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This meeting is being recorded.  If you wish to speak - come to the podium - state your name and address and speak directly into the microphone the entire time you are addressing the governing body.  THANK YOU!!

 

 

AGENDA

City Council Chambers, 18 East 22nd Street

August 24, 2004

7:30 P.M.

 

 

I           ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA).

 

2.         Pledge of Allegiance.

 

 

KEARNEY MUNICIPAL AIRPORT CORPORATION

 

1.         Roll Call.

 

2.         Oral Communications.

 

REGULAR  AGENDA

 

1.         Consider the Revolving Hangar Program Agreement for Hangar Project H-04 and approve KMAC Resolution No. 2004-13.

 

CONSENT  AGENDA

 

1.         Approve Minutes of regular meeting of the Kearney Municipal Airport Corporation held July 27, 2004.

 

REPORTS

 

ADJOURN

 

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KEARNEY CITY COUNCIL

 

1.         Roll call.

 

2.         Oral Communication - Recognition of visitors.

 

II          UNFINISHED  BUSINESS

 

None.

 

III         PUBLIC  HEARINGS

 

1.         Conduct a public hearing on the application for a Conditional Use Permit submitted by Gryphon Wireless, LLC (Applicant) and Sea Dog Trading Co., LLC (Owner) for a Conditional Use Permit to locate a wireless telecommunications tower on property zoned “District C-1, Limited Commercial District” and described as Lot 3, Northridge Addition to the City of Kearney, Buffalo County, Nebraska (3720 Avenue A, Suite B). (Administration recommends approval subject to the City receiving the executed Acknowledgment from the Applicant and Owner.)

 

2.         Conduct a public hearing on the application for a Conditional Use Permit submitted by Paul Wozniak for Western Wireless (Applicant) and Midtown Communications (Owner) for a Conditional Use Permit for the co-location of two antennas on an existing tower owned by Midtown Communications, Inc. on property zoned “District AG, Agricultural District” and described as a tract of land being a part of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 7.65 acres, more or less, Buffalo County, Nebraska (2811 West 39th Street). (Administration recommends approval subject to the City receiving the executed Acknowledgment from the Applicant and Owner.)

 

3.         Conduct a public hearing for the purpose of revising the City of Kearney Budget for the 2003-2004 Fiscal Year.

 

4.         Conduct a public hearing on the proposed acquisition for a Permanent Sanitary Sewer Easement of a tract of land described as vacated Avenue O as it abuts Lots 1 through 7 inclusive of Block 18, Lots 1 through 14 inclusive of Block 19, Lots 9 through 15 inclusive of Block 22, and Lots 1 through 7 inclusive of Block 23, Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-148.

 

IV         CONSENT  AGENDA  *

 

1.         Approve Minutes of Special Meeting held August 10, 2004 and the Minutes of the Regular Meeting held August 10, 2004.

 

2.         Approve the Claims.

 

3.         Receive recommendations of Planning Commission and set September 14, 2004 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Revolving Hangar Program Agreement for Hangar Project H-04 and approve Resolution No. 2004-149.

 

5.         Approve the request submitted by the Kearney High Student Advisory Board to conduct a Fall Victory Parade on September 24, 2004 beginning at 3:00 p.m. The parade will begin at North Railroad Street and Central Avenue, north on Central Avenue and ending at the parking lot located north of the Museum of Nebraska Art where a pep rally will be held.

 

6.         Accept the dedication by the Berean Fundamental Church of Kearney, Nebraska, Inc., aka “Cornerstone Berean Church” of a portion of a tract of land being part of the North Half of the Northeast Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (30th Avenue and 11th Street) for public right-of-way purposes and approve Resolution No. 2004-150.

 

7.         Approve Application and Certificate for Payment No. 4 in the amount of $137,674.16 submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part I Improvements, Phase II consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 north to 31st Street and approve Resolution No. 2004-151.

 

8.         Approve the recommendation from the Mayor on the reappointment of Steve Buttress, Steve Davis and Lynn Johnson to serve on the Library Advisory Board and the reappointment of Marilyn Lammers, Janet Rowling, and Heather Swanson-Murray to serve on the Board of Adjustment.

 

9.         Approve the applications for two Special Designated Licenses submitted by EXPRESSIONS CATERING, dba “Paradise Cove” in connection with their Class CK58433 liquor license to dispense beer, wine and distilled spirits in the Extension Building, 1400 East 34th Street, and in the Ag Pavilion, 3807 Avenue N, at the Buffalo County Fairgrounds on September 18, 2004 from 4:00 p.m. to 1:00 a.m.

