AGENDA

City Council Chambers, 18 East 22nd Street

April 13, 2004

7:30 P.M.

 

 

I           ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA).

 

2.         Pledge of Allegiance;

            Presentation of Flags by KVFD Color Guard.

 

3.         Roll call.

 

4.         Oral Communication - Recognition of visitors.

 

II          UNFINISHED  BUSINESS

 

None.

 

III         PUBLIC  HEARINGS

 

1.         WITHDRAWN BY APPLICANT.  Conduct a public hearing on the Application submitted by Ron Ridgway (Applicant) for James Hunt (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 Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (between Avenue D and Avenue H south of 10th Street to 8th Street). (Planning Commission recommended approval of the amended application.)

 

2.         WITHDRAWN BY APPLICANT.  Conduct a public hearing on the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) for the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the West Half of the East Half and part of the East Half of the West Half of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H south of 8th Street to 10th Street) and approve Resolution No. 2004-51. (Planning Commission recommended approval.)

 

3.         WITHDRAWN BY APPLICANT.  Conduct a public hearing on the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) for Final Plat approval of “MARIANNE HUNT 2ND ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of the West Half of the East Half and part of the East Half of the West Half of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H south of 8th Street to 10th Street) and approve Resolution No. 2004-52. (Planning Commission recommended approval subject to the following conditions: (1) the acreage has changed from 25.58 acres to 13.625 acres; (2) a contract for the land trade for the property south of 8th Street be reached and consummated between the two owners before being presented to the City Council. Administration recommends an executed Subdivision Agreement be submitted prior to the Council meeting.)

 

4.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” and “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the East Half of the Southeast Quarter AND a tract of land being part of the Northeast Quarter of the Southeast Quarter all located in Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of the intersection of Avenue N and Eastbrooke Drive). (Planning Commission recommended approval.)

 

5.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) for the inclusion of “STONERIDGE THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.38 acres, more or less, Buffalo County, Nebraska (west of the intersection of Avenue N and Eastbrooke Drive) and approve Resolution No. 2004-53. (Planning Commission recommended approval.)

 

6.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) for Final Plat approval of “STONERIDGE THIRD ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.38 acres, more or less, Buffalo County, Nebraska (west of Avenue N and Eastbrooke Drive) and approve Resolution No. 2004-54. (Planning Commission recommended approval.)

 

7.         TABLE UNTIL MAY 11, 2004 COUNCIL MEETING.  Conduct a public hearing on the proposed amendment to Section 47-109 “Fence Regulations” of Chapter 47 “Supplemental Development Regulations” as it pertains to fences. (Planning Commission recommended approval stipulating that language be added to the proposed amendment providing for “traditionally accepted residential fence materials” as a definition for acceptable residential fence material.)

 

IV         CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held March 23, 2004.

 

2.         Approve the Claims.

 

3.         Approve the Pipeline Crossing Agreement between the City of Kearney and the Union Pacific Railroad for the relocation of a water main near 14th Avenue and approve Resolution No. 2004-55.

 

4.         Repeal Resolution No. 2004-5 and to include “Bel-Air First Addition” within the corporate boundaries of the City of Kearney (north of 63rd Street between Avenue K and Avenue N) and approve Resolution No. 2004-56.

 

5.         Approve the Agreement between the City of Kearney and Betty Jane’s to block off the parking stalls in front of Betty Jane’s, 2123 Central Avenue, on April 16, 2004 from 7:30 a.m. until 6:30 p.m. and April 17, 2004 from 7:30 a.m. until 6:00 p.m. for a Spring promotion.

 

6.         Approve the Agreement between the City of Kearney and the Nebraska Department of Roads for the construction of a four lane road on 30th Avenue  (State Spur S-10A) from Highway 30 north to 31st Street and approve Resolution No. 2004-57.

 

7.         Approve submitting a Letter of Support to the Nebraska Emergency Management Agency to consider participating in the Exercise Program.

