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KEARNEY CITY COUNCIL

AGENDA

City Council Chambers, 18 East 22nd Street

September 12, 2006

7:00 p.m.

 

I  ROUTINE BUSINESS

 

1.         Invocation (President or Designee of KMA).

 

2.         Pledge of Allegiance.

 

3.         Announcement on Open Meetings Act.

 

4.         Roll call.

 

5.         Oral Communication - Recognition of visitors:

            Presentation of Service Awards to Outgoing Board/Commission Members: Tim Weides, Advisory Board of Cable Commissioners; Alan Jenkins, Advisory Board of Cable Commissioners; Norris Marshall, Airport Advisory Board; John Rademacher, Board of Adjustment; Gerald Dulitz, Civil Service Commission; Tanis Hall-Goedert, Downtown Improvement Board; Andy Hanson, Golf Advisory Board; Elda Rodgers, Golf Advisory Board; Mary Henning, Library Advisory Board; Lorin Downing, Planning Commission.

 

            Presentation of Firefighter I Awards to Arron Adams and Mason Dendinger.

 

II  UNFINISHED BUSINESS

 

None.

 

III  PUBLIC HEARINGS

 

1.         TABLED AUGUST 8, 22, 2006  Conduct a public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Medium Density Residential” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) and approve Resolution No. 2006-135.

 

2.         TABLED AUGUST 8, 22, 2006  Conduct a public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) to rezone from “District AG, Agricultural District” and “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Multi Family District (Medium Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska; AND 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 located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 1.19 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane).

 

3.         TABLED AUGUST 8, 22, 2006  Conduct a public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for final plat and Subdivision Agreement approval for “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) and approve Resolution No. 2006-136.

 

4.         TABLED AUGUST 8, 22, 2006  Conduct a public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for the inclusion into the City limits of “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) and approve Resolution No. 2006-137.

 

5.         Conduct a public hearing on the Application submitted by Gregg Johnson from Johnson Imperial Home Co. (Applicant and 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 Lots 5 through 16, inclusive, of Block 3, Windsor Estates Seventh Addition to the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue and 47th Street Place).

 

6.         Conduct a public hearing on the Application submitted by Richard Stacy from Miller & Associates (Applicant) and Dean Slingsby, Trustee of the Slingsby Family Trust (Owner) to rezone from “District C‑2/ND-1, Community Commercial District/Pioneer Park Neighborhood Conservation Overlay District” to “District C-2, Community Commercial District” property described as the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6, 7, 8, 9, 10, and the south 49 feet of Lot 11, all in Block 9, Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska, together with the vacated alley located between said lots, excepting therefrom the west 92 feet of Lot 7 and the west 92 feet of the south 30 feet of Lot 8 of Block 9 thereof (west of 14th Avenue, east of 15th Avenue and north of 22nd Street).

 

7.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Terry L. Broadfoot (Owner) for final plat and Subdivision Agreement approval for “AUSTIN ESTATES SECOND” a subdivision to Buffalo County, Nebraska for property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 6.61 acres, more or less, Buffalo County, Nebraska (west of 610 West 66th Street Place) and approve Resolution No. 2006-152.

 

8.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Stener and Frances Carlson (Owner) for final plat approval for “CARLSON ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.10 acres, more or less, Buffalo County, Nebraska (lying between Central Avenue and 2nd Avenue and north of 4th Street) and approve Resolution No. 2006-153.

 

9.         Conduct a public hearing for the purpose of adopting the City of Kearney Budget for the 2006-2007 Fiscal Year.

 

10.        Conduct a public hearing for the purpose of adopting the City of Kearney Offstreet Parking District No. 1 Budget for the 2006-2007 Fiscal Year.

 

11.        Conduct a public hearing for the purpose of setting the 2006 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and approve Resolution No. 2006-154.

 

IV  CONSENT AGENDA  *

 

1.         Approve Minutes of Regular Meeting held August 22, 2006.

 

2.         Approve the Claims.

 

3.         Approve Resolution No. 2006-155 allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $79,491.91 which will be carried over to the 2006-2007 budget as “Unused Budget Authority”.

