KEARNEY CITY
COUNCIL
AGENDA
City Council
Chambers, 18 East 22nd Street
September 12, 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 Service Awards to Outgoing Board/Commission Members: Tim Weides, Advisory
Board of Cable Commissioners; Alan Jenkins, Advisory Board of Cable
Commissioners; Norris Marshall, Airport Advisory Board; John Rademacher, Board
of Adjustment; Gerald Dulitz, Civil Service Commission; Tanis Hall-Goedert,
Downtown Improvement Board; Andy Hanson, Golf Advisory Board; Elda Rodgers,
Golf Advisory Board; Mary Henning, Library Advisory Board; Lorin Downing, Planning
Commission.
Presentation
of Firefighter I Awards to Arron Adams and Mason Dendinger.
II UNFINISHED BUSINESS
None.
III PUBLIC HEARINGS
1. TABLED
AUGUST 8, 22, 2006 Conduct a public hearing on the proposed amendment to the
Land Use Map of the City of Kearney Comprehensive Development Plan from “Low
Density Residential” to “Medium Density Residential” property described as a
tract of land located on part of the Northeast Quarter of the Northwest Quarter
of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62
acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of
Country Club Lane) and approve Resolution No. 2006-135.
2. TABLED
AUGUST 8, 22, 2006 Conduct a public hearing on the Application submitted
by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney,
Ronald and Nancy Larsen, Trustees (Owner) to rezone from “District AG,
Agricultural District” and “District R-1, Urban Residential Single Family
District (Low Density)” to “District R-2, Urban Residential Multi Family
District (Medium Density)” property described as a tract of land located on
part of the Northeast Quarter of the Northwest Quarter of Section 34, Township
9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less,
Buffalo County, Nebraska; AND 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 located on part of the
Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North,
Range 16 West of the 6th P.M., containing 1.19 acres, more or less, Buffalo
County, Nebraska (north of 35th Street and west of Country Club Lane).
3. TABLED
AUGUST 8, 22, 2006 Conduct a public hearing on the Application submitted
by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney,
Ronald and Nancy Larsen, Trustees (Owner) for final plat and Subdivision
Agreement approval for “ASPEN MEADOWS” an addition to the City of Kearney,
Buffalo County, Nebraska for property described as a tract of land being
located on part of the Northeast Quarter of the Northwest Quarter of Section
34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres,
more or less, Buffalo County, Nebraska (north of 35th Street and west of
Country Club Lane) and approve Resolution No. 2006-136.
4. TABLED
AUGUST 8, 22, 2006 Conduct a public hearing on the Application submitted
by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney,
Ronald and Nancy Larsen, Trustees (Owner) for the inclusion into the City
limits of “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County,
Nebraska for property described as a tract of land being located on part of the
Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North,
Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo
County, Nebraska (north of 35th Street and west of Country Club Lane) and
approve Resolution No. 2006-137.
5. Conduct
a public hearing on the Application submitted by Gregg Johnson from Johnson
Imperial Home Co. (Applicant and Owner) to rezone from “District R-1, Urban
Residential Single Family District (Low Density)” to “District R-2, Urban
Residential Mixed Density District” property described as Lots 5 through 16,
inclusive, of Block 3, Windsor Estates Seventh Addition to the City of Kearney,
Buffalo County, Nebraska (east side of 6th Avenue and 47th Street Place).
6. Conduct
a public hearing on the Application submitted by Richard Stacy from Miller
& Associates (Applicant) and Dean Slingsby, Trustee of the Slingsby Family
Trust (Owner) to rezone from “District C‑2/ND-1, Community Commercial
District/Pioneer Park Neighborhood Conservation Overlay District” to “District
C-2, Community Commercial District” property described as the south 49 feet of
Lot 2, all of Lots 3, 4, 5, 6, 7, 8, 9, 10, and the south 49 feet of Lot 11,
all in Block 9, Kearney Land and Investment Company’s Second Addition to the
City of Kearney, Buffalo County, Nebraska, together with the vacated alley
located between said lots, excepting therefrom the west 92 feet of Lot 7 and
the west 92 feet of the south 30 feet of Lot 8 of Block 9 thereof (west of 14th
Avenue, east of 15th Avenue and north of 22nd Street).
7. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Terry L. Broadfoot (Owner) for final plat and
Subdivision Agreement approval for “AUSTIN ESTATES SECOND” a subdivision to
Buffalo County, Nebraska for property described as a tract of land being part
of the Southwest Quarter of the Northeast Quarter of Section 23, Township 9
North, Range 16 West of the 6th P.M., containing 6.61 acres, more or less,
Buffalo County, Nebraska (west of 610 West 66th Street Place) and approve Resolution
No. 2006-152.
8. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Stener and Frances Carlson (Owner) for final plat
approval for “CARLSON ADDITION” an addition to the City of Kearney, Buffalo
County, Nebraska for property described as a tract of land being part of the
Southwest Quarter of the Northwest Quarter of Section 12, Township 8 North,
Range 16 West of the 6th P.M., containing 5.10 acres, more or less, Buffalo
County, Nebraska (lying between Central Avenue and 2nd Avenue and north of 4th
Street) and approve Resolution No. 2006-153.
9. Conduct
a public hearing for the purpose of adopting the City of Kearney Budget for the
2006-2007 Fiscal Year.
10. Conduct
a public hearing for the purpose of adopting the City of Kearney Offstreet
Parking District No. 1 Budget for the 2006-2007 Fiscal Year.
11. Conduct
a public hearing for the purpose of setting the 2006 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.
2006-154.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held August 22, 2006.
2. Approve
the Claims.
3. Approve
Resolution No. 2006-155 allowing the City of Kearney to increase its “Budget
Authority” by an additional one percent or $79,491.91 which will be carried
over to the 2006-2007 budget as “Unused Budget Authority”.
4. Approve
the recommendation submitted by the Keno Committee on the allocation on
non-departmental keno funds designed for outside agencies.
5. Approve
the City of Kearney Annual Goals, Long Range Goals, and Capital Improvement
Plan.
6. Approve
the Kearney Public Library & Information Center Policy Manual and approve Resolution
No. 2006-156.
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 12, 2006 beginning at 5:00 p.m.
until 10:00 p.m. for their 10th Annual Candlelight Vigil.
8. Approve
Resolution No. 2006-157 declaring all future special assessments for certain
paving, water and sewer districts delinquent for the following properties: Lots
674, 675, 676, together with the vacated east 10 feet of Avenue B abutting said
lot on the west, all in Original Town of Kearney Junction, now the City of
Kearney, Nebraska; east half of the south half of Lot 1758, Original Town of
Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, together
with all of that portion of the vacated west 17 feet of Avenue F as the same
abuts the above described tract on the east; Lots 1, 2, 3, H-D-R 2nd Addition
to the City of Kearney, Buffalo County, Nebraska; Lot 974, Original Town of
Kearney Junction, now the City of Kearney, Buffalo County, Nebraska.
9. Approve
the bids received for Phase I of the Northwest Well Field Development –
Municipal Water Wells and approve Resolution No. 2006-158 awarding the bid to
Sargent Drilling Co. of Broken Bow, Nebraska in the amount of $2,364,294.50.
10. Accept
the report from the City Clerk on the insufficiency of objection/protest filed
in connection with Ordinance No. 7285 creating Paving Improvement District No.
2006-911, Ordinance No. 7286 creating Water District No. 2006-545 and Ordinance
No. 7287 creating Sewer District No. 2006-488 for 60th Street from 4th Avenue
to the west line of Block 3, Spruce Hollow Estates, an addition to the City of
Kearney.
11. Approve
the bids received for the 2006 Part IV Improvements consisting of paving Avenue
K from 13th Street to 14th Street, off-street parking at Nina Hammer Park, the
installation of sidewalks along the south and west sides of Nina Hammer Park,
installation of sidewalk along the north side of 11th Street from Avenue B to
Avenue M, and on the west side of Avenue M from 11th Street to 17th Street and
approve Resolution No. 2006-159 awarding the bid to Blessing, LLC in the amount
of $144,816.75.
12. Approve
the bids received for the 2006 Part V Improvements consisting of Paving Improvement
District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block
3, Spruce Hollow Estates; Water District No. 2006-545 for 60th Street from 4th
Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District
No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3,
Spruce Hollow Estates and approve Resolution No. 2006-160 awarding the bid to
Midlands Contracting, Inc. in the amount $84,100.00 for Bid A (water and sewer)
and to Blessing, LLC in the amount of $290,138.00 for Bid B (paving).
13. Approve
the bids received for the 2006 Part VI Improvements consisting of Paving
Improvement District No. 2006-912 for the alley lying west of 2nd Avenue from 22nd Street to 24th Street and approve Resolution No. 2006-161 awarding the
bid to Blessing, LLC in the amount of $125,243.50.
14. Approve
the application to extend Conditional Use Permit No. 1979-06 submitted by Susan Underhill to locate a day care facility at 2803 Avenue I for a period of one year.
