AGENDA

City Council Chambers, 18 East 22nd Street

August 10, 2004

7:30 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.         Conduct a public hearing on the application for a Class “B” (Beer Off Sale Only) and a Class “K” (Wine Off Sale Only) Liquor License submitted by TRAUTMAN’S MEAT CENTER, INC., dba “Trautman’s Quality Meats” located at 617 East 25th Street, consider the application for Corporate Manager of Kerry Trautman, and approve Resolution No. 2004-137.

 

2.         Conduct a public hearing on the application submitted by Ron Ridgway (Applicant) for Denton Charitable Remainder Unitrust, Five Points Bank, Successor Trustee (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 a part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 0.11 acres, more or less, Buffalo County, Nebraska (north of 50th Street, west of Hoehner Estates Third Addition, north of North Park, and west of 19th Avenue). (Planning Commission recommended approval.)

 

3.         Conduct a public hearing on the Redevelopment Plan for Redevelopment Area #7 described as follows: Beginning at the intersection of the south line of 11th Street and the east line of  Avenue M, thence north along said east line to its intersection with the north line of 16th Street, thence west along said north line to its intersection with the west line of  Avenue I, thence north along said west line to its intersection with the south line of South Railroad Street, thence southeasterly along said south line to its intersection with the east line of Avenue M, thence north along said east line to its intersection with the centerline of the abandoned Burlington Northern and Santa Fe Railroad right-of-way, thence southeasterly along said centerline to its intersection with the extended east line of Avenue Q, thence north along said east line to its intersection with the north line of the abandoned Burlington Northern and Santa Fe Railroad right-of-way (also the corporate limit line), thence southeasterly along said north line to its intersection with the eastern corporate limit line, thence continuing along said eastern corporate limit line, generally in a southern direction to its intersection with the southern corporate limit line at approximately the south line of  11th Street, thence west along said south corporate limit line to its intersection with the east line of Avenue M, also the point of beginning, all located in the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-138. (Planning Commission recommended approval.)

 

4.         Conduct a public hearing on the proposed acquisition for two Permanent Sanitary Sewer Easements on a strip of land being 60 feet in width located in the North Half of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and approve Resolution No. 2004-139.

 

IV         CONSENT  AGENDA  *

 

1.         Approve Minutes of Special Meeting held on July 22, 2004, and Minutes of Regular Meeting held July 27, 2004.

 

2.         Approve the Claims.

 

3.         Concur with the Nebraska Department of Roads with the selection of Kayton Electric, Inc. of Holdrege, Nebraska in the amount of $162,671.55 for the improvements at the intersection of 25th Street and Avenue E (Project No. ELEC-30-4(1039).

 

4.         Approve the application for a Special Designated License submitted by DOUGLAS J. HOOS, dba “Tubs Pub” in connection with their Class C/K282 liquor license to dispense beer, wine and distilled spirits in the fenced area located in the parking lot of Kearney Yamaha, 511 2nd Avenue South, on August 28, 2004 from 4:00 p.m. until 12:00 a.m. for Make-A-Wish Fund Raiser.

 

5.         Approve the application for a Special Designated License submitted by DOUGLAS J. HOOS, dba “Tubs Pub” in connection with their Class C/K282 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N, on November 6, 2004 from 4:00 p.m. until 1:00 a.m. for a wedding reception.

 

6.         Approve the application for a Special Designated License submitted by DOUGLAS J. HOOS, dba “Tubs Pub” in connection with their Class C/K282 liquor license to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds, 1400 East 34th Street, on November 27, 2004 from 3:00 p.m. until 1:00 a.m. for a wedding reception.

 

7.         Approve the recommendation from the Mayor on the appointment of Kris Jerke to serve on the Advisory Board of Cable Commissioners.

