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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

June 27, 2006

7:00 p.m.

 

 

I   ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA).

 

2.         Pledge of Allegiance.

 

3.         Announcement on Open Meetings Act.

 

4.         Roll call.

 

5.         Oral Communication – Recognition of visitors.

 

II   UNFINISHED  BUSINESS

 

None.

 

III   PUBLIC  HEARINGS

 

1.         WITHDRAWN BY APPLICANT.  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.         WITHDRAWN BY APPLICANT.  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.         WITHDRAWN BY APPLICANT.  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 TABLE UNTIL JULY 11, 2006.  Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (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 0.656 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street).

 

5.         REMAIN ON TABLE UNTIL JULY 11, 2006.  Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for final plat approval and Subdivision Agreement for “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) and approve Resolution No. 2006-91.

 

6.         REMAIN ON TABLE UNTIL JULY 11, 2006.  Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion into the City limits of “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) and approve Resolution No. 2006-92.

 

7.         Conduct a public hearing on the Application for a Class I-72702 (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by Douglas P. & Pamala M. Geist, dba “Durty Dougs Taco Bar” located at 1412 West 24th Street, #3 and approve Resolution No. 2006-104.

 

IV   CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held June 13, 2006, and Minutes of Special Meeting held June 19, 2006.

 

2.         Approve the Claims.

 

3.         Receive recommendations of Planning Commission and set July 11, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the application submitted by Broadfoot Sand and Gravel to extend Conditional Use Permit No. 2000-07 for a clay extraction operation at 70th Street and 30th Avenue for a period of two years.

 

5.         Approve the Employment Agreement between the City of Kearney and Michael W. Morgan and approve Resolution No. 2006-105.

 

6.         Approve Resolution No. 2006-106 appointing members to fill the vacancies/expirations on the following Boards/Commissions: Jonathan Crouch to serve on the Advisory Board of Cable Commissioners, Ron Ridgway to serve on the Board of Adjustment, and Mark Loescher to serve on the Downtown Improvement Board.

 

7.         Approve the request from the Police Department to the temporarily close Avenue B from Railroad Street to a half block north on July 22, 2006 from 8:00 a.m. until 5:00 p.m. for the annual auction.

 

8.         Approve Application and Certificate for Payment No. 2 in the amount of $101,326.95 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; and Paving Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th Street and approve Resolution No. 2006-107.

 

9.         Approve Application and Certificate for Payment No. 1 in the amount of $53,283.38 submitted by Midlands Contracting and approved by Miller & Associates for the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and approve Resolution No. 2006-108.

 

10.        Approve Change Order No. 1 showing an increase in the amount of $19,967.10, Application and Certificate for Payment No. 7-Final in the amount of $22,075.72, and Certificate of Substantial Completion 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; and 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. 2006-109.

 

11.        Approve Application and Certificate for Payment No. 3 in the amount of $298,456.39 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. 2006-110.

 

12.        Approve Application and Certificate for Payment No. 1 in the amount of $30,339.23 submitted by Blessing, LLC and approved by Miller & Associates for the 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 and approve Resolution No. 2006-111.

 

13.        Approve the application submitted by Cheryl Schroeder to extend Conditional Use Permit No. 1998-05 to locate a Bed and Breakfast at 2915 5th Avenue for a period of one year.

 

14.        Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and Jeffery Sikes, Designated Agent for TWL, LLC; David Terveen, Lynn Terveen; and Myron Letcher and Carol Letcher for the construction of public infrastructure for Lots 1 through 6 of Block 1, Lots 1 through 7 of Block 2, Lots 1 through 5 of Block 3, and Lots 1 through 7 of Block 4, all in Bel Air Third Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2006-112.

 

15.        Approve the application for a Special Designated License submitted by KEARNEY STEAK COMPANY, dba “Whiskey Creek” in connection with their Class IK35628 to dispense beer, wine, and distilled spirits in the Exposition Building and in a designated fenced beer garden west of the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on August 3, 4, 5, and 7, 2006 from 8:00 a.m. until 1:00 a.m. and on August 6, 2006 (Sunday) from 12:00 noon until 12:00 midnight in connection with the Buffalo County Fair.

 

16.       Consider the request for a variance submitted by Paulino Salinas to install a parking slab for wheel chair accessibility on property described as Lots 281 and 282, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska  (2109 Avenue C) and approve Resolution No. 2006-113.

 

*           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.         WITHDRAWN BY APPLICANT.  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 TABLE UNTIL JULY 11, 2006. ORDINANCE NO. 7268 – Vacate Lot 1 of Block 4, North Park, an addition to the City of Kearney, Buffalo County, Nebraska (2204 West 50th Street).  (Pertains to Public Hearing 4)

 

3.         REMAIN ON TABLE UNTIL JULY 11, 2006. ORDINANCE NO. 7269 – 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 0.656 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street). (Pertains to Public Hearing 4)

 

4.         Open Account Claims:  Fremont National Bank - $39,011.54

 

VII   REPORTS

 

VIII   ADJOURN

 

In accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is posted in the Council Chambers at City Hall.

 

 

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