AGENDA

City Council Chambers, 18 East 22nd Street

September 23, 2003

7:30 P.M.

 

 

ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA);

            Reverend Matt Robinson, First Presbyterian Church.

 

2.         Pledge of Allegiance.

 

 

KEARNEY MUNICIPAL AIRPORT CORPORATION

 

1.         Roll Call.

 

2.         Oral Communications.

 

REGULAR  AGENDA

 

1.         TABLED FROM JULY 22, AND AUGUST 26, 2003 MEETING.  Consider the Commercial Property Lease Agreement between the City of Kearney/Kearney Municipal Airport Corporation and Bosselman Energy for the purpose of constructing a propane fuel tank facility at the Kearney Municipal Airport and approve KMAC Resolution No. 2003-4.

 

CONSENT  AGENDA

 

1.         Approve Minutes of regular meeting of the Kearney Municipal Airport Corporation held August 26, 2003.

 

REPORTS

 

ADJOURN

 

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KEARNEY CITY COUNCIL

 

1.         Roll call.

 

2.         Oral Communication - Recognition of visitors;

            Colin Wilke, 15 years of service with the Police Department.

 

II          UNFINISHED  BUSINESS

 

None.

 

III         PUBLIC  HEARINGS

 

1.         TABLED FROM AUGUST 12, 26, SEPTEMBER 9, 2003 MEETING.   Conduct a public hearing on the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) to rezone from “District A, Agricultural District” to “District C-2/PD, Community Commercial/Planned Development Overlay District” property described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east). (Planning Commission recommended approval subject to the concept of a Mixed Use District be pursued between now and the City Council meeting to determine the tax impact and if neutral tax consequence that a Mixed Use District be approved.)

 

2.         TABLED FROM AUGUST 12, 26, SEPTEMBER 9, 2003 MEETING.   Conduct a public hearing on the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for final plat approval for “INGALLS CROSSING THIRD ADDITION” of a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east) and approve Resolution No. 2003-120. (Planning Commission recommended approval subject to compliance of the following conditions: (1) 60th Street shall be labeled as such, (2) a 30-foot building setback line be placed on the lots adjacent to 2nd Avenue, (3) in conjunction with the submittal of the final plat to the City Council that easements for the drainage pond, the 1st Avenue easement for water and sewer, and the compensating greenspace on the east and south of the premises be prepared and submitted. Administration recommends approval subject to the execution of the Subdivision Agreement.)

 

3.         TABLED FROM AUGUST 12, 26, SEPTEMBER 9, 2003 MEETING.   Conduct a public hearing on the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for the inclusion of “INGALLS CROSSING THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east) and approve Resolution No. 2003-121. (Planning Commission recommended approval.)

 

4.         TABLED FROM AUGUST 12, 26, SEPTEMBER 9, 2003 MEETING.   Conduct a public hearing on the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for Planned District Development Plan Approval for the construction of a home improvement center on property to be zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 15.584 acres, more or less, Buffalo County, Nebraska (2nd Avenue and 65th Street) and approve Resolution No. 2003-122. (Planning Commission recommended approval subject to compliance of the following conditions: (1) the parking spaces as required by City Code be shown on the site plan but not stripped on the site, (2) the impervious coverage requirements be as shown but that other parts of the 168 acres when developed will accommodate for that shortage, (3) the offset deviation for the 5-foot offset for the structural be reduced to one foot due to additional landscaping being provided.)

 

5.         Conduct a public hearing for the City Council to meet as a Board of Equalization to assess costs for the 2001 Part II Improvements consisting of Paving Improvement District No. 2000-835 for 39th Street from 342 feet east of Avenue N to Union Pacific Railroad; 2002 Part I Improvements consisting of Paving Improvement District No. 2001-861, Water District No. 2001-522, and Sewer District No. 2001-463 for Avenue R from 45th Street north 785 feet; Paving Improvement District No. 2001-862, Water District No. 2001-523, and Sewer District No. 2001-464 for 46th Street Place from Avenue R east 530 feet; Paving Improvement District No. 2001-863, Water District No. 2001-524, and Sewer District No. 2001-465 for 47th Street Place from Avenue R east 530 feet; 2002 Part II Improvements consisting of Paving Improvement District No. 2001-860, Water District No. 2001-521, and Sewer District No. 2001-462 for 17th Avenue from the south lot line of Lot 4 of Block 2, Sun West Third Addition north to the north lot line of Lot 1 of Block 1, Sun West Third Addition AND for 16th Street from the west lot line of Lot 1 of Block 2, Sun West Third Addition east to the east lot line of Lot 1 of Block 4, Sun West Third Addition; Paving Improvement District No. 2001-864 for 15th Street from 6th Avenue to 7th Avenue; Paving Improvement District No. 2001-867 and Water District No. 2001-525 for 13th Avenue from 11th Street south a distance of 598± feet; Sewer District No. 2001-466 for 13th Avenue from 11th Street south to the south line of Rapp Addition and for 13th Avenue if extended a distance of 1478± feet and approve Resolution No. 2003-158.

