AGENDA

City Council Chambers, 18 East 22nd Street

July 13, 2004

7:30 P.M.

 

 

I           ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA).

 

2.         Pledge of Allegiance.

 

3.         Roll call.

 

4.         Oral Communication - Recognition of visitors.

 

II          UNFINISHED  BUSINESS

 

None.

 

III         PUBLIC  HEARINGS

 

1.         REQUEST BY PROPERTY OWNER TO TABLE UNTIL JULY 27, 2004.  Conduct a public hearing for the City Council to meet as a Board of Equalization to assess costs for 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. 2004-114.

 

2.         Conduct a public hearing on the  proposed amendment to the Land Use Map of the City of Kearney from “Low Density Residential” to “Medium Density Residential” property described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from 14th Street to 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated east 7 feet of vacated 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west, AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M) and approve Resolution No. 2004-115. (Planning Commission recommended approval.)

 

3.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Marjorie A. Hitt and Robert M. Swanson (Owners) to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M). (Planning Commission recommended approval.)

 

4.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Marjorie A. Hitt and Robert M. Swanson (Owners) for Planned District Development Plan Approval for the construction of a retirement facility on property to be zoned “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” and described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M) and approve Resolution No. 2004-116. (Planning Commission recommended approval.)

 

5.         Conduct a public hearing on the Application submitted by Peter Mauro of WWC License LLC (Applicant) and Buffalo County Agricultural Association (Owner) for a Conditional Use Permit to locate a 126-foot monopole communications tower and radio equipment and pad on property zoned “District AG, Agricultural District” and described as the North Half of the Northwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (northeast corner of Buffalo County Fairgrounds). (Planning Commission recommended approval.)

 

6.         Conduct a public hearing on the Application submitted by Kearney Performing Arts Center (Applicant) and Kearney Public Schools (Owner) for Planned District Development Plan Approval for the construction of a performing arts center/elementary school administration on property zoned “District R-3, Urban Residential Multi-Family District (Medium Density)” and described as a tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (300 West 24th Street) and approve Resolution No. 2004-117. (Planning Commission recommended approval with the intent that the parties involved; private owners, the Public Schools, the City and the Architect, discuss options in regards to alleviating parking problems with the church and the private businesses on 23rd Street prior to the Council meeting.)

 

7.         Conduct a public hearing on the Application submitted by Ron Ridgway (Applicant) for Three Tier Corporation (Owner) to rezone from “District RR-1, Rural Residential District (Rural Standards)” to “District R-1, Urban Residential Single Family District (Low Density)” property described as Lot 1, Bel Air First Addition to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N). (Planning Commission recommended approval.)

 

8.         Conduct a public hearing on the Application submitted by Ralph Wyngarden for The Lincoln Telephone and Telegraph Company, dba “Alltel Communications of Nebraska, Inc.” (Applicant and Owner) for a Conditional Use Permit to co-locate and upgrade a wireless telecommunications facility consisting of antenna changes on an existing tower owned by Alltel Communications of Nebraska, Inc. and to expand the depth of the fenced compound by 30 feet to add a 11.5’ x 16’ equipment shelter and associated equipment on property zoned “District R-1, Urban Residential Single-Family District (Low Density)” and described as a tract of land located in the Northwest Quarter of the Southwest Quarter of Section 34,  Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (2815 West 31st Street).

 

9.         Conduct a public hearing to declare an area referred to as Redevelopment Area #7 to be blighted and substandard and in need of redevelopment and described as follows: Beginning at the intersection of the south line of 11th Street and the east line of  Avenue M, thence north along said east line to its intersection with the north line of 16th Street, thence west along said north line to its intersection with the west line of  Avenue I, thence north along said west line to its intersection with the south line of South Railroad Street, thence southeasterly along said south line to its intersection with the east line of Avenue M, thence north along said east line to its intersection with the centerline of the abandoned Burlington Northern and Santa Fe Railroad right-of-way, thence southeasterly along said centerline to its intersection with the extended east line of Avenue Q, thence north along said east line to its intersection with the north line of the abandoned Burlington Northern and Santa Fe Railroad right-of-way (also the corporate limit line), thence southeasterly along said north line to its intersection with the eastern corporate limit line, thence continuing along said eastern corporate limit line, generally in a southern direction to its intersection with the southern corporate limit line at approximately the south line of  11th Street, thence west along said south corporate limit line to its intersection with the east line of Avenue M, also the point of beginning, all located in the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-118. (Planning Commission recommended approval.)

