AGENDA

City Council Chambers, 18 East 22nd Street

August 23, 2005

7:00 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 adopting a Plan for Dissolution of the Kearney Municipal Airport Corporation and to turn over all its assets and operations to the City of Kearney and approve KMAC Resolution No. 2005-12.

 

CONSENT  AGENDA

 

1.         Approve Minutes of regular meeting of the Kearney Municipal Airport Corporation held July 26, 2005.

 

REPORTS

 

ADJOURN

 

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KEARNEY CITY COUNCIL

 

1.         Roll call.

 

2.         Oral Communication - Recognition of visitors;

            Linda Murrish, 20 years of service with the Kearney Public Library.

           

            Presentation of Service Awards to Outgoing Board/Commission Members: Jay Egbert, Examining Board of Plumbers; Doug Roeder, Examining Board of Plumbers; Marilyn Heckman, Golf Advisory Board; Steve Buttress, Library Advisory Board; Lynn Johnson, Library Advisory Board; and Jay Rasmussen, Planning Commission.

 

            Presentation by the Golden K Kiwanis Club on their Volunteerism in the Community.

 

II   UNFINISHED  BUSINESS

 

None.

 

III   PUBLIC  HEARINGS

 

1.         Conduct a public hearing on the protests filed to the issuance of automatic renewal of a Retail Class CK-39105 (Beer, Wine and Distilled Spirits – On and Off Sale) Catering Liquor License for JCB ENTERPRISES, INC., dba “Bill’s Liquor” located at 2402 2nd Avenue and approve Resolution No. 2005-125.

 

2.         Conduct a public hearing for the purpose of revising the City of Kearney Budget for the 2004-2005 Fiscal Year.

 

IV   CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held August 9, 2005, and Minutes of Joint City/County Budget Meeting held August 10, 2005.

 

2.         Approve the Claims.

 

3.         Receive recommendations of Planning Commission and set September 13, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the Developer Constructed Infrastructure Agreement for Lot 38 of Block 2, Grandview Estates Third Addition between the City of Kearney and Illride Enterprises, LLC and approve Resolution No. 2005-126.

 

5.         Approve the Developer Constructed Infrastructure Agreement for Stoneridge Fifth Addition between the City of Kearney and Pedcor Investments, LLC to construct the public improvements in accordance with the Kearney City Code and approve Resolution No. 2005-127.

 

6.         Approve the application submitted by Susan Underhill to extend Conditional Use Permit No. 1979-06 to locate a day care center at 2803 Avenue I for a period of one year.

 

7.         Approve Application and Certificate for Payment No. 3 in the amount of $88,299.52 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 Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition and approve Resolution No. 2005-128.

 

8.         Approve Application and Certificate for Payment No. 1 in the amount of $119,632.59 submitted by Midlands Contracting and approved by Miller & Associates for the 2005 Part III Improvements – Bid A consisting of Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; and Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac and approve Resolution No. 2005-129.

 

9.         Approve Application and Certificate for Payment No. 1 in the amount of $149,871.60 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2005-130.

 

10.        Approve the application to conduct a parade submitted by the Kearney Visitors Bureau and UNK’s Music Department for UNK Band Day to be held on September 24, 2005 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.

 

11.        Approve Change Order No. 1 showing a decrease in the amount of $14,166.72, Application and Certificate for Payment No. 5-Final in the amount of $168,196.45, and the Certificate of Substantial Completion submitted by Starostka Group and approved by Miller & Associates for the 2004 Part VII Improvements – Bid A consisting of 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. 2005-131.

 

12.        Approve the request submitted by the University of Nebraska to conduct a 5K Run/3K Walk on September 26, 2005 beginning at 5:30 p.m. and to block off the right lane of eastbound traffic on University Drive from 24th Street (Highway 30) north/northeasterly to 9th Avenue.

 

13.        Approve supporting Rural Enterprise Assistance Project (REAP) by providing business development services under the newly approved Community Development Block Grant program and approve Resolution No. 2005-132.

 

14.        Approve the Agreement between the City of Kearney and Fun Time Amusement Inc. to connect a building on property described as Lots 133 and 134, South Kearney Addition (915 Avenue A) to a water main and approve Resolution No. 2005-133.

