COUNCIL AGENDA

City Council Chambers, 18 East 22nd Street

March 11, 2003

7:30 P.M.

 

 

I           ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA).

 

2.         Pledge of Allegiance;

            Boy Scouts Dan Hansen, Matt Hansen, Steven Hansen.

 

3.         Roll Call.

 

4.         Oral Communication - Recognition of visitors.

 

II          UNFINISHED  BUSINESS

 

None.

 

III         PUBLIC  HEARINGS

 

1.         REMAIN ON THE TABLE UNTIL MARCH 25, 2003.  Conduct a public hearing on the Appeal from the decision by the Planning Commission to approve the Application submitted by Jaylene Bashore (Applicant and Owner) for a Conditional Use Permit to locate a Bed and Breakfast on property zoned “District ICMU, Interstate Corridor Mixed Use District” and described as Lot 9 of Block 4, Lake Villa Estates, an addition to the City of Kearney, Buffalo County, Nebraska (510 Huron Drive).

 

2.         Conduct a public hearing on the Application submitted by Gene McElhinny (Applicant and Owner) for the inclusion of “CAMRON FIRST ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest quadrant of 56th Street and Avenue N) and approve Resolution No. 2003-33. (Planning Commission recommended approval.)

 

3.         Conduct a public hearing on the Application submitted by Gene McElhinny (Applicant and Owner) for final plat approval for “CAMRON FIRST ADDITION” of a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest quadrant of 56th Street and Avenue N) and approve Resolution No. 2003-34. (Planning Commission recommended approval. Administration recommends approval with the conditions that: (1) no building permit will be issued until the design of the stormwater detention system is finalized, including plans and computations being submitted to the City; and (2) an eight-foot wide hike-bike trail shall be installed on the west side of Avenue N as the lots develop; the City will pay for four feet of the proposed trail and the Developer will pay for four feet.)

 

4.         Conduct a public hearing on the Application submitted by Richard and Gwen Luth (Applicant and Owner) to rezone from “District C-3, General Commercial District” to “District M-2, General Industrial District” property described as Lots 8, 9, 10, 11, 12, 13 and 14 of Block 5, and one-half of the alley in Block 5, and that portion of Avenue P that abuts Lots 8 through 14, inclusive, of Block 5, all in Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska (between 22nd Street and 23rd Street and ½ block west of Avenue Q). (Planning Commission recommended approval.)

 

5.         Conduct a public hearing on the Application submitted by Myron Andersen for Andersen, Ltd. and Health System Enterprises (Applicant and Owner) for Planned District Development Plan Approval for the construction of a warehouse facility on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, Regency Acres Third Subdivision, Lots 1, 2 and 3 of Block 1, Windsor Estates Seventh Subdivision, all of Lot 1 and part of Lot 2, Deyle Charitable Trust, all in the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue) and approve Resolution No. 2003-35. (Planning Commission recommended approval subject to compliance of the following conditions: (1) no new access shall be provided from 2nd Avenue; (2) the existing parking spaces adjacent to 2nd Avenue will be removed and replaced with a detention area and landscaping; (3) the required parking places as defined in the comments shall be provided and shall be free of obstructions; (4) the area north of the building labeled as “Seasonal Garden Center” cannot be counted as parking stalls; (5) the area labeled “future parking” south of the warehouse facility shall be part of the development plan to provide the required parking stalls;(6) all landscaped areas shall be underground sprinkled; and (7) the spot elevations at the top and bottom end of the detention cell shall be provided prior to building permits being issued.  Administration also recommends that signs must comply with the Unified Land Development Ordinance and require a separate permit; and because of the increase in size, approval of the future west building will require future submission, review and approval of Development Plans.)

 

6.         Conduct a public hearing on the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single Family Residential” to “High Density Residential” property described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue) and approve Resolution No. 2003-36. (Planning Commission recommended approval.)

 

7.         Conduct a public hearing on the Application submitted by Lori Jean Trompke, Melinda L. Meade, Matthew E. and Jamie S. Lewis, John and Kathryn L. Manley, Sheryl A. Stansberry, Jacqueline and Kristen Krueger, Darin Brown, Marvin D. Fisher, Jr., Amanda C. Bean for Bean Rentals, Inc., Judy K. Eilers, Doris Voncile Brown, Jean M. Deke, David and Diana Jones, Shari Hofmann, Charles Thomas Workman, Daniel T. and Amber Scott, Robert L. and Brenda J. Chop (Applicants and Owners) to rezone from “District M-1/ND-1, Limited Industrial/Pioneer Park Neighborhood Conservation Overlay District” to “District R-3/ND-1, Urban Residential Multi-Family (Medium Density)/Pioneer Park Neighborhood Conservation Overlay District” property described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue). (Planning Commission recommended approval.)

 

8.         Conduct a public hearing on the proposed amendment to Section 9-501 “General Requirements; Permits Required” of Article 5 “Moving Buildings” of Chapter 9 “Public Works” of the Code of the City of Kearney to allow moving of structures within the City with requirements set by City Codes and Life Safety and not neighborhood opinion. (Planning Commission recommended approval as presented but add language that would establish the maximum elevation of the foundation for moved in buildings not to exceed the garden level specifications and that the details for the amendment be worked out between staff and the trades prior to the Council meeting and that the requirement of a legal description of the moved to property be added to the amendment.)

