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AGENDA
City Council
Chambers, 18 East 22nd Street
September 14, 2004
7:30 P.M.
I
ROUTINE BUSINESS
1.
Invocation (President or Designee of KMA);
Reverend C.J. Willis, Good Samaritan Hospital Pastoral Care.
2.
Pledge of Allegiance;
Kearney Volunteer Fire Department Color Guard.
3.
Roll call.
4.
Oral Communication - Recognition of visitors;
Presentation of KVFD Service Awards: Loyd Andrews – 25 years, Ken Gardner – 20
years, Kelly Hardin – 20 years, Jim King – 5 years, Sarah Isaac – 5 years, Bob
Scarborough – 5 years, and Corey Rossell – 5 years.
II
UNFINISHED BUSINESS
None.
III
PUBLIC HEARINGS
1.
Conduct a public hearing on the proposed amendment to the Land Use Map of the
City of Kearney Comprehensive Development Plan from “Medium Density
Residential” to “Mixed Use 1” property described as Lot 506, Southwest Quarter
School Section Addition to the City of Kearney, Buffalo County, Nebraska (east
of 3003 Central Avenue) and approve Resolution No. 2004-155. (Planning
Commission recommended approval.)
2.
Conduct a public hearing on the Application submitted by Jori Pearson
(Applicant) and Thelma Gale (Owner) to rezone from “District R-2, Urban
Residential Mixed-Density District” to “District C-O, Office District” property
described as Lot 506, Southwest Quarter School Section Addition to the City of
Kearney, Buffalo County, Nebraska (east of 3003 Central Avenue). (Planning
Commission recommended approval.)
3.
Conduct a public hearing on the Application submitted by Cash Partnership,
Nebraska General Partnership and Greg Brandt Investments, LLC (Applicant and
Owner) for Planned District Development Plan Approval for the construction of
two 6-unit apartment buildings on property zoned “District R-3/PD, Urban
Residential Multi-Family (Medium Density)/ Planned Development Overlay
District" and described as the south six feet of Lot 5, all of Lots 6, 7,
8, 9 of Block 1, Plainview Subdivision to the City of Kearney, Buffalo County,
Nebraska (northwest corner of 37th Street and Avenue I) and approve Resolution
No. 2004-156. (Planning Commission recommended approval.)
4.
Conduct a public hearing on the proposed amendment to the Land Use Map of the
City of Kearney Comprehensive Development Plan from “Agricultural” to “Rural
Estates” property described as being part of Government Lot 3 and accretions
abutting said Government Lot located in Section 23, Township 8 North, Range 16
West of the 6th P.M., containing 1.93 acres more or less, Kearney County,
Nebraska (west of Cherrywood Street and north of W Road) and approve Resolution
No. 2004-157. (Planning Commission recommended approval.)
5.
Conduct a public hearing on the Application submitted by Ron Ridgway
(Applicant) for James Gregory and Tamara S. Brandt (Owner) to rezone from
“District AG, Agricultural District” to “District RR-2, Rural Residential
District (Intermediate Standards)” property described as being part of
Government Lot 3 and accretions abutting said Government Lot located in Section
23, Township 8 North, Range 16 West of the 6th P.M., containing 1.93 acres,
more or less, Kearney County, Nebraska (west of Cherrywood Street and north of
W Road). (Planning Commission recommended approval.)
6.
Conduct a public hearing on the Application submitted by Gene McElhinney (Applicant)
for New West Properties, LLC and James K. Hunt (Owner) for Planned District
Development Plan Approval for the construction of a duplex complex on property
zoned “District C-O/PD, Office/Planned Development Overlay District" and
described as Lot 1 together with part of Lot 2, Marianne Hunt Addition to the
City of Kearney, Buffalo County, Nebraska (south corner of 28th Avenue and 35th
Street) and approve Resolution No. 2004-158. (Planning Commission
recommended approval.)
7.
Conduct a public hearing on the proposed amendment to Section 59-103
“Conditional Use Permit Procedure” of Chapter 59 “Administration and
Procedures” of the Unified Land Development Ordinance, being a part of the
Kearney City Code to require a public hearing before the Planning Commission
and after such hearing a report shall be submitted to the City Council who will
then hold a public hearing providing for public review and discretionary City
Council approval for all Conditional Use Permits. (Planning Commission
recommended approval.)
8.
Conduct a public hearing on the presentation of the preliminary findings and
recommendations of the City of Kearney Transportation Plan Update Project which
will be incorporated into the City of Kearney Comprehensive Plan and approve
Resolution No. 2004-159. (Planning Commission recommended accepting the
preliminary findings for the City of Kearney Transportation Plan Project and
recommended that the City of Kearney Transportation Plan Update Project be
incorporated into the City of Kearney Comprehensive Plan.)
9.
Conduct a public hearing for the purpose of adopting the City of Kearney Budget
for the 2004-2005 Fiscal Year. (Planning Commission recommended approval of
the capital expenditures as presented by City staff.)
