KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
November 14, 2006
7:00 p.m.
I ROUTINE BUSINESS
1. Invocation
(President or Designee of KMA)
Reverend
David McDonald, Crossroads Church.
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. Conduct
a public hearing on the Application for a Class C-74704 Liquor License
submitted by OFFICE SPACE INC., dba “Lumbergs” located at 14 East 21st Street,
approve the application for Corporate Manager of Scott Bauer, and approve Resolution
No. 2006-196.
2. 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 “Light
Industrial” property described as Lots 1, 2, 3, Park Place Addition to the City
of Kearney, Buffalo County, Nebraska (1/2 block east of Avenue K and 18th
Street intersection on south side of 18th Street) and approve Resolution No.
2006-197.
3. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for GLINVEST CO., LLC (Owner) to rezone from “District
R-2, Urban Residential Mixed Density District” to “District M-1, Limited
Industrial District” property described as 1, 2, 3, Park Place Addition to the
City of Kearney, Buffalo County, Nebraska (1/2 block east of Avenue K and 18th
Street intersection on south side of 18th Street).
4. Conduct
a public hearing on the Application submitted by Cable Nebraska, L.L.C.
(Applicant) and Christian and Karyn Hilliard (Owner) for a Conditional Use
Permit to locate communication buildings for operations of fiber optic data
networks on property zoned “District C-O/PD, Office/Planned Development Overlay
District” and described as a tract of land being part of Lot 1, Patriot
Addition, an addition to the City of Kearney, Buffalo County, Nebraska (39th
Street and 28th Avenue).
5. Conduct
a public hearing on the Application submitted by Dan Kriha for Auto Glass
Center (Applicant) for C-K-C Inc. (Owner) to rezone from “District UC, Mixed
Use Urban Corridor District” to “District CBD, Kearney Center Mixed Use
District” property described as Lots 84 and 85, Southwest Quarter School
Section Addition and Lot 3, Perkins and Harford’s Strip Addition, all in the
City of Kearney, Buffalo County, Nebraska (121 West 25th Street).
6. Conduct
a public hearing on the Application submitted by Paulsen, Inc. (Applicant) for
Linda Blakely on behalf of KEI Building, LLC (Owner) for Revised Planned
District Development Plan Approval for the construction of a medical office
facility on property zoned “District C-2/PD, Community Commercial
District/Planned Development Overlay District” and described as Lot 3, Windsor
Estates Eighth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska (411 West 39th Street) and approve Resolution No. 2006-198.
7. TABLE
UNTIL NOVEMBER 28, 2006. Conduct a public hearing on the Application submitted
by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron,
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 Government Lot 3 and part of Government Lot 4,
and part of the East Half of the Southwest Quarter all located in Section 19,
Township 9 North, Range 15 West of the 6th P.M., containing 27.59 acres, more
or less, Buffalo County, Nebraska AND to “District R-2, Urban Residential
Mixed-Density District” property described as a tract of land being part of the
East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15
West of the 6th P.M., containing 11.76 acres, more or less, Buffalo County,
Nebraska (north of 56th Street and east of Avenue Q).
8. TABLE
UNTIL NOVEMBER 28, 2006. Conduct a public hearing on the Application submitted
by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron,
Inc. (Owner) for final plat and Subdivision Agreement approval for “EASTBROOKE
EIGHTH” an addition to the City of Kearney, Buffalo County, Nebraska for property
described as a tract of land being part of Government Lot 3 and part of
Government Lot 4, and part of the East Half of the Southwest Quarter all
located in Section 19, Township 9 North, Range 15 West of the 6th P.M.,
containing 39.35 acres, more or less, Buffalo County, Nebraska (north of 56th
Street and east of Avenue Q) and approve Resolution No. 2006-199.
