AGENDA

City Council Chambers, 18 East 22nd Street

May 23, 2006

7:00 p.m.

 

 

I   ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA);

            Reverend Thomas Hansen from St. Luke’s Episcopal Church.

 

2.         Pledge of Allegiance.

 

3.         Roll call.

 

4.         Oral Communication - Recognition of visitors.

 

II   UNFINISHED  BUSINESS

 

None.

 

III   PUBLIC  HEARINGS

 

1.         REMAIN ON THE TABLE UNTIL JUNE 13, 2006. Conduct a public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road) and approve Resolution No. 2006-62.

 

2.         REMAIN ON THE TABLE UNTIL JUNE 13, 2006. Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road).

 

3.         REMAIN ON THE TABLE UNTIL JUNE 13, 2006. Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) for final plat approval and Subdivision Agreement for “VOGT SUBDIVISION” a subdivision being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road) and approve Resolution No. 2006-63.

 

4.         REMAIN ON THE TABLE UNTIL JUNE 13, 2006.  Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) and Jeffrey Sikes for TWL, LLC (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 Northeast Quarter of the Northeast Quarter of  Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.62 acres, more or less, of which 0.87 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (west of the intersections of 67th Street and Avenue N and 69th Street and Avenue N).

 

5.         REMAIN ON THE TABLE UNTIL JUNE 13, 2006.  Conduct a public hearing on the Application submitted by Jeffrey Overturf for PABO, LLC (Applicant) and Bob Wilson (Owner) for a Conditional Use Permit to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street).

 

6.         Conduct a public hearing on the proposed acquisition for right-of-way purposes in connection with Phase I of the 39th Street Improvement Project of the following tracts of land and to approve Resolution No. 2006-74:

TRACT 1 – NEW RIGHT-OF-WAY

            A tract of land located in the Southeast Quarter of the Southeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows; Referring to the southeast corner of said Section 26; thence northerly on the east line of said Southeast Quarter of Section 26 a distance of 25 feet; thence westerly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 102.58 feet to the ACTUAL PLACE OF BEGINNING; thence with a deflection angle to the right of 151°07' a distance of 49.6 feet; thence left 59°46' a distance of 110.67 feet; thence right 00°17' a distance of 127.57 feet; thence left 172°02'39" a distance of 72.57 feet; thence left 08°30'35" a distance of 135.98 feet; thence right 44°27' a distance of 35.69 feet to a point 55 feet north of the south line of said Southeast Quarter; thence westerly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 345.54 feet to a point on the east line of Lot 1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence southerly on the east line of said Lot 1 a distance of 15.0 feet to the southeast corner of said Lot 1; thence continuing southerly on the afore said east line (if extended) a distance of 15.0 feet to a point 25 feet north of the south line of said Southeast Quarter; thence easterly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 336.32 feet to the place of beginning, containing 13,038 sq. ft. (0.3 acres), more or less; AND

TRACT 2 – NEW RIGHT-OF-WAY

            A tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 35, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and part of Lot 1, Block 3, Skyline Drive Subdivision, a subdivision in the City of Kearney, Buffalo County, Nebraska, more particularly described as follows; Referring to the northeast corner of the Northeast Quarter of said Section 35; thence westerly on the north line of said Northeast Quarter a distance of 80 feet; thence southerly parallel with the east line of the Northeast Quarter a distance of 25.6 feet to the ACTUAL POINT OF BEGINNING, said point being on the south right-of-way line of 39th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence northwesterly on the south right-of-way line of said 39th Street a distance of 110.0 feet to a point on the east line of Lot 1, Block 3, Skyline Drive Subdivision, (if extended northerly); thence southerly 1.7 feet to the northeast corner of said Lot 1, Block 3; thence westerly on the north line of said Lot 1 to the northwest corner of said Lot 1; thence southerly on the west line of said Lot 1 a distance of 14.08 feet; thence deflecting left 83°10' a distance of 16.09 feet to a point 41.0 feet southerly of and perpendicular to the north line of the Northeast Quarter; thence easterly 41.0 feet southerly of and parallel with the said north line a distance of 185.4 feet; thence deflecting right 35°28'27" a distance of 43.06 feet to a point on the west line of a tract of land deeded to the State of Nebraska and presently being used for highway purposes; thence northerly on said west line a distance of 25.17 feet; thence deflecting left 58°14' and continuing on said west line a distance of 28.23 feet to the point of beginning, containing 4,092 sq. ft. (0.09 acres), more or less; AND

