AGENDA

City Council Chambers, 18 East 22nd Street

May 9, 2006

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.

 

II   UNFINISHED  BUSINESS

 

None.

 

III   PUBLIC  HEARINGS

 

1.         TABLED APRIL 11 AND 25, 2006.  Conduct a public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue) and approve Resolution No. 2006-52.

 

2.         TABLED APRIL 11 AND 25, 2006.  Conduct a public hearing on the Application submitted by Trenton Snow, Land Surveyor (Applicant) for Sylvia Pemberton, Personal Representative of the Estate for Virgil Pemberton (deceased) (Owner) to rezone from “District AG, Agricultural District” to “District RR-2, Rural Residential District (Intermediate Standards)” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue).

 

3.         TABLED APRIL 11 AND 25, 2006.  Conduct a public hearing on the Application submitted by Trenton Snow, Land Surveyor (Applicant) for Sylvia Pemberton, Personal Representative of the Estate for Virgil Pemberton (deceased) (Owner) for final plat approval and Subdivision Agreement for “PEMBERTON SUBDIVISION” a subdivision being a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue) and approve Resolution No. 2006-53.

 

4.         Conduct a public hearing on the Application submitted by Jeffrey Overturf for PABO, LLC (Applicant) and Bob Wilson (Owner) for a Conditional Use Permit to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street).

 

5.         Conduct a public hearing on the Application submitted by Chad Micek (Applicant) and Northwest Crossings, LLC (Owner) to rezone from “District C-1, Limited Commercial District” to “District C-1/PD, Limited Commercial/Planned Development Overlay District” property described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1408 East 39th Street).

 

6.         Conduct a public hearing on the Application submitted by Chad Micek (Applicant) and Northwest Crossings, LLC (Owner) for Planned District Development Plan Approval for an expansion to a health club facility on property to be zoned “District C-1/PD, Limited Commercial/Planned Development Overlay District” and described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1408 East 39th Street) and approve Resolution No. 2006-61.

 

7.         TABLED BY APPLICANT UNTIL JUNE 13, 2006. Conduct a public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road) and approve Resolution No. 2006-62.

 

8.         TABLED BY APPLICANT UNTIL JUNE 13, 2006. Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) 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 Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road).

 

9.         TABLED BY APPLICANT UNTIL JUNE 13, 2006. Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) for final plat approval and Subdivision Agreement for “VOGT SUBDIVISION” a subdivision being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road) and approve Resolution No. 2006-63.

 

10.        TABLED BY APPLICANT UNTIL JUNE 13, 2006.  Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) and Jeffrey Sikes for TWL, LLC (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Northeast Quarter of the Northeast Quarter of  Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.62 acres, more or less, of which 0.87 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (west of the intersections of 67th Street and Avenue N and 69th Street and Avenue N).

 

11.        WITHDRAWN BY APPLICANT/GOING BACK TO PLANNING COMMISSION.  Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) and Jeffrey Sikes for TWL, LLC (Owner) for final plat approval and Subdivision Agreement for “BEL AIR THIRD ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Northeast Quarter of the Northeast Quarter of  Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.62 acres, more or less, of which 0.87 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (west of the intersections of 67th Street and Avenue N and 69th Street and Avenue N).

 

12.        Conduct a public hearing for the City Council to meet as a Board of Equalization to assess costs for Lot 1, Stoneridge Fourth Addition in connection with Paving Improvement District No. 2003-873A for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive; Paving Improvement District No. 2004-884 for Avenue A from 11th Street to 10th Street; Paving Improvement District No. 2004-886 for Avenue K from 14th Street north to 15th Street; Paving Improvement District No. 2004-887 for 14th Street from Avenue K east to Avenue M; Paving Improvement District No. 2004-888 for 15th Street from Avenue K east to Avenue M; Paving Improvement District No. 2004-889 for 15th Street from Avenue H east to Avenue I; Water District No. 2004-533 for Avenue K from 14th Street north to 15th Street; Water District No. 2004-534 for 14th Street from Avenue K east to Avenue M; Water District No. 2005-540 for West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, an addition to the City of Kearney; Sewer District No. 2004-475 for Avenue K from 14th Street north to 15th Street; Sewer District No. 2004-476 for 14th Street from Avenue K east to Avenue M; Sewer District No. 2004-477 for 15th Street from Avenue K east to Avenue M; and approve Resolution No. 2006-64.

 

13.        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 districts which fee shall be paid to the City at the time such property becomes connected to the water and/or sewer line Water Connection District No. 2004-1 for 20th Street from Avenue M east to Avenue O; Water Connection District No. 2004-2A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition; Water Connection District No. 2004-3A for Avenue O from 20th Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition; Water Connection District No. 2004-4 for Avenue D from 11th Street north to 13th Street; 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; Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street; Sewer Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from 18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition; Sewer Connection District No. 2004-3 for 20th Street from Avenue M east to Avenue O; Sewer Connection District No. 2004-4A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition; Sewer Connection District No. 2004-5 for 21st Street from Avenue M east to Avenue N; Sewer Connection District No. 2004-6 for 22nd Street from Avenue M east to Avenue N; Sewer Connection District No. 2004-7 for Avenue D from 11th Street north to 13th Street and approve Resolution No. 2006-65.

 

14.        Conduct a public hearing on the Engineering Report for construction of the northwest well field, transmission main and water conditioning building as required by the Nebraska Department of Environmental Quality to discuss the proposed project and the potential impact to the existing water rates and approve Resolution No. 2006-66.