 

8.         Approve the Memorandum of Understanding between the City of Kearney and Two Rivers Public Health Department for use of the Kearney Area Recycling Center in the event of a public health emergency and approve Resolution No. 2004-58.

 

9.         Approve the Developer Constructed Infrastructure Agreement for Bel-Air First Addition between the City of Kearney and Myron Letcher, President of Three Tier Corporation and Scott Hobson, President of Exchange Bank and approve Resolution No. 2004-59.

 

10.        Approve the Developer Constructed Infrastructure Agreement for the construction of a sanitary sewer main in 63rd Street from Avenue O Place west to Avenue N between the City of Kearney and NP Land Development and approve Resolution No. 2004-60.

 

11.        Approve the request submitted by NorthWestern Corporation that the April 30, 2004 rate of return realignment mechanism information filing requirement be waived and approve Resolution No. 2004-61.

 

12.       Approve the application for deferral of special assessments submitted by Attorney Jeffrey Orr on behalf of Marilyn Bihuniak, Thomas J. Wilson, E. Ardelle Green, Trustee, Robert and E. Ardelle Green Family Trust in connection with Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet, Water District No. 2004-532, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet.

 

13.        Approve the application for a Special Designated License submitted by JCB ENTERPRISES, dba “Bill’s Liquor” in connection with their Class CK39105 catering liquor license to dispense beer, wine and distilled spirits inside the Great Platte River Road Memorial Archway Monument, 3060 East 1st Street, on May 6, 2004 from 3:00 p.m. until 1:00 a.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  *

 

None.

 

VI         REGULAR  AGENDA

 

1.         ORDINANCE NO. 7049 –Rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” and “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the East Half of the Southeast Quarter AND a tract of land being part of the Northeast Quarter of the Southeast Quarter all located in Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of the intersection of Avenue N and Eastbrooke Drive). (Pertains to Public Hearing 4.)

 

2.         ORDINANCE NO. 7050 – Vacate the north 55 feet of the 20-foot alley lying between Avenue A and Avenue B as it abuts the south line of 23rd Street. (Planning Commission recommended approval.)

 

3.         ORDINANCE NO. 7051 – Authorizing the issuance of Combined Utilities Revenue Refunding Bonds, Series 2004B, of the City of KEARNEY, NEBRASKA, in the aggregate principal amount of Three Million Fifty Thousand Dollars ($3,050,000) for the purpose of providing for the payment and redemption of the City’s outstanding Combined Utilities Revenue Bonds, Series 1995, in the principal amount of $3,061,179.04; directing the application of the proceeds of said bonds; prescribing the form, terms and details of said bonds; pledging and hypothecating the revenue and earnings of the waterworks plant and water system, sewage disposal plant and sanitary sewer system and electric distribution system of said City for the payment of said bonds and interest thereon; providing for the collection, segregation and application of the revenues of said waterworks plant and water system, sewage disposal plant and sanitary sewer system and electric distribution system; entering into a contract on behalf of the City with the holders of said bonds; directing the prepayment of the Series 1995 Bonds.

 

4.         Accept the report from the City Clerk on the objections/protests received in connection with Ordinance No. 7047 creating Paving Improvement District No. 2004-884 for Avenue A from the south line of 11th Street south to the north line of vacated 10th Street.

 

5.         Consider the “Second Amendment to Lighthouse Point Subdivision Agreement” and approve Resolution No. 2004-62.

 

6.         Consider the Plans and Specifications for the 2004 Cemetery Paving Improvements and set the bid opening date for May 4, 2004 at 2:00 p.m.

 

7.         ORDINANCE NO. 7052 – Repeal Ordinance No. 7041 and to create Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street.

 

8.         ORDINANCE NO. 7053 – Repeal Ordinance No. 7042 and to create Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street.

 

9.         ORDINANCE NO. 7054 – Repeal Ordinance No. 7043 and to create Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street.

 

10.       Open Account Claims     Ward Laboratories -- $72.00

 

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           698-8106 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
Councilman 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 or visit our website at www.cityofkearney.org