 

10.        Approve the applications for three Special Designated Licenses submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class DK61563 liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway Monument, 3060 East 1st Street, on September 20, 2004 from 5:00 p.m. to 11:00 p.m., September 21, 2004 from 5:00 p.m. to 10:00 p.m., and on September 22, 2004 from 5:00 p.m. to 9:00 p.m. subject to the City receiving the required Certificate of Insurance.

 

11.        Approve the application for a Special Designated License submitted by BICO’S, INC., dba “Bico’s Café” in connection with their Class I54330 liquor license to dispense beer and wine in Mitzi’s Pavilion and the adjoining fenced area on September 18, 2004 from 4:00 p.m. until 10:00 p.m. subject to the City receiving the required Certificate of Insurance.

 

12.        Approve Change Order No. 1 showing an increase in the amount of $11,413.37 and accept the Certificate of Substantial Completion submitted by Concrete Workers, Inc. and approved by Miller & Associates for the 2004 Cemetery Paving Improvement Project, Phase II and approve Resolution No. 2004-152.

 

13.        Approve setting September 14, 2004 at 7:30 p.m. as time and date for the Board of Equalization to assess costs for the 2003 Part III Improvements consisting of Paving Improvement District No. 2003-874 for 52nd Street from Avenue E to 175 feet west of Avenue B Place, Paving Improvement District No. 2003-875 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac, Paving Improvement District No. 2003-876 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, Water District No. 2003-526 for 52nd Street from Avenue E west southwest a distance of 1085± feet and includes Avenue B Place and Avenue C Place, Sewer District No. 2003-467 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, and Sewer District No. 2003-468 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac.

 

14.        Repeal Resolution No. 2004-96 and to include “MARIANNE HUNT 2ND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street) and approve Resolution No. 2004-153.

 

*           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. 7107 – Repeal Ordinance No. 7065 and to vacate the south half of 10th Street abutting Lots 1 and 38 of Block 4 on the north and Lots 1 and 38 of Block 5 on the north of now vacated South Park Addition to the City of Kearney, Buffalo County, Nebraska and that part of vacated Avenue G abutting said Lot 1 of Block 4 on the east and abutting said Lot 38 of Block 5 on the west and the east 10 feet of vacated Avenue F abutting said Lot 38 of Block 4 on the west and all located in the Northwest Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska.

 

2.         ORDINANCE NO. 7108 – Repeal Ordinance No. 7066 and 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 a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street).

 

VI         REGULAR  AGENDA

 

1.         ORDINANCE NO. 7109 – Grant a Conditional Use Permit to Gryphon Wireless, LLC (Applicant) and Sea Dog Trading Co., LLC (Owner) to locate a wireless telecommunications tower on property zoned “District C-1, Limited Commercial District” and described as Lot 3, Northridge Addition to the City of Kearney, Buffalo County, Nebraska (3720 Avenue A, Suite B) subject to the City receiving the executed Acknowledgment from the Applicant and Owner. (Pertains to Public Hearing 1.)

 

2.         ORDINANCE NO. 7110 – Grant a Conditional Use Permit to Paul Wozniak for Western Wireless (Applicant) and Midtown Communications (Owner) for the co-location of two antennas on an existing tower owned by Midtown Communications, Inc. on property zoned “District AG, Agricultural District” and described as a tract of land being a part of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 7.65 acres, more or less, Buffalo County, Nebraska (2811 West 39th Street) subject to the City receiving the executed Acknowledgment from the Applicant and Owner. (Pertains to Public Hearing 2.)

 

3.         ORDINANCE NO. 7111 – Adopt the City of Kearney Revised Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities. (Pertains to Public Hearing 3.)

 

4.         Consider the final allocation of levy authority in the amount of $127,500.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2004-2005 and the final allocation of levy authority in the amount of $25,000.00 for Offstreet Parking District No. 1 for fiscal year 2004-2005 and approve Resolution No. 2004-154.

 

5.         Consider the Plans and Specifications for the 2004 Part I Improvements, Phase IV consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road and set the bid opening date for September 15, 2004 at 2:00 p.m.

 

6.         Open Account Claims     NPPD -- $78,686.00

 

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