 

15.        Conduct a public hearing concerning an application to the Department of Economic Development for a Community Development Block Grant in the amount of $200,000 for the construction of the Nebraska Firefighters Museum and Educational Center and approve Resolution No. 2006-67.

 

16.        Conduct a public hearing concerning an application to the Department of Economic Development for a Community Development Block Grant in the amount of $77,000 for the purchase of theatrical lighting and stage rigging systems for the Merryman Performing Arts Center and approve Resolution No. 2006-68.

 

IV   CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held April 25, 2006 Minutes of Council Retreat held on April 25, 2006.

 

2.         Approve the Claims.

 

3.         Approve the Interlocal Agreement between the City of Kearney and the Merryman Performing Arts Center concerning the Community Development Block Grant and approve Resolution No. 2005-69. (Pertains to Public Hearing 16.)

 

4.         Approve the recommendation from Administration on accepting the water and sanitary sewer that serves Lot 6, Block 4, Grandview Estates Addition to the City of Kearney, Buffalo County, Nebraska (3910 Avenue R) as constructed in accordance with the terms of the Developer Constructed Infrastructure Agreement and approve Resolution No. 2006-70.

 

5.         Approve the Developer Constructed Infrastructure Agreement with W & S Investments LLC to construct a sanitary sewer main to serve Lot 3 of Block 1, except the south 245 feet thereof, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (Parklane Drive north of 52nd Street) and approve Resolution No. 2006-71.

 

6.         Approve the application for a Special Designated License submitted by DOUGLAS HOOS, dba "Tub's Pub" in connection with their Class CK282 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on June 3, 2006 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

7.         Approve the application for a Special Designated License submitted by EXPRESSIONS CATERING, INC., dba “Paradise Cove” in connection with their Class CK58433 liquor license to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on May 27, 2006 from 3:00 p.m. until 1:00 a.m. for a wedding dance and reception.

 

8.         Approve the bids received for the construction of the 2006 Part I Improvements, Phase I consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2006-72 awarding the bid to Blessing, LLC in the amount of $746,693.00.

 

9.         Approve the application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico” in connection with their Class “IB37623” Liquor License to dispense beer and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on June 3, 2006 from 6:00 p.m. until 1:00 a.m. for a Mexican dance subject to the City receiving the required Certificate of Insurance.

 

10.        Accept the engineering report on the placement of a four-way stop sign located at the intersection of 29th Street and 5th Avenue and approve Resolution No. 2006-73.

 

*           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.         ORDINANCE NO. 7255 – Amend Section 8-804 “Specific Limits” of Article 8 “Speed Limitations” of Chapter 8 “Police” of the Code of the City of Kearney to adjust the speed limit on portions of the following streets: 30th Avenue, 17th Avenue, Avenue N, 39th Street, 11th Street, Avenue E, 48th Street, Railroad Street, and 1st Street East.

 

VI   REGULAR  AGENDA

 

1.         TABLED APRIL 11 AND 25, 2006.  ORDINANCE NO. 7251 – Rezone from “District AG, Agricultural District” to “District RR-2, Rural Residential District (Intermediate Standards)” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue). (Pertains to Public Hearing 2)

 

2.         ORDINANCE NO. 7256 – Grant a Conditional Use Permit to Jeffrey Overturf for PABO, LLC (Applicant) and Bob Wilson (Owner) to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street). (Pertains to Public Hearing 4)

 

3.         ORDINANCE NO. 7257 – Rezone from “District C-1, Limited Commercial District” to “District C-1/PD, Limited Commercial/Planned Development Overlay District” property described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1408 East 39th Street). (Pertains to Public Hearing 5)

 

4.         TABLED BY APPLICANT UNTIL JUNE 13, 2006. ORDINANCE NO. 7258 – 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 Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road). (Pertains to Public Hearing 8)

 

5.         ORDINANCE NO. 7259 – Amend Section 10-207 “Sewer Use Charges” of Article 2 “Sewers” of Chapter 10 “Utilities” of the Code of the City of Kearney to adjust the rates and use charges for property served directly or indirectly by the sanitary sewerage system of the City of Kearney accordingly for the years 2006, 2007, 2008, 2009 and 2010; and Section 10-317 “Rates and Charges” of Article 3 “Water” of Chapter 10 “Utilities” of the Code of the City of Kearney to adjust the rates and use charges for property served directly or indirectly by the water system of the City of Kearney accordingly for the years 2006, 2007, 2008, 2009 and 2010.

 

6.         ORDINANCE NO. 7260 – Amend Section 5-212 “Collection Regulations; Rates and Charges” of Article 2 “Garbage and Trash” of Chapter 5 “Health and Sanitation” of the Code of the City of Kearney to adjust the schedule of charges for collection of refuse and garbage for each property served for the years 2006, 2007, 2008, 2009, 2010 accordingly.

 

7.         Discuss adopting a policy establishing guidelines on the Capital Improvement Projects/Sales Tax on prioritizing and spending of the ½ cent sales tax.

 

8.         Discuss a City Council representative serving as a liaison on the various Boards/Commissions of the City of Kearney.

 

9.         Open Account Claims: Fremont National Bank - $38,462.12; Platte Valley State Bank - $150.00; School District #7 - $7,922.40

 

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	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