AGENDA

City Council Chambers, 18 East 22nd Street

June 14, 2005

7:00 p.m.

 

 

I   ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA);

            Reverend Robert Kuefner, Holy Cross Lutheran Church

 

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 submitted by Good Samaritan Hospital (Applicant and Owner) to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District C-0, Office District” property described as Lots 13 and 14, Cottage Place, an addition to the City of Kearney, Buffalo County, Nebraska (16 and 108 West 32nd Street). (Planning Commission recommended approval.)

 

2.         Conduct a public hearing on the Application submitted by Tim Norwood (Applicant) for NP Land Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District C-0, Office District” property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E). (Planning Commission recommended approval.)

 

3.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Tim Norwood of NP Land Development Inc. (Owner) for the inclusion of “STONERIDGE FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E) and approve Resolution No. 2005-82. (Planning Commission recommended approval.)

 

4.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Tim Norwood of NP Land Development Inc. (Owner) for final plat approval for “STONERIDGE FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E) and approve Resolution No. 2005-83. (Planning Commission recommended approval.)

 

5.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for M. Timm Development (Owner) for final plat approval for “GRANDVIEW ESTATES NINTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska located in the South Half of the Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., containing 7.45 acres, more or less, Buffalo County, Nebraska (north of 39th Street and west of Avenue R) and approve Resolution No. 2005-84. (Planning Commission recommended approval subject to filing a cross-parking agreement with the Register of Deeds at the time the final plat is filed.)

 

6.         Conduct a public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for NP Land Development Inc. (Owner) for final plat approval for “STONERIDGE FIFTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of 56th Street and east of Avenue E) and approve Resolution No. 2005-85. (Planning Commission recommended approval.)

 

7.         Conduct a public hearing on the Application submitted by Craig Bennett from Miller & Associates for Pedcor Investments, LLC (Applicant) and NP Land Development Inc. (Owner) for Planned District Development Plan Approval for the construction of a multi-family facility on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of 56th Street and east of Avenue E) and approve Resolution No. 2005-86. (Planning Commission recommended approval subject to the following provisions: (1) access to the site will be provided through Lot 2, Stoneridge Addition; (2) the access will meet emergency purposes as well as access to the development until such time as Avenue E is completed; (3) the access will be designed in such a way as to be agreeable to the owner, to the City and to the Developer; and (4) the setbacks between Buildings 3 and 8 be allowed to be 20 feet per building.)

 

8.         Conduct a public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Jeff Sikes and Casey Illian (Owners) for Planned District Development Plan Approval for the construction of mixed family development on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska (40th Street and Avenue R) and approve Resolution No. 2005-87. (Planning Commission recommended approval subject to labeling the abutting streets for orientation purposes as Avenue R and 40th Street.)

 

9.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Brent Henderson and Gary Henderson (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 the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 18.20 acres, more or less, Buffalo County, Nebraska; AND to “District C-3, General Commercial District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 21.18 acres, more or less, Buffalo County, Nebraska; AND to “District C-3/PD, General Commercial District/Planned Development Overlay District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street). (Planning Commission recommended approval.)

 

10.        Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Brent Henderson and Gary Henderson (Owner) for final plat and Subdivision Agreement approval for “COUNTRY DEPOT PLAZA SUBDIVISION”, a subdivision in Buffalo County, Nebraska for a tract of land described as being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 97.24 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street) and approve Resolution No. 2005-88. (Planning Commission recommended approval.)

 

11.        Conduct a public hearing on the Application submitted by Dennis Pace (Applicant) and Brent Henderson and Gary Henderson (Owner) for Planned District Development Plan Approval for the construction of a convenience store, a restaurant, a truck wash and wash out facility, a retail, greenhouse, lawn and garden, wire, hay and vehicle facility on property to be zoned “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street) and approve Resolution No. 2005-89. (Planning Commission recommended approval.)

 

IV   CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held May 24, 2005.

 

2.         Approve the Claims.

 

3.         Approve the application for a Special Designated License submitted by DOUGLAS HOOS, dba “Tubs Pub” in connection with their Class C/K282 Catering Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on August 27, 2005 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

4.         Approve Application and Certificate for Payment No. 1 in the amount of $596,952.28 submitted by Midlands Contracting and approved by Miller & Associates for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue and approve Resolution No. 2005-90.

 

5.         Approve Change Order No. 1 showing an increase in the amount of $52,883.00 to include Paving Improvement District No. 2004-884 for Avenue A from 11th Street to 10th Street as submitted by Blessing., LLC and approved by Miller & Associates to the 2004 Part VII Improvements – Bid B 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 and approve Resolution No. 2005-91.

 

6.         Approve the application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico” in connection with their Class IB37623 liquor license to dispense beer and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on July 3, 2005 from 6:00 p.m. until 12:00 a.m. for a Mexican dance.

 

7.         Approve the application for a Special Designated License submitted by the Kearney Event Center in connection with their Class CK66275 catering liquor license to dispense beer, wine and distilled spirits in an enclosed fenced area in front of the arena in the parking lot of the Kearney Event Center, 609 Platte Road, for a temporary beer garden on July 3, 2005 from 12:00 p.m. until 12:00 a.m. for the July 4th Celebration.

 

8.         Approve the request submitted by the Kearney Downtown Centre Association/Downtown Improvement Board to block off Central Avenue from 22nd Street to 23rd Street on July 22, 2005 from 8:00 a.m. until 9:00 p.m., and to occupy the sidewalks in the downtown area on July 21, 22, 23, 2005 from 8:00 a.m. until 9:00 p.m. to conduct Sidewalks Sales.

