit with the Code and that results in a review of
the ordinance and how the City can make it work for them. They have to be
sympathetic with the neighbors’ needs in considering these projects.
Recently, the Council authorized a CUP for a therapeutic riding facility. This
would be an additional amendment that would allow this particular use for a car
wash or as it is referred to “auto services” in the Code, in a C-1 zone.
A C-1 is a neighborhood commercial zone, which is not the same as a highway
commercial or a heavier commercial zone so there is sensitivity how it affects
those neighboring homes.
A Conditional Use Permit is an extra layering of review and
approval and conditions can be applied. It is specific to a particular
parcel for a particular use for one owner for a particular amount of
time. It is the most control that can be achieved through the zoning
regulations. In the existing zoning of C-2, C-3, CBD and other commercial
zones, car washes are allowed by right. They are proposing in this C-1
zone that car washes would be allowed with the use of a conditional use
permit. The Planning Commission had quite a bit of discussion about
this. One of the issues discussed was that there is a fair amount of
capital investment that goes into building a car wash and it is a single use
type of facility not easily adaptive to making it into something else.
The way that CUP works is that it could be revoked if the owner does not hold
up their end of the regulations, theoretically the permit could be revoked,
which would affect that capital investment.
At the end of the Planning Commission discussion, the
choices were to not allow car washes in C-1 zoning, to allow them by right or
to allow them with a CUP. They chose to recommend the Conditional Use
Permit. Mr. Lang stated that the conditions that might be attached to a
CUP for a car wash are, limit hours of operation, lights, noise, over spray,
traffic. These conditions would be based on the opportunity of the
neighbors voicing their concerns through the public hearing process before they
are presented to the Council for approval. Length of time for a CUP
varies from 6 months to perpetuity; they do not have to have an exact time
limit. An investment in a facility like this would probably not have a
time limit on it, but the owner would have to understand that at the time he
agreed to the conditions would be in force for as long as he was in business
and could be revoked at any time by the Council for infractions.
The process for revocation begins with a letter informing
the owner that they are in violation of the conditions of the permit and
enclose a copy of the ordinance that has the official text and conditions they
agreed to follow. He did not recall that any CUP had to be revoked.
If they did not comply with the condition after the letter was received, then
it would be turned over to the City Attorney’s office to take whatever action
was deemed to be appropriate. Mr. Lang stated that there are several car
washes in town that were originally authorized under Conditional Use Permits
because the old code was revised so that car washes in any district had to have
a CUP. Under the new UDO, car washes are allowed by right under a C-2, C-3, but
not C-1. Another possibility is to rezone the subject property from C-1 to C-2
and in most cases C-1 zoning is a petty good distance away from your regular
commercial like on 2nd Avenue or Highway 30. Since this is now a
neighborhood type commercial, the danger in upgrading to a higher intensity
commercial type zone, it allows for more type “C” uses that might not be
appropriate. Their policy has been to limit those external commercial in
the community to C-1 (neighborhood commercial) and not go any higher than that.
Council member Lear asked if there are any other uses with
this type of capital investment that utilize a CUP? He estimated this as
a $500,000-$800,000 project that the City would be looking at potentially
revoking it for that use. Director of Public Works stated that Randy
Stone’s veterinary clinic on 56th Street is under a CUP. Originally, when
he came in, he was quite a ways out of the City limits and the City gave him
20-25 years for the CUP. He has approximately seven years left on
it. At the end of that period, it can be renewed for another term or revokeed.
He was aware of the timeline when he made the agreement.
City Attorney stated that when the City grants these
Conditional Use Permits, it needs to view these projects that have a
substantial investment as sort of a vested right which could not be taken away
on a whim. It would have to have substantiated reasons to revoke that
permit and it would require a “show cause hearing” and the City would have to
bring the “grounds and charges”. He has always tried to caution the
Council that when they grant these CUPs they need to be viewed as permanent.
Unless there are some substantial neighborhood outcries or violations, it would
be very difficult to take a CUP away.
Council member Clouse asked it makes more sense to do these CUPs
on a case by case basis or if we should have a particular set of standards that
apply to their operations, such as a car wash. Not having to continually
review these types of projects with conditions, but to have a set standard on
the type of zoning where they are allowed.
City Planner responded there is a section of the Code that
deals with supplement regulations for certain negative external effects such as
the particular thing might be unsightly smell, or they are noisy. They
could pursue this by allowing car washes in a C-1 by right with supplemental
regulations attached instead allowing then in C-1 across the board with a
CUP. They can look at that and suggest what the regulations might be and
bring them back for review.
He further explained that Muddy Mike’s Car Wash on 39th Street
and Avenue N (by Casey General Store) came in under the old Code, and car
washes were allowed in C-1 and the Code was amended making a CUP
requirement. In their case, there was no houses close at that time to
their site. In other parts of town where there is C-1 zoning, there might
be houses closer to the car washes, but with the Conditional Use Permit you
look at a particular parcel with a specific use with a case-by-case
basis.
There was some discussion among the Council about which
would have a greater impact on the neighbors, a convenience store or a car
wash. The convenience store does not require a CUP, but a car wash
would. If the Code were amended to as proposed that car washes are
allowed in a C-1 but must have a Conditional Use Permit than any application
would go to Planning Commission and to City Council in every case.
Director of Public Works stated one of the considerations was to allow car
washes in a C-1 zone, but that did not give any control over that kind of
project regarding screen fence, landscaping or how it fits on the site.
City Planner stated they have to meet setbacks and things like that but nothing
more.
City Manager agreed that the City Planner made a good point and
his experience has been that they are not all alike. If you develop
standard restrictions, it can end up being overly restrictive more than you
like based on certain criteria that might not be prudent in other areas of the
community. The Conditional Use Permit is usually used in the process.
Council member Lear commented he has a hard time
distinguishing why a Conditional Use Permit process applies to a car wash and
not to a convenience store. He believed they could run into problems by
reviewing each case and being subject to the whims of whoever is involved
versus making the same set of rules for everyone for this type of
business. This will continually bring more things before the Council for
review.
City Manager stated that routinely planning and zoning cases
do look at car washes as a difficult use sometimes. Surprisingly, car
washes do raise neighborhood issues that convenience stores do not. He
has experienced some major battles with car washes next to convenience
stores. For example, noise with timers going off, people congregating
late at night washing cars, the mist during certain time of the year,
lights. Another restriction might be for vacuum cleaners which are very
loud. Car washes are generally seen as a more intense use. City Planner
added that when talking with the neighbors about the proposed car wash on 56th
Street, the comment was that they expected to have a convenience store in the
area, but were not necessarily okay with a car wash being there. In the
old Code, there were Conditional Use Permits required for car washes in all
zones.
City Manager suggested that Staff and Council prepare a list
of options and evaluate those as potential conditions. The Conditional
Use Permits are routinely used in car washes as a planning tool. The
other option that governmental bodies struggle with is to not allow them.
He believed that the CUP allows communities and Planning Commissions to find
another option.
Council member Lear asked if we have any other car wash
projects pending. City Planner stated there is a gentleman who wants to
build a car wash in a C-1 zone at 56th Street and Avenue N. He was
originally on the agenda following this hearing, but decided to table it at the
Planning Commission. He will work with the neighbors who had concerns and
by putting in fences and landscaping and making certain concessions they would
agree to then he would come back. He hoped if this amendment for the
Conditional Use Permit was approved, then things like a 6-foot fence, limit the
hours of operation, make it a fully enclosed facility, have sharp cutoff
lighting and whatever conditions would be to appease the neighbors would be
included in his conditions. He did not know what degree of success he has
had with the neighbors at this point, but hoped to bring it back to next
month’s meeting. Director of Public Works stated this applicant would
have to bring it back by the next two meetings or he would have to
reapply. Council member Lear stated his larger concern is more
philosophical, he believes that singling out one type of business for a CUP and
he thinks that will cause inconsistencies and the fact that they have the right
to revoke one involving that kind of investment.
City Manager stated that car washes are a unique use and he
wanted to know if this issue came up in Planning Commission. Director of
Pubic Works responded that there was some discussion on limiting the number of
bays on a car wash. This particular one is an automatic car wash, not the
drive in and load the coins type. This is the type that the doors come
down and you drive through it, like at 56th Street and 2nd Avenue, which is a
C-2 zone. You fill up with a tank of gas and get a wash. City
Planner stated Thirsty’s (C-3 zone) just put in a car wash and the one being
proposed is being provided by the same company, but is an upgraded model that
is expected to be quieter and more compatible in this type of situation.
Council member Lear commented that the C-3 zone allowed the car wash by right
and there is residential right behind them. City Planner responded it was
put in under the old Code and so a Conditional Use Permit was required for a
car wash in all zones at that time.
Council Member Clouse commented he would feel better if the
City had a CUP on all zones and identified car washes as a use type in the Code
and put it the same across the board. The City does single different
industries out through out the Code, so car washes would not be the only one to
ever be singled out. City Planner stated that car washes are lumped in
with “auto services” which might include window tinting and detailing
etc. He suggested pulling that out so that it might be more easily
identifiable. Council member Kearney commented he would feel more
comfortable to send this back to Planning and Zoning to review after the
discussion tonight. He likes to have Planning and Zoning make the
recommendations along the lines of the conversation that has taken place.
There was no one present in opposition to this hearing.
Moved by Lear seconded by Buschkoetter to close the hearing
and to remand back to the Planning Commission for further review the proposed amendment to Chapter 14 “Zoning District
Regulations” of the Unified Land Development Ordinance, a part of the Code of
the City of Kearney to include car washes as a conditional use in a “District
C-1, Limited Commercial District” zone with a Conditional Use Permit, to review
separating the classification of car wash from auto services. Roll
call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney.
Nay: None. Motion carried.
CDBG GRANT APPLICATION
Mayor Hadley opened the public hearing on the application to
the Department of Economic Development for a Community Development Block Grant
and to consider approval of Resolution No. 2005-45.
The City of Kearney has an opportunity to apply for
Community Development Block Grant Funds from the Nebraska Department of
Economic Development during the 2005 Application cycle in the amount of
$174,165.00. These grant funds are being allocated to eight communities
in Nebraska as a pilot program to assess the community facility and housing
needs in pre-determined areas within the community. The application would
be funded under a new Comprehensive Revitalization category.