 

IV         CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held June 22, 2004 and Minutes of Special Meeting held June 29, 2004.

 

2.         Approve the Claims.

 

3.         Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class DK61563 Liquor License to dispense beer, wine, and distilled spirits in the Exposition Center and designated beer garden located at the Buffalo County Fairgrounds, 3807 Avenue N, on August 5, 6, 7, and 9, 2004 from 5:00 p.m. until 1:00 a.m. and on August 8, 2004 from 12:00 p.m. until 12:00 a.m. for the Buffalo County Fair.

 

4.         Approve the Application for a Special Designated License submitted by RICHARD KOHMETSCHER, dba “Dick’s Place” in connection with their Class CK528 Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on August 28, 2004 from 12:00 p.m. until 1:00 a.m. for a wedding dance and reception.

 

5.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and DT Development, Inc. for the installation of public infrastructure in Grace Addition and approve Resolution No. 2004-119.

 

6.         Approve the request submitted by Theador and Sylvia Asay to extend Special Use Permit No. 1988-06 to locate a Bed and Breakfast at 621 West 27th Street for a period of two years.

 

7.         Approve the application for a Special Designated License submitted by CHICKEN BONES OF KEARNEY, INC., dba “Chicken Coop Sports Bar & Grill” in connection with their Class I-54354 Liquor License to dispense beer and distilled spirits in the Exposition Building and a fenced-in area located at the Buffalo County fairgrounds, 3807 Avenue N on August 27, 2004 from 8:00 a.m. until 1:00 a.m. in conjunction with Coopfest.

 

8.         Consider the request submitted by ReFind to use the parking lot located behind City Hall between Central Avenue and Avenue A south of 23rd Street on July 23, 2004 from 4:00 p.m. until 11:00 p.m. for the Annual Rock and Block Party.

 

9.         Approve the Employment Agreement between the City of Kearney and G. Allen Johnson and approve Resolution No. 2004-120.

 

10.        Authorize the Mayor to execute the “Proposal From Thelen Consultants for Recruitment Services and Executive Search” and approve Resolution No. 2004-121.

 

11.        Approve the request submitted by the Kearney Downtown Centre Association to use the sidewalks only on July 22, 23, and 24, 2004 from 8:00 a.m. until 8:00 p.m., and to display a banner from July 12, through July 25, 2004 advertising Sidewalk Sales over Central Avenue and 23rd Street.

 

12.        Approve the Agreements submitted by Kaufmann Centre, ReFind, Cedar Hill Creations, Miskos, Betty Janes, Redman Shoes, and Self Service Furniture to use the parking spaces in front of their respective businesses during Sidewalk Sales on July 22, 23, 2004 between the hours of 8:00 a.m. and 8:00 p.m.

 

13.        Approve the Communications Site Option and Land Lease Agreement between the City of Kearney and Alltel Communications of Nebraska, Inc. for a wireless communications facility on Lots 111 through 194 inclusive, 34th Street and 35th Street adjacent to said Lots, all in Patterson Subdivision to the City of Kearney, Buffalo County, Nebraska (Memorial Field, 3313 8th Avenue) and approve Resolution No. 2004-122.

 

*           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. 7069 – Vacate all of the public alley lying between Avenue K and Avenue L from 15th Street to 16th Street, together with the vacated south 7.0 feet of 16th Street and together with the vacated north 7.0 feet of 15th Street abutting said alley. (Pertains to Public Hearing 3. Planning Commission recommended approval.)

