AGENDA

City Council Chambers, 18 East 22nd Street

September 13, 2005

7:00 p.m.

 

 

I   ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA).

 

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 for a Class “B” (Beer – Off Sale Only) Liquor License submitted by 56TH STREET PLACE LLC, dba “56th Street Place” located at 1212 East 56th Street, and the application for Corporate Manager of Dave Colling, and approve Resolution No. 2005-139.

 

2.         Conduct a public hearing on the application for a Catering License submitted by HI-BRAND KEARNEY, LLC, dba “Old Chicago” in connection with their Class “I-66969” (Spirits, Wine, Beer – On Sale Only) Liquor License and located at 112 South 2nd Avenue and approve Resolution No. 2005-140.

 

3.         Conduct a public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Steven and Shirley Webster and NP Land Development, Inc. (Owner) to rezone from “District R-2,  Urban Residential Mixed Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 7 and 8, Perkins and Harford’s Strip Addition, the west six feet of Lot 249, all of Lots 248 and 329, Southwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (north of 27th Street and east of 2nd Avenue).

 

4.         Conduct a public hearing on the application submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 8450 square feet, more or less, all in Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue).

 

5.         Conduct a public hearing on the application submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) for final plat approval for “CASTLE RIDGE SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 8450 square feet, more or less, all in Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue) and approve Resolution No. 2005-141.

 

6.         Conduct a public hearing on the application submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion of “CASTLE RIDGE SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 8450 square feet, more or less, all in Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue) and approve Resolution No. 2005-142.

 

7.         Conduct a public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 8.19 acres, more or less, Buffalo County, Nebraska AND from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed Density District” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.56 acres, more or less, Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N).

 

8.         Conduct a public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) for final plat approval for “STONERIDGE SIXTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.75 acres, more or less, all in Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N) and approve Resolution No. 2005-143.

 

9.         Conduct a public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) for the inclusion of “STONERIDGE SIXTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.75 acres, more or less, all in Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N) and approve Resolution No. 2005-144.

 

10.        Conduct a public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Judith Hill and Paul and Barbara Harms (Owner) for final plat approval for “BROWN’S SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lots 1 and 2, Brown’s Addition (to be vacated), all in the City of Kearney, Buffalo County, Nebraska (north of 19th Street between Avenue A and Avenue B) and approve Resolution No. 2005-145.

 

11.        Conduct a public hearing on the application submitted by Ron Ridgway from Miller & Associates (Applicant) for Bruce and Monica Chapman (Owner) for final plat approval AND a Subdivision Agreement for “CHAPMAN’S ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lot 1, Frederick’s Addition (to be vacated), all in the City of Kearney, Buffalo County, Nebraska (south of 13th Street and west of Avenue M) and approve Resolution No. 2005-146.

 

12.        Conduct a public hearing on the application submitted by Mark McCoun of Prairie Log Homes of NE, Inc. (Applicant) for Wendell Dubbs of Midland Molding, Inc. (Owner) for Planned District Development Plan Approval for the construction of a warehouse on property zoned “District M-1/PD, Limited Industrial District/Planned Development Overlay District” and described as Lot 2 of Block 2, Northeast Industrial Subdivision, Buffalo County, Nebraska (2905 East 39th Street) and approve Resolution No. 2005-147.

 

13.        Conduct a public hearing on the application submitted by Richard Stacy from Miller & Associates (Applicant) for Pleasanton State Bank (Owner) for Planned District Development Plan Approval for the construction of a bank on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 3 of Block 1, North Acre Fifth, an addition to the City of Kearney, Buffalo County, Nebraska (6005 2nd Avenue) and approve Resolution No. 2005-148.

 

14.        Conduct a public hearing on the proposed amendments to Section 49-103 “Schedule of Off-Street Parking Requirements” of Chapter 49 “Off-Street Parking” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to amend Table 49-1: Minimum Off-Street Parking Requirements to include a provision to allow one space per 300 gross square feet for general retail services greater than 100,000 gross square feet.

 

15.        Conduct a public hearing on the application submitted by Scott DeBell from Woolpert, Inc. (Applicant) for Target Corporation (Owner) for Planned District Development Plan Approval for the construction of an addition to an existing retail business on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 1, Sorensen Park, an addition to the City of Kearney, Buffalo County, Nebraska (4800 3rd Avenue) and approve Resolution No. 2005-149.

 

16.        Conduct a public hearing for the purpose of adopting the City of Kearney Budget for the 2005-2006 Fiscal Year.

 

17.        Conduct a public hearing for the purpose of adopting the City of Kearney Offstreet Parking District No. 1 Budget for the 2005-2006 Fiscal Year.

 

18.        Conduct a public hearing for the purpose of setting the 2005 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. 2005-150.

 

IV   CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Airport Corporation Meeting held August 23, 2005 and Minutes of Regular Council Meeting held August 23, 2005.

 

2.         Approve the Claims.

 

3.         Approve the application for a Special Designated License submitted by Bucky’s Convenience Store in connection with their Class D-60618 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion Building at the Buffalo County Fairgrounds, 3807 Avenue N, on October 22, 2005 from 5:00 p.m. until 1:00 a.m. for a wedding dance/reception subject to the City receiving the required Certificate of Insurance.

 

4.         Accept the report from the City Clerk on the insufficiency of objections/protests received in connection with Ordinance No. 7193 creating Paving Improvement District No. 2005-903 for Avenue N from the south lot line of Lot 4 of Block 2, Stoneridge Third Addition, and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,465.92± feet and to proceed with the district.