The objective of the Comprehensive Revitalization Category
is to provide flexible investments in housing and infrastructure to carry out a
comprehensive strategy of revitalization to stabilize and enhance clearly
defined residential neighborhoods with concentrations of persons with lower
incomes.
The primary national objective of the CDBG Program is the
“development of viable urban communities by providing decent housing and a
suitable living environment, particularly for low and moderate-income persons.”
All project activities submitted for funding with Comprehensive Revitalization
funds must meet the national objective of benefit to low and moderate income.
The first phase of this program is to apply for a Planning
Grant to assess the needs in all the pre-determined areas. The Grant
would be in the amount of $8,000, and the City of Kearney would need to match
this amount with $2,500 of local funds. The study would be completed
during the period of May 20, 2005 through November 21, 2005. Projects
that are identified as CDBG eligible could then be subsequently applied for and
funded with grant funds during the 2006, 2007 and 2008 application cycles.
Jacque Haupt from Miller & Associates presented this
matter to the Council. The City of Kearney has been a recipient of CDBG for the
past 20 years. The City has received funds for public works, tourism and
economic development. This is a similar type of application. These
funds are available for the City under what is called “Community
Revitalization” application, which is a new category. The department is
allocating funds to eight communities across Nebraska and allowing those
communities to do a study in specific areas and then apply for these
funds. Kearney is one of those selected communities. The first
phase of the program is to apply for study funds. These funds would be to
have community meetings around the City, possibly to distribute a survey document,
which would be used to assess the needs, of what those residents feel are
important. The City would then look at those needs and decide what is an
eligible activity within the community development block grant program. At that
time, the City would be able to apply for the additional funds from the
State. The study information will be processed between the months of May
and November. In November, we would actually do a formal application for
the $172,000 that the State has set aside for the City of Kearney for the
2006. The City would then apply in subsequent years for 2007 and 2008 if
you have eligible projects that meet their application guidelines.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Hadley to close the
hearing and approve the application to the Department of Economic Development
for a Community Development Block Grant and approve Resolution No. 2005-45.
Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION NO. 2005-45
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 has conducted public hearing(s)
upon the proposed application and received favorable public comment respecting
the application which for an amount of $8,000 for community development
planning.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that 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 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
JUSTICE ASSISTANCE GRANT APPLICATION
Mayor Hadley opened the public hearing on the application to
the U.S. Department of Justice for a Justice Assistance Grant and to consider
approval of Resolution No. 2005-46.
Chief of Police Dan Lynch presented this matter to the
Council. The Justice Assistance Grant Program is a federal program from the
Department of Justice. This granting program, replaces both the Local Law
Enforcement Block Grant and the Byrne Grant program. Unfortunately, the
previously budgeted amounts in these two programs have been significantly
reduced. The City of Kearney has qualified for the direct award Local Law
Enforcement Program for several years. The Department of Justice declared
the City’s program a “disparate county” in 2001. Since that time, the
Police Department has shared the award with the Buffalo County Sheriff’s Department.
In part, the equipment designated will be used by the joint
Emergency Services Unit and the Fatality Accident Investigation Team.
Both these groups are made up of officers and deputies from each agency.
Along with the training and equipment for these groups, the City also intends
to purchase a camera to be shared by the investigative staff and a second speed
trailer for traffic enforcement.
Though the City does not know the complete parameters of the
latest program, the City does know the award will be $16,921.00. In the
past, the City has been obligated to provide a 10% match to that figure.
There has been discussion that the match may increase to 25%, but that has not
been stipulated to this point. The total purchases planned, are
$20,690.00, and would be supplemented from existing budget moneys.
The $16,921.00 award is a substantial amount and will
benefit both agencies. The match, whether it is at a 10% or 20% level,
still makes the grant money attractive and usable. This is a requirement to
qualify for the grant funds. If approved and awarded, the moneys will be
disbursed over a 2 year period.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Kearney to close the hearing and
approve the application to the U.S. Department of Justice for a Justice
Assistance Grant and approve Resolution No. 2005-46. Roll call resulted as
follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried.
RESOLUTION NO. 2005-46
WHEREAS, the City of Kearney, Nebraska is an eligible unit of a general local
government authorized to file an application under the Justice Assistance Grant
Program; and
WHEREAS, the City of Kearney, Nebraska has obtained its citizens’ comments on
law enforcement needs; and has conducted a public hearing upon the proposed
application and received favorable public comment respecting the application
which for an amount of $16,921.00 for the purchase of equipment.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the President of the Council be authorized and directed
to proceed with the formulation of any and all contracts, documents or other
memoranda between the City of Kearney, Nebraska and the Bureau of Justice
Assistance, Office of Justice Programs, U.S. Department of Justice so as to
effect acceptance of the grant application.
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
IV. CONSENT AGENDA
Council member Lear abstained from voting on Subsection 5 of
the Consent Agenda for the reason he is employed by Platte Valley State Bank
handling the City’s pension programs.
Moved by Kearney seconded by Clouse that Subsection 5 of
Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley,
Kearney, Buschkoetter, Clouse. Nay: None. Lear abstaining. Motion carried.
5.
Approve the amendments to the City of Kearney, Nebraska Police Officers’
Pension Plan and Trust, the City of Kearney, Nebraska Firefighters’ Pension
Plan and Trust, and the Money Accumulation Plan for Employees of the City of
Kearney and Kearney Municipal Airport Corporation and approve Resolution No.
2005-49.
RESOLUTION
NO. 2005-49
WHEREAS, the City shall amend and it hereby does adopt, an amendment of the
City of Kearney, Nebraska Police Officers’ Pension Plan and Trust (the “Police
Plan”) in the form of the Amendment attached hereto and by this reference fully
incorporated herein. The purpose of said amendment is to reduce the
dollar threshold for involuntary distributions from the Police Plan upon a
termination of employment to $1,000, effective for any distributions payable on
or after March 28, 2005, to comply with the requirements of Section 401(a)(31)(B)
of the Internal Revenue Code.
WHEREAS, the City shall amend and it hereby does adopt, an amendment of the City
of Kearney, Nebraska Firefighters’ Pension Plan and Trust (the “Firefighters’
Plan”) in the form of the Amendment attached hereto and by this reference fully
incorporated herein. The purpose of said amendment is to reduce the
dollar threshold for involuntary distributions from the Firefighters’ Plan upon
a termination of employment to $1,000, effective for any distributions payable
on or after March 28, 2005, to comply with the requirements of Section 401(a)(31)(B)
of the Internal Revenue Code.
WHEREAS, the City shall amend and it hereby does adopt, an amendment of the
Money Accumulation Plan for Employees of the City of Kearney and Kearney
Municipal Airport Corporation (the “Money Accumulation Plan”) in the form of
the Amendment attached hereto and by this reference fully incorporated
herein. The purpose of said amendment is to reduce the dollar threshold
for involuntary distributions from the Money Accumulation Plan upon a
termination of employment to $1,000, effective for any distributions payable on
or after March 28, 2005, to comply with the requirements of Section 401(a)(31)(B)
of the Internal Revenue Code, and to authorize benefit distributions upon
terminations before retirement to be paid in the form of periodic installments.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, the Mayor and other appropriate elected officials and
officers of the City of Kearney shall be, and they hereby are, authorized to do
all things necessary to carry out, and accomplish the foregoing Resolutions,
including the execution of any document or amendment which may be necessary or
appropriate to amend and administer the aforesaid Plans, including such actions
as may be necessary or appropriate to achieve and maintain qualification of the
aforesaid Plans under Section 401(a) of the Internal Revenue Code of 1986, as
amended, as said section applies to government plans.
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
Moved by Clouse seconded by Lear that Subsections 1 through
4, and 6 through 14 of Consent Agenda Item IV be approved. Roll call resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion
carried.
1.
Approve Minutes of Regular Meeting held March 22, 2005.
2.
