KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
May 8, 2007
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.
II UNFINISHED BUSINESS
None.
III PUBLIC HEARINGS
1. Conduct
a public hearing for the Council to meet as a Board of Equalization to assess
costs for Paving Improvement District No. 2002-870 for the alley between Avenue
A and Avenue B from 21st Street to Railroad Street; Paving Improvement District
No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue; Paving Improvement
District No. 2004-882A for 1st Avenue from 60th Street to 65th Street; Paving
Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a
distance of 525 feet; Paving Improvement District No. 2004-890 for 12th Avenue
from a point 604± feet south of 11th Street south to its terminus in a
cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the
west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1,
all in Park View Estates Second Addition; Paving Improvement District No.
2005-893 for 9th Avenue from 10th Street to 11th Street; Paving Improvement
District No. 2005-896 for LaPlatte Road from the east line of Plaza Boulevard,
thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the
south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Paving Improvement
District No. 2005-897 for Cedar Lane from the east right-of-way line of
LaPlatte Road to its terminus in a cul-de-sac; Paving Improvement District No.
2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to
its terminus in a cul-de-sac; Paving Improvement District No. 2005-900 for the
alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South
Kearney Addition; Paving Improvement District No. 2005-901 for 52nd Street from
2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd
Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1,
Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo
County, Nebraska; Paving Improvement District No. 2005-903 for Avenue N from
the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south
lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of
1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the
south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of
210± feet; Water District No. 2004-529* for LaPlatte Road from Plaza Boulevard
east/southeasterly to the south line of Lot 10 of Block 2 and the south line of
Lot 27 of Block 3, Kearney Plaza Subdivision; Water District No. 2004-530 for
60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st
Avenue from 60th Street to 65th Street; Water District No. 2004-532 for 65th
Street from 2nd Avenue east a distance of 1,058 feet; Water District No. 2004-535
in 12th Avenue from a point 604± feet south of 11th Street south to its
terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6,
Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates
Second Addition; Water District No. 2005-536 for 9th Avenue from 10th Street to
11th Street; Water District No. 2005-537 for a 20-foot waterline easement along
the south line of Lot 2 of Block 1, Sorensen Park Fourth Addition; Water
District No. 2005-538 for a 10-foot utility easement along the west line of Lot
1 of Block 2, Sorensen Park Fourth Addition; Water District No. 2005-539 for
52nd Street from 2nd Avenue west to 3rd Avenue; Sewer District No. 2004-472 for
60th Street from 2nd Avenue to 1st Avenue; Sewer District No. 2004-473A for 1st
Avenue from 60th Street to 65th Street; Sewer District No. 2004-474 for 65th
Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No.
2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to
its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6,
Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates
Second Addition; Sewer District No. 2005-479 for 9th Avenue from 10th Street to
11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line
of Plaza Boulevard, thence east/southeasterly to the south line of Lot 10 of
Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer
District No. 2005-481 for Cedar Lane from the east right-of-way line of
LaPlatte Road to its terminus in a cul-de-sac; Sewer District No. 2005-482 for
Redwood Lane from the west line of LaPlatte Road to its terminus in a
cul-de-sac; Sewer District No. 2005-483 for 3rd Avenue from 52nd Street south
to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition and
approve Resolution No. 2007-78.
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 “Rural
Estates” property described as the south 525.0 feet of the east 954.0 feet of
the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North,
Range 16 West of the 6th P.M., containing 11.50 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 (6460 17th Avenue) and approve Resolution
No. 2007-79.
3. Conduct
a public hearing on the Application submitted by Brad and Beth 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 954.0 feet of the
Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North,
Range 16 West of the 6th P.M., containing 11.50 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 6460 17th Avenue).
4. Conduct
a public hearing on the Application submitted by Jesse Hernandez from USCOC
Nebraska/Kansas LLC (Applicant) and Buffalo County Agricultural Association
(Owner) for a Conditional Use Permit to replace an existing 125-foot monopole
with a new 125-foot monopole on property zoned “District AG, Agricultural
District” and described as a tract of land being part of the North Half of the
Northwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th
P.M., Buffalo County, Nebraska (1711 East 39th Street).
5. Conduct
a public hearing on the Application submitted by Paul Brungardt from Brungardt
Engineering (Applicant) for Central Nebraska Insurance Properties (Owner) for
Revised Planned District Development Plan Approval for the construction of an
addition to a commercial/counseling office on property zoned “District C‑O/PD,
Office District/Planned Development Overlay District” and described as Lot 2 of
Block 2, Highland Park Addition, an addition to the City of Kearney, Buffalo
County, Nebraska (2811 30th Avenue) and approve Resolution No. 2007-80.
6. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Fred E. Hammer, Trustee of the Fred E. Hammer Living
Trust dated November 8, 1996 (Owner) for final plat and Subdivision Agreement
approval for “JEAN MICHEL OF CHATEAU MARTEAU” an addition to the City of
Kearney, Buffalo County, Nebraska for property described as Lot 2 of Block 1
(to be vacated) and part of 10th Street (to be vacated) located in
Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County,
Nebraska AND a tract of land being part of the West Half of Northwest Quarter
of the Northeast Quarter and part of Government Lot 3 and accretions all located
in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 4.61
acres, more or less, all located in Buffalo County, Nebraska (south of 11th
Street and north of 4th Street) and approve Resolution No. 2007-81.
7. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Fred E. Hammer, Trustee of the Fred E. Hammer Living
Trust dated November 8, 1996 (Owner) for the annexation of “JEAN MICHEL OF
CHATEAU MARTEAU” an addition to the City of Kearney, Buffalo County, Nebraska
for property described as Lot 2 of Block 1 (to be vacated) and part of 10th
Street (to be vacated) located in Hammer-McCarty Addition, an addition to the
City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the
West Half of Northwest Quarter of the Northeast Quarter and part of Government
Lot 3 and accretions all located in Section 11, Township 8 North, Range 16 West
of the 6th P.M., containing 4.61 acres, more or less, all located in Buffalo
County, Nebraska (south of 11th Street and north of 4th Street) and approve Resolution
No. 2007-82.
8. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Denton Enterprises, 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 Northeast Quarter of Section 27, Township 9 North, Range
16 West of the 6th P.M., containing 42.32 acres, more or less, Buffalo County,
Nebraska (north of the intersection of 21st Avenue and 50th Street).
9. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for final plat and Subdivision
Agreement approval for “CASTLE RIDGE FOURTH” an addition to the City of
Kearney, Buffalo County, Nebraska for property described as a tract of land
being part of the Northeast Quarter of Section 27, Township 9 North, Range 16
West of the 6th P.M., containing 11.99 acres, more or less, Buffalo County,
Nebraska (north of the intersection of 21st Avenue and 50th Street) and approve
Resolution No. 2007-83.
10. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the annexation
of “CASTLE RIDGE FOURTH” 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 Northeast Quarter of Section 27, Township 9 North, Range 16 West
of the 6th P.M., containing 11.99 acres, more or less, Buffalo County, Nebraska
(north of the intersection of 21st Avenue and 50th Street) and approve Resolution
No. 2007-84.
11. Conduct
a public hearing on the Application submitted by LOWE GROUP INC., dba “Sports
Fans” for a Class C-76468 liquor license to be located at 2021 Central Avenue, consider
the application for Corporate Manager for John Lowe, and approve Resolution No.
2007-85.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held April 24, 2007.
2. Approve
the Claims.
3. Approve
the application submitted by Franci Kinkade to extend Conditional Use Permit
No. 1998-05 to locate a Bed and Breakfast at 2915 5th Avenue for a period of
one year.
4. 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, and distilled spirits at The Great Platte River Road Archway, 3060
East 1st Street, on May 26, 2007 from 4:30 p.m. until 12:00 a.m. for a wedding
reception.
5. Approve
the application for a Special Designated License submitted by EXPRESSIONS
CATERING, INC., dba “Paradise Cove” in connection with their Class CK-58433
liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion
located at the Buffalo County Fairgrounds, 3807 Avenue N, on June 2, 2007 from 2:00
p.m. until 1:00 a.m. for a wedding dance and reception.
* 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. 7347 – 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 954.0 feet of the Southeast Quarter of the Northeast
Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M.,
containing 11.50 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 6460 17th Avenue). (Pertains to Public Hearing 3)
2. ORDINANCE
NO. 7348 – Grant a Conditional Use Permit to Jesse Hernandez from USCOC
Nebraska/Kansas LLC (Applicant) and Buffalo County Agricultural Association
(Owner) to replace an existing 125-foot monopole with a new 125-foot monopole
on property zoned “District AG, Agricultural District” and described as a tract
of land being part of the North Half of the Northwest Quarter of Section 31,
Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (1711
East 39th Street). (Pertains to Public Hearing 4)
3. ORDINANCE
NO. 7349 – Vacate Lot 2 of Block 1 and part of 10th Street located in
Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County,
Nebraska (south of 11th Street and north of 4th Street). (Pertains to Public
Hearing 6)
4. ORDINANCE
NO. 7350 – 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 Northeast Quarter of Section 27, Township
9 North, Range 16 West of the 6th P.M., containing 42.32 acres, more or less,
Buffalo County, Nebraska (north of the intersection of 21st Avenue and 50th
Street). (Pertains to Public Hearing 8)
5. ORDINANCE
NO. 7351 – Amend Section 5-402 “Generally; Illustrative Enumeration” of Article
4 “Nuisances” of Chapter 5 “Health and Sanitation” of the Code of the City of
Kearney to renumber Section 5-405 “Generally; Notice to Abate” to Section
5-406; to renumber Section 5-406 “Generally; Contents of Notice” to Section
