AGENDA

City Council Chambers, 18 East 22nd Street

October 12, 2004

7:30 P.M.

 

 

I   ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA),

            Reverend Ken Fairbrother, Countryside Christian Church.

 

2.         Pledge of Allegiance.

 

3.         Roll call.

 

4.         Oral Communication - Recognition of visitors.

 

II   UNFINISHED  BUSINESS

 

None.

 

III   PUBLIC  HEARINGS

 

1.         TABLED FROM SEPTEMBER 28, 2004 MEETING.  Conduct a public hearing on the application for a Catering License submitted by BAR D, LLC dba “Dome Lounge” in connection with their Class “C-39227” (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License located at 2321 Avenue K and approve Resolution No. 2004-174.

 

2.         Conduct a public hearing on the application for a Class “C” (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License submitted by COMPASS OF KEARNEY LLC, dba “Kearney Event Center” located at 609 Platte Road, the application for Corporate Manager for Michelle Kay, and approve  Resolution No. 2004-188.

 

3.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 2.70 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended). (Planning Commission recommended approval.)

 

4.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) for the inclusion of “GANGWISH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land described as being part of Lot 1, Lowenberg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.46 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended) and approve Resolution No. 2004-189. (Planning Commission recommended approval.)

 

5.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) for Final Plat approval and the Subdivision Agreement for “GANGWISH ADDITION”, said property described as a tract of land described as being part of Lot 1, Lowenberg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.46 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended) and approve Resolution No. 2004-190. (Planning Commission recommended approval.)

 

6.         Conduct a public hearing on the Application submitted by Nebraska National Bank (Applicant and Owner) and Paul Brodine (Owner) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 8 and 9 of Block 14, Perkins and Harford’s Addition to the City of Kearney, Buffalo County, Nebraska (215 and 219 West 31st Street). (Planning Commission recommended approval.)

 

7.         Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for Susan Slater (Owner) to rezone from “District M-1, Limited Industrial District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of Lot 1, Rainbow Acres Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 4.35 acres, more or less (south part of 1311 Avenue M). (Planning Commission recommended approval.)

 

8.         Conduct a public hearing on the Application submitted by Good Samaritan Hospital (Applicant and Owner) for an Amended Planned District Development Plan Approval for site development for master campus plan on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as all of Blocks 1, 2 and 3, Good Samaritan 2nd Subdivision; all of Lots 4, 5, 7, 8, 9 and 12, Gillett’s Subdivision; all of Lots 3, 4, 9, 10, 23, 24, 25, 26, and 27, Cortlandt Place; Lot 3 except the north 20 feet and all of Lots 4, 5, 7, 8, 9, Bergt & Keiss Subdivision; the west 34.3 feet of the south 60 feet of Lot 567, the north 70 feet of Lot 566, and all of Lots 509, 560, 561, and 568, Southwest Quarter School Section Addition; all of Lots 13, 14, and the north 70 feet of Lots 16, 17, and 18, Cottage Place; all of Lots 5 and 6, Ragains Subdivision; all of Lot 16, the south 165 feet of Lot 25 and part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) and approve Resolution No. 2004-191. (Planning Commission recommended approval.)

 

9.         Conduct a public hearing on the Application submitted by Good Samaritan Hospital (Applicant and Owner) for Sign Master Plan Approval for the size, location and design of all signs on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as all of Blocks 1, 2 and 3, Good Samaritan 2nd Subdivision; all of Lots 4, 5, 7, 8, 9 and 12, Gillett’s Subdivision; all of Lots 3, 4, 9, 10, 23, 24, 25, 26, and 27, Cortlandt Place; Lot 3 except the north 20 feet and all of Lots 4, 5, 7, 8, 9, Bergt & Keiss Subdivision; the west 34.3 feet of the south 60 feet of Lot 567, the north 70 feet of Lot 566, and all of Lots 509, 560, 561, and 568, Southwest Quarter School Section Addition; all of Lots 13, 14, and the north 70 feet of Lots 16, 17, and 18, Cottage Place; all of Lots 5 and 6, Ragains Subdivision; all of Lot 16, the south 165 feet of Lot 25 and part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) and approve Resolution No. 2004-192. (Planning Commission recommended approval noting that the location of all signs comply with the Sign Ordinances for sign placement along the street right-of-way and vision clearance.)

 

10.        Conduct a public hearing on the Application submitted by Mitch Humphrey (Applicant) for William and Helen H. Kinkaid (Owner) to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed-Density District/ Planned Development Overlay District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K). (Planning Commission recommended approval.)

