KEARNEY CITY
COUNCIL
AGENDA
City Council
Chambers, 18 East 22nd Street
July 11, 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;
Presentation of Firefighter I Awards to: Arron Adams, Luke Bazyn, Andrew
Bennett, Mason Dendinger, Jay Mollring, Matt Noffke, Dan Spellman, Dan Medina,
and Jeff Walbrun.
II
UNFINISHED BUSINESS
None.
III
PUBLIC HEARINGS
1. TABLED
JUNE 13, 27, 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).
2. TABLED
JUNE 13, 27, 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.
3. TABLED
JUNE 13, 27, 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.
4.
Conduct a public hearing on the Application for a Class “I73015” Liquor License
and the Application for Corporate Manager for Jose Ayala submitted by LA
CACITA, INC., dba “El Potrero” located at 5012 3rd Avenue, Suite 120 and
approve Resolution No. 2006-114.
5.
TABLE UNTIL JULY 25, 2006. Conduct a public hearing on the
Application for a Class “I72865” Liquor License and the Application for
Corporate Manager for Tri Nguyen submitted by MONGOLIAN GRILL OF OMAHA LLC, dba
“Mongolian Grill Restaurant” located at 5012 3rd Avenue, Suite 178 and approve
Resolution No. 2006-115.
6.
Conduct a public hearing on the Application submitted by Jeffrey Overturf (Applicant)
and Bob Wilson for PABO, LLC (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).
7.
Conduct a public hearing on the Application submitted by Richard Poston from
1733 Holding Company (Applicant and Owner) for Revised Planned District Development
Plan Approval for the construction of a storage facility on property zoned
“District C-3, General Commercial District” and described as Lot 4, Little USA
Addition, a subdivision of Buffalo County, Nebraska (5415 West Highway 30) and
approve Resolution No. 2006-116.
8.
Conduct a public hearing on the Application submitted by Dan Lindstrom from
Jacobsen, Orr, Nelson, Wright & Lindstrom (Applicant) for Huss Platte
Valley Auction, Inc. (Owner) for a Conditional Use Permit to temporarily pile
and store snow and manure on property zoned “District M-1, Limited Industrial
District” and described as part of Block 5 and part of Block 6 together with
all that portion of vacated 18th Street lying between Blocks 5 and 6 and part
of the east half of vacated 11th Avenue as the same abuts on the west side of
said Blocks 5 and 6, all in Kearney Land and Investment Company’s Choice
Addition to the City of Kearney, Buffalo County, Nebraska (west side of 10th
Avenue between 19th Street and 1702 10th Avenue).
IV
CONSENT AGENDA *
1.
Approve Minutes of Regular Meeting held June 27, 2006.
2.
Approve the Claims.
3.
Approve the recommendation from Administration on accepting the water and
sanitary sewer that serves Lot 1 of Block 7, Lighthouse Point, an addition to
the City of Kearney, Buffalo County, Nebraska (LaVista Condominiums at
Lighthouse Point) as constructed in accordance with the terms of the Developer
Constructed Infrastructure Agreement and approve Resolution No. 2006-117.
4.
Approve the recommendation from Administration on accepting the paving, storm
sewer, water and sanitary sewer that serves Lots 1 through 4 inclusive, Village
Plaza Addition; Lots 7 and 8 of Block 4, Kearney Plaza Second Subdivision; Lots
1 through 9 inclusive of Block 4, Kearney Plaza Third Addition; and Lots 11
through 19 of Block 2, Kearney Plaza Third Addition all in the City of Kearney,
Buffalo County, Nebraska (West LaPlatte Road west of Plaza Boulevard) as
constructed in accordance with the terms of the Developer Constructed
Infrastructure Agreement and approve Resolution No. 2006-118.
5.
Approve the recommendation from Administration on accepting the paving, storm
sewer, water and sanitary sewer that serve Eastbrooke Seventh Addition as
constructed in accordance with the terms of the Developer Constructed
Infrastructure Agreement and approve Resolution No. 2006-119.
6.
Approve the recommendation from Administration on accepting the paving, storm
sewer, water and sanitary sewer in 1st Avenue Place that serves Talmadge Center
Addition as constructed in accordance with the terms of the Developer
Constructed Infrastructure Agreement and approve Resolution No. 2006-120.
7.