9. TABLE
UNTIL NOVEMBER 28, 2006. Conduct a public hearing on the Application submitted
by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron,
Inc. (Owner) for the inclusion into the City limits of “EASTBROOKE EIGHTH” an
addition to the City of Kearney, Buffalo County, Nebraska for property
described as a tract of land being part of Government Lot 3 and part of
Government Lot 4, and part of the East Half of the Southwest Quarter all
located in Section 19, Township 9 North, Range 15 West of the 6th P.M.,
containing 39.35 acres, more or less, Buffalo County, Nebraska (north of 56th
Street and east of Avenue Q) and approve Resolution No. 2006-200.
10. Conduct
a public hearing on the Application submitted by Craig Bennett from Miller
& Associates (Applicant) for James Gregory Brandt, Sr. and Tamara S. Brandt
(Owner) for final plat approval for “BRANDT’S HILLSIDE ESTATES” an addition to
the City of Kearney, Buffalo County, Nebraska for property described as Lot 1
(to be vacated), Camelot Fourth Addition, an addition to the City of Kearney,
Buffalo County, Nebraska (north of 35th Street and east of extended Country
Club Lane) and approve Resolution No. 2006-201.
11. Conduct
a public hearing on the proposed amendment to Table 49-5 “Off-Street Stacking
Requirements” of Section 49-109 “Stacking Requirements for Drive-Through
Services” of Chapter 49 “Off-Street Parking” of the Unified Land Development
Ordinance, a part of the Code of the City of Kearney to establish vehicular
stacking requirements for drive through services.
12. Conduct
a public hearing on the proposed acquisition for sanitary sewer easement
purposes of the following tracts of land: Permanent Easement for a tract of
land located in part of the Southeast Quarter of the Northeast Quarter of
Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County,
Nebraska, more particularly described as follows: referring to the northeast
corner of said Section 32; thence southerly along the east line of said
Northeast Quarter a distance of 1738.8 feet; thence westerly perpendicular to
said east line a distance of 65.0 feet to the point of beginning of a 20-foot
wide tract to be used for sanitary sewer facilities; thence continuing westerly
perpendicular to said east line a distance of 20.0 feet; thence southerly and
parallel with said east line a distance of 332.70 feet to the north line of
Highway No. 30 per Right-of-Way Agreement Inst. 95 #249 as recorded in the
office of the Register of Deeds, Buffalo County, Nebraska; thence northeasterly
along said north line a distance of 20.89 feet; thence northerly parallel with
said east line a distance of 326.67 feet to the point of beginning, containing
0.15 acres, more or less, all in Buffalo County, Nebraska AND a Temporary
Construction Easement for a tract of land located in part of the Southeast
Quarter of the Northeast Quarter of Section 32, Township 9 North, Range 15 West
of the 6th P.M., Buffalo County, Nebraska, more particularly described as
follows: referring to the northeast corner of said Section 32; thence southerly
along the east line of said Northeast Quarter a distance of 1738.8 feet; thence
westerly perpendicular to said east line a distance of 85.0 feet to the point
of beginning of a 40-foot wide tract to be used for construction of sanitary
sewer facilities; thence continuing westerly perpendicular to said east line a
distance of 40.0 feet; thence southerly and parallel with said east line a
distance of 344.76 feet to the north line of Highway No. 30 per Right-of-Way
Agreement Inst. 95 #249 as recorded in the office of the Register of Deeds,
Buffalo County, Nebraska; thence northeasterly along said north line a distance
of 41.78 feet; thence northerly parallel with said east line a distance of
332.70 feet to the point of beginning, containing 0.31 acres, more or less, all
in Buffalo County, Nebraska (west side of Cherry Avenue from Highway 30 north
to the City’s sanitary sewer lift station) and approve Resolution No. 2006-202.
13. Conduct
a public hearing on the proposed acquisition for sanitary sewer and water
easement purposes of the following tracts of land: Permanent Water Easement for
the south 20 feet of Lot 2, Block 1 and the south 20 feet of the west 140 feet
of Lot 1, Block 1, North Acre Sixth Addition to the City of Kearney, Buffalo
County, Nebraska AND a Permanent Sanitary Sewer Easement for the south 20 feet
of the north 40 feet of Lot 2, Block 1 and the south 20 feet of the north 40
feet of the west 75 feet of the west 140 feet of Lot 1, Block 1, North Acre Sixth
Addition to the City of Kearney, Buffalo County, Nebraska (half block north of
60th Street on the east side of 4th Avenue) and approve Resolution No.