Approve the following Claims: 3CMA $350.00 smcs; 3M $1,238.00 smcs; A T&T
$173.32 smcs; A-1 Refrig $626.17 smcs; Accent Sales $230.58 smcs; Ace Hardware
$293.23 smcs; Ace Irrigation $82.38 smcs; Adamson Industries $419.95 smcs,co;
Advance Auto $5.60 smcs; AFLAC $1,584.00 ps; Agent Fee $20.00 smcs; Alamar
$2,158.95 smcs,ps; Allsop $49.89 smcs; Allstar Windshield $35.00 smcs; Alltel
$1,422.53 smcs; Almquist,R $75.00 smcs; Amazon $178.45 smcs,co; Amer Assn
Airport Exec $1,095.00 smcs; Amer Electric $644.42 smcs; Amer Fence $9,560.20
co; Amer Library Assoc $445.00 smcs; Amer Trademark $161.55 smcs; Ampco Parking
Eppley $40.00 smcs; Anderson Bros $844.87 smcs; Antelope Newspaper $126.50 smcs;
Armor Holdings $84.32 smcs; Armor Holdings Training $75.00 smcs,co; Arrendondo,G
$8.42 smcs; Asphalt and Concrete $3,038.54 smcs; Associated Bag $219.82 smcs;
ATCO Mfg $161.88 smcs; B&B Auto Glass $197.00 smcs; Babl,K $1.72 smcs;
Badge Maker $10.50 smcs; Baker & Taylor $2,674.52 smcs; Baker, C $5.00 smcs;
Bamford $218.96 co; Barney Abstract $1,740.00 smcs,co; BBC Audiobooks $349.63 smcs;
Beacon Athletics $7,028.00 smcs; Big Flag $72.80 smcs; Blevins, D $90.00 smcs; Bluecross
$57,119.14 smcs; Bobs Super Store $268.08 smcs; Bosselman Energy $51.03 smcs; Bower,M
$14.00 smcs; Broadfoot's Sand $420.00 smcs; Brownells $68.88 smcs; Bubble
Factory $49.70 smcs; Buck, T $31.25 smcs; Buffalo Co Court $189.83 ps; Buffalo
Co Dist Co $76.50 smcs; Buffalo Co Reg Deeds $2.50 smcs; Buffalo Co Sheriff
$96,592.50 smcs; Buffalo Co Treasurer $841.61 co; Buggy Bath $6.00 smcs;
Builders Warehouse $5,618.81 smcs,co; Burgland, W $13.10 smcs; Burke, M
$1,400.00 smcs; Butler, Voigt & Stewart $391.00 smcs; Buzz's Marine $87.99 smcs;
Cardquery.com $29.95 smcs; Casey's $33.50 smcs; Cash Wa $13.40 smcs; CDW
Government $1,055.92 smcs,co; CED Ent Elect $6.63 smcs; Centaur Ent $57.66 smcs;
Center for Educ & Employ $124.95 smcs; Central Comm College $156.00 smcs;
Central Fire & Safety $53.50 smcs; Central Hydraulic Systems $1,839.78 smcs;
CHAD $16.00 ps; Champlain Planning $135.00 smcs; Charter Paging $22.46 smcs; Chesterman
$199.50 smcs; Chief Supp $104.94 smcs; City of Ky $168,113.62 smcs,ps; Clark Enersen
$3,356.68 co; College Savings Plan $50.00 ps; Comfort Suites $134.40 smcs;
Computer Pros $65.00 smcs; Computer Warehouse #4 $162.73 smcs,co; Conseco Life
$38.00 ps; Construction Rental $198.66 smcs,co; Control Masters $318.08 smcs;
Copycat $389.87 smcs; Corey's Detailing $50.00 smcs; Cornerstone Group $33.68 smcs;
CPI Manf. & Supply $146.27 smcs; Crossroads $844.11 smcs; Cummins $386.44 smcs;
Dandee Construction $675.00 co; Dell $1,875.24 smcs,co; Development Council
$2,245.64 smcs; Diamond Sales $80.30 smcs; Diamond Vogel $23.50 smcs; Dollar
Rent-A-Car $282.75 smcs; Double M Farms $2,000.00 smcs; DPC Ind $4,131.25 smcs;
DR Regsoft.com $29.95 smcs; Dreyer, D $111.20 smcs; Dugan $899.86 smcs; Dutton-Lainson
$22.30 smcs; Dynix $696.00 smcs; E&D Enterp $640.00 smcs; Eakes $1,721.14 smcs,co;
Earl May $9.99 smcs; Ebattery $191.00 co; ECI Gotomypc.com $269.40 co; Ecolab
$27.00 smcs; EDM Equip $1,181.02 smcs; Eileen's $10.00 smsc; Eirich, T $50.00 smcs;
Elliott Equip $2,102.58 smcs; Elliott, R $91.30 smcs; Engels, D $103.52 smcs; Enslow
Publ $377.96 smcs; Eustis Body Shop $80.00 smcs; Expression Wear $31.95 smcs; Exxonmobile
$14.31 smcs; Facts on File $522.49 smcs; Fairbanks $2,759.19 smcs; Family
Practice $161.00 smcs; Farmers Union $75.26 smcs; Fastenal Co Retail $765.29 smcs;
Fearnley, M $74.18 smcs; Freburg, N $184.62 ps; Frontier $456.37 smcs; Fuller,
J $85.56 smcs; Gall's $948.02 smcs; Garrett Tires $1,837.16 smcs; Gary's I-80
$200.00 smcs; Gealy's $3,200.00 smcs; General Traffic $631.91 smcs; Gordon's
Small Engine $21.13 smcs; Graham Tire $100.00 smcs; Grainger $1,883.17 smcs;
Grand Central IGA $23.87 smcs; Great American Outdoor $521.85 smcs; Great
Plains Reg $650.66 smcs; Gronewoller,S $106.95 smcs; H&H Dist $872.00 smcs;
Hach $514.70 smcs; Hall Signs $1,065.83 smcs; Harshbarger, K $2,493.76 smcs;
Hastings Ent $227.47 smcs; Hawthorne Suites $535.53 smcs; Highsmith Inc $86.83
co; Hobbie,B $10.18 smcs; Hobby Lobby $3.96 smcs; Holiday Inn $138.00 smcs;
Holmes Plumbing $1,356.91 smcs,co; Hometown Leasing $208.91 co; Hotsy $331.75 smcs;
Hydrologic $1,057.67 smcs; ICMA $2,441.85 ps; IRS $81,376.02 ps; Interstate
Wrapping Prod $528.30 smcs; Int'l Code Council $74.99 smcs; Intuit Solutions
$1,150.00 smcs; Irrigation Design $512.50 smcs; Itin Scale $185.40 smcs; Jack Lederman
$474.77 smcs; Johnston, S $23.99 smcs; K&K Parts $305.29 smcs; Ky Chamber Comm
$889.12 smcs; Ky Concrete $2,206.54 smcs; Ky Hub $570.33 smcs; Ky Implement
$719.33 smcs; Ky Towing $135.00 smcs; Ky Truck Parts $10.00 smcs; Ky Whse
$259.42 smcs; Ky Wle $49.11 smcs; Ky Yamaha $1,455.70 smcs; Kelly Supply
$561.68 smcs; Kersting, R $8.45 smcs; Killion Motors $368.65 smcs; Kirkham
Michael $55,078.58 co; Koen Book Dist $352.14 smcs; Kooyman, R $200.00 ps; Krepel,
J $74.18 smcs; Krueger, L $62.70 smcs; Kyocera Wireless $103.27 smcs; La Jolla
Club Golf $444.11 smcs; Labsafe $546.47 smcs; Landscape Architecture $310.00 smcs;
Lang, L $248.83 smcs; Laser Art Design $132.00 smcs; Laughlin, K $360.00 ps;
Law Enforce Access $268.50 smcs; Lawson Products $278.07 smcs; Layne
Christensen $802.00 smcs; LCL Truck $3,331.80 smcs,co; LECC $285.00 smcs;
Lerner $287.07 smcs; Lesmeister,M $16.42 smcs; Lexis Nexis $25.45 smcs; Library
Book Selection $142.35 smcs; Lincoln, F $26.00 smcs; Lindner,S $42.12 smcs; Linweld
$530.39 smcs; Lockmobile $21.00 smcs; M.E. Sharpe $583.00 smcs; Magic Cleaning
$850.00 smcs; Marlatt Machine $564.31 smcs,co; Martinosky, M $50.00 smcs; Mattley
Advertising $192.00 smcs; Meitl, J $13.31 smcs; Mes-Snyder $16,711.00 smcs; Meteorlogix
$1,803.00 smcs; Metlife $3,864.53 ps; Metrotech $89.00 smcs; MGS Tech $24.05
co; Mid America Phones $100.00 smcs; Mid America Sales Assoc $355.89 smcs; Mid
American Spec $208.05 smcs; Mid Con Systems $103.89 smcs; Mid-State Units
$120.00 smcs; Midway Chevrolet $230.50 smcs; Midway Chrysler Dodge $23.25 smcs;
Midwest Turf $159.20 smcs; Mieth, T $22.94 smcs; Miller Signs $521.57 smcs;
Mirror Image Ky North $10.00 smcs; Mitchell Repair $530.60 smcs; Moore Wallace
$473.34 smcs; Morris Press $135.50 smcs; Mosbarger, B $200.00 ps; Motherboardzone
$11.31 smcs; Motorola $22,758.00 smcs; Moxa Technologies $124.00 co; Mr
Automotive $3,473.85 smcs; MSC Industrial Supply $556.11 smcs; MSI Systems
$760.00 co; Mundt, K $8.05 smcs; Municipal Supply $4,104.85 smcs; Murphy Tractor
$22.83 smcs; Napa All Makes Auto $907.33 smcs; Nat'l Audio-Visual $90.90 smcs;
Nat'l Paper $204.61 smcs; Nat'l Waterworks $8,672.64 smcs; NCL of Wisconsin
$485.76 smcs; NE Child Support $1,045.43 ps; NE Dept Aeronautics $1,840.00 ds;
NE Dept Revenue $24,321.86 ps; NE Health & Human Serv $16.00 smcs; NE Tree
Conf $10.00 smcs; NE Dept of Environmental $13,195.94 smcs; NE Furniture $72.75
co; NE Health & Human $190.43 smcs; NE Machinery $77.63 smcs; NE Society of
CPA $110.00 smcs; NE Truck Ctr $197.52 smcs; NEland Dist $1,018.40 smcs; NeRPA
$30.00 smcs; Newegg Comp $92.16 co; Newman Signs $66.26 smcs; NFPA Nat'l Fire
Protection $167.65 smcs; NGCAS $150.00 smcs; Nogg Chemical $603.67 smcs;
Northern Tool $423.40 smcs; Northwest Electric $112.96 smcs; Northwestern
Energy $5,318.82 smcs; NSGS Conference $20.00 smcs; NSVFA Fire School $4,950.00
smcs; ODI Our Designs $17.95 ps; Office Depot $287.22 smcs; Office Max $957.93 smcs,co;
Officenet $1,515.40 smcs,co; O'Keefe Elevator $445.33 smcs; Olive Software
$24,898.14 smcs,co; Olsson Assoc $1,865.55 smcs; Omaha World Herald $72.80 smcs;
OMB Police Supp $2,900.92 smcs,co; O'Reilly $310.59 smcs; Orscheln $649.34 smcs;
Over the Edge Sports $17.98 smcs; Overhead Door $59.32 smcs; Paramount $16.00 smcs;
Parks, M $27.06 smcs; Payflex $369.75 ps; Payne, B $28.52 smcs; PBD Ala-Graph
$310.00 co; Pioneer Mfg $277.80 smcs; Pitney Bowes $450.00 smcs; Platte Valley Comm
$4,671.99 smcs,co; Portable Computer System $18,416.00 co; Postmaster $510.00 smcs;
Presto-X $129.00 smcs; Promiss Testing Centers $390.00 smcs; Pro-Tint $150.00 smcs;
Pump & Pantry $17.28 smcs; QA Balance $95.00 smcs; Quality Inn $201.12 smcs;
Quill $136.82 smcs; Quinlan $154.75 smcs; Radio Shack $219.44 smcs,co; Random
House $548.31 smcs; Recorded Books $1,153.12 smcs; Recreaonics $7.84 co;
Redman's $159.74 smcs; Region 12 ABPA $55.00 smcs; Research Tech $189.95 smcs;
Respond First Aid $172.00 smcs; Ringlein, J $40.00 smcs; Riverside Animal
$1,571.00 smcs; Road Builders $2,131.98 smcs; Rockler Wdwrk Hdwe $101.45 co; Roeder,J
$343.76 smcs; Roomsberg, M $9.17 smcs; Roper's Radiator $75.00 smcs; RTI
Technical $2,000.00 smcs; Saathoof,J $32.12 smcs; Sahling Kenworth $51.85 smcs;
Sams $30.00 smcs; School Dist #7 $2,092.60 smcs; Scotts TV $21.25 smcs;
See Clear Cleaning $1,900.00 smcs; Severn Trent $7,217.34 smcs; Shade Systems
$1,988.00 smcs; Shamrock Turf $1,463.00 co; Shell Oil $280.19 smcs; Sherwin
Williams $280.00 smcs; Shirt Shack $1,620.15 smcs; Simmons Gun $345.40 smcs;
Solid Waste Agency $65,772.81 smcs; Solid Waste Equip $5,496.00 smcs; South
Central Diesel $596.19 smcs; Sport Supp $715.84 smcs; Staples $85.19 smcs; Starostka
Group $82,522.86 co; State Electrical Div $275.00 smcs; Steele, B $25.83 smcs; Steffensmeier,
J $185.49 smcs; Stubbs, R $6.99 smcs; Subway $20.24 smcs; Sun Life Fin
$20,009.84 smcs; Sunrise Environ $93.21 smcs; Super Seer $515.91 smcs,co; Super
Shine Auto $59.00 smcs; Superior Signal $175.90 smcs; Swing King $114.94 smcs;
