KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
April 10, 2007
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 submitted by Paul Brungardt from Brungardt
Engineering (Applicant) for Norman Dean Smith (Owner) to rezone from “District
R-3, Urban Residential Multi-Family District” to “District R-3/PD, Urban
Residential Multi-Family District/Planned Development Overlay District”
property described as Lot 8, Country Club Plaza Subdivision to the City of
Kearney, Buffalo County, Nebraska (1815 University Drive).
2. Conduct
a public hearing on the Application submitted by Paul Brungardt from Brungardt
Engineering (Applicant) for Norman
Dean Smith as Trustee of The Norman Dean Smith 1990 Trust (Owner) for
Planned District Development Plan Approval for the construction of town homes
on property zoned “District R-3/PD, Urban Residential Multi-Family District/Planned
Development Overlay District” and described as Lot 8, Country Club Plaza
Subdivision to the City of Kearney, Buffalo County, Nebraska (1815 University
Drive) and approve Resolution No. 2007-50.
3. Conduct
a public hearing on the Application submitted by Paul Brungardt from Brungardt
Engineering (Applicant) for V‑100, LLC (Owner) for Revised Planned
District Development Plan Approval for the construction of surface parking
expansion for a commercial facility on property zoned “District C‑2/PD,
Community Commercial District/Planned Development Overlay District” and
described as Lot 1 of Block 2, Sorensen Park Fourth Addition, an addition to
the City of Kearney, Buffalo County, Nebraska (5012 3rd Avenue) and approve Resolution
No. 2007-51.
4. Conduct
a public hearing on the Application submitted by Kent Cordes from Miller &
Associates (Applicant) for D.T. Development, Inc. (Owner) to rezone from
“District AG, Agricultural District” to “District R-1, Urban Residential
Single-Family District (Low Density) District” property described as a tract of
land being part of the Southeast Quarter of Section 23, Township 9 North, Range
16 West of the 6th P.M., containing 13.91 acres, more or less, Buffalo County,
Nebraska (south of 60th Street and east of 17th Avenue).
5. Conduct
a public hearing on the Application submitted by Kent Cordes from Miller &
Associates (Applicant) for D.T. Development, Inc. (Owner) for final plat and
Subdivision Agreement approval for “SPRUCE HOLLOW ESTATES SECOND” an addition
to the City of Kearney, Buffalo County, Nebraska for property described as
Blocks 2, 3, 4, Outlot “A”, Outlot “C”, 6th Avenue and 59th Street Place all in
Spruce Hollow Estates, an addition to the City of Kearney (to be vacated) AND a
tract of land being part of the Southeast Quarter of Section 23, Township 9
North, Range 16 West of the 6th P.M., containing 24.04 acres, more or less, all
located in Buffalo County, Nebraska (south of 60th Street and east of 17th
Avenue) and approve Resolution No. 2007-52.
6. Conduct
a public hearing on the Application submitted by Kent Cordes from Miller &
Associates (Applicant) for D.T. Development, Inc. (Owner) for the inclusion
into the City limits of “SPRUCE HOLLOW ESTATES SECOND” an addition to the City
of Kearney, Buffalo County, Nebraska for property described as a tract of land
being part of the Southeast Quarter of Section 23, Township 9 North, Range 16
West of the 6th P.M., containing 13.91 acres, more or less, Buffalo County,
Nebraska (south of 60th Street and east of 17th Avenue) and approve Resolution
No. 2007-53.
7. Conduct
a public hearing on the Application submitted by Terry Clauff for Kearney Mall
Associates (Applicant and Owner) for Planned District Development Plan Approval
for the construction of a movie theater complex on property zoned “District
C-2/PD, Community Commercial District/Planned Development Overlay District and
described as Lot 1 of Block 2, Imperial Village Seventh Addition, an addition
to the City of Kearney, Buffalo County, Nebraska (5011 2nd Avenue, Suite 56)
and approve Resolution No. 2007-54.
8. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Ess of Kay, Inc. (Owner) for final plat and
Subdivision Agreement approval for “ESS OF KAY ADDITION” an addition to the
City of Kearney, Buffalo County, Nebraska for property described as 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., containing 8.05 acres, more or
less, Buffalo County, Nebraska (300 3rd Avenue) and approve Resolution No.
2007-55.
