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
November 12, 2002
7:30 P.M.
I ROUTINE BUSINESS
1. Invocation (President or Designee of KMA) – Reverend
Marv Koelling of First United Methodist Church.
2. Pledge of Allegiance – Shane Leon, Sean Grobe
and Zach Seaton.
3. Roll Call.
4. Oral Communications – Recognition of
visitors.
II UNFINISHED
BUSINESS
None.
III PUBLIC HEARINGS
1. Conduct a public hearing on the Council
to meet as the Board of Equalization to assess costs for the 2000 Part VI
Improvements consisting of Paving Improvement District No. 2000-822 for
Central Avenue from Talmadge Street to 11th Street; 2000 Part III
Improvements consisting of Paving Improvement District No. 2000-838 for Avenue
E from 51st Street to 56th Street, Paving Improvement District No. 2000-841 for
21st Street from 28th Avenue east 351 feet, Paving Improvement District No.
2000-842 for 28th Avenue from 21st Street to West Villa Drive, Paving
Improvement District No. 2000-843 for 52nd Street from Avenue E east to its
terminus in a cul-de-sac, Paving Improvement District No. 2000-850 for 28th
Avenue from 37th Street north to a point 150 feet south of 42nd Street, Water
District No. 2000-509 for 28th Avenue from 21st Street to West Villa Drive and
21st Street from 28th Avenue east 351 feet, Water District No. 2000-510 for
52nd Street from Avenue E east to its terminus in a cul-de-sac, Water District
No. 2000-515 for 28th Avenue from 37th Street to 39th Street, Sewer District
No. 2000-452 for 28th Avenue from 21st Street north 270 feet, Sewer District No.
2000-453 for 52nd Street from Avenue E east to its terminus in a cul-de-sac,
Sewer District No. 2000-458 for 28th Avenue from 37th Street to 39th Street; 2001
Part I Improvements consisting of Paving Improvement District No. 2000-839
for Antelope Avenue from Highway 30 north 2020 feet; 2001 Part V
Improvements consisting of Paving Improvement District No. 2000-829 for the
alley between Central Avenue and 1st Avenue from 21st
Street to 22nd Street, Paving Improvement District No. 2000-844 for the alley between Central Avenue and 1st Avenue from 21st
Street to Railroad Street and approve Resolution No. 2002-258.
2. Conduct a public hearing on the
Application submitted by Gregg Johnson (Applicant) for Johnson Imperial Home
Co. (Owner) for Planned District Development Plan Approval for the construction
of an office complex on property zoned “District C-2/PD, Community Commercial
District/Planned Development Overlay District” and described as Lot 1, Block 7,
Windsor Estates Sixth Addition to the City of Kearney, Buffalo County, Nebraska
(4111 4th Avenue) and approve Resolution No. 2002-259. (Planning Commission
recommended approval subject to the proposed storage garage identified in the
southeast corner be moved from the utility easement while maintaining the appropriate
setbacks in the southeast portion of this parcel prior to be presented to the
Council.)
3. Conduct a public hearing on the
Application submitted by Mitchell Humphrey (Applicant) for Gregg John Van
Skiver (Owner) for the inclusion of “SKIVIEW ESTATES FOURTH” within the
corporate boundaries of the City of Kearney said property described as a tract
of land being part of the Northeast Quarter of the Northwest Quarter of Section
25, Township 9 North, Range 16 West of the 6th P.M., AND Lot 6 of Block 1, Lot
1 of Block 2 and all of Avenue D Place, containing 7.228 acres, more or less,
Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north of 52nd
Street) and approve Resolution No. 2002-260. (Planning Commission
recommended approval.)
4. Conduct a public hearing on the
Application submitted by Mitchell Humphrey (Applicant) for Gregg John Van
Skiver (Owner) for final plat approval of “SKIVIEW ESTATES FOURTH”, an Addition
to the City of Kearney, Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north of 52nd Street) and approve Resolution No. 2002-261. (Planning
Commission recommended approval.)
5. Conduct a public hearing on the
Application submitted by Mitchell Humphrey (Applicant) for Gregg John Van
Skiver (Owner) to rezone from “District AG, Agricultural District” to “District
R-1, Urban Residential Single-Family District (Low Density)” AND “District R-2,
Urban Residential Mixed-Density District” property described as a tract of land
being part of the Northeast Quarter of the Northwest Quarter of Section 25,
Township 9 North, Range 16 West of the 6th P.M., containing 6.47 acres, more or
less, Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north
of 52nd Street). (Planning Commission recommended approval.)