 

5.         Approve the Agreement between the City of Kearney and the Law Firm of Tye & Rademacher for legal services as City Attorney and approve Resolution No. 2005-151.

 

6.         Approve the request submitted by the Kearney Family YMCA to conduct the Turkey Trot on November 24, 2005 beginning at 9:00 a.m. The route for the 2-Mile Run/Walk is to begin/finish at the YMCA, south on 6th Avenue, west on 35th Street, south on 5th Avenue, northwest through Harmon Park to 29th Street, north on 29th Street, west to 33rd Street, north to YMCA. The route for the 5-Mile Run is to begin/end at YMCA, south on 6th Avenue, east to 33rd Street, south on 5th Avenue, west on 26th Street through Campus, north on 15th Avenue, west on hike/bike trail, north on Country Club Lane, east on 35th Street, north on 11th Avenue, east on 39th Street, north to YMCA.

 

7.         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 18, 2005 beginning at 5:00 p.m. until 10:00 p.m. for their 9th Annual Candlelight Vigil.

 

8.         Approve the request submitted by Linda Shaw on behalf of Uptown Art Festival to use the sidewalks on Central Avenue from 25th Street to Railroad Street for the display of art on October 8, 2005.

 

9.         Approve Change Order No. 1 showing an increase in the amount of $3,948.04 submitted by BSB Construction and approved by Miller & Associates for the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill and approve Resolution No. 2005-152.

 

*           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. 7204 – Create Paving Improvement District No. 2005-907 for the alley lying between 24th Street and 25th Street and 5th Avenue and 6th Avenue.

 

2.         ORDINANCE NO. 7205 – Repeal Ordinance No. 7196 and to re-create Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet to correct the legal description.

 

3.         ORDINANCE NO. 7206 – Amend Chapter 2 ”Airports and Aviation” of the Kearney City Code as follows: Section 2-101 “Definitions”, Section 2-102 “Management Generally”, Section 2-103 “Airport Guards”, Section 2-104 “Applications of Code; Police Authority”, Section 2-105 “Permit Required for Commercial Operations”, Section 2-108 “Rules and Regulations; Noise Restricted, Dropping Objects Prohibited”, Section 2-109 “Rules and Regulations; Access to Airport Lands and Buildings”, and Section 2-110 “Smoking Prohibited” to delete any reference to the Kearney Municipal Airport Corporation and to clarify the language.

 

VI   REGULAR  AGENDA

 

1.         ORDINANCE NO. 7207 – Rezone from “District R-2, Urban Residential Mixed Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 7 and 8, Perkins and Harford’s Strip Addition, the west six feet of Lot 249, all of Lots 248 and 329, Southwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (north of 27th Street and east of 2nd Avenue). (Pertains to Public Hearing 3)

 

2.         ORDINANCE NO. 7208 – Rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 8450 square feet, more or less, all in Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue). (Pertains to Public Hearing 4)

 

3.         ORDINANCE NO. 7209 – Rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 8.19 acres, more or less, Buffalo County, Nebraska AND from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed Density District” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.56 acres, more or less, Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N). (Pertains to Public Hearing 7)

 

4.         ORDINANCE NO. 7210 – Vacate Lots 1 and 2, Brown’s Addition to the City of Kearney, Buffalo County, Nebraska (north of 19th Street between Avenue A and Avenue B). (Pertains to Public Hearing 10)

 

5.         ORDINANCE NO. 7211 – Vacate Lot 1, Frederick’s Addition to the City of Kearney, Buffalo County, Nebraska (south of 13th Street and west of Avenue M). (Pertains to Public Hearing 11)

 

6.         ORDINANCE NO. 7212 – Amend Section 49-103 “Schedule of Off-Street Parking Requirements” of Chapter 49 “Off-Street Parking” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to amend Table 49-1: Minimum Off-Street Parking Requirements to include a provision under commercial use types to allow one space per 200 square feet for general retail services 50,000 square feet or less, one space per 250 square feet for general retail services 50,001 to 100,000 square feet, and one space for 300 square feet for general retail services 100,001 square feet or larger. (Pertains to Public Hearing 14)

 

7.         ORDINANCE NO. 7213 – 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 16)

 

8.         Consider allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $62,354.91 which will be carried over to the 2005-2006 budget as “Unused Budget Authority” and approve Resolution No. 2005-153.

 

9.         ORDINANCE NO. 7214 – Repeal Ordinance No. 7117 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.

 

10.       Consider the recommendation submitted by the Kearney Committee on the allocation on non-departmental keno funds designed for outside agencies.

 

11.       Consider adoption of the City of Kearney 2006-2011 Long Range Goals.

 

12.        Consider the Agreement with Keep Nebraska Beautiful to place a modular storage facility at the Kearney Area Recycling Center for the collection and temporary storage of household hazardous waste and approve Resolution No. 2005-154.

 

13.       Consider submitting the question of imposing a sales and use tax in the amount of one-half percent in addition to the one percent currently in effect and to increase its budgeted restricted funds for fiscal year 2005-2006 by $2,700,000 which is 46% over the current year’s restricted funds with the proceeds collected therefrom to be used specifically for funding capital improvements/equipment to the qualified electors of the City of Kearney at a special election to be held within the City on November 15, 2005 and approve Resolution No. 2005-155.

 

14.       Open Account Claims   NPPD - $81,244.09; Fremont National Bank - $33,123.66; School District #7 - $1,559.35

 

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