KEARNEY CITY
COUNCIL
AGENDA
City Council
Chambers, 18 East 22nd Street
February 13, 2007
7:00 p.m.
I ROUTINE BUSINESS
1. Invocation
(President or Designee of KMA); Father Torpey, St. James Catholic 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 proposed amendment to the Land Use Map of the City of
Kearney Comprehensive Development Plan from “Low Density Residential” to “Rural
Estates” property described as the south 525.0 feet of the east 913.0 feet of
the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North,
Range 16 West of the 6th P.M., containing 11.0 acres, more or less, of which
0.40 acres, more or less, are presently being used for road purposes on the
east side, all in Buffalo County, Nebraska (north of 56th Street and west of 17th
Avenue) and approve Resolution No. 2007-19.
2. Conduct
a public hearing on the Application submitted by Brad Dush (Applicant) and
Keith and Janice Kuebler (Owner) to rezone from “District AG, Agricultural
District” to “District RR-1, Rural Residential District (Rural Standards)”
property described as the south 525.0 feet of the east 913.0 feet of the
Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North,
Range 16 West of the 6th P.M., containing 11.0 acres, more or less, of which
0.40 acres, more or less, are presently being used for road purposes on the
east side, all in Buffalo County, Nebraska (north of 56th Street and west of 17th
Avenue).
3. Conduct
a public hearing on the redevelopment project for Redevelopment Area #8 for an
area described as follows: a tract of land being a part of Government Lot 4 and
accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
assuming the east line of said Section 11, Township 8 North, Range 16 West as
bearing north and all bearings contained herein are relative thereto; referring
the East Quarter corner of said Section 11; thence south on the east line of
said Section 11 a distance of 312.45 feet; thence S89°45’W a distance of 57
feet to the ACTUAL PLACE OF BEGINNING; thence continuing on the last described
course a distance of 196.96 feet; thence S88°30’W a distance of 816.5 feet to a
¾” gas pipe on the existing northerly high bank of the North Channel of the
Platte River; thence downstream along the sinuosities of said northerly high
bank S34°19’E a distance of 145.3 feet; thence S11°57’E a distance of 93.7
feet; thence S38°55’E a distance of 63.4 feet; thence S54°49’E a distance of
79.5 feet; thence S73°02’E a distance of 95.5 feet; thence S78°11’E a distance
of 89.6 feet; thence S67°45’E a distance of 235.0 feet; thence N69°22’E a
distance of 86.1 feet; thence N75°07’E a distance of 143.45 feet; thence
N74°50’E a distance of 198.24 feet to a point, said point being 57 feet west of
the east line of said Section 11; thence north a distance of 345.2 feet to the
place of beginning, containing 8.05 acres, more or less, all in Buffalo County,
Nebraska (300 3rd Avenue) and approve Resolution No. 2007-20.
4. Conduct
a public hearing on the Capital Improvement Plan for the City of Kearney,
Nebraska.
5. Conduct
a public hearing on the One and Six Year Street Improvement Plan and approve Resolution
No. 2007-21.
IV CONSENT AGENDA *
1. Approve
Minutes of Study Session held January 16, 2007 and Minutes of Regular Meeting
held January 23, 2007.
2. Approve
the Claims.
3. Reject
the bid received for the Elevated Sort Line for the Kearney Area Recycling
Center.
4. Approve
the application to extend Conditional Use Permit No. 2000-11 submitted by Robbi
Kirk to locate a day care facility at 1411 East 33rd Drive for a period of one
year.
5. Authorize
the City Attorney to recover costs and expenses accrued for removing weeds on
the following described property and to enforce the collection by civil action
in any court of competent jurisdiction: Lot 175, Original Town of Kearney
Junction; Lot 1559, Original Town of Kearney Junction; Lot 2 of Block 6,
Kearney Land & Investment Company’s 1st Addition; Lot 7, East Lawn Third Addition;
Lot 5, Margie Second Addition all in the City of Kearney and approve Resolution
No. 2007-22.
6. Approve
the application for a Special Designated License submitted by KEARNEY STEAK
COMPANY, dba “Whiskey Creek” in connection with their Class I/K-35628 catering
liquor license to dispense beer, wine and distilled spirits in the UNK Alumni
House, 2222 9th Avenue, on March 2, 2007 from 7:00 p.m. until 1:00 a.m. for a
Phi Kappa Alpha 20th Anniversary.
7. Approve
the application for a Special Designated License submitted by the Museum of
Nebraska Art to dispense beer and wine in the Museum located at 2401 Central
Avenue on March 30, 2007 from 7:00 p.m. until 10:00 p.m. and on March 31, 2007
from 10:30 a.m. until 1:00 p.m. for Cranes on Parade/Migration Celebration.
8. Approve
the application for a Special Designated License submitted by CHICKEN BONES OF
KEARNEY, INC., dba “Chicken Coop Sports Bar & Grill in connection with
their Class I-54354 liquor license to dispense beer and distilled spirits in
the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue
N on March 9 and 10, 2007 from 12:00 p.m. until 1:00 a.m. and on March 11, 2007
from 12:00 p.m. until 12:00 a.m. for a bull show and auction.
* 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. 7323 – Rezone from “District AG, Agricultural District” to “District RR-1,
Rural Residential District (Rural Standards)” property described as the south
525.0 feet of the east 913.0 feet of the Southeast Quarter of the Northeast
Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M.,
containing 11.0 acres, more or less, of which 0.40 acres, more or less, are
presently being used for road purposes on the east side, all in Buffalo County,
Nebraska (north of 56th Street and west of 17th Avenue). (Pertains to
Public Hearing 2)
2. Consider
the application for an addition to premise submitted by JCB ENTERPRISES, INC.,
dba “Bill’s Liquor West” in connection with their Class D-22849 liquor license located
at 1214 West 24th Street.
3. Consider
the bids received for the construction of the Dryden Park Restrooms/Concession
Building and approve Resolution No. 2007-23 awarding the bid to Central
Contracting Corp. in the amount of $114,980.00.
4. Consider
the bid received for wood waste grinding services at the Kearney Area Solid
Waste Agency Landfill and at various stockpiles of storm damaged tree waste
within the City and award the bid to Hofeling Enterprises from Lincoln,
Nebraska.
5. ORDINANCE
NO. 7324 – Grant a non-exclusive franchise to Nebraska Cable, LLC to install,
operate, maintain or otherwise locate telecommunication facilities in the
public way within the City on certain poles that are maintained as part of
Kearney’s electrical system with Nebraska Public Power District.
6. ORDINANCE
NO. 7325 – Amend the Code of the City of Kearney by deleting in its entirety
Section 3-1829 “Schedule; Telephone Companies” of Article 18 “Occupation,
Business and Other Taxes” of Chapter 3 “Business Regulations”; to amend Section
3-2001 “Telephone Companies; Levied; Amount” of Article 20 “Telephone
Companies” of Chapter 3 “Business Regulations” to delete the reference of
telephone companies and replace it with telecommunication services companies;
to levy an occupation tax resulting from any toll services and charges on basic
local exchange services; inter-exchange services; mobile services; and any
other similar telecommunication services and to provide provisions that gross
receipts shall not include any toll services and charges for interstate
telecommunications for local carrier access charges, transmission facility and
switching services provided to telecommunications companies, and from certain
governmental entities; to delete in its entirety Section 3-2002 “Exceptions” of
Article 20 “Telephone Companies” of Chapter 3 “Business Regulations”; to amend
Section 3-2006 “Quarterly Report of Gross Receipts” of Article 20 “Telephone
Companies” of Chapter 3 “Business Regulations” to delete the reference of
telephone companies and replace it with telecommunication services companies;
to amend Section 3-2008 “Inspection of Records” of Article 20 “Telephone
Companies” of Chapter 3 “Business Regulations” to delete the reference of
telephone companies and replace it with telecommunication services companies;
to amend Section 3-2009 “Presumption of Amount Due” of Article 20 “Telephone
Companies” of Chapter 3 “Business Regulations” to delete the reference of
telephone companies and replace it with telecommunication services companies;
to amend Section 3-2010 “Right of City to Sue, Etc., When Payment in Default”
of Article 20 “Telephone Companies” of Chapter 3 “Business Regulations” to delete
the reference of telephone companies and replace it with telecommunication
services companies.
7. ORDINANCE
NO. 7326 – Amend the Code of the City of Kearney by adding a new Article 14
entitled "Building Advisory Board" to Chapter 9 "Public
Works"; to create a Building Advisory Board to study all uniform codes and
local ordinances adopted by the City regarding the residential and commercial
building industry; makes recommendations to the City Council regarding any
updating of the City Building Codes; hears appeals regarding construction code
interpretations of the Building Official; and makes recommendation for
implementation of rules and regulations regarding the examination and licensure
of tradesmen.
8. ORDINANCE
NO. 7327 – Amend the following sections of Chapter 9 “Public Works” of the Code
of the City of Kearney: to amend Section 9-204 “Advisory Note” of Article 2
“Building Code Generally” to adopt the International Residential Code, 2006
Edition and the International Building Code, 2006 Edition; to amend Section
9-210 “International Building Code; Adoption” of Article 2 “Building Code
Generally” to adopt the International Residential Code, 2006 Edition and the
International Building Code, 2006 Edition; to amend Section 9-211
“International Property Maintenance Code; Adopted” of Article 2 “Building Code
Generally” to adopt the International Property Maintenance Code, 2006 Edition;
to amend Section 9-302 “International Residential Code; Amendments” of Article
3 “Amendments” to adopt and make amendments to the International Residential
Code, Amendments, 2006 Edition; to amend Section 9-801 “International Property
Maintenance Code; Adopted” of Article 8 “Housing” to adopt the International
Property Maintenance Code, 2006 Edition; to renumber Section 9-819 “Penalty for
Violation” to Section 9-820 of Article 8 “Housing”; to add a new Section 9-819
“Section 605.2 Amended; Receptacles” of Article 8 “Housing” to adopt the
International Property Maintenance Code, 2006 Edition; to renumber Section
9-820 “Purpose” to Section 9-840; to renumber Section 9-821 “Definitions” to
Section 9-841; to renumber Section 9-822 “Unlawful Acts” to Section 9-842; to
renumber Section 9-823 “Handicapped Person; Discriminatory Practices Prohibited
and Construction Standards” to Section 9-843; to renumber Section 9-824
“Transaction Related to Residential Real Estate; Discriminatory Practices
Prohibited” to Section 9-844; to renumber Section 9-825 “Multiple Listing
Service; Other Service; Discriminatory Practices Prohibited” to Section 9-845;
to renumber Section 9-826 “Religious Organization, Private Home; Private Club
or Housing for Older Persons; Restricting Use Not Prohibited” to Section 9-846;
to renumber Section 9-827 “Information” to Section 9-847; to amend Section
9-909 “Limitation on Number of Occupants” of Article 9 “Manufactured Homes” to
adopt the International Building Code, 2006 Edition; to amend Section 9-912
“Duties of Owner, Manager and Licensee Generally” of Article 9 “Manufactured
Homes” to adopt the International Building Code, 2006 Edition and the
International Property Maintenance Code, 2006 Edition.
9. Open
Account Claims: NPPD - $246.59, Platte Valley State Bank - $43,113.87, School
District #7 - $1,290.85.
VII REPORTS
1. Update
from Mayor Clouse on Smoking Policy.
2. Mayor
Clouse to report on the televising of Planning Commission Meetings.
3. Staff
Report by Amber Brown – Legislative Updates.
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