Target $16.68 smcs; Tecco $674.58 smcs; Thome, B $106.95 smcs; Thomson, G
$56.13 smcs; Tolle, J $19.26 smcs; Tractor Supply $878.70 smcs; Tri-City
Outdoor $381.91 smcs; Tri-State Striping $4,993.32 smcs; Turner Body Shop
$45.00 smcs; U Save Foods $9.73 smcs; UNICO $1,928.89 smcs; Union Oil
$23,701.92 smcs; Unique Books $2,092.01 smcs; United Air $347.40 smcs; United
Way $616.06 ps; UNL Pesticide $180.00 smcs; UPS $30.59 smcs; Upstart $114.75 smcs;
USPS $110.94 smcs; Van Diest $7,646.43 smcs; Ventus Energy $24,955.00 smcs;
Video Service $422.74 smcs; Village Uniform $377.77 smcs; Viter, T $314.44 smcs;
W.S. Darley $265.89 smcs; Walgreens $11.89 smcs; Walmart $1,265.51 smcs,co;
Warrington, D $353.19 smcs; Washington State Supp $102.01 ps; Wastecorp $390.00
smcs; Water Products $2,256.74 smcs; We Care Tree $160.00 smcs; Wells Fargo
$77,216.00 smcs; West $1,033.50 smcs; Westfall $71.55 smcs; Whelen Engineering
$35.75 smcs; Wiederspan, R $123.29 smcs; Wilke Donovans $913.81 smcs; Wood
& Aitken $3,192.72 co; Xerox $742.73 smcs,co; Yanda's Music $1,000.00 co;
Young, M $344.44 smcs; Younkers $117.64 smcs; Zimmerman Printers $1,050.50 smcs;
Payroll Ending 3-19-2005 -- $249,175.97; and Payroll
Ending 4-2-2005 -- $253,259.07. 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 canceling special assessments levied against certain lots and lands and
to remove the said records and assessment schedules from the active files of
the City of Kearney and approve Resolution No. 2005-47.
RESOLUTION
NO. 2005–47
WHEREAS, special assessments have been levied against various properties owned
by the City of Kearney; and
WHEREAS, the special assessment liens should be extinguished and no longer
constitute liens upon the subject real estate;
NOW, THEREFORE, BE IT RESOLVED by
the President and City Council of the City of Kearney, Nebraska, that the Clerk
of the City of Kearney be and is hereby authorized and directed to denote on
the records of the Office that the special assessments levied against the
below-listed lots are cancelled, and to remove the said records and assessment
schedules from the active files of the Office.
Lot 1 of
Block 2, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo
County, Nebraska ($9,388.70)
Lot 1 of
Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo
County, Nebraska ($9,388.70)
Lot 2 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 3 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 4 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 5 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 6 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 7 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 8 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 9 of Block 3, Eastbrooke Subdivision,
an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)
Lot 10 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 11 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 12 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 13 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($10,171.95)
Lot 14 of Block 3, Eastbrooke
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($6,149.15)
Lot 27 of Block 6, Eastbrooke 2nd
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($4,349.40)
Lot 28 of Block 6, Eastbrooke 2nd
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($9,383.66)
Lot 29 of Block 6, Eastbrooke 2nd
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 30 of Block 6, Eastbrooke 2nd
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,069.30)
Lot 31 of Block 6, Eastbrooke 2nd
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,434.29)
Lot 1 of Block 7, Eastbrooke 2nd
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($5,429.25)
Southeast Quarter of Section 24,
Township 9 North, Range 16 West, except a tract of land being a part of
Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North,
Range 16 West of the 6th P.M., Kearney Lands Subdivision, an addition to City
of Kearney, Buffalo County, Nebraska ($56,601.18)
A tract of land being a part of Southeast
Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16
West, beginning at southeast corner of said Section 24, Kearney Lands
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($67,424.88)
Lot 19, Block 1, O’Brien
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($9,813.40)
Lot 13, Block 2, O’Brien
Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska
($6,674.68)
PASSED AND APPROVED THIS 12TH DAY OF
APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
4.
Approve Supplemental Agreement No. 1 between the City of Kearney and the
Nebraska Department of Roads [Project No. ELEC-30-4(1039)] to allow the City to
use federal STP funds for traffic signal installation at the intersection of
Highway 30 (25th Street) and Avenue E and approve Resolution No. 2005-48.
RESOLUTION NO. 2005-48
WHEREAS, the City of Kearney and the Nebraska Department of Roads entered into
an agreement on May 11, 2004 that provided for traffic installation at the
intersection of 25th Street (Highway 30) and Avenue E; and
WHEREAS, it is now necessary that the agreement be supplemented to allow the
City to use federal STP funds toward its share of the project costs.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the President of the Council be and is hereby
authorized and directed to execute Supplemental Agreement No. 1 between the
City of Kearney and the Nebraska Department of Roads for Project No.
ELEC-30-4(1039) to allow the City to use federal STP funds for traffic signal
installation at the intersection of 25th Street (Highway 30) and Avenue E, a
copy of said Supplemental Agreement No. 1 is attached hereto and made a part
hereof by reference.
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
6.
Authorize the Mayor to execute the Certificate of Title for Airport Improvement
Project Nos. 3-31-0045-15 for commercial and general aviation ramp milling and
resurfacing project and 3-31-0045-16 for the new Snow Removal Equipment
building and approve Resolution No. 2005-50.
RESOLUTION NO. 2005-50
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the President of the Council be and is hereby authorized and directed to
execute the Certificate of Title for Airport Improvement Project No.
3-31-0045-15 for commercial and general aviation ramp milling and resurfacing
project and Airport Improvement Project No. 3-31-0045-16 for the new Snow
Removal Equipment building
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
7.
Authorize the Mayor to execute the Grant Agreements for Airport Improvement
Project Nos. 3-31-0045-15 for commercial and general aviation ramp milling and
resurfacing project and 3-31-0045-16 for the new Snow Removal Equipment
building and approve Resolution No. 2005-51.
RESOLUTION NO. 2005-51
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the President of the Council be and is hereby authorized and directed to
execute the Grant Agreements for Airport Improvement Project No. 3-31-0045-15
for commercial and general aviation ramp milling and resurfacing project and
Airport Improvement Project No. 3-31-0045-16 for the new Snow Removal Equipment
building
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
8.
Approve the request submitted by Cathleen Headlee to extend Conditional Use
Permit No. 95-02 to locate a dog grooming business at 211 East 30th Street for
a period of one year.
9.
Approve the request submitted by Terry Broadfoot to extend Conditional Use
Permit No. 2000-03 to operate a gravel mining operation located ¾ mile west of
Fort Kearny Inn and south of I-80 for a period of five years.
10.
Authorize the City Manager to sign checks, drafts or other withdrawal orders
issued against the funds of the City on deposit with designated depositories
and approve Resolution No. 2005-52.
RESOLUTION
NO. 2005-52
WHEREAS, the President and City Council have determined that it is appropriate
and proper to designate various banks as depositories for funds of the City of
Kearney; and
WHEREAS, the President and City Council have determined that it is appropriate
and proper to designate who will sign checks, drafts or other withdrawal orders
issued against the funds of the City on deposit with said depositories.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that Wells Fargo Bank Nebraska, N.A. of Kearney, Platte
Valley State Bank & Trust Company of Kearney, Kearney State Bank &
Trust Company of Kearney, US Bank of Kearney, Nebraska National Bank of
Kearney, Commercial Federal Bank of Kearney, TierOne Bank of Kearney, Five
Points Bank of Kearney, and Geneva State Bank of Kearney be and are hereby
designated as city depository banks. However, such designation as a city
depository shall not be exclusive and shall not be determined in any way to
constitute a franchise to the exclusion of other designated depositories.
BE IT FURTHER RESOLVED by the President and City
Council of the City of Kearney, Nebraska that checks, drafts or other
withdrawal orders issued against the funds of the City on deposit with said
depositories be signed by any one of the following who now hold offices or
positions with the City:
Michael W. Morgan, City Manager
Wendell R. Wessels, Director of Finance and Administration
Nancy Roth, Accounting Technician
BE IT FURTHER RESOLVED that all resolutions and parts of
resolutions in conflict herewith are hereby repealed and that Resolution No.
2004-164 is hereby specifically rescinded and repealed.
PASSED AND APPROVED THIS 12TH DAY OF
APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
11.