10.
Conduct a public hearing for the purpose of adopting the City of Kearney
Offstreet Parking District No. 1 Budget for the 2004-2005 Fiscal Year.
11.
Conduct a public hearing for the purpose of setting the 2004 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. 2004-160.
IV
CONSENT AGENDA *
1.
Approve Minutes of Regular Meeting held August 24, 2004.
2.
Approve the Claims.
3.
Approve the application submitted by Susan Underhill to extend Conditional Use
Permit No. 79-06 to locate a day care at 2803 Avenue I for a period of one
year.
4.
Approve the application to conduct a parade submitted by the Kearney Chamber of
Commerce for UNK Band Day to be held on September 25, 2004 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. Parking
will be banned on Central Avenue from North Railroad Street to 25th Street
beginning at 1:00 a.m. on the morning of September 25. 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 from Railroad Street to 22nd
Street, and 1st Avenue from Railroad Street to 21st Street. This request
will also allow for the selling of refreshments during the parade.
5.
Approve the application for a Special Designated License submitted by DOUGLAS
HOOS, dba “Tub’s 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 October 16, 2004 from 4:00 p.m. until 1:00
a.m. for a wedding reception and dance.
6.
Approve Change Order No. 1 showing an increase in the amount of $477.00,
Application and Certificate for Payment No. 1 in the amount of $251,799.40
submitted by Midlands Contracting and approved by Ross Engineering for the 2004
Part V Improvements – Bid A consisting of Water District No. 2004-530 for
60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st
Avenue from 60th Street to 65th Street, Water District No. 2004-532 for 65th
Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No.
2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No.
2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District
No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and
approve Resolution No. 2004-161.
7.
Authorize the designation of Dan Lynch as Primary Agent and Michaelle Trembly
as Secondary Agent to seek public assistance on behalf of the City of Kearney
in accordance with the Nebraska Emergency Management Agency and approve
Resolution No. 2004-162.
8.
Approve Resolution No. 2004-163 allowing the City of Kearney to obtain
contribution credits provided by the League Association of Risk Management and
to extend the City of Kearney’s participation in the League Association of Risk
Management through September 30, 2007.
9.
Approve the application for a Special Designated License submitted by St.
George Orthodox Church to dispense beer, wine and distilled spirits in the
Exhibition Center at the Buffalo County Fairgrounds, 3807 Avenue N, on October
16, 1004 from 9:00 a.m. until 10:00 p.m. for a Mediterranean dinner fund
raiser.
10.
Designate Wells Fargo Bank Nebraska, N.A. of Kearney; Platte Valley State Bank
& Trust Company of Kearney; Kearney State Bank & Trust Company of
Kearney; US Bank of Kearney; Nebraska National Bank of Kearney; Commercial
Federal Bank of Kearney; TierOne Bank of Kearney; Five Points Bank of Kearney,
and Geneva State Bank of Kearney as the City’s depositories for funds of the
City of Kearney and approve Resolution No. 2004-164.
11.
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 14, 2004 beginning at
4:00 p.m. until 10:00 p.m. for their 8th Annual Candlelight Vigil.
12.
Approve the application for a Special Designated License submitted by JUAN
LAZO, dba “El Tropico” in connection with their Class B/M37623 Liquor License
to dispense beer and distilled spirits in the Exposition Building located at
the Buffalo County Fairgrounds, 3807 Avenue N on October 8, 2004 from 6:00 p.m.
until 1:00 a.m. in connection with a Mexican dance subject to the City
receiving the required the Certificate of Insurance.
13.
Authorize the Mayor to execute the Contract between the City of Kearney/
Kearney Municipal Airport Corporation and Beachner Construction Company in
connection with the Crack Seal, Slurry Seal and Runway Marking for 18/36
Project and approve Resolution No. 2004-165.
14.
Approve the Agreement between the City of Kearney and Crushers, Inc. for the
crushing and removal of concrete at the Kearney Municipal Airport and approve
Resolution No. 2004-166.
15.
Approve the Agreement with Betty Janes to use their sidewalk and to block off
two parking spaces in front of their store, 2123 Central Avenue, from 7:00 a.m.
September 17, 2004 until 6:00 p.m. September 18, 2004.
16.
Approve the request submitted by Linda Shaw on behalf of Uptown Art Festival to
hang a banner across Central Avenue at the intersection of 22nd Street
(alternate location 23rd Street) from September 26, 2004 until October 5, 2004.
17.
Consider the Agreement to Share Initial Costs to Investigate Creation of South
Dakota Public Power Authority to investigate the negotiation and acquisition of
Northwestern Gas Companies and approve Resolution No. 2004-167.
18.
Approve the Application for two Special Designated Licenses submitted by STEVE
& JONI PAULSEN, dba “Party Pros Catering” to dispense beer, wine and
distilled spirits at the Kearney Events Center, 609 Platte Road, on September
24, 25, October 8 and 9, 2004 from 5:00 p.m. until 1:00 a.m.
