AGENDA

City Council Chambers, 18 East 22nd Street

September 9, 2003

7:30 P.M.

 

 

I          ROUTINE BUSINESS

 

1.        Invocation (President or Designee of KMA);

           Reverend Marvin Koelling, First United Methodist Church

 

2.        Pledge of Allegiance.

 

3.        Roll call.

 

4.        Oral Communication - Recognition of visitors.

 

II         UNFINISHED BUSINESS

 

None.

 

III        PUBLIC HEARINGS

 

1.        APPLICANT REQUESTED TO REMAIN ON THE TABLE UNTIL SEPTEMBER 23, 2003 MEETING.   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.)

 

2.        APPLICANT REQUESTED TO REMAIN ON THE TABLE UNTIL SEPTEMBER 23, 2003 MEETING.   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. Administration recommends approval subject to the execution of the Subdivision Agreement.)

 

3.        APPLICANT REQUESTED TO REMAIN ON THE TABLE UNTIL SEPTEMBER 23, 2003 MEETING.   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.)

 

4.        APPLICANT REQUESTED TO REMAIN ON THE TABLE UNTIL SEPTEMBER 23, 2003 MEETING.   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.)

 

5.        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 “High Density Residential” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N) and approve Resolution No. 2003-144. (Planning Commission recommended approval.)

 

6.        Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed-Density District” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N). (Planning Commission recommended approval.)

 

7.        Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for final plat approval for “STONERIDGE SECOND ADDITION” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N) and approve Resolution No. 2003-145. (Planning Commission recommended approval.)

 

8.        Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for the inclusion of “STONERIDGE SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N) and approve Resolution No. 2003-146. (Planning Commission recommended approval.)

 

9.        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 “High Density Residential” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) and approve Resolution No. 2003-147. (Planning Commission recommended approval.)

 

10.       Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N). (Planning Commission recommended approval subject to the Development Plans being approved prior to beginning projects for each lot.)

 

11.       Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for final plat approval for “CAMRON SECOND ADDITION” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) and approve Resolution No. 2003-148. (Planning Commission recommended approval subject to the final plat must include an easement reflecting the sewer line location and a final Public Works Plan must be provided prior to being heard by the City Council.)

 

12.       Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for the inclusion of “CAMRON SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) and approve Resolution No. 2003-149. (Planning Commission recommended approval.)

 

13.       Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather of Platte River Investments (Owner) for final plat approval for “PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” of a tract of land being part of Government Lot 2 and part of Government Lot 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 3.26 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue and extending 380.21 feet north) and approve Resolution No. 2003-150. (Planning Commission recommended approval.)

 

14.       Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather of Platte River Investments (Owner) for the inclusion of “PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lot 2 and part of Government Lot 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 3.26 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue and extending 380.21 feet north) and approve Resolution No. 2003-151. (Planning Commission recommended approval.)

 

15.       Conduct a public hearing on the Application submitted by John R. Hanson and Kyle L. Hanson (Applicant and Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential (Rural Standards) District” property described as Lot 13 of Block 1, Cedar Hills Subdivision, a subdivision of the East Half of the Northeast Quarter of Section 31, Township 9 North, Range 16 West of the 6th P.M., AND a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (6226 East Cedar Hill Place). (Planning Commission recommended approval.)

 

16.       Conduct a public hearing on the Application submitted by Alltel Communications of Nebraska, Inc. (Applicant) and Good Samaritan Hospital (Owner) for a Conditional Use Permit to locate a wireless telecommunications facility on property zoned “District C-0, Office District” and described as Lot 1, Block 1, Good Samaritan Second Subdivision to the City of Kearney, Buffalo County, Nebraska (10 East 31st Street). (Planning Commission recommended approval.)

 

17.       Conduct a public hearing on the Application submitted by Alltel Communications of Nebraska, Inc. (Applicant) and City of Kearney, Nebraska (Owner) for a Conditional Use Permit to locate a wireless telecommunications facility on property zoned “District M-1, Limited Industrial District” and described as part of Lot 8 and 9, Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County, Nebraska (1919 15th Avenue). (Planning Commission recommended approval. Administration recommends approval subject to the execution of the Site Option and Land Lease Agreement.)