 

4.         Approve the recommendation submitted by the Keno Committee on the allocation on non-departmental keno funds designed for outside agencies.

 

5.         Approve the City of Kearney Annual Goals, Long Range Goals, and Capital Improvement Plan.

 

6.         Approve the Kearney Public Library & Information Center Policy Manual and approve Resolution No. 2006-156.

 

7.         Approve the Agreement with The S.A.F.E. Center to block off the parking lot located north of the Museum of Nebraska Art on October 12, 2006 beginning at 5:00 p.m. until 10:00 p.m. for their 10th Annual Candlelight Vigil.

 

8.         Approve Resolution No. 2006-157 declaring all future special assessments for certain paving, water and sewer districts delinquent for the following properties: Lots 674, 675, 676, together with the vacated east 10 feet of Avenue B abutting said lot on the west, all in Original Town of Kearney Junction, now the City of Kearney, Nebraska; east half of the south half of Lot 1758, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, together with all of that portion of the vacated west 17 feet of Avenue F as the same abuts the above described tract on the east; Lots 1, 2, 3, H-D-R 2nd Addition to the City of Kearney, Buffalo County, Nebraska; Lot 974, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska.

 

9.         Approve the bids received for Phase I of the Northwest Well Field Development – Municipal Water Wells and approve Resolution No. 2006-158 awarding the bid to Sargent Drilling Co. of Broken Bow, Nebraska in the amount of $2,364,294.50.

 

10.        Accept the report from the City Clerk on the insufficiency of objection/protest filed in connection with Ordinance No. 7285 creating Paving Improvement District No. 2006-911, Ordinance No. 7286 creating Water District No. 2006-545 and Ordinance No. 7287 creating Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, an addition to the City of Kearney.

 

11.        Approve the bids received for the 2006 Part IV Improvements consisting of paving Avenue K from 13th Street to 14th Street, off-street parking at Nina Hammer Park, the installation of sidewalks along the south and west sides of Nina Hammer Park, installation of sidewalk along the north side of 11th Street from Avenue B to Avenue M, and on the west side of Avenue M from 11th Street to 17th Street and approve Resolution No. 2006-159 awarding the bid to Blessing, LLC in the amount of $144,816.75.

 

12.       Approve the bids received for the 2006 Part V Improvements consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates and approve Resolution No. 2006-160 awarding the bid to Midlands Contracting, Inc. in the amount $84,100.00 for Bid A (water and sewer) and to Blessing, LLC in the amount of $290,138.00 for Bid B (paving).

 

13.       Approve the bids received for the 2006 Part VI Improvements consisting of Paving Improvement District No. 2006-912 for the alley lying west of 2nd Avenue from 22nd Street to 24th Street and approve Resolution No. 2006-161 awarding the bid to Blessing, LLC in the amount of $125,243.50.

 

14.       Approve the application to extend Conditional Use Permit No. 1979-06 submitted by Susan Underhill to locate a day care facility at 2803 Avenue I for a period of one year.

 

15.        Approve the application for a Special Designated License submitted by LEROY SMITH & BARBARA YENDRA, dba "George Spencer Vineyard & Tasting Room" in connection with their Class ID62962 liquor license to dispense beer and wine inside two tents (20’x40’ and 30’x60’) which will be enclosed by an outside fence located at the Kearney Area Children’s Museum, 2005 1st Avenue, on September 30, 2006 from 4:00 p.m. until 10:00 p.m. for a fund raising event subject to the City receiving the required Certificate of Insurance.

 

16.        Approve Application and Certificate for Payment No. 4 in the amount of $12,323.52 submitted by Midlands Contracting and approved by Miller & Associates for the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and approve Resolution No. 2006-162.

 

17.        Approve Change Order No.1 showing a decrease in the amount of $2,807.61, Application and Certificate for Payment No. 1-Final in the amount of $118,152.19, and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2006 Cemetery Paving Improvements and approve Resolution No. 2006-163.

 

18.        Approve the request submitted by the University of Nebraska at Kearney to conduct a Homecoming Parade on October 28, 2006 beginning at 10:00 a.m. The route will commence on North Railroad Street and Central Avenue, north on Central Avenue to 27th Street, west on 27th Street to 9th Avenue.  The staging area to be blocked off beginning at 7:00 a.m. is Railroad Street from Avenue E to 5th Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, 20th Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street.