 

9.         Conduct a public hearing on the Application for a Class “C” (Beer, wine, and distilled spirits – On and Off Sale) Liquor License submitted by T.E. SHELDON, dba “The Roman” located at 2004 Central Avenue, consider Application for Corporate Manager of William Sheldon, and approve Resolution No. 2003-37. (Administration recommends approval subject to the basement being used as storage purposes only.)

 

IV         CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting of February 25, 2003.

 

2.         Approve Claims.

 

3.         Approve the Developer Constructed Infrastructure Agreement for Camron First Addition between the City of Kearney and Gene McElhinny and Tim Norwood and approve Resolution No. 2003-38.

 

4.         Approve the Application for a Special Designated License submitted by STEVE AND JONI PAULSEN, dba “The Sand Bar” in connection with their Class C/K28462 Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N, on March 29, 2003 from 4:00 p.m. until 1:00 a.m. for the Pheasants Forever Banquet.

 

5.         Approve Application and Certificate for Payment No. 1 in the amount of $11,285.45 submitted by Concrete Workers, Inc. for the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-859 for the alley between 26th Street and 27th Street from 1st Avenue to 2nd Avenue and approve Resolution No. 2003-39.

 

6.         Approve Change Order No. 2 for an increase in the amount of $20,770.00, Application and Certificate for Payment No. 4 in the amount of $40,561.86 submitted by Midlands Contracting, Inc. for the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F and approve Resolution No. 2003-40.

 

7.         Approve the request submitted by Julie Spiers on behalf of Kidz Explore to block off a portion of Platte Road, specifically from the first entrance of the arena parking lot to the west where the pavement ends, on April 26, 2003 from 9:00 a.m. until 6:00 p.m. and on April 27, 2003 from 12:00 p.m. until 5:00 p.m.

 

*           Any item listed on the Consent Agenda may, by the request of any single Council member, be considered as a separate item under the Regular Agenda Section of the Agenda.

 

V          CONSENT  AGENDA  ORDINANCES  *

 

1.         ORDINANCE NO. 6938 – Repeal Ordinance No. 6921 and to vacate part of Central Avenue lying north of the north line of 31st Street and south of the north lines of Lots 22 and 23, Northwest Quarter School Section Addition; to vacate all that part of 32nd Street as the same abuts Lot 5, abuts the east 16 feet of Lot 6, Greater Kearney Subdivision; to vacate that part of 1st Avenue abutting Lots 4, 5, and 6 and abutting the south 52.5 feet of Lot 7, Greater Kearney Subdivision; to vacate that part of Keiss Lane lying north of Lots 8 and 9 and lying south of Lot 10, except the east 31 feet thereof, Bergt and Keiss Subdivision; and to vacate all that part of Carlton Drive lying south of the north line of Lot 12, if extended easterly, as the same abuts part of Lot 7, and all of Lots 8 thru 12 Ragain's Subdivision, all in the City of Kearney, Buffalo County, Nebraska.

 

2.         ORDINANCE NO. 6939 – Repeal Ordinance No. 6922 and to vacate a portion of the following subdivisions as further described in the Ordinance: Good Samaritan Subdivision, Northwest Quarter of School Section Addition, Greater Kearney Subdivision, Southwest Quarter of School Section Addition, Wiley’s Subdivision, Ragain’s Subdivision, Bergt and Keiss Subdivision, Krewsons Subdivision, and Perkins and Harfords Strip Addition, all in the City of Kearney, Buffalo County, Nebraska.

 

VI         REGULAR  AGENDA

 

1.         ORDINANCE NO. 6940 -- Rezone from “District C-3, General Commercial District” to “District M-2, General Industrial District” property described as Lots 8, 9, 10, 11, 12, 13 and 14 of Block 5, and one-half of the alley in Block 5, and that portion of Avenue P that abuts Lots 8 through 14, inclusive, of Block 5, all in Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska (between 22nd Street and 23rd Street and ½ block west of Avenue Q). (Pertains to Public Hearing 4)

 

2.         ORDINANCE NO. 6941 – Rezone from “District M-1/ND-1, Limited Industrial/Pioneer Park Neighborhood Conservation Overlay District” to “District R-3/ND-1, Urban Residential Multi-Family (Medium Density)/ Pioneer Park Neighborhood Conservation Overlay District” property described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue). (Pertains to Public Hearing 7)

 

3.         ORDINANCE NO. 6942 – Amend Section 9-501 “General Requirements; Permits Required” of Article 5 “Moving Buildings” of Chapter 9 “Public Works” of the Code of the City of Kearney to allow moving of structures within the City with requirements set by City Codes and Life Safety and not neighborhood opinion.  (Pertains to Public Hearing 8)

 

4.         Consider the bids received for the 1.5MG Elevated Water Storage Facility Paint Restoration and approve Resolution No. 2003-41 awarding the bid to Neumann Company Contractors of Romeoville, Illinois in the amount of $224,900.00.

 

5.         Open Account Claims   None.

 

VII        REPORTS

 

VIII       ADJOURN

 

 

The Mayor and City Council reserve the right to adjourn into executive session as per Section 84-1410 of the Nebraska Revised Statutes.

 

Mayor Bruce Blankenship 4415 Sunset Trail 234-6343 home              236-6903 office	Councilman Randy Buschkoetter 1110 13th Avenue 234-5553 home           237-6101 office
Councilman Don Kearney 701 Huron Drive 237-3225 home              236-5411 office	Councilman Galen Hadley 3112 Country Club Lane 237-3794 home           865-8209 office
Council member Jose Zapata 416 East 17th Street 234-1273 home     308-745-0780 office	City Manager G. Allen Johnson 18 East 22nd Street 233-3214 office