 

11.        Conduct a public hearing on the Application submitted by Bob and Norma Swanson, dba Kearney Custom Design, Inc. (Applicant) for William and Helen H. Kinkaid (Owner) for Planned District Development Plan Approval for the construction of a retirement complex on property to be zoned “District R-2/PD, Urban Residential Mixed-Density District/Planned Development Overlay District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K) and approve Resolution No. 2004-193. (Planning Commission recommended approval.)

 

IV   CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held September 28, 2004.

 

2.         Approve the Claims.

 

3.         Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K61563” Liquor License to dispense beer, wine and distilled spirits in the Kearney Event Center, 609 Platte Road, on November 5, 6, 2004 from 5:00 p.m. until 1:00 a.m.

 

4.         Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K61563” Liquor License to dispense beer, wine and distilled spirits in the Kearney Event Center, 609 Platte Road, on November 12, 13, 2004 from 5:00 p.m. until 1:00 a.m.

 

5.         Approve the Developer Constructed Infrastructure Agreement for Lot 1 and part of Lot 2, Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska between the City of Kearney and McElhinny Buildings, Inc. and approve Resolution No. 2004-194.

 

6.         Approve the proposed amendments to the City of Kearney Personnel Manual and approve Resolution No. 2004-195.

 

7.         Approve the Agreement between the City of Kearney and Tri-City BMX to allow the construction of a BMX facility on the west side of Meadowlark Park and approve Resolution No. 2004-196.

 

8.         Approve Change Order No. 1 showing an increase in the amount of $11,752.00 and Change Order No. 2 showing an increase in the amount of $13,147.10 submitted by Paulsen, Inc. and approved by Ross Engineering in connection with the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet and approve Resolution No. 2004-197.

 

9.         Approve Change Order No. 2 showing an increase in the amount of $4,248.20, Application and Certificate for Payment No. 5 in the amount of $168,383.06 submitted by Blessing, LLC and approved by Miller & Associates in connection with 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. 2004-198.

 

*           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. 7126 – Rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 2.70 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended). (Pertains to Public Hearing 3.)

 

2.         ORDINANCE NO. 7127 – Vacate Lot 1, Lowenberg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended). (Planning Commission recommended approval. Pertains to Public Hearings 3, 4 and 5.)

 

3.         ORDINANCE NO. 7128 – Rezone from “District R-2, Urban Residential Mixed-Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 8 and 9 of Block 14, Perkins and Harford’s Addition to the City of Kearney, Buffalo County, Nebraska (215 and 219 West 31st Street). (Pertains to Public Hearing 6.)

 

4.         ORDINANCE NO. 7129 – Rezone from “District M-1, Limited Industrial District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of Lot 1, Rainbow Acres Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 4.35 acres, more or less (south part of 1311 Avenue M). (Pertains to Public Hearing 7.)

 

5.         ORDINANCE NO. 7130 – Vacate the east 7 feet of Avenue I from the north line of vacated south 7 feet of 15th Street to the south line of the vacated north 7 feet of 14th Street as it abuts Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska. (Planning Commission recommended approval. Pertains to Public Hearing 10.)

 

6.         ORDINANCE NO. 7131 – Rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed-Density District/Planned Development Overlay District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K). (Pertains to Public Hearing 10.)

 

7.         Consider the application submitted by Mitch Humphrey (Applicant) for Kearney State Bank and Trust Company, Personal Representative of the Betty J. Connell Estate (Owner) for final plat approval of “TALMADGE CENTER” for a tract of land described as Government Lot 8 in the Southwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of Talmadge Street and Country Inn Suites) and approve Resolution No. 2004-199. (Planning Commission recommended approval noting that the size of the bulb in the cul-de-sac be resolved by City staff and the applicant prior to being presented to Council and that the curb cuts on Talmadge Street be addressed at the time of development.)

 

8.         Consider the application submitted by Mitch Humphrey (Applicant) for Delbert D. Bridge, Heartland Motor Sports (Owner) for final plat approval of “HEARTLAND ADDITION” for a tract of land located in the Southwest Quarter of the Southeast Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (2006 Highway 30 East) and approve Resolution No. 2004-200. (Planning Commission recommended approval noting that the existing building is nonconforming and if it were destroyed, any new building would have to conform to the platted building setback.)

 

9.         ORDINANCE NO. 7132 – Sell a portion of a tract of land designated as “Park” lying south of Lot 26, Hillcrest Addition to the City of Kearney, Buffalo County, Nebraska to Joe and Christine Lewis.

 

10.       Consider the Plans and Specifications for the construction of the Cottonmill Park Marina Building and set the bid opening date for November 2, 2004 at 2:00 p.m.

 

11.       Consider the Plans and Specifications for the construction of the 2004 Part IX Improvements consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska and set the bid opening date for November 2, 2004 at 3:00 p.m.

 

12.       Open Account Claims     NPPD - $4,319.47

                                                Ward Laboratories - $51.00

 

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