 

19.        Approve Resolution No. 2006-164 accepting the Corporation Warranty Deed from Platte Valley State Bank & Trust Company with regard to Phase I of the 39th Street Improvement Project.

 

20.        Approve the request submitted by Victor and Rena Zapata in placing a fence on the front side of 3112 4th Avenue and approve Resolution No. 2006-165.

 

*           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. 7292 – Adopt the City of Kearney Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities. (Pertains to Public Hearing 10)

 

2.         ORDINANCE NO. 7293 – Repeal Ordinance No. 7214 and classify the officers and employees of the City; fix the ranges of compensation of such officers and employees; establish the hours and work period for overtime eligibility; provide for payments of clothing and/or uniform allowances; and provide for payment of vehicle allowance.

 

3.         ORDINANCE NO. 7294 – Amend Section 8-617 “Chemical Tests; Refusal; Penalties” of Article 6 “Operation of Vehicles” of Chapter 8 “Police” of the Kearney City Code to correctly reflect the changes to coincide with the Nebraska Revised Statutes.

 

VI  REGULAR AGENDA

 

1.         ORDINANCE NO. 7295 – Vacate Lot 3 of Block 1, J.N. Addition to the City of Kearney, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). (Pertains to Public Hearing 2)

 

2.         ORDINANCE NO. 7296 – Rezone from “District AG, Agricultural District” and “District R-1, Urban Residential Single Family District (Low Density)”  to “District R-2, Urban Residential Multi Family District (Medium Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska; AND 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 located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 1.19 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). (Pertains to Public Hearing 2)

 

3.         ORDINANCE NO. 7297 – Rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed Density District/Planned Development Overlay District” property described as Lots 5 through 16, inclusive, of Block 3, Windsor Estates Seventh Addition to the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue and 47th Street Place). (Pertains to Public Hearing 5)

 

4.         ORDINANCE NO. 7298 – Rezone from “District C‑2/ND-1, Community Commercial District/ Pioneer Park Neighborhood Conservation Overlay District” to “District C-2, Community Commercial District” property described as the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6, 7, 8, 9, 10, and the south 49 feet of Lot 11, all in Block 9, Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska, together with the vacated alley located between said lots, excepting therefrom the west 92 feet of Lot 7 and the west 92 feet of the south 30 feet of Lot 8 of Block 9 thereof (west of 14th Avenue, east of 15th Avenue and north of 22nd Street). (Pertains to Public Hearing 6)

 

5.         Consider the application for addition submitted by SAN PEDRO INC., dba “San Pedro Mexican Restaurant” in connection with their Class I-67018 liquor license located at 3907 Central Avenue. The addition includes a 31 feet by 13 feet outdoor seating area on the south side of the building.

 

6.         Consider the request for a variance submitted by R.W. Sorensen Construction on behalf of Mount Carmel Nursing Home, 418 West 18th Street, on allowing angle parking along 17th Street between 4th Avenue and 5th Avenue.

 

7.         Open Account Claims: NPPD - $31.58; Fremont National Bank - $37,905.75; Platte Valley State Bank - $125.00; Stan Clouse - $133.84

 

VII  REPORTS

 

VIII  ADJOURN

 

 

Mayor Galen Hadley

3112 Country Club Lane

237-3794 home

mayor@kearneygov.org

Vice-President Randy Buschkoetter

1110 13th Avenue

234-5553 home

698-8106 office

citycouncil@kearneygov.org

 

Council Member Don Kearney

701 Huron Drive

237-3225 home

236-5411 office

citycouncil@kearneygov.org

Council Member Stan Clouse

4907 Linden Drive Place

236-6193 home

238-5210 office

citycouncil@kearneygov.org

Council Member Bruce Lear

4803 Avenue L Place

234-5354 home

234-2424 office

citycouncil@kearneygov.org

 

City Manager Michael Morgan

18 East 22nd Street

233-3214 office

mmorgan@kearneygov.org

 

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