Approve the Developer Constructed Infrastructure Agreement for Talmadge Center
Addition with South Side Realty, Talmadge Land, and First National Bank and
Trust Company of Minden to construct public improvements in 1st Avenue Place
and approve Resolution No. 2005-53.
RESOLUTION
NO. 2005-53
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the agreement entitled “Developer Constructed Infrastructure Agreement”
for Talmadge Center Addition, an addition to the City of Kearney, Buffalo
County, Nebraska be and is hereby accepted and approved. A copy of said
Agreement marked Exhibit 1 is attached hereto, negotiated by and between the
City of Kearney and South Side Realty, Talmadge Land, and First National Bank
and Trust Company of Minden to construct public improvements in 1st Avenue
Place.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the same agreement on behalf of the City of
Kearney.
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
12.
Approve the application for a Special Designated License submitted by JUAN
LAZO, dba “El Tropico” in connection with their Class BM37624 liquor license to
dispense beer and distilled spirits in the Exposition Building at the Buffalo
County Fairgrounds, 3807 Avenue N, on May 29, 2005 from 6:00 p.m. until 12:00
a.m. for a Mexican dance.
13.
Approve the request submitted by the First Baptist Church to expand the parking
capacity at the Church by replacing the parallel parking on the north side of
38th Street as it abuts the church property with angle parking.
14. Approve the
application for a Special Designated License submitted by NIGHT LIFE CONCEPTS
INC., dba “Cunningham’s Journal” in connection with their Class CK59311 liquor
license to dispense beer, wine and distilled spirits in the Exhibit Building
located at the Buffalo County Fairgrounds, 3807 Avenue N, on May 7, 2005 from
7:00 p.m. until 12:00 a.m. for Cinco de Mayo celebration.
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7153 – AMEND CHAPTERS 13, 14 AND 46 TO INCLUDE
THERAPEUTIC RIDING
At the March 8, 2005
Council meeting, Council member Clouse was absent and Council member Kearney
abstained from discussion and voting because of a conflict of interest. The
Council conducted the public hearing on the proposed amendments to Chapters 13,
14 and 46 of the Unified Land Development Ordinance, a part of the City Code,
to include therapeutic riding as an allowable use in a “District M-1, Limited
Industrial District” zone with a Conditional Use Permit. The public hearing was
also conducted on the application for a Conditional Use Permit submitted by Teressa
Rundstrom for Hability Solution Services, Inc. (Applicant) and Liehs Drilling
and Ron Blessing (Owner) to allow the use of horses for therapy on property zoned
“District M-1, Limited Industrial District” and located at 3112 Antelope
Avenue.
Both public hearings were conducted and closed in accordance
to law and Ordinance Nos. 7153 and 7154 were placed on first reading. At the March
22, 2005 meeting, Council member Kearney abstained and Council member
Buschkoetter was absent and the second reading of the ordinances took
place. Ordinance Nos. 7153 and 7154 now need to be placed on third and
final reading.
Moved by Lear seconded by Buschkoetter that Ordinance No.
7153 amending Chapter 13 “Use Types”, Chapter 14 “Zoning District Regulations”,
and Chapter 46 “Supplemental Uses Regulations” of the Unified Land Development
Ordinance, being a part of the Code of the City of Kearney to include
therapeutic riding as an allowable use in a “District M-1, Limited Industrial
District” zone with a Conditional Use Permit be placed on third reading, and
moved that the ordinance be read by title on three different days.
President of the Council asked for discussion or if anyone in the audience was
interested in the ordinance. No one responded. Clerk called the roll which
resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None.
Kearney abstaining. City Clerk read Ordinance No. 7153 by title only on third
reading.
ORDINANCE NO. 7153
AN ORDINANCE OF THE CITY OF KEARNEY,
NEBRASKA TO AMEND SECTION 13-109 “INDUSTRIAL USE TYPES” OF CHAPTER 13 “USE
TYPES”, TABLE 14-1 “USE MATRIX” OF CHAPTER 14 “ZONING DISTRICT REGULATIONS”,
AND SECTION 46-107 “SUPPLEMENTAL USE REGULATIONS: INDUSTRIAL USES” OF THE
UNIFIED LAND DEVELOPMENT ORDINANCE, A PART OF THE CODE OF THE CITY OF KEARNEY,
NEBRASKA; TO INCLUDE THERAPEUTIC RIDING AS AN ALLOWABLE USE IN A “DISTRICT M-1,
LIMITED INDUSTRIAL DISTRICT” ZONE WITH A CONDITIONAL USE PERMIT; TO REPEAL ALL
ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND TO
PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL AND
EFFECTIVE DATE OF THIS ORDINANCE.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7153 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney
abstaining. Motion carried.
By reason of the roll call voted on the third reading and
final passage of the ordinance, Ordinance No. 7153 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. 7154 – CONDITIONAL USE PERMIT TO HABILITY
SOLUTION SERVICES; 3112 ANTELOPE AVENUE
Moved by Lear seconded by Buschkoetter that Ordinance No.
7154 granting a Conditional Use Permit to Teressa Rundstrom for Hability Solution
Services, Inc. (Applicant) and Liehs Drilling and Ron Blessing (Owner) to allow
the use of horses for therapy on property zoned “District M-1, Limited
Industrial District” and described as a tract of land being part of Lot 1, part
of Lot 2, and part of Lot 11, all in St. Luke’s Good Samaritan Village, an
addition to the City of Kearney, Buffalo County, Nebraska (3112 Antelope
Avenue) be placed on third reading, and moved that the ordinance be read by
title on three different days. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Hadley,
Clouse, Buschkoetter, Lear. Nay: None. Kearney abstaining. City Clerk read
Ordinance No. 7154 by title only on third reading.
ORDINANCE NO. 7154
AN ORDINANCE OF THE CITY OF KEARNEY,
NEBRASKA, GRANTING A CONDITIONAL USE PERMIT TO TERESSA RUNDSTROM FOR HABILITY
SOLUTION SERVICES, INC. (APPLICANT) AND LIEHS DRILLING AND RON BLESSING (OWNER)
TO ALLOW THE USE OF HORSES FOR THERAPY ON PROPERTY ZONED “DISTRICT M-1, LIMITED
INDUSTRIAL DISTRICT” AND DESCRIBED AS A TRACT OF LAND BEING PART OF LOT 1, PART
OF LOT 2, AND PART OF LOT 11, ALL IN ST. LUKE’S GOOD SAMARITAN VILLAGE, AN
ADDITION TO THE CITY OF KEARNEY, BUFFALO COUNTY, NEBRASKA (3112 ANTELOPE
AVENUE), AS MADE AND PROVIDED BY CHAPTER 59 “ADMINISTRATION AND PROCEDURES”,
SECTION 59-103 “CONDITIONAL USE PERMITS” OF THE UNIFIED LAND DEVELOPMENT
ORDINANCE, A PART OF THE CITY CODE OF THE CITY OF KEARNEY, BUFFALO COUNTY,
NEBRASKA; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY THE AUTHORITY OF
THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7154 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney
abstained. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7154 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
VI. REGULAR AGENDA
ORDINANCE NO. 7157 – VACATE LOTS IN SUNNY MEADOWS ESTATES
Council Member Hadley introduced Ordinance No. 7157, being
Subsection 2 of Agenda Item VI to vacate Lots 1, 2 and 3 of Block 3, Sunny Meadows
Estates, an addition to the City of Kearney, Buffalo County, Nebraska (south of
the intersection of 22nd Avenue and 42nd 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 Kearney seconded the
motion to suspend the rules. President of the Council asked for discussion or
if anyone in the audience was interested in the ordinance. No one responded.
Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter,
Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7157 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Kearney seconded by Clouse that Ordinance No. 7157 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7157 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. 7158 – VACATE CUL-DE-SAC WEST OF 22ND AVENUE
Council Member Hadley introduced Ordinance No. 7158, being
Subsection 3 of Agenda Item VI to vacate the cul-de-sac lying west of 22nd
Avenue north of 39th Street and south of 42nd Street as it abuts Lots 1, 2 and
3 of Block 3, Sunny Meadows Estates, an addition to the City of Kearney,
Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd
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 Kearney seconded the motion to suspend the rules. President of
the Council asked for discussion or if anyone in the audience was interested in
the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to
suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read Ordinance
No. 7158 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter,
Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.
Moved by Kearney seconded by Clouse that Ordinance No. 7158 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7158 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. 7159 – REZONE SOUTH OF THE INTERSECTION OF
22ND AVENUE AND 42ND STREET
Council Member Hadley introduced Ordinance No. 7159, being
Subsection 4 of Agenda Item VI to rezone from
“District R-1, Urban Residential Single-Family District (Low Density)” to
“District R-2, Urban Residential Mixed-Density District” property described as a
tract of land being part of the West Half of the Southeast Quarter of Section
27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska,
formerly known as Lots 1, 2, 3 of Block 3, Sunny Meadows Estates to the City of
Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and
42nd 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 Kearney seconded the motion to suspend the rules.
President of the Council asked for discussion or if anyone in the audience was
interested in the ordinance. No one responded. Clerk called the roll which
resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay:
None. Motion to suspend the rules having been concurred in by three-fourths of
the City Council, said motion was declared passed and adopted. City Clerk read
Ordinance No. 7159 by number. Roll call of those in favor of the passage of
said ordinance on the first reading resulted as follows: Aye: Hadley,
Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was
read by number.
Moved by Kearney seconded by Clouse that Ordinance No. 7159 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7159 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
FINAL PLAT – SUNNY MEADOWS ESTATES THIRD
Mayor Hadley opened for discussion the application submitted
by Mitch Humphrey (Applicant) for Daniel Roeder (Owner) for final plat approval
of “SUNNY MEADOWS ESTATES THIRD”, an addition to the City of Kearney, Buffalo
County, Nebraska for a tract of land described as being part of the West Half
of the Southeast Quarter of Section 27, Township 9 North, Range 16 West of the
6th P.M., Buffalo County, Nebraska (south of the intersection of 22nd Avenue
and 42nd Street) and to consider approval of Resolution No. 2005-54 subject to
the effective date of Ordinance Nos. 7157, 7158 and 7159. Planning Commission recommended approval.