5-407; to renumber Section 5-407 “Generally; Service of Notice” to Section
5-408; to renumber Section 5-408 “Generally; Abatement by City” to Section
5-410; to renumber Section 5-408.1 “Litter; Abatement by City” to Section 5-410.1;
to renumber Section 5-409 “Generally; City’s Costs Declared Lien” to Section
5-411; to renumber Section 5-410 “Generally; Alternative Methods of Enforcement”
to Section 5-412; to renumber Section 5-411 “Request for Appeals Hearing; Conducted”
to Section 5-413; to add a new Section 5-405 “Generally; Inspection” of Chapter
5 “Health and Sanitation” of the Code of the City of Kearney, Nebraska to
provide the building official shall have the authority and it shall be his/her
duty to enter into and examine at any and all times all buildings, lots and
places or all descriptions within the City for the purpose of ascertaining the
conditions thereof so far as the public health and safety may be affected
thereby; to provide if the property owner or occupant of any building or premises
in the city prevents or attempts to prevent any employee of the city from
entering or examining such building or premises for the purpose described above
during reasonable hours, the city may then request an administrative search
warrant from the district court; and to add a new Section 5-409 “Generally; Hearing”
of Chapter 5 “Health and Sanitation” of the Code of the City of Kearney, Nebraska
to provide the building official is designated as the representative of the
governing body for the purposes of conducting hearings requested by any
recipient of a notice to abate a nuisance; to provide the recipient of a notice
to abate a nuisance may request a hearing before expiration of the waiting
period by filling a request for such hearing on a form available in the office
of the building official; to provide the hearing shall be conducted pursuant to
rules adopted by the building official and made available to the public in the
office of the building official; to provide the party requesting such hearing
shall be given written notice no less than three days in advance of the
scheduled hearing; to provide no action to abate the nuisance shall be taken by
the city pending the outcome of the hearing; to provide if the building
official determines that the notice to abate nuisance is without sufficient
basis, the notice shall be rescinded; to provide if the notice to abate is
determined to have sufficient basis, the recipient shall be allowed the
original waiting period to voluntarily abate the nuisance commencing with the
date of the building official’s determination and in default thereof, the city
may take necessary action to abate the nuisance.
6. Consider
the recommendation submitted by the Park & Recreation Advisory Board on the
naming/renaming of the Harmon Park Activity Center and the park area south of
Railroad Street and east of Central Avenue and approve Resolution No. 2007-86.
7. ORDINANCE
NO. 7352 – Add a new Article 5 entitled “Trees and Shrubbery” to Chapter 7
“Park and Recreation” of the Code of the City of Kearney to adopt a community tree plan in or upon any street, parkway,
sidewalk space, or other public right-of-way within the City of Kearney.
8. ORDINANCE
NO. 7353 – Repeal in its entirety Section 9-1205 “Tree Planting in Street” of
Article 12 “Streets and Sidewalks” of Chapter 9 “Public Works” of the Code of
the City of Kearney; to delete in its entirety Section 9-1206 “Improvement of
Space Between Lot and Curb; Damage to Cultivation” of Article 12 “Streets and
Sidewalks” of Chapter 9 “Public Works” of the Code of the City of Kearney; to
delete in its entirety Section 9-1207 “Destruction, Etc., of Street Trees,
Plantings, Etc.” of Article 12 “Streets and Sidewalks” of Chapter 9 “Public
Works” of the Code of the City of Kearney; to delete in its entirety Section
9-1208 “Trimming Branches Overhanging Streets and Sidewalks” of Article 12
“Streets and Sidewalks” of Chapter 9 “Public Works” of the Code of the City of
Kearney; to delete in its entirety Section 9-1209 “Vision Clearance” of Article
12 “Streets and Sidewalks” of Chapter 9 “Public Works” of the Code of the City
of Kearney.
9. ORDINANCE
NO. 7354 – Amend Subsection C “Obstruction of View” of Section 48-109 “General
Provisions” of Chapter 48 “Landscaping and Screening Standards” of the Code of
the City of Kearney to reflect the reference of Section 7-520 “Vision
Clearance” with regard to landscaping and screening.
10. ORDINANCE
NO. 7355 – Amend Section 59-103 “Conditional Use Permit Procedure” of Chapter
59 “Administration and Procedures” of the Code of the City of Kearney to
establish procedures to implement for written notification to property owners
within 200 feet of a proposed conditional use permit application; to increase
the filing fee to $200.00; to establish procedures and guidelines to implement
for renewal of active conditional use permits and to require a file fee of
$50.00; to amend Section 59-104 “Amendment Procedure” of Chapter 59
“Administration and Procedures” of the Code of the City of Kearney to increase
the filing fee to $150.00 for text amendments for zoning regulations; to
establish procedures to implement for written notification to property owners
within 200 feet of a proposed rezoning application and to increase the filing
fee to $200.00.
11. Consider
authorizing the City Manager and City Attorney to proceed informally and/or
formally in the renewal of the Cable Franchise Agreement with Charter
Communications and approve Resolution No. 2007-87.
12. Open
Account Claims: NPPD - $3,741.33, Platte Valley State Bank - $40,238.21, School
District #7 - $1,720.60.
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