 

2.         ORDINANCE NO. 7070 – Vacate the south 7.0 feet of 15th Street abutting vacated Avenue L and the south 7.0 feet of 15th Street abutting part of Lot 1618, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska. (Pertains to Public Hearing 3. Planning Commission recommended approval.)

 

3.         ORDINANCE NO. 7071 – Rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M). (Pertains to Public Hearing 3.)

 

4.         ORDINANCE NO. 7072 – Grant a Conditional Use Permit to Peter Mauro of WWC License LLC (Applicant) and Buffalo County Agricultural Association (Owner) for a Conditional Use Permit to locate a 126-foot monopole communications tower and radio equipment and pad on property zoned “District AG, Agricultural District” and described as the North Half of the Northwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (northeast corner of Buffalo County Fairgrounds). (Pertains to Public Hearing 5.)

 

5.         ORDINANCE NO. 7073 – Vacate Lots 1, 2, 3, 4, 5, 6, 7, and 8 of Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N). (Pertains to Public Hearing 7. Planning Commission recommended approval.)

 

6.         ORDINANCE NO. 7074 – Rezone from “District RR-1, Rural Residential District (Rural Standards)” to “District R-1, Urban Residential Single Family District (Low Density)” property described as Lot 1, Bel Air First Addition to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N). (Pertains to Public Hearing 7.)

 

7.         Consider the application submitted by Ron Ridgway (Applicant) for Three Tier Corporation (Owner) for Final Plat approval of “BEL AIR SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N) and approve Resolution No. 2004-123. (Pertains to Public Hearing 7. Planning Commission recommended approval.)

 

8.         ORDINANCE NO. 7075 – Grant a Conditional Use Permit to The Lincoln Telephone and Telegraph Company, dba “Alltel Communications of Nebraska, Inc.” (Applicant and Owner) to co-locate and upgrade a wireless telecommunications facility consisting of antenna changes on an existing tower owned by Alltel Communications of Nebraska, Inc. and to expand the depth of the fenced compound by 30 feet to add a 11.5’ x 16’ equipment shelter and associated equipment on property zoned “District R-1, Urban Residential Single-Family District (Low Density)” and described as a tract of land located in the Northwest Quarter of the Southwest Quarter of Section 34,  Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (2815 West 31st Street). (Pertains to Public Hearing 8.)

 

9.         ORDINANCE NO. 7076 – Vacate Lot 6 of Block 3, Sixth Street Addition, and part of Lot 4, A. Collin’s Subdivision, both in the City of Kearney, Buffalo County, Nebraska (101 East 6th Street and north of 329 Central Avenue. (Planning Commission recommended approval.)

 

10.       Consider the application submitted by Mitch Humphrey (Applicant) for Judy Ann Kreutz (Owner) for Final Plat approval of “KREUTZ ADDITION” to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-124. (101 East 6th Street and north of 329 Central Avenue. (Pertains to Regular Agenda Item 9. Planning Commission recommended approval subject to the easement being executed prior to the Council meeting.)

 

11.       Consider the application submitted by Mitch Humphrey (Applicant) for Lanny L. Johnson (Owner) for Final Plat approval of “JOHNSON ESTATES” said property described as a tract of land being part of the West Half of the Southwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., containing 12.50 acres, more or less, Buffalo County, Nebraska (north of Summit Road and west of Cottonmill Avenue) and approve Resolution No. 2004-125. (Planning Commission recommended approval subject to 17 feet of right-of-way being dedicated on the west side of Cottonmill Avenue.)

 

12.       ORDINANCE NO. 7077 – Vacate the south 10.0 foot platted utility easement located on Lot 16, Block 3, Rapp Addition to the City of Kearney, Buffalo County, Nebraska (911 13th Avenue). (Planning Commission recommended approval.)

