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COUNCIL AGENDA
City Council Chambers, 18 East 22nd Street
October 8, 2002
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
III PUBLIC HEARINGS
1. Conduct
a public hearing on the proposed application to amend the Land Use Map of the
City of Kearney Comprehensive Development Plan from “Rural Residential” to
“Commercial” property described as a part of Lots 23 and 24 in East Section 31,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7247
West Highway 30) and approve Resolution No. 2002-236. (Planning Commission recommended approval.)
2. Conduct a public hearing on the
Application submitted by Les Adelung, Attorney-in-Fact (Applicant) for Nicholas
and Rose Ponticello (Owner) to rezone from “District AG, Agricultural District”
to “District C-0, Office District” property described as a part of Lots 23 and
24 in East Section 31, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska (7247 West Highway 30).
(Planning Commission recommended approval.)
3. Conduct
a public hearing on the Application submitted by Gary Cassel for Alltel
Communications of Nebraska (Applicant), and Larry and Ronald Nickman (Owner of
Property) for a Conditional Use Permit for the location of a 77-foot monopole
with a 40 foot by 40 foot equipment inside a confined area on property zoned
“District M-1/PD Limited Industrial/Planned Development Overlay District” and
described as a tract of land being part of the Northeast Quarter of the
Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska (6204 2nd Avenue). (Planning Commission recommended approval subject to the
landscape plan consist of nursery grown Austrian Pine, Scotch Pine, Jack Pine,
White Pine, Colorado Blue Spruce, Black Hills Spruce, Norway Spruce, or a
combination thereof [other species for substitution must be approved by the
City Planner in writing] five to six-foot in height [not including the root
ball of the tree in the height measurement] planted on 15-foot spacing around
the exterior perimeter of the 40 by 40 foot fenced enclosure [a suitable gap in
the planting is allowed for the gate assuming driveway access for maintenance vehicles
is required] and the trees must be kept alive [if they perish they must be
replaced] and that the base of the tower be no closer than 231 feet from the
southwest corner of the Nickman property along their south property line.)
4. Conduct
a public hearing on the Application submitted by Art Hansen (Applicant) for
School District #7, Buffalo County, Nebraska (Owner) for a Conditional Use
Permit for the location of a wide area network tower at Central Elementary and
eleven telescoping antennae poles over 35 feet above roofline on property zoned
“District R-1, Urban Residential Single-Family District”, “District R-3, Urban
Residential Multi-Family District (Medium Density)”, “District R-3/ND, Urban
Residential Multi-Family District (Medium Density)/Historic and Neighborhood
Conservation Overlay District”, “District C-3, General Commercial District” and
described as follows: Lots 1292 through
1303, inclusive, Original Town of Kearney Junction, now the City of Kearney;
Tax Lot 1 in the Northeast Quarter of the Northeast Quarter of Section 2,
Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; the
south part of Lot 15, Southeast Quarter School Section Addition to the City of
Kearney; Lots 1 through 10, inclusive, of Block 2, Kearney Plaza 6th Addition
to the City of Kearney; Lot 1, High School Addition to the City of Kearney;
Lots 1 through 110, Patterson’s Subdivision to the City of Kearney; all of
Block 19, Kearney Land and Investments Company 1st Addition to the City of
Kearney; Lot 1, Block 1, Elementary School Addition to the City of Kearney;
Formerly Lots 10 through 23 of Block 7, Plainview Subdivision to the City of
Kearney; Lots 7 through 12 inclusive of Block 19, Perkins and Harfords Addition
to the City of Kearney; Lot 1 of Block 2, Grandview Estates Addition to the
City of Kearney; Lot 1 of Block 6, Colonial Estates 4th Addition to the City of
Kearney, all in Buffalo County, Nebraska (300, 310 West 24th Street; 2705
Avenue E; 76 Plaza Boulevard; 915 West 35th Street; 3610 6th Avenue; 1511 5th
Avenue; 1010 East 53rd Street; 910 East 34th Street; 3000 7th Avenue; 4611
Avenue N; and 4211 20th Avenue).
(Planning Commission recommended approval subject to the guy wires will
be used and that the height restrictions for the towers be waived based on the
presentation.)
IV CONSENT AGENDA *
1. Approve Minutes of
Regular Meeting of September 24, 2002.