6. Conduct a public hearing on the
Application submitted by Paul Fredrickson (Applicant) for Prairie Building,
L.L.C. (Owner) for Planned District Development Plan Approval for the
construction of a 16-unit apartment complex on property zoned “District C-2/PD,
Community Commercial District/Planned Development Overlay District” and
described as the north 219 feet of Lot 3, Block 1, Skiview Addition to the City
of Kearney, Buffalo County, Nebraska (5308 Parklane Drive) and approve Resolution
No. 2002-262. (Planning Commission recommended approval.)
7. Conduct a public hearing on the
Application submitted by Bruce and Joann Handley, Maria Tucker, and James and Tori
Fiala, and Good Samaritan Hospital (Applicant and Owner) to rezone from
“District R-1, Urban Residential Single-Family (Low Density) District”,
“District C-0, Office District”, “District UC, Mixed Use Urban Corridor
District”, and “District R-2, Urban Residential Mixed-Density District”, to
“District C-0/PD, Office District/Planned Development Overlay District” a tract
of land described as Lots 1 and 2, Good Samaritan Subdivision; Lots 1 through
12, inclusive, Wiley’s Subdivision; Lots 1 through 10, inclusive, Greater
Kearney Subdivision; Lots 7 through 10, inclusive, and the south 44 feet of Lot
11, Ragain’s Subdivision; Lots 1, 2, 3 (excepting the south 45 feet of Lot 3),
Lot 9 (excepting the south 51 feet of Lot 9), and Lot 10, Bergt & Keiss
Subdivision; part of Lot 2, all of Lots 22, 23, 24 and all of Lot 38 (except
the west 110.5 feet of the south 73.4 feet of Lot 38), Northwest Quarter School
Section Addition, including vacated streets and alleys therein, all in the City
of Kearney, Buffalo County, Nebraska (between 31st Street and 35th Street and
2nd Avenue and Avenue A). (Planning Commission recommended approval.)
8. Conduct a public hearing on the
Application submitted by Good Samaritan Hospital (Applicant and Owner) for
Planned District Development Plan approval for the expansion and reconstruction
of hospital facilities on property to be zoned “District C-0/PD, Office
District/Planned Development Overlay District” property to be known as Good
Samaritan Second Subdivision and now described as a tract of land described as
Lots 1 and 2, Good Samaritan Subdivision; Lots 1 through 12, inclusive, Wiley’s
Subdivision; Lots 1 through 10, inclusive, Greater Kearney Subdivision; Lots 7
through 10, inclusive, and the south 44 feet of Lot 11, Ragain’s Subdivision;
Lots 1, 2, 3 (excepting the south 45 feet of Lot 3), Lot 9 (excepting the south
51 feet of Lot 9), and Lot 10, Bergt & Keiss Subdivision; part of Lot 2,
all of Lots 22, 23, 24 and all of Lot 38 (except the west 110.5 feet of the
south 73.4 feet of Lot 38), Northwest Quarter School Section Addition,
including vacated streets and alleys therein, all in the City of Kearney,
Buffalo County, Nebraska (between 31st Street and 35th Street and 2nd Avenue
and Avenue A) and approve Resolution No. 2002-263. (Planning Commission
recommended approval subject to (1) the deviation in height, a total of 95 feet
of height be allowed; and (2) the developer shall show appropriate mitigation
at the intersection of Avenue A and 31st Street to allow for the increased
traffic generated at the early stages of development with the Planning
Commission recommending that the structural modification at Avenue A and 31st
Street be completed contemporary with any other street closings and street
development.)
IV CONSENT AGENDA *
1. Approve Minutes of Regular Meeting
held October 22, 2002.
2. Approve Claims.
3. Approve the recommendation from the
Mayor on the appointment of Janet Rowling to serve on the Board of Adjustment.
4. Approve the application for a Special
Designated License submitted by STEVE & JONI PAULSEN, dba “The Sandbar” in
connection with their Class C/K28462 Catering Liquor License to dispense beer,
wine and distilled spirits in the Exposition Building located at the Buffalo
County Fairgrounds, 3807 Avenue N, on November 30, 2002 from 5:00 p.m. until
1:00 a.m. for the Rough Stock Rodeo Finals.
5. Approve the application for a Special
Designated License submitted by FAITH FOOD PRODUCTS, INC., dba “The Lodge
Restaurant” in connection with their Class “C” Liquor License to dispense beer,
wine and distilled spirits in the Extension Building located at the Buffalo
County Fairgrounds, 1400 East 34th Street, on December 7, 2002 from 12:00 p.m.
until 1:00 a.m. for a wedding reception subject to the City receiving a
Certificate of Insurance.