 

13.       ORDINANCE NO. 7078 – Vacate the 30.0 foot platted building setback located on Lot 7, Skiview Estates Fourth, an Addition to the City of Kearney, Buffalo County, Nebraska (5207 Avenue C Place). (Planning Commission recommended approval.)

 

14.       Consider the Application for Corporate Manager for Michelle Kay submitted by KABB LLC, dba “Tri-City Arena” in connection with their Class I49859 Liquor License located at 609 Platte Road.

 

15.       ORDINANCE NO. 7079 – Create Water Connection District No. 2004-1 in 20th Street from Avenue M east to Avenue O.

 

16.       ORDINANCE NO. 7080 – Create Water Connection District No. 2004-2 in Avenue N from 20th Street north to the south line of Lot 9, Block 7, Whiteaker’s Grove Addition.

 

17.       ORDINANCE NO. 7081 – Create Water Connection District No. 2004-3 in Avenue O from 20th Street north to the south line of Lot 9, Block 6, Whiteaker’s Grove Addition.

 

18.       ORDINANCE NO. 7082 – Create Water Connection District No. 2004-4 in Avenue D from 11th Street north to 13th Street.

 

19.       ORDINANCE NO. 7083 – Create Sewer Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if extended, to Avenue O.

 

20.       ORDINANCE NO. 7084 – Create Sewer Connection District No. 2004-2 in Avenue O from 18th Street, if extended, to 22nd Street.

 

21.       ORDINANCE NO. 7085 – Create Sewer Connection District No. 2004-3 in 20th Street from Avenue M east to Avenue O.

 

22.       ORDINANCE NO. 7086 – Create Sewer Connection District No. 2004-4 in Avenue N from 20th Street north to the south line of Lot 9, Block 7, Whiteaker’s Grove Addition.

 

23.       ORDINANCE NO. 7087 – Create Sewer Connection District No. 2004-5 in 21st Street from Avenue M east to Avenue N.

 

24.       ORDINANCE NO. 7088 – Create Sewer Connection District No. 2004-6 in 22nd Street from Avenue M east to Avenue N.

 

25.       ORDINANCE NO. 7089 – Create Sewer Connection District No. 2004-7 in Avenue D from 11th Street north to 13th Street.

 

26.       ORDINANCE NO. 7090 – Create Paving Improvement District No. 2004-886 in Avenue K from 14th Street north to 15th Street.

 

27.       ORDINANCE NO. 7091 – Create Water District No. 2004-533 in Avenue K from 14th Street north to 15th Street.

 

28.       ORDINANCE NO. 7092 – Create Sewer District No. 2004-475 in Avenue K from 14th Street north to 15th Street.

 

29.       ORDINANCE NO. 7093 – Create Paving Improvement District No. 2004-887 in 14th Street from Avenue K east to Avenue M.

 

30.       ORDINANCE NO. 7094 – Create Water District No. 2004-534 in 14th Street from Avenue K east to Avenue M.

 

31.       ORDINANCE NO. 7095 – Create Sewer District No. 2004-476 in 14th Street from Avenue K east to Avenue M.

 

32.       ORDINANCE NO. 7096 – Create Paving Improvement District No. 2004-888 in 15th Street from Avenue K east to Avenue M.

 

33.       ORDINANCE NO. 7097 – Create Sewer District No. 2004-477 in 15th Street from Avenue K east to Avenue M.

 

34.       ORDINANCE NO. 7098 – Create Paving Improvement District No. 2004-889 in 15th Street from Avenue H east to Avenue I.

 

35.       Open Account Claims     NPPD - $2,276.77

 

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

 

 

AGENDA

City Council Chambers, 18 East 22nd Street

July 13, 2004

7:30 P.M.

 

Addendum No. 1

 

IV         CONSENT  AGENDA  *

 

14.        Approve the Agreement submitted by Shopping Tripps to use the parking spaces in front of their business during Sidewalk Sales on July 22, 23, 2004 between the hours of 8:00 a.m. and 8:00 p.m.