 

8.         Approve Change Order No. 1 for a decrease in the amount of $2,733.20, Application and Certificate for Payment No. 2-Final in the amount of $.00, and the Certificate of Completion submitted by Midlands Contracting, Inc. and approved by Miller & Associates in connection with the 2004 Part III Improvements – Bid A consisting of Water District No. 2004-529 for LaPlatte Road from Meadow Lane to Plaza Boulevard, and Sewer District No. 2004-471 or LaPlatte Road from Meadow Lane to approximately 160 feet south of Redwood Lane and approve Resolution No. 2004-140.

 

9.         Approve the Cooperative Interlocal Training Agreement between the City of Kearney, Buffalo County, Educational Service Unit #10, Kearney Public Schools and the University of Nebraska at Kearney to provide joint personnel training and approve Resolution No. 2004-141.

 

10.        Approve the Agreement between the City of Kearney and the Kearney Area Chamber of Commerce to host the Spirit of America Ride and to close the public parking lot located at 21st Street and Avenue A on September 3, 2004 from 4:30 p.m. until 9:00 p.m.

 

11.        Approve the Agreement between the City of Kearney and the University of Nebraska at Kearney to close the sidewalks on the east side of Central Avenue south of the MONA parking lot to 24th Street, the east side of Central Avenue between 23rd Street and 24th Street, the south side of 24th Street east of 10,000 Villages to Avenue A, the north side of 24th Street west of Barista’s to 1st Avenue, and the public parking lot located north of the Museum of Nebraska Art on August 26, 2004 from 9:00 p.m. until 12:00 midnight.

 

12.        Approve the Landlord Agreement executed on behalf of Powermate Corporation, formerly known as Coleman Powermate, Inc., to waive any landlord’s lien, rights of levy or distraint, claim, security interest or other interest in personal property at Powermate Corporation and approve Resolution No. 2004-142.

 

*           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. 7099 – Repeal Ordinance No. 7080 and to create 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.

 

2.         ORDINANCE NO. 7100 – Repeal Ordinance No. 7081 and to create 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.

 

3.         ORDINANCE NO. 7101 – Repeal Ordinance No. 7084 and to create 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.

 

4.         ORDINANCE NO. 7102 – Repeal Ordinance No. 7086 and to create 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.

 

VI         REGULAR  AGENDA

 

1.         REMAIN ON TABLE. Consider the Application for Corporate Manager for Michelle Kay submitted by KABB LLC, dba “Tri-City Arena” in connection with their Class I49859 Liquor License located at 609 Platte Road.

 

2.         ORDINANCE NO. 7103 – Vacate Lots 1, 2, 3, and 4 of Block 1, North Park Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 50th Street at approximately 18th Avenue if it existed). (Pertains to Public Hearing 2. Planning Commission recommended approval.)

 

3.         ORDINANCE NO. 7104 – 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 a part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 0.11 acres, more or less, Buffalo County, Nebraska (north of 50th Street, west of Hoehner Estates Third Addition, north of North Park, and west of 19th Avenue). (Pertains to Public Hearing 2.)

 

4.         Consider the application submitted by Ron Ridgway (Applicant) for Denton Charitable Remainder Unitrust, Five Points Bank, Successor Trustee (Owner) for final plat approval of “CASTLE RIDGE ADDITION” to the City of Kearney, Buffalo County, Nebraska (north of 50th Street, west of Hoehner Estates Third Addition, north of North Park, and west of 19th Avenue) and approve Resolution No. 2004-143 subject to the effective date of Ordinance No. 7103. (Pertains to Public Hearing 2. Planning Commission recommended approval.)

 

5.         Consider the application submitted by Ron Ridgway (Applicant) for Jeanetta Abood, Personal Representative of the Estate of Tony Abood, Deceased, and individually and as surviving spouse of Tony Abood, Deceased (Owner) for final plat approval of “ABOOD ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, said property described as a tract of land being Government Lot 6 and accretions abutting said Government Lot, and part of Government Lot 7 and accretions abutting said Government Lot, and all located in the South Half of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 77.85 acres, more or less, Buffalo County, Nebraska (north of 1st Street and west of Avenue M) and approve Resolution No. 2004-144. (Planning Commission recommended approval subject to the name of the street being changed from Archway Parkway to 1st Street.)