 

6.         Conduct a public hearing for the City Council to meet as a Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property in the district which fee shall be paid to the City at the time such property becomes connected to the water and/or sewer lines for Water Connection District No. 2001-1 for 11th Street from the east lot line of Lot 1, Block 2, Sun West Second Addition to the City of Kearney west to Kea West Avenue AND Kea West Avenue from 11th Street south a distance of 2046± feet; Sewer Connection District No. 2001-1 for 56th Street north and west along the Union Pacific Railroad right-of-way and through Gary Addition to Avenue N; Sewer Connection District No. 2001-2 located in that part of Government Lots 1, 2, 3 and 4 of Section 11; and Lots 1 and 2 of E.K. and Mary Yanney Heritage Park; and the Northeast Quarter of Section 10 all of which are located in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and approve Resolution No. 2003-159.

 

IV         CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held September 9, 2003.

 

2.         Approve Claims.

 

3.         Receive recommendations of Planning Commission and set October 14, 2003 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         Authorize the acceptance of the Confession of Judgment offered by the Buffalo County Board of Equalization, hereby re-determining the Airport properties to be exempt from taxation and ending the appeals to the Nebraska Tax Equalization and Review Commission and approve Resolution No. 2003-160.

 

5.         Authorize Administration to submitting a Grant Application in the amount of $110,000.00 to the Nebraska Games and Parks Commission Recreational Trails Program for the construction of the Cottonmill to Fort Kearny Trail Phase III Archway Historical Bridge and approve Resolution No. 2003-161.

 

6.         Approve Resolution No. 2003-162 canceling various special assessments levied against the City of Kearney.

 

7.         Approve Change Order No. 1 for an increase in the amount of $9,562.00 submitted by Weathercraft Co. and approved by Miller & Associates in connection with the City Hall Roof Replacement Project and approve Resolution No. 2003-163.

 

8.         Repeal Resolution No. 2003-100 and approve a Subdivision/Infrastructure Agreement between the City of Kearney and Sixth Street Development and Platte Valley State Bank & Trust for Sixth Street Second Addition and approve Resolution No. 2003-164.

 

9.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and the Village at Kearney, L.P. for Lots 1, 2 and 3 of Block 2, Tony H Addition and approve Resolution No. 2003-165.

 

10.        Approve Application and Certificate for Payment No. 3 in the amount of $113,471.48 submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2003 Part II Improvements consisting of Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive and approve Resolution No. 2003-166.

 

11.        Approve Change Order No. 1 for an increase in the amount of $4,530.00, Application and Certificate for Payment No. 1 in the amount of $113,552.98 submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue and approve Resolution No. 2003-167.

 

12.        Approve Change Order No. 6 for an increase in the amount of $52,584.53, Application and Certificate for Payment No. 14-Final in the amount of $318,403.59 submitted by United Contractors, Inc. and approved by Miller & Associates in connection with the Avenue M Viaduct consisting of Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from the north line of South Railroad Street and Avenue M intersection, north to the intersection of 27th Street and Avenue N and approve Resolution No. 2003-168.

 

13.        Approve Change Order No. 3 for an increase in the amount of $424.72 and Change Order No. 4 for an increase in the amount of $1,676.63 submitted by BD Construction and approved by Miller & Associates in connection with the Utilities Department Vehicle Storage Facility and approve Resolution No. 2003-169.

 

14.        Approve Change Order No. 1 for a decrease in the amount of $6,000.00 submitted by Neumann Company Contractors, Inc. and approved by Miller & Associates in connection with the 1.5MG Elevated Water Storage Facility Paint Restoration Project and approve Resolution No. 2003-170.