2. Approve Claims.
3. Approve the Agreement to
Provide Services between the City of Kearney and TerraScan providing a
Geographic Information System and approve Resolution No. 2002-237.
4. Approve the application
for a Special Designated License submitted by ALLEY ROSE in connection with
their Class I/K21763 Liquor License to dispense beer, wine and distilled
spirits in the Extension Building at the Buffalo County Fairgrounds, 3807
Avenue N, on November 23, 2002 between the hours of 3:30 p.m. and 1:00 a.m. for
a wedding reception.
5. Approve the request
submitted by Janet Miller to extend Conditional Use Permit No. 1998-08 for a
Bed and Breakfast located at 5510 West 30th Street for a period of two years.
6. Approve Application and
Certificate for Payment No. 1 in the amount of $24,357.46 submitted by
Blessing, LLC for the 2002 Part IV Improvements consisting of Paving
Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd
Avenue from 15th Street to 16th Street, Paving Improvement District No.
2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to
North Railroad Street, and Paving Improvement District No. 2002-870 for the
alley between Central Avenue and Avenue A from 21st Street to North Railroad
Street and approve Resolution No. 2002-238.
7. Approve Application and
Certificate for Payment No. 6 in the amount of $323,641.75 submitted by
Blessing, LLC for the 2002 Part III Improvements consisting of Paving
Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a
distance of 2777± feet, Paving Improvement District No. 2001-866 for 11th
Street from 116 feet east of 17th Avenue to Kea West Avenue and approve
Resolution No. 2002-239.
8. Approve Change Order No.
3 for a decrease in the amount of $31,235.80, Application and Certificate for
Payment No. 11-Final in the amount of $104,513.06, and Certificate of
Substantial Completion submitted by Blessing, LLC for the 2000 Part VI
Improvements consisting of Paving Improvement District No. 2000-822 for Central
Avenue from Talmadge Street to 11th Street and approve Resolution No. 2002-240.
9. Approve Change Order No.
2 for a decrease in the amount of $6,000.00, Application and Certificate for
Payment No. 6-Final in the amount of $5,600.00 submitted by Blessing, LLC for
the 2001 Part I Improvements consisting of Paving Improvement District No.
2000-839 for Antelope Avenue from Highway 30 north 2020 feet and approve
Resolution No. 2002-241.
10. Approve Change Order No.
2 for a decrease in the amount of $20,712.51, Application and Certificate for
Payment No. 5-Final in the amount of $1,528.32, and Certificate of Substantial
Completion submitted by Blessing, LLC for the 2001 Part III Improvements – Bid
B consisting of Paving Improvement District No. 2000-838 for Avenue E from 51st
Street to 56th Street, Paving Improvement District No. 2000-841 for 21st Street
from 28th Avenue east 351 feet, Paving Improvement District No. 2000-842 for
28th Avenue from 21st Street to West Villa Drive, Paving Improvement District
No. 2000-843 for 52nd Street from Avenue E east to its terminus in a
cul-de-sac, Paving Improvement District No. 2000-850 for 28th Avenue from 37th
Street north to a point 150 feet south of 42nd Street and approve Resolution
No. 2002-242.
11. Approve the application
for a Special Designated License submitted by ALLEY ROSE in connection with
their Class I/K21763 Liquor License to dispense beer, wine and distilled
spirits in the Extension Building at the Buffalo County Fairgrounds, 3807
Avenue N, on October 26, 2002 between the hours of 3:30 p.m. and 1:00 a.m. for
a wedding reception.
* 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. 6916 -- Rezone from “District AG, Agricultural District” to “District C-0, Office
District” property described as a part of Lots 23 and 24 in East Section 31,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7247
West Highway 30). (Pertains to Public
Hearing 2.)
2. Consider the application
submitted by Les Adelung, Attorney-in-Fact (Applicant) for
Nicholas and Rose Ponticello (Owner) for final plat approval of “COVERED WAGON
SUBDIVISION” to Buffalo County, Nebraska and approve Resolution No. 2002-243.
3. ORDINANCE NO. 6917 – Grant a Conditional Use Permit to Gary Cassel for Alltel Communications
of Nebraska (Applicant), and Larry and Ronald Nickman (Owner of Property) for
the location of a 77-foot monopole with a 40 foot by 40 foot equipment inside a
confined area on property zoned “District M-1/PD Limited Industrial/Planned
Development Overlay District” and described as a tract of land being part of
the Northeast Quarter of the Southeast Quarter of Section 23, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (6204 2nd Avenue). (Pertains to Public Hearing 3.)