 

9.         Approve the Plans and Specifications for AIP Project 3-31-0045-16 Kearney Snow Removal Equipment Building at the Kearney Municipal Airport and authorize Administration to set the bid opening date once the City has received approval from the Federal Aviation Administration.

 

10.        Approve the application for a Special Designated License submitted by EXPRESSIONS CATERING, INC., dba “Paradise Cove” in connection with their Class CK58433 liquor license to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument located at 3060 East 1st Avenue on July 9, 2005 from 4:00 p.m. until 12:00 a.m. for a fund raiser subject to the City receiving the required Certificate of Insurance.

 

11.        Approve the application for a Special Designated License submitted by EXPRESSIONS CATERING, INC., dba “Paradise Cove” in connection with their Class CK58433 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on July 9, 2005 from 4:00 p.m. until 1:00 a.m. for a wedding dance and reception subject to the City receiving the required Certificate of Insurance.

 

12.        Approve Change Order No. 1 showing an increase in the amount of $250.00 submitted by Blessing, LLC and approved by Brungardt Engineering in connection with the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park and approve Resolution No. 2005-92.

 

13.        Approve Change Order No. 2 showing a decrease in the amount of $10,214.36 submitted by Wilke Contracting and approved by Kirkham Michael in connection with the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument and approve Resolution No. 2005-93.

 

14.        Approve the Plans and Specifications for the 2005 Part IV Improvements consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2005-537 for a 20-foot waterline easement along the south line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2005-538 for a 10-foot utility easement along the west line of Lot 1 of Block 2, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2005-539 for 52nd Street from 2nd Avenue west to 3rd Avenue; Sewer District No. 2005-483 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska and set the bid opening date for July 6, 2005 at 2:00 p.m.

 

15.        Approve the Plans and Specifications for 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and set the bid opening date for July 6, 2005 at 2:00 p.m.

 

16.        Approve the Technical and Professional Services Contract between the City of Kearney and Miller & Associates for CDBG Application #05-CR-004 for grant administration services and approve Resolution No. 2005-94.

 

17.        Approve the Professional Services Consultant Agreement between the City of Kearney and Miller & Associates for CDBG Application #05-CR-004 as the CDBG Community Revitalization Planner and approve Resolution No. 2005-95.

 

*           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.         FIRST READING ON MAY 24, 2005.  ORDINANCE NO. 7181 – Create Water District No. 2005-540 for West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska.

 

2.         ORDINANCE NO. 7182 – Amend Table 53-1 “Application Requirements” of Chapter 53 “Subdivision Approvals and Procedures” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to reinstate the Environmental Information and the Improvements and Construction Information which was inadvertently omitted.

 

3.         ORDINANCE NO. 7183 – Amend the Kearney City Code by adding two new sections entitled Section 9-213 “International Energy Conservation Code” and Section 9-214 “International Energy Conservation Code; Subsequent Editions” to Article 2 “Building Code Generally” of Chapter 9 “Public Works” to adopt the International Energy Conservation Code 2003 Edition and any subsequent editions or revisions of the International Building Code and the International Energy Conservation Code adopted by the provisions of this Article shall be considered adopted and of full force and effect within the City.

 

4.         ORDINANCE NO. 7184 – Amend Section 9-1016 “Uniform Plumbing Code; Adopted”, Section 9-1017 “Amendments to 2003 Uniform Plumbing Code”, Section 9-1018 “Septic Systems and Leach Fields”, and Section 9-1042 “Specialty Plumber Classifications” all in Division I “Uniform Plumbing Code” of Article 10 “Plumbing Code” of Chapter 9 “Public Works” to adopt the Uniform Plumbing Code, 2003 Edition and any amendments thereto.

 

VI   REGULAR  AGENDA

 

1.         ORDINANCE NO. 7185 – Rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District C-0, Office District” property described as Lots 13 and 14, Cottage Place, an addition to the City of Kearney, Buffalo County, Nebraska (16 and 108 West 32nd Street). (Pertains to Public Hearing 1)

 

2.         ORDINANCE NO. 7186 – Rezone from “District AG, Agricultural District” to “District C-0, Office District” property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E). (Pertains to Public Hearing 2)

 

3.         ORDINANCE NO. 7187 – Vacate Lot 6 and the east 10 feet of Lot 5, Block 4, Grandview Estates, an addition to the City of Kearney, Buffalo County, Nebraska (39th Street and Avenue R). (Pertains to Public Hearing 5)

 

4.         ORDINANCE NO. 7188 – Vacate Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 56th Street and Avenue E). (Pertains to Public Hearing 6)

 

5.         ORDINANCE NO. 7189 – Rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 18.20 acres, more or less, Buffalo County, Nebraska; AND to “District C-3, General Commercial District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 21.18 acres, more or less, Buffalo County, Nebraska; AND to “District C-3/PD, General Commercial District/Planned Development Overlay District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street). (Pertains to Public Hearing 9)

 

6.         Consider establishing a policy regarding volunteer citizen boards, commissions and committees of the City of Kearney and approve Resolution No. 2005-96.

 

7.         Open Account Claims – NPPD $239.90; Fremont National Bank $36,532.74

 

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 Galen Hadley 3112 Country Club Lane 237-3794 home              865-8342 office	Vice-President Randy Buschkoetter 1110 13th Avenue 234-5553 home           698-8106 office
Council Member Don Kearney 701 Huron Drive 237-3225 home              236-5411 office	Council Member Stan Clouse 4907 Linden Drive Place 236-6193 home           238-5210 office
Council Member Bruce Lear 4803 Avenue L Place 234-5354 home              234-2424 office	City Manager Michael W. Morgan 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