TRACT 3 – NEW RIGHT-OF-WAY

            A tract of land described as being part of Lot 2 and part of the East 2.5 feet of Lot 3, Block 3, Skyline Drive Subdivision, a subdivision in the City of Kearney, Buffalo County, Nebraska, and all being more particularly described as follows: Beginning at the northeast corner of Lot 2, Block 3; thence west on the north line of Lot 2 and Lot 3 a distance of 83.5 feet to a point 2.5 feet west of the northeast corner of Lot 3; thence southerly 4.05 feet parallel with the east line of said Lot 3; thence deflecting left 83°13' a distance of 84.1 feet to a point on the east line of said Lot 2, said point being 14.08 feet south of the northeast corner of said Lot 2; thence northerly 14.08 feet to the point of beginning, containing 758 sq. ft. (0.02 acres), more or less; AND

TRACT 4 – NEW RIGHT-OF-WAY

            A tract of land being the south 10.0 feet of Lot 1, Block 1, Windsor Estates Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 2,085 sq. ft. (0.05 acres), more or less; AND

TRACT 5 – NEW RIGHT-OF-WAY

            A tract of land being the south 10.0 feet of Lot 1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,100 sq. ft. (0.03 acres), more or less; AND

TRACT 6 – NEW RIGHT-OF-WAY

            A tract of land being the south 5.0 feet of Lot 2, Windsor Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,085 sq. ft. (0.02 acres), more or less; AND

TRACT 7 – NEW RIGHT-OF-WAY

            A tract of land being the south 5.0 feet of Lot 3, Windsor Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,350 sq. ft. (0.03 acres), more or less.

 

IV   CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held May 9, 2006.

 

2.         Approve the Claims.

 

3.         Receive recommendations of Planning Commission and set June 13, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve Resolution No. 2006-75 allowing the City to reimburse certain expenditures with the proceeds of tax-exempt bonds to be issued in the future in connection with 2006 Part I Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition.

 

5.         Adopt a policy establishing guidelines on the Capital Improvement Projects/Sales Tax on prioritizing and spending of the ½ cent sales tax and approve Resolution No. 2006-76.

 

6.         Approve the Plans and Specifications for AIP 3-31-0045-17 which consists of the Lighting Project on Runway 13/31, Taxiway “B”, “C”, “D”, “E”, and “F” at the Kearney Municipal Airport and set the bid opening date for sometime in July 2006 subject to FAA approval.

 

7.         Approve the request from the Yanney Heritage Park Foundation and the City of Kearney to conduct Yanney Heritage Day on June 10, 2006 at the E.K. & Mary Yanney Heritage Park which includes a fireworks display.

 

8.         Authorize the execution of a Letter of Support for Essential Air Service to the Department of Transportation and approve Resolution No. 2006-77.

 

9.         Approve Change Order No. 1 for an increase in the amount of $27,050.00 submitted by Werner Construction Co. and approved by Kirkham Michael for the Apron/Taxilane Improvements at the Kearney Municipal Airport (AIP Project No. 3-31-0045-15) and approve Resolution No. 2006-78.

 

10.        Approve Change Order No. 1 for an increase in the amount of $1,361.00, Application and Certificate for Payment No. 1-Final in the amount of $98,632.00, and the Certificate of Substantial Completion submitted by Midlands Contracting, Inc. and approved by Miller & Associates for the 2005 Part VI Improvements – Bid A consisting of Water District No. 2005-541 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Water District No. 2005-542A for 4th Avenue from 44th Street north a distance of 734.2± feet; Sewer District No. 2005-484 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; and Sewer District No. 2005-485A for 4th Avenue from 44th Street north a distance of 734.2± feet and approve Resolution No. 2006-79.

 

11.        Approve Application and Certificate for Payment No. 1 in the amount of $29,389.05 submitted by Blessing, LLC and approved by Miller & Associates for the 2005 Part VI Improvements – Bid B consisting of Paving Improvement District No. 2005-905 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Paving Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th Street and approve Resolution No. 2006-80.

 

12.        Approve Application and Certificate for Payment No. 6 in the amount of $57,844.17 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. 2006-81.

 

13.        Approve Application and Certificate for Payment No. 6 in the amount of $13,547.95 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV Improvements – Bid B 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 and approve Resolution No. 2006-82.