4. ORDINANCE NO. 6918 –
Grant a Conditional Use Permit to Art Hansen (Applicant)
for School District #7, Buffalo County, Nebraska (Owner) for the location of a
wide area network tower at Central Elementary and eleven telescoping antennae
poles over 35 feet above roofline on property zoned “District R-1, Urban
Residential Single-Family District”, “District R-3, Urban Residential
Multi-Family District (Medium Density)”, “District R-3/ND, Urban Residential
Multi-Family District (Medium Density)/Historic and Neighborhood Conservation
Overlay District”, “District C-3, General Commercial District” and described as
follows: Lots 1292 through 1303,
inclusive, Original Town of Kearney Junction, now the City of Kearney; Tax Lot
1 in the Northeast Quarter of the Northeast Quarter of Section 2, Township 8
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; the south part
of Lot 15, Southeast Quarter School Section Addition to the City of Kearney;
Lots 1 through 10, inclusive, of Block 2, Kearney Plaza 6th Addition to the
City of Kearney; Lot 1, High School Addition to the City of Kearney; Lots 1
through 110, Patterson’s Subdivision to the City of Kearney; all of Block 19,
Kearney Land and Investments Company 1st Addition to the City of Kearney; Lot
1, Block 1, Elementary School Addition to the City of Kearney; Formerly Lots 10
through 23 of Block 7, Plainview Subdivision to the City of Kearney; Lots 7
through 12 inclusive of Block 19, Perkins and Harfords Addition to the City of
Kearney; Lot 1 of Block 2, Grandview Estates Addition to the City of Kearney;
Lot 1 of Block 6, Colonial Estates 4th Addition to the City of Kearney, all in
Buffalo County, Nebraska (300, 310 West 24th Street; 2705 Avenue E; 76 Plaza
Boulevard; 915 West 35th Street; 3610 6th Avenue; 1511 5th Avenue; 1010 East
53rd Street; 910 East 34th Street; 3000 7th Avenue; 4611 Avenue N; and 4211
20th Avenue). (Pertains to Public
Hearing 4.)
5. Consider the application
submitted by Mitch Humphrey (Applicant) for Greg and Tamara Brandt (Owner) for
revised final approval for “BRANDT’S LAKEWOOD 7TH SUBDIVISION” to Kearney
County, Nebraska (approximately 350 feet north of W Road and west of Cherrywood
Street) and approve Resolution No. 2002-244.
6. Consider the Agreement
with James Gregory and Tamara S. Brandt to waive the paving requirement for the
private access road that lies within Brandt’s Lakewood 7th Subdivision and
approve Resolution No. 2002-245.
7. Consider the bids
received for the 2002 Water System Improvements consisting of Water Connection
District No. 2002-1 for 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 for 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 for 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. 2002-246 awarding the bid to Midlands Contracting in the
amount of $1,129,012.50.
8. Consider the Agreement
with Central Platte NRD to haul dirt from the drainage project to cover an old
disposal site located south of 11th Street in Antelope Avenue and approve
Resolution No. 2002-247
9. Consider the bids
received for the proposed pedestrian bridge for the Yanney Heritage Park Trail
and approve Resolution No. 2002-248 awarding the bid to Interstate Structures
in the total amount of $86,289.04.
10. Consider the application
for an addition to the licensed premise submitted by T.E. SHELDON, dba “The
Roman” in connection with their Class I52918 Liquor License located at 2004
Central Avenue.
11. Consider the Plans and
Specifications for 25th Street and Avenue N intersection improvements and set
the bid opening date for October 29, 2002 at 2:00 p.m.
12. 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 Pete
Kotsiopulos Council
member Bruce Blankenship
12 Hillcrest Drive 4415
Sunset Trail
237-9328 home 238-0080
office 234-6343
home 236-6903 office
Council member Don Kearney Council
member Randy Buschkoetter
701 Huron Drive 1110 13th Avenue
237-3225 home 236-5411
office 234-5553
home 237-6101 office
Council member Jose Zapata City
Manager G. Allen Johnson
416 East 17th Street 18
East 22nd Street
234-1273 home
308-745-0780 office 233-3214
office