 

15.        Approve Change Order No. 2 for a decrease in the amount of $2,816.30 submitted by Concrete Workers, Inc. and approved by Kirkham Michael Consulting Engineers for the Cemetery Street Paving – 2003 and approve Resolution No. 2003-171.

 

16.        Approve the application for a Special Designated License submitted by Kearney Dawn Rotary Club to dispense beer, wine and distilled spirits at the Museum of Nebraska Art on October 11, 2003 from 4:00 p.m. until 11:30 p.m. in connection with the Cranes on Parade Auction fund raising event.

 

17.        Approve Change Order No. 3 for a decrease in the amount of $27,908.45, Application and Certificate for Payment No. 7-Final in the amount of $25,120.31, and the Certificate of Substantial Completion submitted by Midlands Contracting, Inc. and approved by Miller & Associates in connection with 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. 2003-172.

 

18.        Approve the request submitted by the Kearney Volunteer Fire Department to display a banner across Central Avenue and 23rd Street from September 28, 2003 until October 5, 2003 for their annual pancake feed.

 

19.        Approve the request from the Kearney Police Department to block off Avenue B from Railroad Street to 21st Street on October 11, 2003 beginning at 7:00 a.m. through 1:00 p.m. for the annual vehicle auction.

 

20.        Approve the closing of the alley adjacent to City Hall lying between Central Avenue and Avenue A and 22nd Street and 23rd Street for construction work on the City Hall Building.

 

21.        Approve the recommendation from the Mayor on the reappointment of Stan Dart and Larry Cihal to serve on the Planning Commission.

 

*           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.         TABLED FROM JULY 22, AUGUST 12, 26 AND SEPTEMBER 9, 2003 MEETING. Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Commercial Property Lease Agreement between the City of Kearney/Kearney Municipal Airport Corporation and Bosselman Energy for the purpose of constructing a propane fuel tank facility at the Kearney Municipal Airport and approve Resolution No. 2003-102.

 

2.         TABLED FROM AUGUST 12, 26, SEPTEMBER 9, 2003 MEETING.  ORDINANCE NO. 6980 -- Rezone from “District A, Agricultural District” to “District MU, Mixed Use District” property described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east). (Pertains to Public Hearing 1.)

 

3.         Accept the Kearney Housing Agency Annual Report submitted by Elaine Wiseman, Executive Director.

 

4.         ORDINANCE NO. 6992 – Create Paving Improvement District No. 2003-877 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place.

 

5.         ORDINANCE NO. 6993 – Create Paving Improvement District No. 2003-878 for 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue.

 

6.         ORDINANCE NO. 6994 – Create Paving Improvement District No. 2003-879 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac.

7.         ORDINANCE NO. 6995 – Create Water District No. 2003-527 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place AND 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue.

 

8.         ORDINANCE NO. 6996 – Create Water District No. 2003-528 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac.

 

9.         ORDINANCE NO. 6997 – Create Sewer District No. 2003-469 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place.

 

10.       ORDINANCE NO. 6998 – Create Sewer District No. 2003-470 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac.

 

11.       Open Account Claims     NPPD -- $138,199.46

                                                Don Kearney -- $21.57

 

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 Stan Clouse 4907 Linden Drive Place 236-6193 home              238-5210 office	City Manager G. Allen Johnson 18 East 22nd Street 233-3214 office

 

 

A current agenda is on file at the Office of the City Clerk at City Hall, 18 East 22nd Street, Kearney, Nebraska.  For more information, call 233-3216.

 

 

 

AGENDA

City Council Chambers, 18 East 22nd Street

September 23, 2003

7:30 P.M.

 

 

ADDENDUM NO. 1

 

IV         CONSENT  AGENDA

 

22.        Approve the Application for a Special Designated License submitted by the Kearney Community Theatre in connection with their Class I12229 Liquor License to dispense beer, wine and distilled spirits in the lobby area of the Geneva State Bank, 3702 2nd Avenue on October 20, 21, and 22, 2003 from 5:00 p.m. until 7:30 p.m. in conjunction with the Bank’s Open House subject to the City receiving the required Certificate of Insurance for liquor liability.