AGENDA

City Council Chambers, 18 East 22nd Street

April 12, 2005

7:00 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; National Library Week Proclamation.

 

II   UNFINISHED  BUSINESS

 

None.

 

III   PUBLIC  HEARINGS

 

1.         Conduct a public hearing for the City Council to meet as a Board of Equalization to assess costs for Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive, and for Lot 3, Block 1, Camelot First Addition, an Addition to the City of Kearney in connection with Paving Improvement District No. 98-788 for Avenue N from 56th Street north 1,700± feet and approve Resolution No. 2005-41.

 

2.         Conduct a public hearing on the Application submitted by Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical/office facility on property zoned to “District C-0/PD, Office District/Planned Development Overlay District” and described as Lot 7, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (615 West 39th Street) and approve Resolution No. 2005-42. (Planning Commission recommended approval.)

 

3.         Conduct a public hearing on the Application submitted by Gerard and Nicole Straka (Applicant) and Diane Belschner (Owner) for Planned District Development Plan Approval for the construction of an office on property zoned to “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the east 125 feet of Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) and approve Resolution No. 2005-43. (Planning Commission recommended approval subject to the landscaping issues being addressed before going to Council.)

 

4.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Daniel Roeder (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 West Half of the Southeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, formerly known as Lots 1, 2, 3 of Block 3, Sunny Meadows Estates to the City of Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd Street). (Planning Commission recommended approval.)

 

5.         Conduct a public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agriculture” to “Rural Estates” property described as a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street) and approve Resolution No. 2005-44. (Planning Commission recommended approval.)

 

6.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Steven Mercer (Owners) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street). (Planning Commission recommended approval.)

 

7.         Conduct a public hearing on the proposed amendment to Chapter 14 “Zoning District Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to include car washes as a conditional use in a “District C-1, Limited Commercial District” zone with a Conditional Use Permit. (Planning Commission recommended approval.)

 

8.         Conduct a public hearing on the application to the Department of Economic Development for a Community Development Block Grant and approve Resolution No. 2005-45.

 

9.         Conduct a public hearing on the application to the U.S. Department of Justice for a Justice Assistance Grant and approve Resolution No. 2005-46.

 

IV   CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held March 22, 2005.

 

2.         Approve the Claims.

 

3.         Approve canceling special assessments levied against certain lots and lands and to remove the said records and assessment schedules from the active files of the City of Kearney and approve Resolution No. 2005-47.

 

4.         Approve Supplemental Agreement No. 1 between the City of Kearney and the Nebraska Department of Roads [Project No. ELEC-30-4(1039)] to allow the City to use federal STP funds for traffic signal installation at the intersection of Highway 30 (25th Street) and Avenue E and approve Resolution No. 2005-48.

 

5.         Approve the amendments to the City of Kearney, Nebraska Police Officers’ Pension Plan and Trust, the City of Kearney, Nebraska Firefighters’ Pension Plan and Trust, and the Money Accumulation Plan for Employees of the City of Kearney and Kearney Municipal Airport Corporation and approve Resolution No. 2005-49.

 

6.         Authorize the Mayor to execute the Certificate of Title for Airport Improvement Project Nos. 3-31-0045-15 for commercial and general aviation ramp milling and resurfacing project and 3-31-0045-16 for the new Snow Removal Equipment building and approve Resolution No. 2005-50.

 

7.         Authorize the Mayor to execute the Grant Agreements for Airport Improvement Project Nos. 3-31-0045-15 for commercial and general aviation ramp milling and resurfacing project and 3-31-0045-16 for the new Snow Removal Equipment building and approve Resolution No. 2005-51.

 

8.         Approve the request submitted by Cathleen Headlee to extend Conditional Use Permit No. 95-02 to locate a dog grooming business at 211 East 30th Street for a period of one year.

 

9.         Approve the request submitted by Terry Broadfoot to extend Conditional Use Permit No. 2000-03 to operate a gravel mining operation located ¾ mile west of Fort Kearny Inn and south of I-80 for a period of five years.

 

10.       Authorize the City Manager to sign checks, drafts or other withdrawal orders issued against the funds of the City on deposit with designated depositories and approve Resolution No. 2005-52.

 

11.       Approve the Developer Constructed Infrastructure Agreement for Talmadge Center Addition with South Side Realty, Talmadge Land, and First National Bank and Trust Company of Minden to construct public improvements in 1st Avenue Place and approve Resolution No. 2005-53.

 

12.       Approve the application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico” in connection with their Class BM37624 liquor license to dispense beer and distilled spirits in the Exposition Building at the Buffalo County Fairgrounds, 3807 Avenue N, on May 29, 2005 from 6:00 p.m. until 12:00 a.m. for a Mexican dance.

 

13.       Approve the request submitted by the First Baptist Church to expand the parking capacity at the Church by replacing the parallel parking on the north side of 38th Street as it abuts the church property with angle parking.

 

14.       Approve the application for a Special Designated License submitted by NIGHT LIFE CONCEPTS INC., dba “Cunningham’s Journal” in connection with their Class CK59311 liquor license to dispense beer, wine and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on May 7, 2005 from 7:00 p.m. until 12:00 a.m. for Cinco de Mayo celebration.

