AGENDA

City Council Chambers, 18 East 22nd Street

August 12, 2003

7:30 P.M.

 

 

I           ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA);

            Reverend Tom Hansen, St. Luke’s Episcopal Church.

 

2.         Pledge of Allegiance.

 

3.         Roll call.

 

4.         Oral Communication - Recognition of visitors.

 

II          UNFINISHED  BUSINESS

 

None.

 

III         PUBLIC  HEARINGS

 

1.         WITHDRAWN BY THE APPELLANT.  Conduct a public hearing on the appeal filed by Betty Connell on the decision by the Planning Commission to grant a Conditional Use Permit to Jaylene Bashore (Applicant and Owner) to locate a Bed and Breakfast on property zoned “District ICMU, Interstate Corridor Mixed Use District” and described as Lot 9 of Block 4, Lake Villa Estates, an addition to the City of Kearney, Buffalo County, Nebraska (510 Huron Drive).  (On January 17, 2003 the Planning Commission approved PC Resolution No. 2003-01 granting the Conditional Use Permit subject to (1) the permit is granted for a 2-year period and renewable after that period, (2) that the property must meet the requirements set forth by the State Fire Marshal, and (3) that the permit is granted to the current owner of the property and is not transferable to a new owner.)

 

2.         Conduct a public hearing on the Application submitted by Jon Abegglen (Applicant) for Meadow Enterprise (Owner) for Planned District Development Plan Approval for the construction of a furniture store on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, North Acre Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska, excepting the west 225.0 feet thereof, and further excepting a tract of land deeded to the State of Nebraska filed in Instrument 1999-2808 at the Buffalo County Register of Deeds Office (north of Sears and adjacent to Cottonwood Vet Clinic) and approve Resolution No. 2003-116. (Planning Commission recommended approval subject to the trade-off for the 5-foot building offset will be additional landscaping on the west side of the building, submission of a revised landscape plan prior to the City Council meeting, and that a deviation for the percentage of front yard parking be observed. Administration recommends that the design and computations for the stormwater detention cell must be submitted and approved by the City Engineer prior to the issuance of any building permits.)

 

3.         Conduct a public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single Family Residential” to “Industrial” property described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street) and approve Resolution No. 2003-117. (Planning Commission recommended approval.)

 

4.         Conduct a public hearing on the Application submitted by City of Kearney (Applicant and Owner) to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density) District” to “District M-1, Limited Industrial District” property described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street). (Planning Commission recommended approval.)

 

5.         Conduct a public hearing on the Application submitted by Jeffrey Orr, Attorney (Applicant) for DT Development Inc. (Owner) for final plat approval for “LIGHTHOUSE POINT SEVENTH ADDITION” of a tract of land being part of the North Half of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.24 acres, more or less, Buffalo County, Nebraska (adjacent to Country Club Lane, west on 48th Street and east on 48th Street Place) and approve Resolution No. 2003-118. (Planning Commission recommended approval subject to the trail installation agreement being submitted prior to the Council meeting.)

 

6.         Conduct a public hearing on the Application submitted by Jeffrey Orr, Attorney (Applicant) for DT Development Inc. (Owner) for the inclusion of “LIGHTHOUSE POINT SEVENTH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the North Half of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.24 acres, more or less, Buffalo County, Nebraska (adjacent to Country Club Lane, west on 48th Street and east on 48th Street Place) and approve Resolution No. 2003-119. (Planning Commission recommended approval.)

 

7.         TABLED UNTIL AUGUST 26, 2003  Conduct a public hearing on the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) to rezone from “District A, Agricultural District” to “District C-2/PD, Community Commercial/Planned Development Overlay District” property described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east). (Planning Commission recommended approval subject to the concept of a Mixed Use District be pursued between now and the City Council meeting to determine the tax impact and if neutral tax consequence that a Mixed Use District be approved.)

 

8.         TABLED UNTIL AUGUST 26, 2003  Conduct a public hearing on the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for final plat approval for “INGALLS CROSSING THIRD ADDITION” of a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east) and approve Resolution No. 2003-120. (Planning Commission recommended approval subject to compliance of the following conditions: (1) 60th Street shall be labeled as such, (2) a 30-foot building setback line be placed on the lots adjacent to 2nd Avenue, (3) in conjunction with the submittal of the final plat to the City Council that easements for the drainage pond, the 1st Avenue easement for water and sewer, and the compensating greenspace on the east and south of the premises be prepared and submitted.)

 

9.         TABLED UNTIL AUGUST 26, 2003  Conduct a public hearing on the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for the inclusion of “INGALLS CROSSING THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east) and approve Resolution No. 2003-121. (Planning Commission recommended approval.)

 

10.        TABLED UNTIL AUGUST 26, 2003  Conduct a public hearing on the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for Planned District Development Plan Approval for the construction of a home improvement center on property to be zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 15.584 acres, more or less, Buffalo County, Nebraska (2nd Avenue and 65th Street) and approve Resolution No. 2003-122. (Planning Commission recommended approval subject to compliance of the following conditions: (1) the parking spaces as required by City Code be shown on the site plan but not stripped on the site, (2) the impervious coverage requirements be as shown but that other parts of the 168 acres when developed will accommodate for that shortage, (3) the offset deviation for the 5-foot offset for the structural be reduced to one foot due to additional landscaping being provided.)

 

11.        Conduct a public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single Family Residential” to “Commercial” property described as part of Lot 1 of Block 2, and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue) and approve Resolution No. 2003-123. (Planning Commission recommended approval.)