 

6.         Consider the application submitted by Joseph R. Hewgley & Associates, Inc. (Applicant) for The Church of Jesus Christ of Latter-Day Saints (Owner) for final plat approval of “46TH STREET SUBDIVISION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of Tax Lot 5 (also described as the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter) and also a tract of land abutting Tax Lot 5, located in the Northwest Quarter of the Southeast Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., containing 2.50 acres, more or less, Buffalo County, Nebraska (north of 46th Street, east  of Avenue E, south of Deyle Subdivision and west of Andersen Subdivision) and approve Resolution No. 2004-145. (Planning Commission recommended approval subject to the correction being made on the street right-of-way for 46th Street.)

 

7.         Discuss amending “District ICMU, Interstate Corridor Mixed Use District” of the Unified Land Development Ordinance, being a part of the Kearney City Code. (Planning Commission recommended the Council review the adopted Land Use Map and to instruct staff to prepare a zoning plan for the area according to the Comprehensive Plan bringing the plan back for Planning Commission and City Council review at a later date and that the property owners be involved in the process.)

 

8.         Consider the request submitted by the Kearney Chamber Gateway Task Force to support hanging banners along 2nd Avenue.

 

9.         Consider the Plans and Specifications for the 2004 Part VII Improvements consisting of 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; 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; 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; 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 the Water Main Replacement Project for 4th Avenue between 22nd Street and 23rd Street and set the bid opening date for September 7, 2004 at 2:00 p.m.

 

10.       ORDINANCE NO. 7105 – Amend Section 8-616 “Under the Influence of Alcoholic Liquor; Alcohol in Body Fluid; Penalty” and to amend Section 8-617 “Chemical Tests; Refusal; Penalty” all in Article 6 “Operation of Vehicles” of Chapter 8 “Police” to correctly reflect the changes made in the Nebraska Statutes.

 

11.       Consider the adoption of Resolution No. 2004-146 requesting the Nebraska Department of Economic Development to extend the Community Development Block Grant Tourism Development Initiative #00-TD-003 award for the Museum of Nebraska Art.

 

12.       Consider the Plans and Specifications for the 2004 Part IV Improvements consisting of Paving Improvement District No. 2003-872 for North Railroad Street from Central Avenue to Avenue B and set the bid opening date for September 2, 2004 at 2:00 p.m.

 

13.       Consider the Plans and Specifications for the 2004 Part VIII Improvements consisting of Intersection Improvement District No. 2000-1 for Central Avenue and 21st Street, Intersection Improvement District No. 2000-2 for Central Avenue and 22nd Street, Intersection Improvement District No. 2000-3 for Central Avenue and 23rd Street, and Intersection Improvement District No. 2000-4 for Central Avenue and 24th Street and set the bid opening date for September 2, 2004 at 2:00 p.m.

 

14.       Consider the Plans and Specifications for the construction of the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument and set the bid opening date for September 3, 2004 at 2:00 p.m.

 

15.       Consider the Settlement Agreement between the City of Kearney and Farmers Union Co-Operative Association of Kearney, Nebraska for the purchase of the west half of Lot 89, all of Lot 90, and the east half of Lot 91, all in Keen’s Park Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-147.

 

16.       ORDINANCE NO. 7106 - Sale the west half of Lot 89, all of Lot 90, and the east half of Lot 91, all in Keen’s Park Addition to the City of Kearney, Buffalo County, Nebraska to Farmers Union Co-Operative Association of Kearney, Nebraska.

 

17.       Open Account Claims     NPPD - $69,781.77

                                                Ward Laboratories - $264.00

 

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           698-8106 office
Councilman Don Kearney 701 Huron Drive 237-3225 home              236-5411 office	Councilman Galen Hadley 3112 Country Club Lane 237-3794 home           865-8342 office
Councilman 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 or visit our website at www.cityofkearney.org