Mitch Humphrey from Buffalo Surveying stated this is
somewhat of a difficult piece of property to develop. With the approval
of the Council tonight they will build a duplex and a tri-plex on this property
which will fit in very nicely with the neighborhood. He has been told
that the neighbors have been contacted and seem to agree that something needs
to be done in a positive manner with this area. Council member Buschkoetter
commented that from the plans, it appears there will be a good sized retaining
wall on the back side of that property. He just made an observation there
is a pretty good slope there and could not think of another instance where he
has seen this large of a retaining wall, but said he is not concerned about
it. Director of Public Works stated there is a retaining wall on the
corner of 39th Street and 2nd Avenue (Nick’s Gyro’s location) and on North Lake
Drive going down to the bottom of the hill there is a sizable one. Walls
of that size do require building permits and must have engineering for those as
part of the process.
Moved by Clouse seconded by Lear to approve the application
submitted by Mitch Humphrey (Applicant) for Daniel Roeder (Owner) for final
plat approval of “SUNNY MEADOWS ESTATES THIRD”, an addition to the City of
Kearney, Buffalo County, Nebraska for a tract of land described as being part
of the West Half of the Southeast Quarter of Section 27, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of the
intersection of 22nd Avenue and 42nd Street) and approve Resolution No. 2005-54
subject to the effective date of Ordinance Nos. 7157, 7158 and 7159. Roll call
resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay:
None. Motion carried.
RESOLUTION
NO. 2005-54
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “SUNNY MEADOWS ESTATES THIRD”, an addition to the City of
Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified,
and the same hereby is approved 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 12TH DAY OF april,
2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
ORDINANCE NO. 7160 – REZONING ONE HALF MILE EAST OF THE
INTERSECTION OF ANTELOPE AVENUE AND 11TH STREET
Council Member Lear introduced Ordinance No. 7160, being
Subsection 6 of Agenda Item VI to rezone from
“District AG, Agricultural District” to “District RR-1, Rural Residential
District (Rural Standards)” property described as a tract of land being
part of the East Half of the Northwest Quarter of Section 8, Township 8 North,
Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County,
Nebraska (one half mile east of the intersection of Antelope Avenue and 11th
Street), and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage.
Council Member Buschkoetter seconded the motion to suspend the rules. President
of the Council asked for discussion or if anyone in the audience was interested
in the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Hadley, Kearney, Buschkoetter, Lear, 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. 7160 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Hadley, Kearney,
Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7160 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Buschkoetter, Lear, 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. 7160 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
FINAL PLAT – ARCHVIEW ESTATES
Mayor Hadley opened for discussion the application submitted
by Mitch Humphrey (Applicant) for Steven Mercer (Owner) for final plat approval
of “ARCHVIEW ESTATES”, a subdivision in Buffalo County, Nebraska for a tract of
land described as being part of the East Half of the Northwest Quarter of
Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3
acres, more or less, Buffalo County, Nebraska (one half mile east of the
intersection of Antelope Avenue and 11th Street) and to consider approval of
Resolution No. 2005-55. Planning Commission
recommended approval.
Mitch Humphrey from Buffalo Surveying stated this request
will dedicate 50 feet of right-of-way for use on 11th Street. Since 11th
Street will accommodate quite a bit of traffic, this will benefit the City at
the same time by its approval.
Moved by Hadley seconded by Kearney to approve the
application submitted by Mitch Humphrey (Applicant) for Steven Mercer (Owner)
for final plat approval of “ARCHVIEW ESTATES”, a subdivision in Buffalo County,
Nebraska for a tract of land described as being part of the East Half of the
Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th
P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half
mile east of the intersection of Antelope Avenue and 11th Street) and approve
Resolution No. 2005-55. Roll call resulted as follows: Aye: Hadley, Lear,
Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2005-55
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “ARCHVIEW ESTATES” a subdivision being part of the East Half
of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the
6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska, and in
accordance with the terms and requirements of Sections 16-901 through 16-904
inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded
in the Office of the Register of Deeds, Buffalo County, Nebraska.
BE IT FURTHER RESOLVED that the
President of the Council be and is hereby authorized and directed to execute
the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
ORDINANCE NO. 7161 – AMEND TABLE 14-1 “USE MATRIX”
Moved by Kearney seconded by Clouse that Ordinance No. 7161
be withdrawn. Roll call resulted as follows: Aye: Hadley, Clouse,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
SHOOTERS MANAGER APPLICATION
Mayor Hadley opened for discussion the Application for
Corporate Manager for Kevin Hibbs submitted by KEARNEY SHOOTERS INC., dba
“Shooters” located at 2023 1st Avenue in connection with their Class C67029
liquor license.
Kevin Hibbs, 1111 West 22nd Street, presented this matter to
the Council. He stated that they are going to offer a $25.00 reward to anyone who
identifies a fake ID at the bar. They are going to have the Kearney
Police Department give a demonstration to all the employees on how to check ID
and identify minors. They will be very strict in their establishment.
Moved by Clouse seconded by Lear to approve the Application
for Corporate Manager for Kevin Hibbs submitted by KEARNEY SHOOTERS INC., dba
“Shooters” located at 2023 1st Avenue in connection with their Class C67029
liquor license. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear,
Clouse, Kearney. Nay: None. Motion carried.
2005 PART II IMPROVEMENTS – NEGOTIATE WITH LOW BIDDER
Mayor Hadley opened for discussion the bids received for the
2005 Part II Improvements consisting of Water Connection District No. 2005-1
for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No.
2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and
Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to
56th Street, water main replacements under the Union Pacific Railroad tracks at
5th Avenue and Avenue C, and three water valve replacements located at 21st
Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st
Street, and on 21st Street just west of Central Avenue and to consider approval
of Resolution No. 2005-56 authorizing Administration to negotiate with the low
bidder.
In this year’s budget, the
Utilities Department included $800,000.00 for the 2005 Part II Improvements.
On March 14, 2005 sealed
bids were received for the 2005 Part II Improvements. Three bids were received.
All of the bids exceeded the engineer’s estimate of $890,082.14. Midlands
Contracting submitted the low bid in the amount of $928,955.03.
Section 16-321(7) of the Nebraska Revised Statutes, copy
attached, states that “…if the bids received exceed the engineer’s estimated
cost, the mayor and the city council may negotiate a contract in an attempt to
complete the proposed enlargement or general improvements at a cost commensurate
with the estimate given.
The low bid received for the 2005 Part II Improvements
exceeds the engineer’s estimate by approximately $39,000.00 and the City budget
by approximately $129,000.00. The work should not be awarded until the cost can
be negotiated to an amount commensurate with the estimate and the budget. If
the cost can be negotiated to an acceptable amount, the matter will come back
to the Council for approval.
Reed Miller from Miller & Associates stated that this
project consists of some valve replacements, undercrossings for the railroad
and a major water extension on 56th Street. On March 14th the City
received three bids and the low bid was from Midlands Contracting for
$928,955.03. It was 4.4 percent over the Engineer’s Estimate. He
asked for the City Administration’s authorization to negotiate the project cost
commensurate with the engineer’s opinion of probable construction cost to get
it down to the engineer’s opinion of $889,482.13. This would be brought
back to Council for approval.
Moved by Lear seconded by Buschkoetter to approve Resolution
No. 2005-56 authorizing Administration to negotiate with the low bidder. Roll
call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2005-56
WHEREAS, Miller & Associates and
the City of Kearney have reviewed the sealed bids which were opened on March
14, 2005, at 2:00 p.m. for the 2005 Part II Improvements consisting of
Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th
Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street
north a distance of 1,033 feet, and Water Connection District No. 2005-3 for
30th Avenue from 48th Street north to 56th Street, water main replacements under
the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water
valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on
1st Avenue just south of 21st Street, and on 21st Street just west of Central
Avenue; and
WHEREAS, the Engineer’s Opinion of
Probable Construction Cost for the 2005 Part II Improvements was
$889,482.13; and
WHEREAS, the City received three
bids for the 2005 Part II Improvements which exceeded the Engineer’s
estimate.
NOW, THEREFORE, BE IT RESOLVED by
the President and City Council of the City of Kearney, Nebraska that in
accordance with Section 16-321(7) of the Nebraska Revised Statutes, the City
Council hereby directs and authorizes the City Manager to negotiate a contract
for services, material or labor as are required to construct the 2005 Part
II Improvements at a cost commensurate with the Engineer’s Estimate.
Any contract negotiated shall be resubmitted to the City Council for final
approval.
PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
AWARD BID FOR 2005 CEMETERY PAVING IMPROVEMENTS
Mayor Hadley opened for discussion the bids received for the
2005 Cemetery Paving Improvements and to consider approval of Resolution No.
2005-57 awarding the bid to Blessing, LLC in the amount of $109,477.00.
The Cemetery Road Replacement project will be done in phases
over five years. The third year’s work has been designed and put out for
bids. Bids for this phase of the project were opened on March 15, 2005.
Last year, Concrete Workers was awarded the bid to do the
second phase. The City received the following bids:
Blessing,
LLC
$109,477.00
Nixon Construction $120,221.63
Concrete Workers $121,685.36
Blessing LLC had the lowest bid for the project in the
amount of $109,477.00. Their bid was also 13% below the Engineer’s
estimate of $125,739.00 for the project. The contractor’s completion date is
August 31, 2005.
Kent Cordes from Miller & Associates stated the contract
stipulates that there will be times during funerals that certain types of work
will not be allowed. This was also stipulated in the last two projects
and essentially is left up to the Cemetery staff to determine what work is
appropriate to be doing. They also do a good job of keeping the
contractors up-to-date of the schedule of what funerals are coming up so they
can work around them. Director of Pubic Works stated that working with
the sexton at the Cemetery has gone pretty smooth during the last two
projects.
Council member Clouse asked if it is not done by the
completion date with the amount of window that has been given, what will
happen? Mr. Cordes stated there are provisions for liquidated damages in
the contract in the amount of $400 per day for each calendar day that would
expire beyond the provisions of the contract. Council member Clouse
commented that due to the number of days they might be prohibited to work,
would it be difficult to implement the $400 per day because that gives them
quite a bit of “wiggle room.” Mr. Cordes stated they have allotted a
larger window than the number of days that have been given to them to
work. They are given 60 days to finish the project once they are given
the notice to proceed, but there is really a 90-day window in there to complete
the work.