 

12.        Conduct a public hearing on the Application submitted by Ronald Grapes (Applicant) for Sun Development, Inc. (Owner) to rezone from “District M-1, Light Industrial District” to “District C-0, Office District” property described as part of Lot 1 of Block 2, and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue). (Planning Commission recommended approval.)

 

13.        Conduct a public hearing on the proposed acquisition of a storm sewer easement located on the west 3.0 feet of Lot 3, Block 4, Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-124.

 

14.        Conduct a public hearing on the proposed acquisition of a storm sewer easement located on the east 7.0 feet of Lot 4, Block 4, Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-125.

 

IV         CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held July 22, 2003, and Minutes of Special Meeting held July 24, 2003.

 

2.         Approve Claims.

 

3.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and Arlene M. Wiederspan and Rodney K. Wiederspan for Lot 1, Sorensen Park Third Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-126.

 

4.         Approve the Mutual Aid Agreement between the Kearney Volunteer Fire Department and Suburban Fire Protection District #1 of Buffalo and Kearney Counties and approve Resolution No. 2003-127.

 

5.         Approve Change Order No. 1 for an increase in the amount of $354.16 submitted by Interstate Structures and approved by Kirkham Michael Consulting Engineers for the Yanney Heritage Park Pedestrian Bridge and approve Resolution No. 2003-128.

 

6.         Approve the Right-of-Way Grant Agreement granted by the City of Kearney to Kinder Morgan Interstate Gas Transmission for a 50-foot wide strip of land located in Section 3, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and approve Resolution No. 2003-129.

 

7.         Approve the Application for a Special Designated License submitted by JCB ENTERPRISES INC., dba “Bill’s Liquor” in connection with their Clas CK39105 liquor license to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds, 1400 East 34th Street, on September 13, 2003 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

8.         Approve the Agreement between the City of Kearney and BD Construction, Contractor for Kearney Floral, to temporarily close the parking spaces in front of 210 West 21st Street from August 13, 2003 through October 13, 2003 in conjunction with their renovation project.

 

9.         Approve Change Order No. 4 showing a decrease in the amount of $40,000.00 submitted by Carrothers Construction and approved by Larkin Group for the Centennial Pool Renovations and approve Resolution No. 2003-130.

 

10.        Approve the Interlocal Cooperation Agreement between the Central Platte NRD, Upper Big Blue NRD, Nebraska Public Power District, The Central Nebraska Public Power and Irrigation District, Twin Platte NRD, North Platte NRD, Tri-Basin NRD, South Platte NRD, Little Blue NRD, Nebraska Department of Natural Resources, and the Cities of Grand Island, and Lexington to provide the authority, resources, serves, studies, and facilities needed to evaluate the effects and impacts of a habitat recovery plan on the people and the resources of the State of Nebraska and approve Resolution No. 2003-131.

 

11.        Approve the Agreement between the City of Kearney and Sorensen Group Inc. to lease to Sorensen Group property described as Lot 13 and part of Lot 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-132.

 

*           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. 6978 – Sell the vacated south half of 14th Street as the same abuts Lot 1647, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with that portion of vacated 14th Street abutting the vacated east 17 feet of Avenue F abutting said vacated street on the west to Concrete Workers, Inc.

 

VI         REGULAR  AGENDA

 

1.         ORDINANCE NO. 6979 -- Rezone from “District R-3, Urban Residential Multi-Family District (Medium Density) District” to “District M-1, Limited Industrial District” property described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street). (Pertains to Public Hearing 4.)

 

2.         TABLED UNTIL AUGUST 26, 2003  ORDINANCE NO. 6980 -- Rezone from “District A, Agricultural District” to “District C-2/PD, Community Commercial/Planned Development Overlay District” property described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east). (Pertains to Public Hearing 7.)

 

3.         ORDINANCE NO. 6981 – Vacate part of Lot 1 of Block 2 and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street between 16th Avenue and 17th Avenue). (Pertains to Public Hearings 11 and 12. Planning Commission recommended approval.)

 

4.         ORDINANCE NO. 6982 -- Rezone from “District M-1, Light Industrial District” to “District C-0, Office District” property described as part of Lot 1 of Block 2, and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue). (Pertains to Public Hearing 12.)

 

5.         Consider the application submitted by Ronald Grapes (Applicant) for Sun Development, Inc. (Owner) for final plat approval of “G & K SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska (north of 16th Street between 16th Avenue and 17th Avenue) and approve Resolution No. 2003-133. (Planning Commission recommended approval subject to a notation being placed on the final plat stating that no access will be allowed onto 17th Avenue from Lot 4 of the subdivision.)

 

6.         REMAIN ON THE TABLE UNTIL AUGUST 26, 2003 MEETING. Consider the Commercial Property Lease Agreement between the City of Kearney/Kearney Municipal Airport Corporation and Bosselman Energy for the purpose of constructing a propane fuel tank facility at the Kearney Municipal Airport and approve Resolution No. 2003-102.

 

7.         Consider the bids received for the Harmon Park Activity Center Restroom Building, Harmon Park Tennis Court and Restroom Building, and Nina Hammer Park and Pioneer Park Restroom Building Projects and approve Resolution No. 2003-134 awarding the bid to Interstate Structures in the amount of $648,200.00.

 

8.         Open Account Claims     Bruce Blankenship - $36.00

                                                NPPD - $65,774.73

 

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           237-6101 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
Council member 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.