9. Conduct
a public hearing on the Application submitted by Trenton Snow (Applicant) for
Glenn Epley (Owner) for final plat approval for “NEW COTTAGE ADDITION” an
addition to the City of Kearney, Buffalo County, Nebraska for property
described as Lots 1, 2, 3, 72, 73, 74, 75, 76, 77, 146, 147, 148, Cottage
Addition to the City of Kearney, a portion of 16th Street (to be vacated), a
portion of Avenue N (to be vacated), and a portion of Avenue O (to be vacated),
all located in Buffalo County, Nebraska (north of 16th Street between Avenue M
and Avenue O) and approve Resolution No. 2007-56.
10. Conduct
a public hearing on the Application submitted by Craig Bennett from Miller
& Associates (Applicant) for 21st Century Investment Co., LLC (Owner) for
final plat approval for “MERIDIAN WEST” an addition to the City of Kearney,
Buffalo County, Nebraska for property described as Lot 1, Meadowlark Gardens
Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be
vacated) and Lot 1, Meadowlark Gardens Second Addition, an addition to the City
of Kearney, Buffalo County, Nebraska (to be vacated) (north of Highway 30 and
west of 30th Avenue) and approve Resolution No. 2007-57.
11. Conduct
a public hearing on the Application submitted by Craig Bennett from Miller
& Associates (Applicant) for 21st Century Investment Co., LLC (Owner) for
Planned District Development Plan Approval for the construction of a retail
center consisting of multiple buildings under condominium ownership on property
zoned “District C-3/PD, General Commercial District/Planned Development Overlay
District and described as Lot 1, Meadowlark Gardens Addition, an addition to
the City of Kearney, Buffalo County, Nebraska (to be vacated) and Lot 1,
Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo
County, Nebraska (to be vacated) (north of Highway 30 and west of 30th Avenue) and
approve Resolution No. 2007-58.
12. Conduct
a public hearing on the proposed amendment to subparagraph B, “Salvage Services
and Long-Term Vehicle Storage and Dismantling” of Section 46-107 “Supplemental
Use Regulations; Industrial Uses” of Chapter 46 “Supplemental Use Regulations”
of the Unified Land Development Ordinance, a part of the Code of the City of
Kearney to prohibit new salvage services use being established within 125 feet
of the nearest property line of a pre-existing residential use or of any
pre-established civic use.
13. TABLE
UNTIL APRIL 24, 2007. Conduct a public hearing on the proposed amendments to
Section 59-103 “Conditional Use Permit Procedure” and Section 59-104 “Amendment
Procedure” of Chapter 59 “Administration and Procedures” of the Unified Land
Development Ordinance, a part of the Code of the City of Kearney to provide
procedures pertaining to written notification of proposed rezonings, including
conditional use permits, for properties located within a specified distance of
the property being rezoned.
14. Conduct
a public hearing on the application to the Department of Economic Development
for a Community Development Block Grant in the amount of $153,501.00 for
comprehensive revitalization activities and approve Resolution No. 2007-59.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held March 27, 2007.
2. Approve
the Claims.
3. Approve
T-Hangar A-2 Lease Agreement between the City of Kearney and Gordon Brooks for
storage at the Kearney Regional Airport and approve Resolution No. 2007-60.
4. Approve
the Agreement between the City of Kearney and the Nebraska Department of Roads
for Project No. STPD-30-4(148) consisting of concrete reconstruction which
includes a 68-foot back to back curbed urban section, storm sewer, sidewalk,
lighting and grading on 25th Street (Highway 30) from Avenue B to Avenue L and
approve Resolution No. 2007-61.
5. Approve
the Interlocal Agreement between Kearney, Hastings, Grand Island, Beatrice,
Columbus, Fremont, Lexington, Norfolk, North Platte and Scottsbluff for storm
water management and approve Resolution No. 2007-62.
6. Approve
Change Order No. 1 showing an increase in the amount of $142,586.66 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. 2007-63.
7. Accept
the Warranty Deed granted to the City of Kearney by Shawn and Amanda King 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. 2007-64.
8. Approve
the bids received for the 2006 Part IV Improvements (Phase II) for the
construction of sidewalks where it currently does not exist as follows: 11th
Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to Avenue
I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue
I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street to 14th
Street, Avenue G from 13th Street to 14th Street and approve Resolution No.
2007-65 awarding the bid to Concrete Workers Inc. in the amount of $156,640.50.