Council member Kearney asked if the $400 a day liquidated
damages is the same for all projects. Director of Public Works stated
that on larger dollar amounts they are using a scale and the liquidated damages
will be increased. The 30th Avenue project (recently completed on the
south side of Highway 30) damages went from $400 on the north side using the
scale to $1,200-$1,300 on the south side.
Moved by Buschkoetter seconded by Hadley to approve the bids
received for the 2005 Cemetery Paving Improvements and approve Resolution No.
2005-57 awarding the bid to Blessing, LLC in the amount of $109,477.00. Roll
call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear.
Nay: None. Motion carried.
RESOLUTION
NO. 2005-57
WHEREAS, Miller & Associates and the City of Kearney have reviewed the
sealed bids which were opened on March 15, 2005, at 2:00 p.m. for the 2005
Cemetery Paving Improvements; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $125,739.00; and
WHEREAS, the said engineers have
recommended the bid offered by Blessing, LLC 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 Blessing, LLC of Kearney, Nebraska be and is the lowest
responsible bidder for the 2005 Cemetery Paving Improvements to be constructed
in accordance with the plans and specifications on file with the City Clerk and
that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $109,477.00 be
and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
2005 Cemetery Paving Improvements in the amount of $125,739.00 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 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
AWARD BID FOR HIKE/BIKE TRAIL AT YANNEY PARK
Mayor Hadley opened for discussion the bids received for the
construction of the south loop of the hike/bike trail for the E.K. & Mary Yanney
Heritage Park and to consider approval of Resolution No. 2005-58 awarding the
bid to Blessing, LLC in the amount of $64,990.59.
The City applied for Nebraska Game and Parks Commission
Trails Development Assistance Fund for $70,149.01 to complete the southern
trail loop through Yanney Park. The grant is administered by the City with the
E.K. & Mary Yanney Heritage Park Foundation providing the 50% ($35,074.05)
match.
Bids were received and opened on Monday, March 28, 2005 with
two bids being received: (1) from Blessing, LLC in the amount of $64,990.59,
and (2) from Concrete Workers, Inc. in the amount of $66,916.66. The bid
included a base bid and Alternates A through D. The engineer’s estimate was
$68,987.49. Project is to be completed in June.
Council member Clouse asked for an explanation of the
alternates. Paul Brungardt from Brungardt Engineering stated the base bid
is for a 2,000 foot trail that extends from the south parking lot and loops
around the south edge of the existing lake and ties into the existing Hike/Bike
Trail in the southeast corner. Alternate A includes an additional 200
foot strip of trail that would extend up to northwest of Mitzi’s Pavilion
(attaching to the existing trail there). Alternate B extends another 200
foot on the same trail alignment up around the west side of the lake.
Alternate C connects from the south edge of the pedestrian bridge over to the
proposed Hike/Bike Trail on the southeast corner. Alternate D a 4-foot
sidewalk that connects the splash park and the shelter that is located south of
the lake.
Moved by Hadley seconded by Kearney to approve the bids received
for the construction of the south loop of the hike/bike trail for the E.K.
& Mary Yanney Heritage Park and approve Resolution No. 2005-58 awarding the
bid to Blessing, LLC in the amount of $64,990.59. Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion
carried.
RESOLUTION
NO. 2005-58
WHEREAS, Brungardt Engineering and the City of Kearney have reviewed the sealed
bids which were opened on March 28, 2005, at 2:00 p.m. for the construction of
the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage
Park; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $68,987.49; and
WHEREAS, the said engineer has
recommended the bid offered by Blessing, LLC 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 engineer’s recommendation is hereby accepted and approved,
that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder
for the construction of the south loop of the hike/bike trail for the E.K.
& Mary Yanney Heritage Park to be constructed in accordance with the plans
and specifications on file with the City Clerk and that the bid of Blessing,
LLC of Kearney, Nebraska in the sum of $64,990.59 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
the construction of the south loop of the hike/bike trail for the E.K. &
Mary Yanney Heritage Park in the amount of $68,987.49 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 12TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
ORDINANCE NO. 7162 – AMEND SECTION 3-1816 OF CITY CODE
City Clerk presented this matter to the Council. The Liquor
Control Commission establishes the regulations pertaining to liquor licenses in
the State of Nebraska. Section 53-124 of the Nebraska Statutes sets forth the
fees for each license. The current license fees were established by the Liquor
Control Commission as early as 1935. Section 53-132 of the Nebraska
Statutes allows cities to collect an occupation tax in any sum not to exceed
two times the amount of the license fee required to be paid under the act to
obtain such license. Section 3-1816 of the Kearney City Code sets forth the
amount of the annual occupation taxes collected upon businesses distributing
and selling alcoholic liquor, including beer.
Last year, the Nebraska Legislature passed LB 485
restructuring the retail liquor licenses and fees. This is a major change in
classifications of all retail liquor licenses. This bill, which goes into
effect May 1, 2005, takes all of the different classifications and reduces them
to five different types. The remaining types will be:
A – beer on sale only
B – beer off sale only
C – alcoholic liquor (beer, wine and distilled spirits) on and off sale
D – alcoholic liquor (beer, wine and distilled spirits) off sale only
I – alcoholic liquor (beer, wine and distilled spirits) on sale only
Some of the differences the City will see:
1 – Any combination will be allowed, i.e. AB; AD or IB
2 – Catering “K” license will be available on all types
3 – License fee for “D” will be collected at local level
4 – Increase in license fees, collected at the local level, will be as follows:
|
A – from
|
$10-$100
|
to
|
$100
|
|
B – from
|
$25
|
to
|
$100
|
|
C – from
|
$250
|
to
|
$300
|
|
D – from
|
$150
|
to
|
$200
|
|
I – from
|
$200
|
to
|
$250
|
5 – Effective May 1, 2005 holders of a “J” license shall be issued an “I”
license.
Another change is that all new licenses issued effective May
1, 2005, license fees and occupation taxes will be prorated. When there is a
purchase of an existing licensed business and a new license of the same class
is issued or, upon the issuance of a new license for a location which has not
been previously licenses, the license fee and occupation taxes shall be
prorated on a quarterly basis as of the date of issuance.
Another change will be that there will not be any
restrictions on jurisdictional boundaries on any type of license being applied
for. What this means is that any application received for an A, B, D, or I (or
any combination of these types licenses) can be applied for within the city
limits or outside corporate limits. Recommendations will be requested from the
appropriate jurisdictions.
The annual occupation tax for businesses that have a liquor license
has not been amended for several years. The increase of the annual occupation
tax will generate additional revenue for the City. The City collects the
license fee on behalf of the Liquor Control Commission and, in accordance with
Section 53-138.01 of the Nebraska Revised Statutes, submits it to the school
district.
Council Member Kearney introduced Ordinance No. 7162, being
Subsection 13 of Agenda Item VI to amend Section 3-1816 “Schedule; Alcoholic
Beverage Dealers, Distributors” of Article 18 “Occupation, Business and Other
Taxes” of Chapter 3 “Business Regulations” of the Code of the City of Kearney,
Nebraska to increase the amount of occupation taxes in accordance with the
statutes, and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage.
Council Member Clouse seconded the motion to suspend the rules. President of
the Council asked for discussion or if anyone in the audience was interested in
the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to
suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read Ordinance
No. 7162 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter,
Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Lear that Ordinance No. 7162 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7162 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. 7163 – CREATE PAVING DISTRICT NO. 2005-896
Subsections 14 through 19 were discussed and voted on
together. Chapter 16 of the Nebraska Revised Statutes spells out the
rules by which paving, water, and sewer districts may be created in public
entities. Basically, the Council has the power to create districts and
make improvements and assess the costs to the property which is benefited by
the improvements.
After such a district has been requested, the Mayor and
Council by ordinance shall create districts according to Sections 16-619 and
16-667 of the Nebraska Revised Statutes. At that time, the City must
publish notice of the creation of the district one time each week for not less
than 20 days in a daily or weekly newspaper of general circulation in the
City. After publication, if the owners of the record title representing
more than 50% of the front footage of the property abutting or adjoining any
continuous or extending improvements objects in writing within 20 days (30 days
for sewer) from the first publication of said notice the work will not be
done. If objections are not filed against the district in a timely manner
which meets the law, the Mayor and Council shall proceed to construct such
improvements.
The City received a letter from Bill McCracken requesting
that paving and sewer districts be created within LaPlatte Road, Cedar Lane and
Redwood Lane. According to the state statutes, the Council has the
authority to pass ordinances which would create the districts and begin the
process prescribed by law.
Because the developer has requested to develop this land,
the ordinances require him to deposit fifty percent of the total estimated cost
of the districts as provided in Section 57-102 of the Unified Land Development Ordinance,
being a part of the Kearney City Code. Any remaining unpaid costs of the
improvements shall be assessed against the property in said districts on a
basis of special benefit to the property, if any, as provided by law.
Council Member Lear introduced Ordinance No. 7163, being
Subsection 14 of Agenda Item VI to create Paving Improvement District No.
2005-896 for LaPlatte Road from the east line of Plaza Boulevard, thence
east/southeasterly to the south lot line of Lot 10 of Block 2, and the south
line of Lot 27 of Block 3, Kearney Plaza Subdivision to the City of Kearney,
Buffalo County, Nebraska, and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Buschkoetter seconded the motion to suspend
the rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk called the
roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear.
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. 7163 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7163 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7163 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. 7164 – CREATE SEWER DISTRICT NO. 2005-480
Council Member Lear introduced Ordinance No. 7164, being
Subsection 15 of Agenda Item VI to create Sewer District No. 2005-480 for LaPlatte
Road from the east line of Plaza Boulevard, thence east/southeasterly to the
south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3,
Kearney Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska, and
moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member
Buschkoetter seconded the motion to suspend the rules. President of the Council
asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. 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. 7164 by
number. Roll call of those in favor of the passage of said ordinance on the
first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter,
Lear. Nay: None. Motion carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No. 7164
be passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7164 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. 7165 – CREATE PAVING DISTRICT NO. 2005-897
Council Member Lear introduced Ordinance No. 7165, being
Subsection 16 of Agenda Item VI to create Paving Improvement District No.