*
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.
ORDINANCE NO. 7112 – Rezone from “District R-2, Urban Residential Mixed-Density
District” to “District C-O, Office District” property described as Lot 506,
Southwest Quarter School Section Addition to the City of Kearney, Buffalo
County, Nebraska (east of 3003 Central Avenue). (Pertains to Public Hearing
2.)
2.
ORDINANCE NO. 7113 – Vacate Lot 3 of Block 2, Brandt’s Lakewood 7th
Subdivision, a subdivision being part of accretions to Government Lot 2 in
Section 23, Township 8 North, Range 16 West of the 6th P.M., Kearney County,
Nebraska (west of Cherrywood Street and north of W Road). (Pertains to
Public Hearing 5.)
3.
ORDINANCE NO. 7114 – Rezone from “District AG, Agricultural District” to
“District RR-2, Rural Residential District (Intermediate Standards)” property
described as being part of Government Lot 3 and accretions abutting said
Government Lot located in Section 23, Township 8 North, Range 16 West of the
6th P.M., containing 1.93 acres, more or less, Kearney County, Nebraska (west
of Cherrywood Street and north of W Road). (Pertains to Public Hearing 5.)
4.
Consider the application submitted by Ron Ridgway (Applicant) for James Gregory
and Tamara S. Brandt (Owner) for Final Plat approval of “BRANDT’S LAKEWOOD
ESTATES”, said property described as a tract of land being Government Lot 2,
part of Government Lot 3 and accretions abutting said lots, and Lot 2 of Block
2, Brandt’s Lakewood 7th Subdivision, all located in Section 23, Township 8
North, Range 16 West of the 6th P.M., Kearney County, Nebraska (west of
Cherrywood Street and north of W Road) and approve Resolution No. 2004-168. (Planning
Commission recommended approval with a notation that the building is
nonconforming and that it cannot be rebuilt at that site.)
5.
ORDINANCE NO. 7115 – Amend Section 59-103 “Conditional Use Permit Procedure” of
Chapter 59 “Administration and Procedures” of the Unified Land Development
Ordinance, being a part of the Kearney City Code to require a public hearing
before the Planning Commission and after such hearing a report shall be submitted
to the City Council who will then hold a public hearing providing for public
review and discretionary City Council approval for all Conditional Use Permits.
(Pertains to Public Hearing 7.)
6.
ORDINANCE NO. 7116 – 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 9.)
7.
Consider approval of Resolution No. 2004-169 allowing the City of Kearney to
increase its “Budget Authority” by an additional one percent or $60,246.29
which will be carried over to the 2005-2006 budget as “Unused Budget
Authority”.
8.
ORDINANCE NO. 7117 – Repeal Ordinance No. 6991 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.
9.
Consider the recommendation submitted by the Keno Committee on the allocation
on non-departmental keno funds designed for outside agencies.
10.
Consider adoption of the City of Kearney 2005-2010 Long Range Goals.
11.
ORDINANCE NO. 7118 – Vacate the 20-foot wide alley lying between Avenue A and
Avenue B from the south line of 8th Street to the south line of 9th Street as
it abuts Lots 185 through 196, inclusive, South Kearney Addition to the City of
Kearney, Buffalo County, Nebraska. (Planning Commission recommended approval
subject to the retention, reservation and saving of a utility easement across
said property.)
12.
ORDINANCE NO. 7119 – Amend Section 7-301 “Sale of Lots; Purchase Price” of Article
3 “Cemeteries” of Chapter 7 “Park and Recreation” of the Kearney City Code to
adjust the fees accordingly.
13.
Consider the bids received for the construction of the Cottonmill Trail
Pedestrian Bridge to be located near the Archway Monument and approve
Resolution No. 2004-170 awarding the bid to Wilke Contracting in the amount of
$258,165.15.
14.
Consider the bids received 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 approve Resolution No. 2004-171 awarding the bid
to Paulsen, Inc. in the amount of $313,132.75.
15.
Consider the bids received 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 approve Resolution No. 2004-172 awarding the bid to
Starostka Group Unlimited Inc. in the amount of $472,731.38 for Bid A (Water
and Sewer Districts) and to Blessing LLC in the amount of $202,301.00 for Bid B
(Paving Districts).
16.
Open Account Claims NPPD - $2,905.87
Ward
Laboratories - $84.00
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
AGENDA
City Council
Chambers, 18 East 22nd Street
September 14, 2004
7:30 P.M.
ADDENDUM NO. 1
IV
CONSENT AGENDA *
19.
Authorize the City Manager to work with Grand Island and North Platte to
formulate an Interlocal Cooperation Agreement to jointly review, analyze,
assess and consider the City’s participation in the proposed feasibility study
and/or subsequent formation of a South Dakota Public Power Authority and
approve Resolution No. 2004-173.