 

15.        Approve Change Order No. 3 showing a decrease in the amount of $61,951.21, Application and Certificate for Payment No. 6-Final in the amount of $29,961.36, and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part I Improvements – Phase III consisting of Paving Improvement District No. 2004-885 for 30th Avenue from 31st Street north to 39th Street and approve Resolution No. 2005-134.

 

16.        Approve Application and Certificate for Payment No. 4 in the amount of $13,789.90 submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part IX Improvements – Bid B 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; and 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 and approve Resolution No. 2005-135.

 

17.        Approve the recommendation from Administration on accepting the public sanitary sewer improvements for Lots 1 through 18 inclusive of Block 3, Marianne Hunt 2nd Addition to the City of Kearney, Buffalo County, Nebraska that was constructed under a Developer Constructed Infrastructure Agreement and approve Resolution No. 2005-136.

 

18.        Approve the request submitted by the Kearney Volunteer Fire Department to display a banner across Central Avenue and 22nd Street from September 25, 2005 until October 2, 2005 for their annual pancake feed.

 

*           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. 7194 – Amend Article 7 “Electricity” of Chapter 9 “Public Works” as follows: to amend Section 9-734 “Electrical Code; Adopted”, to adopt the National Electrical Code, 2005 Edition; to amend Section 9-736.1 “Service Masts as Supports” to reference the National Electrical Code, 2005 Edition; to amend Section 9-750 “Section 210.12 Amendment; Arc-Fault Circuit-Interrupter Protection” to reference the National Electrical Code, 2005 Edition; to amend Section 9-751 “Section 334-10 Amendment; Uses Permitted for Non-Metallic Sheathed Cable” to reference the National Electrical Code, 2005 Edition; to amend Section 9-752 “Section 334-12 Amended; Uses Not Permitted for Non-Metallic Sheathed Cable” to reference the National Electrical Code, 2005 Edition; to amend Section 9-753 “Section 403.102 Amended; Motor Disconnect, Location” to reference the National Electrical Code, 2005 Edition, all a part of the Kearney City Code.

 

2.         ORDINANCE NO. 7195 – Amend Section 58-106 “Nonconforming Residential Uses” of Chapter 58 “Nonconforming Development” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to clarify the language pertaining to the reference of the National Electrical Code.

 

3.         ORDINANCE NO. 7196 – Create Paving Improvement District No. 2005-904 for Avenue N from the south lot line of Lot 4 of Block 2, Eastbrooke Fourth Addition, thence north a distance of 210± feet.

 

4.         ORDINANCE NO. 7197 – Create Paving Improvement District No. 2005-905 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac.

 

5.         ORDINANCE NO. 7198 – Create Water District No. 2005-541 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac.

 

6.         ORDINANCE NO. 7199 – Create Sewer District No. 2005-484 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac.

 

7.         ORDINANCE NO. 7200 – Create Paving Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th Street.

 

8.         ORDINANCE NO. 7201 – Create Sewer District No. 2005-485 for 4th Avenue from 44th Street north a distance of 734.2± feet.

 

9.         ORDINANCE NO. 7202 – Create Water District No. 2005-542 for 4th Avenue from 44th Street north a distance of 734.2± feet.

 

VI   REGULAR  AGENDA

 

1.         ORDINANCE NO. 7203 – 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 1)

 

2.         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 2005-2006 and the final allocation of levy authority in the amount of $32,500.00 for Offstreet Parking District No. 1 for fiscal year 2005-2006 and approve Resolution No. 2005-137.

 

3.         Consider approving the Plan of Dissolution adopted by the Kearney Municipal Airport Corporation and agree to accept the assets and assume the liabilities and obligations of the Kearney Municipal Airport Corporation and approve Resolution No. 2005-138.

 

4.         Consider the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK-39105 liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway Monument, 3060 East 1st Street, on September 22, 2005 from 1:00 p.m. until 12:00 a.m. (midnight) for a reception/ business meeting.

 

5.         Consider the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK-39105 liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway Monument, 3060 East 1st Street, on September 24, 2005 from 1:00 p.m. until 1:00 a.m. for a wedding reception/dance.

 

6.         Open Account Claims        NPPD - $2,787.52; FREMONT NATIONAL BANK - $31,241.75

 

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	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