 

*           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  *

 

1.         PLACE ON THIRD AND FINAL READING.  ORDINANCE NO. 7153 – Amend Chapter 13 “Use Types”, Chapter 14 “Zoning District Regulations”, and Chapter 46 “Supplemental Uses Regulations” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to include therapeutic riding as an allowable use in a “District M-1, Limited Industrial District” zone with a Conditional Use Permit.

 

2.         PLACE ON THIRD AND FINAL READING.  ORDINANCE NO. 7154 – Grant a Conditional Use Permit to Teressa Rundstrom for Hability Solution Services, Inc. (Applicant) and Liehs Drilling and Ron Blessing (Owner) to allow the use of horses for therapy on property zoned “District M-1, Limited Industrial District” and described as a tract of land being part of Lot 1, part of Lot 2, and part of Lot 11, all in St. Luke’s Good Samaritan Village, an addition to the City of Kearney, Buffalo County, Nebraska (3112 Antelope Avenue).

 

VI   REGULAR  AGENDA

 

1.         Consider the applications for deferral of special assessments submitted by NP Land Development, Inc., and Attorney Jack Parker on behalf of LeRoy Corrigan Trust, Roberta Corrigan, Trustee; Roberta Corrigan Farm, a Nebraska Limited Partnership 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. (Pertains to Public Hearing 1.)

 

2.         ORDINANCE NO. 7157 – Vacate Lots 1, 2 and 3 of Block 3, Sunny Meadows Estates, an addition to the City of Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd Street). (Pertains to Public Hearing 4. Planning Commission recommended approval.)

 

3.         ORDINANCE NO. 7158 – Vacate the cul-de-sac lying west of 22nd Avenue north of 39th Street and south of 42nd Street as it abuts Lots 1, 2 and 3 of Block 3, Sunny Meadows Estates, an addition to the City of Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd Street). (Pertains to Public Hearing 4. Planning Commission recommended approval.)

 

4.         ORDINANCE NO. 7159 – 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 West Half of the Southeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, formerly known as Lots 1, 2, 3 of Block 3, Sunny Meadows Estates to the City of Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd Street). (Pertains to Public Hearing 4.)

 

5.         Consider the application submitted by Mitch Humphrey (Applicant) for Daniel Roeder (Owner) for final plat approval of “SUNNY MEADOWS ESTATES THIRD”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the West Half of the Southeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd Street) and approve Resolution No. 2005-54 subject to the effective date of Ordinance Nos. 7157, 7158 and 7159. (Pertains to Public Hearing 4. Planning Commission recommended approval.)

 

6.         ORDINANCE NO. 7160 – Rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street). (Pertains to Public Hearing 6.)

 

7.         Consider the application submitted by Mitch Humphrey (Applicant) for Steven Mercer (Owner) for final plat approval of “ARCHVIEW ESTATES”, a subdivision in Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street) and approve Resolution No. 2005-55. (Pertains to Public Hearing 6. Planning Commission recommended approval.)

 

8.         ORDINANCE NO. 7161 – Amend Table 14-1 “Use Matrix” of Chapter 14 “Zoning District Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to include car washes as a conditional use in a “District C-1, Limited Commercial District” zone with a Conditional Use Permit. (Pertains to Public Hearing 7.)

 

9.         Consider the Application for Corporate Manager for Kevin Hibbs submitted by KEARNEY SHOOTERS INC., dba “Shooters” located at 2023 1st Avenue in connection with their Class C67029 liquor license.

 

10.       Consider the bids received for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue and approve Resolution No. 2005-56 authorizing Administration to negotiate with the low bidder.

 

11.       Consider the bids received for the 2005 Cemetery Paving Improvements and approve Resolution No. 2005-57 awarding the bid to Blessing, LLC in the amount of $109,477.00.

 

12.       Consider the bids received for the construction of the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park and approve Resolution No. 2005-58 awarding the bid to Blessing, LLC in the amount of $64,990.59.

 

13.       ORDINANCE NO. 7162 – Amend Section 3-1816 “Schedule; Alcoholic Beverage Dealers, Distributors” of Article 18 “Occupation, Business and Other Taxes” of Chapter 3 “Business Regulations” of the Code of the City of Kearney, Nebraska to increase the amount of occupation taxes in accordance with the statutes.

 

14.       ORDINANCE NO. 7163 – Create Paving Improvement District No. 2005-896 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska.

 

15.       ORDINANCE NO. 7164 – Create Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska.

 

16.       ORDINANCE NO. 7165 – Create Paving Improvement District No. 2005-897 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac.

 

17.       ORDINANCE NO. 7166 – Create Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac.

 

18.       ORDINANCE NO. 7167 – Create Paving Improvement District No. 2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac.

 

19.       ORDINANCE NO. 7168 – Create Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac.

 

20.       ORDINANCE NO. 7169 – Create Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue.

 

21.       Open Account Claims – NPPD - $197.57; Fremont National Bank - $35,555.95

 

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 Galen Hadley 3112 Country Club Lane 237-3794 home                   865-8342 office	Vice-President Randy Buschkoetter 1110 13th Avenue 234-5553 home               698-8106 office
Council Member Don Kearney 701 Huron Drive 237-3225 home                   236-5411 office	Council Member Stan Clouse 4907 Linden Drive Place 236-6193 home               238-5210 office
Council Member Bruce Lear 4803 Avenue L Place 234-5354 home                   234-2424 office	City Manager Michael W. Morgan 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