 

14.        Approve Application and Certificate for Payment No. 2 in the amount of $107,696.25 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part I Improvements – Bid A consisting of Paving Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; 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 and approve Resolution No. 2006-83.

 

15.        Approve the application for deferral of special assessments submitted by the University of Nebraska at Kearney in connection with Water District No. 2005-540 for West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition.

 

16.        Approve the Technical and Professional Services Contract between the City of Kearney and Miller & Associates for Community Development Block Grant No. 05-CR-012 for grant administration services relating to the Community Revitalization Program and approve Resolution No. 2006-84.

 

17.        Approve Supplemental Agreement No. 1 between the City of Kearney, Buffalo County, and the State of Nebraska Department of Roads for Project STPD-TMT-10-2(114) setting forth the responsibilities of the parties for the preliminary engineering, lead agency and funding obligations with regard to the Kearney East Bypass Project and approve Resolution No. 2006-85.

 

18.        Approve Supplemental Agreement #1 for Engineering Services between the City of Kearney and Kirkham, Michael & Associates in connection with the Cherry Avenue/I-80Interchange and East Kearney Bypass Environmental Assessment and approve Resolution No. 2006-86.

 

19.        Approve the recommendation from the Code Enforcement Officer on the annual renewal of the following manufactured home court licenses until May 31, 2006:

            Cornhusker Mobile Home Park, 1115 Avenue C

            Cottonmill Mobile Home Court, 3635 Cottonmill Avenue

            Countryside Mobile Park, Inc., 1920 15th Avenue

            East Lawn Mobile Homes Estates, 2900, 3010 Grand Avenue

            L&M Mobile Home Park, 1122 Central Avenue

            Merriweather Mobile Home Village, 914 West 17th Street

            Northside Park, 4641 West Highway 30

            Park-Wa Trailer Court, 2214 14th Avenue

            Rodeo Court, 2414 West 24th Street

            R-Villa East, West and South, 2424, 2719, 2803 West 24th Street

            Schnase Trailer Court, 1284 62nd Avenue

            Sheen’s Mobile Home Court, 4664 West Highway 30

            Valley View Mobile Home Court, 2701 Grand Avenue

            Van Vleet Trailer Court, 550 30th Avenue

            Villa Park, 2703 West 24th Street

            Westside Trailer Court, 1282 62nd Avenue

            Woodriver Valley Mobile Home Park, 865 West 78th Street

 

20.        Approve the Agreement submitted by the Central Nebraska Auto Club to block off Central Avenue from 25th Street to North Railroad Street, 23rd Street from 1st Avenue to Avenue A, the parking lot located west of Cunningham’s Journal, the parking lot located behind City Hall, and the parking lot located north of MONA in conjunction with Cruise Nite 2006.  Also, they will conduct a parade on July 15, 2006 from 6:00 p.m. until 7:00 p.m. on Central Avenue from North Railroad Street to 27th Street and then west subject to the City receiving the required Certificate of Insurance.

 

21.        Approve the request submitted by the Downtown Improvement Board to block off Central Avenue from 22nd Street to 23rd Street on July 21, 2006 from 8:00 a.m. until 9:00 p.m., and to occupy the sidewalks in the downtown area on July 20, 21, 22, 2006 from 8:00 a.m. until 9:00 p.m. to conduct Sidewalks Sales.

 

22.        Approve the request submitted by John Deterding to temporarily block off northbound traffic on 2nd Avenue from 21st Street to 22nd Street on May 29, 2006 from 1:30 p.m. until 3:30 p.m. for a memorial dedication to the veterans.

 

23.        Approve the Interlocal Agreement between the City of Kearney, the Buffalo County Board of Supervisors, and the Buffalo County Economic Development Corporation defining the responsibilities as it relates to a joint and cooperative action for distribution of Buffalo County Program Income Reuse monies within the jurisdiction of the City and approve Resolution No. 2006-87.

 

*           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 JUNE 13, 2006. ORDINANCE NO. 7258 – Rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road). (Pertains to Public Hearing 2)

 

2.         REMAIN ON THE TABLE UNTIL JUNE 13, 2006. ORDINANCE NO. 7256 – Grant a Conditional Use Permit to Jeffrey Overturf for PABO, LLC (Applicant) and Bob Wilson (Owner) to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street). (Pertains to Public Hearing 5)

 

3.         Open Account Claims    Fremont National Bank - $27,430.27

 

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