15. 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 two tents (20’x40’ and 30’x60’) which will be enclosed by an outside
fence located at the Kearney Area Children’s Museum, 2005 1st Avenue, on September
30, 2006 from 4:00 p.m. until 10:00 p.m. for a fund raising event subject to
the City receiving the required Certificate of Insurance.
16. Approve
Application and Certificate for Payment No. 4 in the amount of $12,323.52
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. 2006-162.
17. Approve
Change Order No.1 showing a decrease in the amount of $2,807.61, Application
and Certificate for Payment No. 1-Final in the amount of $118,152.19, and the
Certificate of Substantial Completion submitted by Blessing, LLC and approved
by Miller & Associates for the 2006 Cemetery Paving Improvements and
approve Resolution No. 2006-163.
18. Approve
the request submitted by the University of Nebraska at Kearney to conduct a
Homecoming Parade on October 28, 2006 beginning at 10:00 a.m. The route will
commence on North Railroad Street and Central Avenue, north on Central Avenue to 27th Street, west on 27th Street to 9th Avenue. The staging area to be
blocked off beginning at 7:00 a.m. is Railroad Street from Avenue E to 5th
Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from
Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, 20th
Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd
Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad
Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street.
19. Approve
Resolution No. 2006-164 accepting the Corporation Warranty Deed from Platte
Valley State Bank & Trust Company with regard to Phase I of the 39th Street Improvement Project.
20. Approve
the request submitted by Victor and Rena Zapata in placing a fence on the front
side of 3112 4th Avenue and approve Resolution No. 2006-165.
* 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. 7292 – 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 10)
2. ORDINANCE
NO. 7293 – Repeal Ordinance No. 7214 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.
3. ORDINANCE
NO. 7294 – Amend Section 8-617 “Chemical Tests; Refusal; Penalties” of Article
6 “Operation of Vehicles” of Chapter 8 “Police” of the Kearney City Code to
correctly reflect the changes to coincide with the Nebraska Revised Statutes.
VI REGULAR AGENDA
1. ORDINANCE
NO. 7295 – Vacate Lot 3 of Block 1, J.N. Addition to the City of Kearney, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). (Pertains
to Public Hearing 2)
2. ORDINANCE
NO. 7296 – Rezone from “District AG, Agricultural District” and “District R-1,
Urban Residential Single Family District (Low Density)” to “District R-2,
Urban Residential Multi Family District (Medium Density)” property described as
a tract of land located on part of the Northeast Quarter of the Northwest Quarter
of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62
acres, more or less, Buffalo County, Nebraska; AND 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 located on part
of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9
North, Range 16 West of the 6th P.M., containing 1.19 acres, more or less,
Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). (Pertains
to Public Hearing 2)
3. ORDINANCE
NO. 7297 – Rezone from “District R-1, Urban Residential Single Family District
(Low Density)” to “District R-2/PD, Urban Residential Mixed Density District/Planned
Development Overlay District” property described as Lots 5 through 16,
inclusive, of Block 3, Windsor Estates Seventh Addition to the City of Kearney,
Buffalo County, Nebraska (east side of 6th Avenue and 47th Street Place). (Pertains
to Public Hearing 5)
4. ORDINANCE
NO. 7298 – Rezone from “District C‑2/ND-1, Community Commercial District/
Pioneer Park Neighborhood Conservation Overlay District” to “District C-2,
Community Commercial District” property described as the south 49 feet of Lot
2, all of Lots 3, 4, 5, 6, 7, 8, 9, 10, and the south 49 feet of Lot 11, all in
Block 9, Kearney Land and Investment Company’s Second Addition to the City of
Kearney, Buffalo County, Nebraska, together with the vacated alley located
between said lots, excepting therefrom the west 92 feet of Lot 7 and the west
92 feet of the south 30 feet of Lot 8 of Block 9 thereof (west of 14th Avenue,
east of 15th Avenue and north of 22nd Street). (Pertains to Public Hearing
6)
5. Consider
the application for addition submitted by SAN PEDRO INC., dba “San Pedro
Mexican Restaurant” in connection with their Class I-67018 liquor license
located at 3907 Central Avenue. The addition includes a 31 feet by 13 feet
outdoor seating area on the south side of the building.
6. Consider
the request for a variance submitted by R.W. Sorensen Construction on behalf of
Mount Carmel Nursing Home, 418 West 18th Street, on allowing angle parking
along 17th Street between 4th Avenue and 5th Avenue.
7. Open
Account Claims: NPPD - $31.58; Fremont National Bank - $37,905.75; Platte
Valley State Bank - $125.00; Stan Clouse - $133.84
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