9. Approve
the request submitted by the YMCA to conduct the Healthy Kids Day on April 14,
2007 beginning at 10:00 a.m. The route will begin at the YMCA north on 6th
Avenue, east on 48th Street to the Target/K-Mart entrances and then turn around
on the same route and finish at the YMCA.
10. Seek
a recommendation from the Advisory Board of Park & Recreation Commissioners
on naming/renaming of the Harmon Park Youth Center and the park area south of
Railroad Street and east of Central Avenue.
11. Approve
the bids received for the Cemetery Paving 2007 Project and approve Resolution
No. 2007-66 awarding the bid to Concrete Workers Inc. in the amount of
$112,068.50.
* 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. 7335 – Amend Section 9-1402 “Composition” of Article 14 “Building Advisory
Board” of Chapter 9 “Public Works” to allow for the appointment of a commercial
contractor and a residential contractor instead of a general contractor to
serve on the Building Advisory Board.
VI REGULAR AGENDA
1. ORDINANCE
NO. 7336 – Rezone from “District R-3, Urban Residential Multi-Family District”
to “District R-3/PD, Urban Residential Multi-Family District/Planned
Development Overlay District” property described as Lot 8, Country Club Plaza
Subdivision to the City of Kearney, Buffalo County, Nebraska (1815 University
Drive). (Pertains to Public Hearing 1)
2. ORDINANCE
NO. 7337 – Vacate Lots 1 through 6 inclusive of Block 2; Lots 1 through 5
inclusive of Block 3; Lot 1 of Block 4; Outlot “A”, Outlot “C”, 6th Avenue and
59th Street Place, all in Spruce Hollow Estates, an addition to the City of
Kearney, Buffalo County, Nebraska. (Pertains to Public Hearing 4)
3. ORDINANCE
NO. 7338 – 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 Southeast Quarter of Section 23, Township 9
North, Range 16 West of the 6th P.M., containing 13.91 acres, more or less,
Buffalo County, Nebraska (south of 60th Street and east of 17th Avenue). (Pertains
to Public Hearing 4)
4. ORDINANCE
NO. 7339 – Vacate Lots 1, 2, 3, 72, 73, 74, 75, 76, 77, 146, 147, 148, Cottage
Addition to the City of Kearney, Buffalo County, Nebraska. (Pertains to
Public Hearing 9)
5. ORDINANCE
NO. 7340 – Vacate Lot 1, Meadowlark Gardens Addition and Lot 1, Meadowlark
Gardens Second Addition, additions to the City of Kearney, Buffalo County,
Nebraska (north of Highway 30 and west of 30th Avenue). (Pertains to Public
Hearing 11)
6. ORDINANCE
NO. 7341 – Amend subparagraph B, “Salvage Services and Long-Term Vehicle
Storage and Dismantling” of Section 46-107 “Supplemental Use Regulations;
Industrial Uses” of Chapter 46 “Supplemental Use Regulations” of the Unified
Land Development Ordinance, a part of the Code of the City of Kearney to
prohibit new salvage services use being established within 125 feet of the
nearest property line of a pre-existing residential use or of any
pre-established civic use. (Pertains to Public Hearing 12)
7. ORDINANCE
NO. 7342 – Vacate the 20-foot alley as it abuts Lots 1 through 12 inclusive of
Block 1, Kearney Plaza Sixth Addition to the City of Kearney, Buffalo County,
Nebraska and abutting the east side of the southerly portion of Lot 41, Lincoln
Way Villa Plots to the City of Kearney, Buffalo County, Nebraska.
8. ORDINANCE
NO. 7343 – Vacate the 7.5-foot building setback line along the south property
line as platted on Lot 5, Hellman Addition and the 7.5-foot building setback
line along the north property line as platted on Lot 4, Hellman Addition to the
City of Kearney, Buffalo County, Nebraska.
9. Consider
the request submitted by Erika Moore to develop an inline skating rink at
Apollo Park.
10. ORDINANCE
NO. 7344 – Amend Section 7-301 “Sale of Lots; Purchase Price” of Article 3
“Cemeteries” of Chapter 7 “Park and Recreation” of the Code of the City of
Kearney to establish a fee schedule for Columbarium 1 and Columbarium 2.
11. Consider
the Fountain Hills Addition Agreement between the City of Kearney and Grand
West, LLC and approve Resolution No. 2007-67.
12. Open
Account Claims: Platte Valley State Bank - $41,350.20.
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