AGENDA

City Council Chambers, 18 East 22nd Street

June 10, 2003

7:30 P.M.

 

 

I           ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA);

            Reverend Ken Fairbrother, Countryside Christian Church.

 

2.         Pledge of Allegiance.

 

3.         Roll call.

 

4.         Oral Communication - Recognition of visitors.

            Presentation on Opening of Centennial Park Pool.

 

II          UNFINISHED  BUSINESS

 

None.

 

III         PUBLIC  HEARINGS

 

1.         Conduct a public hearing on the application for a Class ‘C’ (Spirits, Wine and Beer – On and Off Sale) Catering Liquor License submitted by NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” located at 15 West 23rd Street, consider the application for Corporate Manager of Michael Anderson, and approve Resolution No. 2003-73.

 

2.         Conduct a public hearing on the Application submitted by John Gardner (Applicant) for Good Samaritan Hospital (Owner) to rezone from "District R-1, Urban Residential Single-Family District (Low Density)" to "District C-0, Office District" property described as Lots 12 and 13, Ragain's Subdivision to the City of Kearney, Buffalo County, Nebraska (north of 3301 2nd Avenue). (Planning Commission recommended approval.)

 

3.         Conduct a public hearing on the Application submitted by Jerry and Elizabeth Winslow (Applicant and Owner) to rezone from "District M-2, General Industrial District" to "District R-2, Urban Residential Mixed-Density District" property described as all of Lot 965 and the north 28.6 feet of Lot 966, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1832 Avenue G). (Planning Commission recommended approval.)

 

4.         Conduct a public hearing on the Application submitted by Dale Nispel for Platte Valley Communications (Applicant and Owner) for a Conditional Use Permit to replace an existing 35-foot tower with a 50-foot communications tower on property zoned "District M-1, Limited Industrial District) and described as Lots 9, 10, and 11 in George's Subdivision except a part of Lot 9, to the City of Kearney, Buffalo County, Nebraska (2215 Avenue I). (Planning Commission recommended approval.)

 

5.         Conduct a public hearing on the Application submitted by Chris Wissing (Applicant) for Johnson Imperial Home Co. (Owner) for Planned District Development Plan Approval for the construction of a medical office on property zoned "District C-0/PD, Office/Planned Development Overlay District" and described as Lot 5, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4005 7th Avenue) and approve Resolution No. 2003-74. (Planning Commission recommended approval.)

 

6.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) to rezone from "District AG, Agricultural District" to "District M-1, Limited Industrial District" property described as a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 5.01 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1 feet). (Planning Commission recommended approval.)

 

7.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) for the inclusion of "PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 1.74 acres, more or less, Buffalo County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and approve Resolution No. 2003-75. (Planning Commission recommended approval.)

 

8.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) for final plat approval for "PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" of a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 1.74 acres, more or less, Buffalo County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and approve Resolution No. 2003-76. (Planning Commission recommended approval.)

 

9.         Conduct a public hearing on the Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) to rezone from "District AG, Agricultural District" to "District C-2, Community Commercial District" property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max). (Planning Commission recommended approval.)

 

10.        Conduct a public hearing on the Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) for the inclusion of "SORENSEN PARK THIRD ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max) and approve Resolution No. 2003-77. (Planning Commission recommended approval.)

 

11.        Conduct a public hearing on the Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) for final plat approval for "SORENSEN PARK THIRD ADDITION" of a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max) and approve Resolution No. 2003-78. (Planning Commission recommended approval.)

 

12.        Conduct a public hearing on the proposed amendment to the Unified Land Development Ordinance, being a part of the Code of the City of Kearney as follows: Section 13-107 "Commercial Use Types" of Chapter 13 "Use Types" to redefine 'furniture stores'; Chapter 49 "Off-Street Parking" to amend the number of required parking spaces for furniture stores. (Planning Commission recommended approval.)

 

13.        Conduct a public hearing on the proposed amendment to the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to delete existing conflicts between Code sections and to make setback, landscape, and buffer areas uniform, to define uniform building standards for all commercial projects, to add needed definitions, to revise the sign ordinance, and to make other similar revisions to improve the efficiency and application of the ordinance. (Planning Commission recommended approval.)

 

IV         CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held May 27, 2003.

 

2.         Approve Claims.

 

3.         Approve Change Order No. 1 for an increase in the amount of $2,610.59 submitted by BD Construction in connection with the Vehicle Storage Facility for the Utilities Department located at 1220 East 26th Street and approve Resolution No. 2003-79.

 

4.         Approve the request submitted by Cheryl Schroeder to extend Conditional Use Permit No. 1998-05 for a Bed and Breakfast located at 2915 5th Avenue for a period of one year.

 

5.         Concur with the Nebraska Department of Roads on the selection of Dominion Construction Company of Scottsbluff, Nebraska for Project No. ELEC-30-4(1037) in the amount of $67,248.45.

 

6.         Approve the request submitted by Karla Falk, UNK Coordinator of Student Activities for the Homecoming Parade on October 4, 2003.  The route will commence on Railroad Street and Central Avenue, north on Central Avenue to 27th Street, west on 27th Street to 9th Avenue.  The staging area to be blocked off is Railroad Street from Avenue E to 5th Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street.

 

7.         Approve Change Order No. 1 showing an increase in the amount of $3,878.46, Application and Certificate for Payment No. 1-Final in the amount of $81,476.46 submitted by Dominion Construction Company and approved by Ehrhart Griffin & Associates for signalization improvements at the intersection of 25th Street and Avenue N and approve Resolution No. 2003-80.

 

8.         Approve Change Order No. 1 showing an increase in the amount of $39,144.00, Change Order No. 2 showing an increase in the amount of $4,250.00, and Change Order No. 3 showing an increase in the amount of $7,614.00 submitted by Carrothers Construction Company and approved by Larkin Aquatics for the construction of the Centennial Park Pool Renovation Project and approve Resolution No. 2003-81.