6. Approve Application and Certificate for
Payment No. 2 in the amount of $140,433.48 submitted by Blessing, LLC for the 2002
Part IV Improvements consisting of Paving Improvement District No. 2001-858
for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th
Street, Paving Improvement District No. 2002-869 for the alley between 1st
Avenue and 2nd Avenue from 21st Street to North Railroad Street, Paving
Improvement District No. 2002-870 for the alley between Central Avenue and
Avenue A from 21st Street to North Railroad Street
and the parking lot located northwest of the Library, and approve Resolution
No. 2002-264.
7. Approve Change Order No. 1 in the amount of
$9,236.00, Application and Certificate for Payment No. 7 in the amount of $258,593.43
submitted by Blessing, LLC for the 2002 Part III Improvements consisting
of Paving Improvement District No. 2001-865 for Kea West Avenue from 11th
Street south a distance of 2777± feet, Paving Improvement District No. 2001-866
for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue and
approve Resolution No. 2002-265.
8. Approve the Lease Purchase Agreement with
Deere Credit Inc. for the lease/purchase of two John Deere Fairway Mowers for the
Meadowlark Hills Golf Course and approve Resolution No. 2002-266.
9. Approve the request submitted by Beth Caha
to use the sidewalk and two parking stalls in front of Cedar Hill Creations, 2304 Central Avenue, on November 30, 2002 from 12:00 noon until 5:00 p.m. for a free promotion of roasted
chestnuts.
10. Approve the Letter of
Agreement between the City of Kearney and
the Good Samaritan Health Systems regarding Emergency Ambulance Services and
approve Resolution No. 2002-267.
11. Approve the Developer
Constructed Infrastructure Agreement for Lots 1 and 2, Skiview Estates Fourth
with Todd John and Anne Elizabeth Van Skiver, Greg John and Roxanne R. Van
Skiver, Johnson Land Company, and Carlos Segura President of Segura – Arrietta
Construction and approve Resolution No. 2002-268.
* 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. REMAIN ON THE TABLE UNTIL NOVEMBER 26, 2002 Consider the application for an
addition to the licensed premise submitted by T.E. SHELDON, dba “The Roman” in
connection with their Class I52918 Liquor License located at 2004 Central Avenue.
2. ORDINANCE NO. 6919 -- Vacate Lot 6
of Block 1, Lot 1 of Block 2, and that part of Avenue D Place abutting Lot 6 of
Block 1 on the west and located east of said Lot 1 of Block 2 and north of 52nd
Street, all in Skiview Estates Third, an addition to the City of Kearney,
Buffalo County, Nebraska. (Pertains to Public Hearings 3, 4, 5.)
3. ORDINANCE NO. 6920 -- Rezone from “District
AG, Agricultural District” to “District R-1, Urban Residential Single-Family
District (Low Density)” AND “District R-2, Urban Residential Mixed-Density
District” property described as a tract of land being part of the Northeast
Quarter of the Northwest Quarter of Section 25, Township 9 North, Range 16 West
of the 6th P.M., containing 6.47 acres, more or less, Buffalo County, Nebraska
(east of Avenue E, south of 56th Street, north of 52nd Street). (Pertains
to Public Hearings 3, 4, 5.)
4. ORDINANCE NO. 6921 -- Vacate Central
Avenue as it abuts the north line of 31st Street, north to the extended north
line of Lots 22 and 23, and to vacate 32nd Street from the west line of Central
Avenue, west 147 feet, all in Northwest Quarter School Section Addition; to
vacate Keiss Lane from the east line of 2nd Avenue east to the extended east
line of Lot 8, Bergt and Keiss Subdivision; to vacate the 20-foot wide alley as
the east 10 feet abut the west 10 feet of the entire west line of Wiley’s
Subdivision, vacated 34th Street, and the north half of Lot 24, and the west 10
feet as it abuts the east line of Lot 38 and the north half of Lot 23, all in
the Northwest Quarter of School Section Addition (the south line of this
vacation shall abut the north line of Ordinance No. 5843); and to vacate
Carlton Drive from the north line of Lot 12, Ragain’s Subdivision, south 94
feet to the south end of Carlton Drive, all in the City of Kearney, Buffalo
County, Nebraska. (Pertains to Public Hearings 7, 8.)