2005-897 for Cedar Lane from the east right-of-way line of LaPlatte Road to its
terminus in a cul-de-sac, 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: Hadley, Clouse, Kearney, Buschkoetter, Lear.
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. 7165 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7165 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7165 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. 7166 – CREATE SEWER DISTRICT NO. 2005-481
Council Member Lear introduced Ordinance No. 7166, being
Subsection 17 of Agenda Item VI to create Sewer District No. 2005-481 for Cedar
Lane from the east right-of-way line of LaPlatte Road to its terminus in a
cul-de-sac, 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: Hadley, Clouse, Kearney, Buschkoetter, Lear. 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. 7166 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Hadley, Clouse,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7166 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7166 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. 7167 – CREATE PAVING DISTRICT NO. 2005-898
Council Member Lear introduced Ordinance No. 7167, being
Subsection 18 of Agenda Item VI to create Paving Improvement District No.
2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to
its terminus in a cul-de-sac, 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: Hadley, Clouse, Kearney, Buschkoetter, Lear.
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. 7167 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7167 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7167 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. 7168 – CREATE SEWER DISTRICT NO. 2005-482
Council Member Lear introduced Ordinance No. 7168, being Subsection
19 of Agenda Item VI to create Sewer District No. 2005-482 for Redwood Lane
from the west right-of-way line of LaPlatte Road to its terminus in a
cul-de-sac, 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: Hadley, Clouse, Kearney, Buschkoetter, Lear. 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. 7168 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Hadley, Clouse,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7168 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7168 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. 7169 – CREATE PAVING DISTRICT NO. 2005-899
As you may remember, on February 22, 2005, the Council
approved an ordinance creating a paving improvement district for 11th Street
from 1st Avenue to 7th Avenue. Chapter 16 of the Nebraska Revised Statutes
spells out the rules by which paving, water, and sewer districts may be created
in public entities. Basically, the Council has the power to create
districts and make improvements and assess the costs to the property which is
benefited by the improvements.
At that time, the City published notice of the creation of
the district and notified the owners within the assessment boundaries.
Administration received several written objections (63.86%) from the property
owners within the proposed district and the Council repealed the paving
district on March 22, 2005.
The Council held a study session on April 5, 2005 and
discussed the current policy on assessing of streets being reconstructed within
the City. Those changes are being presented in the previous item on the
agenda. The improvements on 11th Street have been identified in the City
of Kearney’s One Year improvement Plan which was adopted early this year.
If the Council approves the changes to the assessment
policy, the staff has brought the re-creation of the paving of 11th Street back
to the Council with the ordinance being written in that no special assessments
will be levied against the property within the district and that the City will
pay the cost.
Mayor Hadley asked if this district is approved when will
the project actually start? Director of Public Works stated that it would
still go through the 30-day process even though the City is not assessing.
If over 50 percent of the abutting property owners do not want the
district it is petitioned out. The City will continue to work on the
plans in hopes that it will pass. He anticipated that after the district
is created they would bring in the plans and specs, go out for bids which is
another 30-day process. This involves 60-70 days before the City gets all
the contracts back before a contractor could start the process. This is
depending on who the contractor is and what his workload is at that time.
We are hopeful that within 2-3 months this project would be underway.
Council member Clouse asked how the City is going to fund
this project which amounts to about $1,200,000. Director of Public Works
stated that the City would bond it with general obligation bonds paid by the
general tax payers.
Mayor Hadley asked about the 30-day protest period.
City Attorney stated the reason the district is created is for bond
purposes. In order to issue the bond, the City must create the
district. Mayor Hadley asked what is the option if the City determines
that it needs this district for the beltway? City Attorney responded that
the City could possibly do it without the district and have to go to some type
of internal funding. He did not recall that the City had been faced with
that situation. It could also be done in some kind of incremental, block
by block, approach of some kind. He stated that he would need to check
with Bond Counsel if that should be the situation.
Director of Public Works stated in the process he talked to
the majority of the owners that were opposed to it was not because of the
district itself, but the fact they had to pay for it. Mayor Hadley stated
he was hopeful that the City would do the communication with the property
owners to let them know the City’s feeling and how we are going to fund this.
The letters that are being sent to the affected property owners notifies them
that they will not be assessed.
Council member Kearney stated that the $1,200,000 is not all
new to our expense. The City planned to pick up over 50 percent of the
expense anyway because of the 36 foot width and being the owner of the
park. There was already 60-70 percent that was already in this year’s
budget. Director of Public Works stated that between the park and the
City picking up the cost of the R-2 district housing that would not have been
assessed anyway made the City’s share about 70 percent.
Robert McCoy, 3302 20th Avenue from Famous Fillmore’s,
stated that he wants to know more about the paving project and how it will affect
his business. He had met with City staff and looked at the plans and
still has questions. He has asked contractors and engineers and did not
believe that he has received a satisfactory answer. His concern is how to
get his customer onto his property with this change. Because of this project,
he is concerned about how people are going to get in and out of his property,
loss of parking stalls, moving his main sign and believes these are competitive
reasons to close his business. He feels overwhelmed about the whole
situation and looks impossible to overcome. He asked for answers to
questions like where the power pole, transformer, how water will flow down that
300 foot retaining wall, widening of the entrance to his drive.
Council member Clouse stated this is a tough situation and
the City has to try to work through it. Since this has transpired in the
last two weeks, he has received calls from those saying that the City still
needs to proceed with this project. Mr. McCoy stated what he would
like to see is moving that road south and taking advantage of that land that is
not being used. He has talked with his legal firm and pursuing options
about what to do if this ruins his business.
Council member Buschkoetter agreed this is a tough situation.
The City must consider the needs of the many and the needs of this
business. He stated that the Council has been elected by the people at
large of the City of Kearney and have to do what is best for the City as a
whole which is their duty.
Mr. McCoy stated he asked a few meetings back about
communication being open and better. Many people have come to him and
said where were the people in the City two years ago when he approached them
about expanding his restaurant and applied for permits to do so? He was
not informed at that time about this road project and he believed that it was
the City’s duty and responsibility to tell him about this. Mayor Hadley stated
this has been on the One and Six Year Plan since 1996 and this beltway concept
for 11th Street has been in it and is not new now, nor was it two years ago.
He asked Mr. McCoy if he was aware of that. Mr. McCoy stated that
the first time it really hit him was when the engineers came to measure in
February of this year. Mayor Hadley asked if there was responsibility on
Mr. McCoy’s part to know about what is in store for the major streets that his
property fronts on? Mr. McCoy agreed that his contractor probably should
know, but if he did not. The City should have told him when they applied
for the permits. If something had been said to him about this, he would not
have gone through with what he did. Mayor Hadley stated that it seemed
logical that as you drive on 11th street which is 4-lane for six blocks one way
and five blocks the other way that eventually the rest would be done all the
way to 2nd Avenue. It would not make sense to funnel a wide street coming
from the west down to a 2-lane at a major intersection. Mr. McCoy stated
he runs a restaurant and leaves planning things to contractors, architects, and
the City and none of them informed him.
City Manager stated as a point of clarification that the
description of the property is not real accurate. Mr. McCoy had stated he
was going to build to the south. Mr. McCoy did not build to the south and
today his property occupies City right-of-way and that is all the City is
taking is a small section of the corner. He just wanted to clarify that
this is not going through his restaurant; it is taking the City right-of-way
that has belonged to the City for sometime on the corner where his sign is
placed. Mr. McCoy responded that is true, but his plans were to go to the
south and was denied because he did not have the proper setback not because of
the new road.
City Attorney stated he did not want to leave the impression
that the City does not have the power to pave that street because they
do. There is an older statute that gives the City the power to pave
anything. He explained that they use this district procedure because that
is the required bonding mechanism.
City Manager encouraged City staff to get together with Mr.
McCoy and show him specific information where signs and drainage are
going. Director of Public Works stated they have been to the property and
walked the site with Mr. McCoy and had some suggestions about what the City
would be willing to do to alleviate some of his concerns. After the
district is created and before the City goes out for bids, the plans and
specifications will come back before the Council for review as to what exactly
will be built. Right now the only piece that will be needed is basically
a little bit of the radius on the corner coming off of 2nd Avenue, where
Fillmore’s sign is. The sign itself is okay. There is an option to take
it as a deeded right-of-way to the City or the City can take an easement for
the roadway, which will determine if the sign can stay where it is on that
particular corner. The same situation is across the street and they have
talked to both of the owners. They have also talked to that owner because
with the radius coming around there, the City will also need a little corner at
that location. That will be all the right-of-way the City will need.
Council Member Hadley introduced Ordinance No. 7169, being
Subsection 20 of Agenda Item VI to create Paving Improvement District No.
2005-899 for 11th Street from 1st Avenue to 7th Avenue, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Kearney seconded the
motion to suspend the rules. President of the Council asked for discussion or
if anyone in the audience was interested in the ordinance. No one responded.
Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter,
Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7169 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Kearney seconded by Clouse that Ordinance No. 7169 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7169 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.
OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT -
$197.57; FREMONT NATIONAL BANK - $35,555.95
Moved by Buschkoetter seconded by Hadley that Open Account
Claims in the amount of $197.57 payable to Nebraska Public Power District; and
$35,555.95 to Fremont National Bank be allowed. Roll call resulted as follows:
Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained.
Motion carried.
VII. REPORTS
LONG RANGE GOALS MEETING
City Manager Michael Morgan reminded the Council that the Special
Meeting to discuss the City’s Long Range Goals is scheduled for Tuesday, April
19, 2005 at 4:00 p.m. to be held at the Kearney Volunteer Fire Department
Training Complex, 4300 Piper Avenue.
VIII. ADJOURN
Moved by Hadley seconded by Lear that Council adjourn at
8:49 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter,
Lear, Clouse. Nay: None. Motion carried.
GALEN D.
HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK