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KEARNEY CITY COUNCIL

AGENDA

City Council Chambers, 18 East 22nd Street

March 27, 2007

7:00 p.m.

 

I  ROUTINE BUSINESS

 

1.         Invocation (President or Designee of KMA).

 

2.         Pledge of Allegiance – Boy Scouts from Troop 36.

 

3.         Announcement on Open Meetings Act.

 

4.         Roll call.

 

5.         Oral Communication - Recognition of visitors.

 

II  UNFINISHED BUSINESS

 

None.

 

III  PUBLIC HEARINGS

 

1.         TABLED MARCH 13, 2007.  Conduct a public hearing on the Application submitted by NE COLORADO, INC., dba “Viaero Wireless” (Applicant) and ZAN, LLC (Owner) for a Conditional Use Permit to construct and locate a retail store, 195-foot self-supporting telecommunications tower, backup generator, and a 9’x15’x8.5’ building to house supporting electronic hardware on property zoned “District C-2, Community Commercial District” and described as a tract of land being part of Lots 7 and 8 and part of the vacated street abutting Lot 8 on the west, all in Lincoln Way Villa Plots, an addition to the City of Kearney, Buffalo County, Nebraska (1920 West 24th Street).

 

IV  CONSENT AGENDA  *

 

1.         Approve Minutes of Regular Meeting held March 13, 2007.

 

2.         Approve the Claims.

 

3.         Receive recommendations of Planning Commission and set April 10, 2007 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the request submitted by the UNK Loper Programming and Activities Council to conduct the 5th Annual Fun 5K Race/Walk on April 21, 2007 beginning at 9:00 a.m. The route will begin at UNK Thomas Hall on campus, west on the sidewalk parallel with 25th Street, north on the sidewalk of Lots 14a parallel with 15th Avenue, east in the right lane of eastbound traffic on University Drive, south on the sidewalk parallel with 9th Avenue, west on the sidewalk parallel with 25th Street, north and east in the right lane of the eastbound traffic on University Drive (near softball fields), south into the northwest entrance to the UNK Football field.

 

5.         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 ID-62962 liquor license to dispense wine inside a tent which will be enclosed by metal panels with green plastic outside fenced area located in the parking lot located north of the Museum of Nebraska Art, 2401 Central Avenue, on May 5, 2007 from 10:00 a.m. until 10:00 p.m. for the Nebraska Wine & Jazz Festival subject to the City receiving the required Certificate of Insurance.

 

6.         Approve the application for a Special Designated License submitted by JOYCE SEARS, dba “Cedar Hills Vineyard & Gardens” in connection with its Class C-73472 liquor license to dispense wine inside a tent which will be enclosed by metal panels with green plastic outside fenced area located in the parking lot located north of the Museum of Nebraska Art, 2401 Central Avenue, on May 4, 2007 from 3:00 p.m. until 10:00 p.m. for the Nebraska Wine & Jazz Festival subject to the City receiving the required Certificate of Insurance.

 

7.         Approve the request submitted by the Kearney Police Department/Buffalo County Sheriff’s Office to temporarily block off Avenue B from North Railroad Street to 21st Street for the auto auction to be held on April 14, 2007 from 8:00 a.m. until 5:00 p.m.

 

8.         Accept the Warranty Deed granted to the City of Kearney by Arrowhead Village Condominium in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road 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. 2007-44.

 

9.         Accept the Warranty Deed granted to the City of Kearney by St. James Church in Kearney in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road 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. 2007-45.

 

10.        Approve Change Order No. 1 showing an increase in the amount of $10,884.84 and Application and Certificate for Payment No. 2 in the amount of $25,420.36 submitted by Blessing, LLC and approved by Miller & Associates for the 2006 Part V Improvements – Bid B consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates and approve Resolution No. 2007-46.

 

11.        Approve Change Order No. 2 showing an increase in the amount of $7,233.00 submitted by Kayton Electric and approved by Kirkham Michael Consulting Engineers in connection with the Kearney Lighting Project – Runway 13/31, Taxiway 'B', 'C', 'D', 'E', and 'F' (AIP Project: 3-31-0045-17) and approve Resolution No. 2007-47.

 

12.        Approve Application and Certificate for Payment No. 6 in the amount of $101,731.52 submitted by Sargent Irrigation, Inc. and approved by Miller & Associates for the Northwest Well Field Development – Phase I (Municipal Water Wells) and approve Resolution No. 2007-48.

 

13.        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 Chuckwagon Room at the Great Platte River Road Archway Monument, 3060 East 1st Avenue, on May 2, 2007 from 5:00 p.m. until 10:00 p.m. for the Nebraska Economic Developers Dinner.

 

14.        Approve the Agreement for Services between the City of Kearney, the County of Buffalo and the Economic Development Council of Buffalo County and approve Resolution No. 2007-41.

 

*           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.         TABLED MARCH 13, 2007.  ORDINANCE NO. 7330 – Grant a Conditional Use Permit to NE COLORADO, INC., dba “Viaero Wireless” (Applicant) and ZAN, LLC (Owner) to locate a retail store, 195-foot self-supporting telecommunications tower, backup generator, and a 9’x15’x8.5’ building to house supporting electronic hardware on property zoned “District C-2, Community Commercial District” and described as a tract of land being part of Lots 7 and 8 and part of the vacated street abutting Lot 8 on the west, all in Lincoln Way Villa Plots, an addition to the City of Kearney, Buffalo County, Nebraska (1920 West 24th Street). (Pertains to Public Hearing 1)

 

2.         TABLED FEBRUARY 13, 2007.  ORDINANCE NO. 7324 – Grant a non-exclusive franchise to Cable Nebraska, 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.

 

3.         ORDINANCE NO. 7333 – Amend Section 8-404 “Applicability to Semipublic, Privately Owned Premises” of Article 4 “Administration and Enforcement” of Chapter 8 “Police” to provide regulation and enforcement with regard to offenses committed upon public and privately owned parking lots, parking areas in shopping centers and similar semi-pubic or privately owned places within the limits of the City; to add a new section entitled Section 9-1235 “Handicapped Parking Stalls” to Article 12 “Streets and Sidewalks” of Chapter 9 “Public Works” to require property owners to erect and maintain within any parking lots whether privately owned or otherwise the number of handicapped parking stalls as required by the Uniform Traffic Code.

 

4.         ORDINANCE NO. 7334 – Amend the Kearney City Code as follows: to amend Section 4-301 “Fire Prevention Code; Adoption” to adopt the International Fire Code, 2006 Edition; to amend Section 4-301.1 “Purpose” to clarify the language; to add a new section entitled “International Fire Code; Amendments” to Article 3 “Fire Prevention Code” of Chapter 4 “Fire Regulations” to adopt amendments to the International Fire Code, 2006 Edition; to amend Section 4-303 “Fire Prevention Code; Open Burning” to delete the language pertaining to bonfires; to delete in its entirety Section 4-305 “Fire Prevention Code; Lumber Yards Restricted”; to delete in its entirety Section 4-307 “Fire Prevention Code; Key Box”; to amend Section 4-401 “Removal of Fire Damaged, Combustible Buildings; Required” of Article 4 “Removal of Fire Damaged Combustible Buildings” of Chapter 4 “Fire Regulations” to clarify the language and to define the penalty.

 

5.         Consider the request submitted by Kearney Gaming, LLC to operate the keno-type lottery on behalf of the City of Kearney at Jersey’s Sports Bar & Grill located at 5012 3rd Avenue and approve Resolution No. 2007-49.

 

6.         Open Account Claims:  NPPD - $49,867.76, Platte Valley State Bank - $40,950.11

 

VII  REPORTS

 

VIII  ADJOURN

 

 

Mayor Stanley A. Clouse

4907 Linden Drive Place

236-6193 home

238-5210 office

mayor@kearneygov.org

 

Vice-President Randy Buschkoetter

1110 13th Avenue

234-5553 home  

698-8106 office

citycouncil@kearneygov.org

Council Member Don Kearney

701 Huron Drive

237-3225 home  

236-5411 office

citycouncil@kearneygov.org

Council Member Bruce Lear

4803 Avenue L Place

234-5354 home

234-2424 office

citycouncil@kearneygov.org

Council Member Bob Lammers

8 Crestview Place

236-5273 home

234-2577 office

citycouncil@kearneygov.org

City Manager Michael W. Morgan

18 East 22nd Street

233-3214 office

mmorgan@kearneygov.org

 

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