5. ORDINANCE NO. 6922 -- Vacate the
entire Wiley’s Subdivision, the entire Greater Kearney Subdivision; the entire
Good Samaritan Subdivision; all of Lots 7, 8, 9, 10 and the south 44 feet of
Lot 11, and all parts thereof, Ragain’s Subdivision; all of Lots 22 and 23, all
of Lot 38 except the west half of the South Quarter of Lot 38, the east 147
feet of the north half of Lot 2, the north half of Lot 24 and the north half of
the south half of Lot 24, and all parts thereof, all in the Northwest Quarter
School Section Addition; all of Lot 10 except a portion in the northeast corner
owned by Nebraska Department of Roads and all of Lots 1 and 2, the north 20
feet of Lot 3, north half of Lot 9, all in Bergt and Keiss Subdivision, all in
the City of Kearney, Buffalo County, Nebraska. (Pertains to Public Hearings
7, 8.)
6. ORDINANCE NO. 6923 -- Rezone from
“District R-1, Urban Residential Single-Family (Low Density) District”,
“District C-0, Office District”, “District UC, Mixed Use Urban Corridor
District”, and “District R-2, Urban Residential Mixed-Density District”, to
“District C-0/PD, Office District/Planned Development Overlay District” a tract
of land described as Lots 1 and 2, Good Samaritan Subdivision; Lots 1 through
12, inclusive, Wiley’s Subdivision; Lots 1 through 10, inclusive, Greater
Kearney Subdivision; Lots 7 through 10, inclusive, and the south 44 feet of Lot
11, Ragain’s Subdivision; Lots 1, 2, 3 (excepting the south 45 feet of Lot 3),
Lot 9 (excepting the south 51 feet of Lot 9), and Lot 10, Bergt & Keiss
Subdivision; part of Lot 2, all of Lots 22, 23, 24 and all of Lot 38 (except
the west 110.5 feet of the south 73.4 feet of Lot 38), Northwest Quarter School
Section Addition, including vacated streets and alleys therein, all in the City
of Kearney, Buffalo County, Nebraska (between 31st Street and 35th Street and
2nd Avenue and Avenue A). (Pertains to Public Hearings 7, 8.)
7. Consider the application submitted by Bruce and
Joann Handley, Maria Tucker, and James and Tori Fiala, and Good Samaritan Hospital (Applicant and Owner) for final
plat approval of “GOOD SAMARITAN SECOND SUBDIVISION” to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2002-269
subject to the effective date of Ordinance Nos. 6921, 6922 and 6923. (Pertains
to Public Hearings 7, 8.)
8. ORDINANCE NO. 6924 – Vacate Lot 1, Fast Phil Addition, an addition to the City of Kearney, Buffalo County, Nebraska. (Planning Commission
recommended approval.)
9. Consider the application submitted
by Mitch Humphrey (Applicant) for Dan Stump (Owner) for final plat approval of
“FAST PHIL SECOND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2002-270
subject to the effective date of Ordinance No. 6924. (Planning Commission
recommended approval.)
10. Consider the bids received
for the Improvements for Highway 30 and Avenue N Intersection Project and
approve Resolution No. 2002-271 awarding the bid to Dominion Construction Co.
in the amount of $77,598.00 subject to concurrence by the Nebraska Department
of Roads.
11. Open Account Claims Peter Kotsiopulos
- $129.18
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 Peter Kotsiopulos Council
member Bruce Blankenship
12 Hillcrest Drive 4415
Sunset Trail
237-9328 home 238-0080 office 234-6343
home 236-6903 office
Council member Don Kearney Council
member Randy Buschkoetter
701 Huron Drive 1110 13th Avenue
237-3225 home 236-5411 office 234-5553
home 237-6101 office
Council member Jose Zapata City
Manager G. Allen Johnson
416 East 17th Street 18
East 22nd Street
234-1273 home 308-745-0780
office 233-3214 office
AGENDA
City Council Chambers, 18 East 22nd Street
November 12, 2002
7:30 P.M.
ADDENDUM NO. 1
IV CONSENT AGENDA *
12. Approve the application for
a Special Designated License submitted by BEAVER CREEK SALOON, dba “Rod &
Patricia Bamrick” in connection with their Class “C/K43335” Catering Liquor
License to dispense beer, wine and distilled spirits in the Extension Building
located at the Buffalo County Fairgrounds, 1400 East 34th Street, on November
30, 2002 from 4:00 p.m. until 1:00 a.m. for a wedding dance.