 

18.       Conduct a public hearing on the application submitted by EXPRESSIONS CATERING, dba “Paradise Cove” for a Catering License in conjunction with their Class “C58433” Liquor License located at 224 South 2nd Avenue and approve Resolution No. 2003-152.

 

19.       Conduct a public hearing for the purpose of adopting the City of Kearney Budget for the 2003-2004 Fiscal Year. (Planning Commission recommended approval of the capital expenditures as presented by City staff.)

 

20.       Conduct a public hearing for the purpose of adopting the City of Kearney Offstreet Parking District No. 1 Budget for the 2003-2004 Fiscal Year.

 

21.       Conduct a public hearing for the purpose of setting the 2003 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. 2003-153.

 

IV        CONSENT AGENDA  *

 

1.        Approve Minutes of Regular Meeting held August 26, 2003.

 

2.        Approve Claims.

 

3.        REMAIN ON THE TABLE UNTIL SEPTEMBER 23, 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.

 

4.        Approve the Agreement to conduct a parade submitted by the Kearney Area Chamber of Commerce for the UNK Band Day to be held on September 27, 2003 beginning at 9:00 a.m. starting at Central Avenue and Railroad Street, north on Central Avenue to 27th Street, west on 27th Street and ending at the UNK Campus.  The staging area to be closed beginning at 6:00 a.m. include Railroad Street from 4th Avenue to Avenue E, Avenue A from 21st Street to Railroad Street, and Avenues B, C and D from Railroad Street to 22nd Street, 3rd Avenue and 4th Avenue from Railroad Street to 22nd Street.  This request will also allow for the selling of refreshments during the parade.

 

5.        Approve Change Order No. 1 for an increase in the amount of $8,827.35 submitted by Interstate Structures in connection with the Kearney Area Recycling Center located at 3007 East 39th Street and approve Resolution No. 2003-154.

 

6.         Approve the Agreement between the City of Kearney and RCOM to locate wireless internet service antennae on the 2.0 MG water tower located at 48th Street and 8th Avenue and approve Resolution No. 2003-155.

 

7.        Approve setting September 23, 2003 at 7:30 p.m. as time and date for the Board of Equalization to assess costs for the 2001 Part II Improvements consisting of Paving Improvement District No. 2000-835 for 39th Street from 342 feet east of Avenue N to Union Pacific Railroad; 2002 Part I Improvements consisting of Paving Improvement District No. 2001-861, Water District No. 2001-522, and Sewer District No. 2001-463 for Avenue R from 45th Street north 785 feet; Paving Improvement District No. 2001-862, Water District No. 2001-523, and Sewer District No. 2001-464 for 46th Street Place from Avenue R east 530 feet; Paving Improvement District No. 2001-863, Water District No. 2001-524, and Sewer District No. 2001-465 for 47th Street Place from Avenue R east 530 feet; 2002 Part II Improvements consisting of Paving Improvement District No. 2001-860, Water District No. 2001-521, and Sewer District No. 2001-462 for 17th Avenue from the south lot line of Lot 4 of Block 2, Sun West Third Addition north to the north lot line of Lot 1 of Block 1, Sun West Third Addition AND for 16th Street from the west lot line of Lot 1 of Block 2, Sun West Third Addition east to the east lot line of Lot 1 of Block 4, Sun West Third Addition; Paving Improvement District No. 2001-864 for 15th Street from 6th Avenue to 7th Avenue; Paving Improvement District No. 2001-867 and Water District No. 2001-525 for 13th Avenue from 11th Street south a distance of 598± feet; Sewer District No. 2001-466 for 13th Avenue from 11th Street south to the south line of Rapp Addition and for 13th Avenue if extended a distance of 1478± feet.

 

8.        Approve setting September 23, 2003 at 7:30 p.m. as time and date for the Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property in the district which fee shall be paid to the City at the time such property becomes connected to the water and/or sewer lines for Water Connection District No. 2001-1 for 11th Street from the east lot line of Lot 1, Block 2, Sun West Second Addition to the City of Kearney west to Kea West Avenue AND Kea West Avenue from 11th Street south a distance of 2046± feet; Sewer Connection District No. 2001-1 for 56th Street north and west along the Union Pacific Railroad right-of-way and through Gary Addition to Avenue N; Sewer Connection District No. 2001-2 located in that part of Government Lots 1, 2, 3 and 4 of Section 11; and Lots 1 and 2 of E.K. and Mary Yanney Heritage Park; and the Northeast Quarter of Section 10 all of which are located in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska.