 

9.         Approve Change Order No. 1 showing a decrease in the amount of $12,698.00 as submitted by Concrete Workers and approved by Kirkham Michael Consulting Engineers for the construction of the Yanney Heritage Park Pedestrian Trail and approve Resolution No. 2003-82.

 

*           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  *

 

None.

 

VI         REGULAR  AGENDA

 

1.         ORDINANCE NO. 6957 – Rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District C-0, Office District” property described as Lots 12 and 13, Ragain's Subdivision to the City of Kearney, Buffalo County, Nebraska (north of 3301 2nd Avenue). (Pertains to Public Hearing 2)

 

2.         ORDINANCE NO. 6958 – Vacate Lots 10, 11, 12 and 13 except those portions conveyed to the State of Nebraska, Ragains Subdivision being a replat of Lot 21, Northwest Quarter School Section Addition; and to vacate a tract of land described in Warranty Deed Book 211, Page 393 and Page 597; AND to vacate that portion of Lot 21, Northwest Quarter School Section Addition (formerly known as part of Lots 10, 11, 12 and 13 (as described above) in Ragain’s Subdivision), all to the City of Kearney, Buffalo County, Nebraska.  (Pertains to Public Hearing 2.  Planning Commission recommended approval.)

 

3.         Consider the Application submitted by John Gardner (Applicant) for Good Samaritan Hospital (Owner) for Final Plat approval for “Good Samaritan Third Subdivision” and approve Resolution No. 2003-83 subject to the effective date of Ordinance No. 6958.  (Pertains to Public Hearing 2 and Regular Agenda 1 and 2.  Planning Commission recommended approval.)

 

4.         ORDINANCE NO. 6959 – Rezone from "District M-2, General Industrial District" to "District R-2, Urban Residential Mixed-Density District" property described as all of Lot 965 and the north 28.6 feet of Lot 966, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1832 Avenue G). (Pertains to Public Hearing 3)

 

5.         ORDINANCE NO. 6960 – Grant a Conditional Use Permit to Dale Nispel for Platte Valley Communications (Applicant and Owner) to replace an existing 35-foot tower with a 50-foot communications tower on property zoned “District M-1, Limited Industrial District” and described as Lots 9, 10, and 11, George's Subdivision except a part of Lot 9, to the City of Kearney, Buffalo County, Nebraska (2215 Avenue I). (Pertains to Public Hearing 4)

 

6.         ORDINANCE NO. 6961 – Rezone from "District AG, Agricultural District" to "District M-1, Limited Industrial District" property described as a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 5.01 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1 feet). (Pertains to Public Hearing 6)

 

7.         ORDINANCE NO. 6962 – Rezone from "District AG, Agricultural District" to "District C-2, Community Commercial District" property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max). (Pertains to Public Hearing 9)

 

8.         ORDINANCE NO. 6963 – Amend Section 13-107 “Commercial Use Types” of Chapter 13 “Use Types” to include furniture and appliance stores, and to amend Table 49-1 “Minimum Off-Street Parking Requirements” of Chapter 14 “Off-Street Parking” to include furniture and appliance stores and to decrease the minimum requirement for indoor sales, display or service area of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney, Nebraska. (Pertains to Public Hearing 12)

 

9.         ORDINANCE NO. 6964 – Amend the following sections of the Unified Land Development Ordinance, being a part of the Kearney City Code to delete existing conflicts between Code sections and to make setback, landscape, and buffer areas uniform, to define uniform building standards for all commercial projects, to add needed definitions, to revise the sign ordinance, and to make other similar revisions to improve the efficiency and application of the ordinance: Section 3-501, Section 12-106, Section 12-121, Section 13-103, Section 14-112, Table 14-1, Section 18-102, Section 19-101, Section 19-102, Section 21-102, Section 22-102, Section 23-102, Section 24-102, Section 25-102, Section 26-102, Section 26-104, Section 26-105, Section 27-102, Section 28-102, Section 29-102, Section 30-102, Section 31-102, Section 32-102, Section 33-101, Section 33-103, Section 33-105, Section 45-104, Section 45-105, Section 45-106, Section 45-107, Section 46-105, Section 46-108, Section 46-113, Section 46-114, Section 47-102, Section 47-103, Section 47-104, Section 47-105, Section 47-106, Section 47-109, Section 47-110, Section 48-103, Section 48-104, Section 48-105, Table 48-2, Section 48-106, Section 48-107, Section 48-108, Section 49-102, Section 49-106, Section 49-108, Table 49-5, Section 50-102, Section 50-103, Section 52-104, Section 53-102, Table 53-1, Section 58-103, Section 59-102, Section 59-103, Section 59-110, and Section 59-114. (Pertains to Public Hearing 13)

 

10.        ORDINANCE NO. 6965 – Vacate a 15-foot platted building setback along the north side of Lot 1, Park Meadow Addition being a replat of Lot 1, Block 4, Colonial Estates 4th Addition AND also the 15-foot platted building setback along the north side of Lot 1, Block 4, Colonial Estates 4th Addition all in the City of Kearney, Buffalo County, Nebraska.  (Planning Commission recommended approval.)

 

11.        Consider the application for deferral of special assessments submitted by Randall and Cynthia Stones 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.

 

12.        Consider the Plans and Specifications for the Avenue “E” Box Culvert Modifications and set the bid opening date for June 30, 2003 at 2:00 p.m.

 

13.        Consider the nominee to be submitted by Mayor Blankenship to fulfill the term to be vacated by Council Member Jose Zapata effective June 24, 2003.

 

14.        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