2006-203.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held October 24, 2006.
2. Approve
the Claims.
3. Approve
the request submitted by the Downtown Improvement Board as follows: (1) place
Santa’s house in front of Nelson’s Furniture, 2109 Central Avenue from November
16, 2006 until December 29, 2006; (2) place the Christmas tree at the intersection
of 22nd Street and Central Avenue from November 16 through December 31, 2006;
(3) hang garland and lights on Central Avenue light poles from November 16 through
December 31, 2006; (4) block off three parking stalls in front of the Old
Saltbox, 2201 Central Avenue for Santa’s reindeer and sleigh on November 30
2006 from 4:00 p.m. until 9:00 p.m.; (5) block off three parking stalls in
front of Time for Baby, 2123 Central Avenue to sell popcorn on November 30,
2006 from 4:00 p.m. until 9:00 p.m.
4. Approve
the bids received for the purchase of software, hardware, and implementation
services for an automated wastewater treatment plant control system and approve
Resolution No. 2006-204 awarding the bid to Technical Maintenance and Service
Company in the amount of $112,815.00.
5. Approve
the application for a Special Designated License submitted by KEARNEY BBQ CO.,
dba “Skeeter Barnes” in connection with their Class I-55865 liquor license to
dispense beer, wine and distilled spirits at Scorr Marketing, 2201 Central
Avenue, Suite A, on December 7, 2006 from 5:00 p.m. until 9:00 p.m. for a
business Christmas party.
6. Approve
the application for a Special Designated License submitted by the Kearney
Volunteer Fire Department to dispense beer, wine and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 1300 East 34th Street, on
December 9, 2006 from 6:00 p.m. until 1:00 a.m. for their annual dance event.
7. Approve
the bids received for the construction of the 2006 Part IX Improvements
consisting of Paving Improvement District No. 2006-913 and Water District No.
2006-546 for Country Club Lane from 35th Street north to the north lot line of
Lot 1 of Block 1, Aspen Meadows and approve Resolution No. 2006-205.
8. Approve
the Developer Constructed Infrastructure Agreement between the City of Kearney
and L & P Investments for paving, water and sewer in 4th Avenue for the
west 140 feet of Lot 1 and all of Lot 2, Block 1, and Lot 1, Block 2, all in North
Acre Sixth Addition and approve Resolution No. 2006-206.
9. Approve
the Developer Construction Infrastructure Agreement between the City of Kearney and Twin Falls LLC for paving, water and sewer for Lots 1 through 14 of Block 1
and Lots 5 through 10 of Block 2, Aspen Meadows and approve Resolution No.
2006-207.
10. Approve
the bids received for the purchase of Refuse Containers for the Sanitation
Division of Utilities and award the bid to Otto Environmental Systems in the
amount of $63,291.00.
11. Approve
Change Order No. 1 showing a decrease in the amount of $746.95, Application and
Certificate for Payment No. 2 in the amount of $107,527.50, and the Certificate
of Substantial Completion submitted by Blessing, LLC and approved by Miller
& Associates 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. 2006-208.
12. Approve
Change Order No. 1 showing an increase in the amount of $5,875.00 submitted by
Midlands Contracting, Inc. and approved by Miller & Associates for the 2006
Part III Improvements – Bid A consisting of 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;
Water District No. 2006-544 for 17th Avenue from 14th Street south to 11th
Street; 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; Sewer District No. 2006-487 for 17th Avenue
from 14th Street south to 11th Street and approve Resolution No. 2006-209.
13. Approve
the Technical and Professional Services Contract between the City of Kearney and Miller & Associates for CDBG Application #06TD001 for grant administration
services and approve Resolution No. 2006-210.
14. Approve
the application for a Special Designated License submitted by ALLEY ROSE, INC.
OF KEARNEY, NE., dba “Alley Rose” in connection with their Class IK-21763
liquor license to dispense beer, wine and distilled spirits in the Great Platte
River Road Archway Monument, 3060 1st Street, on December 2, 2006 from 6:30
p.m. until 12:00 a.m. for the Good Samaritan Christmas Party.
15. Reject
the bids received for the construction of the Harvey Park Tennis Courts.
16. Approve
the application for a Special Designated License submitted by NIGHT LIFE
CONCEPTS, INC., dba “Cunningham’s Journal” in connection with their Class
CK-59311 liquor license to dispense beer, wine and distilled spirits in the
Exposition Building at the Buffalo County Fairgrounds, 3807 Avenue N, on
December 15 and 16, 2006 from 8:00 a.m. until 1:00 a.m. each day for the
professional bull riding event.
* 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. ORDINANCE
NO. 7306 – Rezone from “District R-2, Urban Residential Mixed Density District”
to “District M-1, Limited Industrial District” property described as Lots 1, 2,
3, Park Place Addition to the City of Kearney, Buffalo County, Nebraska,
together with the vacated west half of Avenue L abutting said lots on the east,
together with the vacated south 10 feet of 18th Street abutting said Lot 1 on
the north and abutting the vacated west half of Avenue L on the north, and together
with the vacated east half of the alley abutting said lots on the west and
abutting the vacated south 10 feet of 18th Street on the west (1/2 block east
of Avenue K and 18th Street intersection on south side of 18th Street). (Pertains
to Public Hearing 3)
2. ORDINANCE
NO. 7307 – Grant a Conditional Use Permit to Cable Nebraska, L.L.C. (Applicant)
and Christian and Karyn Hilliard (Owner) to locate communication buildings for
operations of fiber optic data networks on property zoned “District C-O/PD,
Office/Planned Development Overlay District” and described as a tract of land
being part of Lot 1, Patriot Addition, an addition to the City of Kearney,
Buffalo County, Nebraska (39th Street and 28th Avenue). (Pertains to Public
Hearing 4)
3. ORDINANCE
NO. 7308 – Rezone from “District UC, Mixed Use Urban Corridor District” to
“District CBD, Kearney Center Mixed Use District” property described as Lots 84
and 85, Southwest Quarter School Section Addition and Lot 3, Perkins and
Harford’s Strip Addition, all in the City of Kearney, Buffalo County, Nebraska
(121 West 25th Street). (Pertains to Public Hearing 5)
4. TABLE
UNTIL NOVEMBER 28, 2006. ORDINANCE NO. 7309 – 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
Government Lot 3 and part of Government Lot 4, and part of the East Half of the
Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of
the 6th P.M., containing 27.59 acres, more or less, Buffalo County, Nebraska
AND to “District R-2, Urban Residential Mixed-Density District” property
described as a tract of land being part of the East Half of the Southwest
Quarter of Section 19, Township 9
North,
Range 15 West of the 6th P.M., containing 11.76 acres, more or less, Buffalo County, Nebraska (north of 56th Street and east of Avenue Q). (Pertains to
Public Hearing 7)
5. ORDINANCE
NO. 7310 – Vacate Lot 1, Camelot Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 35th Street and east of extended Country Club Lane). (Pertains to Public Hearing 10)
6. ORDINANCE
NO. 7311 – Amend Table 49-5 “Off-Street Stacking Requirements” of Section
49-109 “Stacking Requirements for Drive-Through Services” of Chapter 49
“Off-Street Parking” of the Unified Land Development Ordinance, a part of the
Code of the City of Kearney to establish vehicular stacking requirements for
drive through services. (Pertains to Public Hearing 11)
7. Consider
the bids received for the construction of the Harmon Park Activity Center and approve Resolution No. 2006-211 awarding the bid to Hausmann Construction from Lincoln, Nebraska in the amount of $1,644,000.00.
8. Open
Account Claims: NPPD - $100.21; Fremont National Bank - $79,772.64; Platte
Valley State Bank - $150.00; School District #7 - $7,547.18.
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