 

9.        Approve the application for a Special Designated License submitted by St. George Orthodox Church to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds on October 4, 2003 from 9:00 a.m. until 10:00 p.m. for a Mediterranean dinner fund raiser.

 

10.       Approve the application for a Special Designated License submitted by Thunderhead Brewing in conjunction with their Class I47918/K47920 to dispense beer in the Extension Building at the Buffalo County Fairgrounds on November 8, 2003 from 6:00 p.m. until 1:00 a.m. for a beer festival.

 

11.      Consider the Communications Site Option and Land Lease Agreement between the City of Kearney and Alltel Communications of Nebraska, Inc. to locate a communications facility on property described as part of Lot 8 and 9, Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County, Nebraska (1919 15th Avenue) and approve Resolution No. 2003-156. (Pertains to Public Hearing 17.)

 

12.       Approve the Application submitted by Betty Janes to use the sidewalk and the parking spaces in front of their business, 2123 Central Avenue, on September 19 and 20, 2003 from 9:00 a.m. until 6:00 p.m. for a mini sidewalk sale.

 

13.       Approve the Application submitted by Picket Fence Antiques to use the sidewalk in front of their business, 2121 Central Avenue, on September 19 and 20, 2003 from 9:00 a.m. until 6:00 p.m. for a mini sidewalk sale.

  

*          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.        APPLICANT REQUESTED TO REMAIN ON THE TABLE UNTIL SEPTEMBER 23, 2003 MEETING.   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 1.)

 

2.        ORDINANCE NO. 6984 – Rezone from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed-Density District” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N). (Pertains to Public Hearing 6.)

 

3.        ORDINANCE NO. 6985 – Vacate Lots 1 and 4 of Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, Northwest of the intersection of 56th Street and Avenue N).  (Pertains to Public Hearing 6. Planning Commission recommended approval.)

 

4.        ORDINANCE NO. 6986 – Rezone from “District AG, Agricultural District” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N). (Pertains to Public Hearing 10. Planning Commission recommended approval subject to the Development Plans being approved prior to beginning projects for each lot.)

 

5.        ORDINANCE NO. 6987 – Rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential (Rural Standards) District” property described as Lot 13 of Block 1, Cedar Hills Subdivision, a subdivision of the East Half of the Northeast Quarter of Section 31, Township 9 North, Range 16 West of the 6th P.M., AND a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (6226 East Cedar Hill Place). (Pertains to Public Hearing 15.)

 

6.        ORDINANCE NO. 6988 – Grant a Conditional Use Permit to Alltel Communications of Nebraska, Inc. (Applicant) and Good Samaritan Hospital (Owner) to locate a wireless telecommunications facility on property zoned “District C-0, Office District” and described as Lot 1, Block 1, Good Samaritan Second Subdivision to the City of Kearney, Buffalo County, Nebraska (10 East 31st Street). (Pertains to Public Hearing 16.)

 

7.        ORDINANCE NO. 6989 – Grant a Conditional Use Permit to Alltel Communications of Nebraska, Inc. (Applicant) and City of Kearney, Nebraska (Owner) to locate a wireless telecommunications facility on property zoned “District M-1, Limited Industrial District” and described as part of Lot 8 and 9, Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County, Nebraska (1919 15th Avenue) subject to the execution of the Site Option and Land Lease Agreement. (Pertains to Public Hearing 17.)

 

8.        ORDINANCE NO. 6990 – 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 19.)

 

9.        Approve Resolution No. 2003-157 allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $58,208.98 which will be carried over to the 2004-2005 budget as “Unused Budget Authority”.

 

10.       ORDINANCE NO. 6991 – Repeal Ordinance No. 6910 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.

 

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

 

12.       Consider adoption of the City of Kearney 2004-2009 Long Range Goals.

 

13.      Open Account Claims     Ward Laboratories -- $36.00

                                                NPPD -- $3,302.25

 

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.