Approve the Agreement with University of Nebraska at Kearney, in partnership
with the Downtown Improvement Board, to block off Central Avenue from 21st Street to 22nd Street on August 24, 2006 from 6:00 p.m. until 1:00 a.m. to conduct
“Destination Downtown”.
8.
Approve the application to extend Conditional Use Permit No. 1979-02 submitted
by Ruth Staley to locate a day care center located at 1210 East 30th Drive for
a period of one year.
*
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. 7276 – Create Paving Improvement District No. 2006-909 for 11th
Avenue from the south line of Rapp Addition south to its terminus in a
cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block
3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place
as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third.
2.
ORDINANCE NO. 7277 – Create Water District No. 2006-543 for 11th Avenue from
the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th
Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of
Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1
of Block 1 and Lot 1 of Block 2, Park View Estates Third.
3.
ORDINANCE NO. 7278 – Create Sewer District No. 2006-486 for 11th Avenue from
the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th
Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of
Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1
of Block 1 and Lot 1 of Block 2, Park View Estates Third.
4.
ORDINANCE NO. 7279 – Create Paving Improvement District No. 2006-910 for 17th Avenue from 14th Street south to 11th Street.
5.
ORDINANCE NO. 7280 – Create Water District No. 2006-544 for 17th Avenue from 14th Street south to 11th Street.
6.
ORDINANCE NO. 7281 – Create Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th Street.
7.
ORDINANCE NO. 7282 – Amend Section 9-1215 “Obstruction of Sidewalks, etc., with
Merchandise, etc.; Exception” of Article 12 “Streets and Sidewalks” of Chapter
9 “Public Works” of the Code of the City of Kearney to establish criteria for
considering the approval or denial of a Sidewalk Occupation Permit and to
designate the City Manager as the determining agent for the issuance of
Sidewalk Occupation Permits.
VI
REGULAR AGENDA
1.
TABLED JUNE 13, 27, 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 1)
2.
TABLED JUNE 13, 27, 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 1)
3.
ORDINANCE NO. 7283 – Grant a Conditional Use Permit to Jeffrey Overturf
(Applicant) and Bob Wilson for PABO, LLC (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 6)
4.
ORDINANCE NO. 7284 – Grant a Conditional Use Permit to Huss Platte Valley
Auction, Inc. (Applicant and Owner) to temporarily pile and store snow and
manure on property zoned “District M-1, Limited Industrial District” and
described as part of Blocks 5 and 6 together with all that portion of vacated
18th Street lying between Blocks 5 and 6 and part of the east half of vacated
11th Avenue as the same abuts on the west side of said Blocks 5 and 6, all in
Kearney Land and Investment Company’s Choice Addition to the City of Kearney,
Buffalo County, Nebraska (west side of 10th Avenue between 19th Street and 1702
10th Avenue). (Pertains to Public Hearing 8)
5.
Consider the appeal submitted by Brian Hergott (Applicant) for Buffalo County
(Owner) on the review and evaluation of site development features by
Administration as it pertains to landscaping requirements for property zoned
“District C-3, General Commercial District” and described as Lots 1473, 1474,
1475, 1494, 1495, 1496, Original Town of Kearney Junction now the City of
Kearney, Buffalo County, Nebraska (north and south of 15th Street west of 1st
Avenue).
6.
Consider the application submitted by ADAM DAAKE, dba “Platte Valley Brewery”
in connection with their Class L52385 and C61761 Liquor Licenses for an
addition of a beer garden to be located on the east side of the existing
premises located at 14 East Railroad Street.
7.
Open Account Claims: NPPD - $53,296.54; Fremont National Bank - $39,321.21
VII
REPORTS
VIII
ADJOURN
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
ADDENDUM NO. 1
IV CONSENT AGENDA
*
9. Approve
the Agreement with Flatland Repair and Customs Inc. to temporarily close Avenue
I from 25th Street south to 24th Street on July 15, 2006 from 5:00 p.m. until
11:00 p.m. for their annual show and shine bike and car show.
10. Approve
the application for a Special Designated License submitted by LEROY SMITH &
BARBARA YENDRA, dba "George Spencer Vineyard & Tasting Room" in
connection with their Class ID62962 liquor license to dispense beer and wine inside
a tent which will be enclosed by a 60 foot by 30 foot outside fenced area
located at the Great Platte River Road Archway Monument, 3060 1st Street, on August
11, 2006 from 7:00 p.m. until 9:30 p.m. for a dinner event subject to the City
receiving the required Certificate of Insurance.