KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
August 14, 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
determine a connection fee in the amount of special benefits accruing to the property
in Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated
10th Street and approve Resolution No. 2007-146.
2. Conduct
a public hearing on the Application for a Class C-78045 Liquor License
submitted by YQF FOOD, INC., dba “Hunan’s Chinese Restaurant” located at 305
West 11th Street, consider the Application for Corporate Manager of Qiu Fang
Zhao and approve Resolution No. 2007-147.
3. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for The School District of the City of Kearney, Buffalo
County, Nebraska (Owner) for final plat approval for “GRANDVIEW ESTATES TENTH”
an addition to the City of Kearney, Buffalo County, Nebraska for property
described as Lot 1 of Block 1 (to be vacated), Grandview Estates, an addition
to the City of Kearney, Buffalo County, Nebraska, being part of the North Half
of Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th
P.M., containing 28.71 acres, more or less, Buffalo County, Nebraska (east of
Sunrise Middle School, north of 45th Street and west of Avenue R) and approve Resolution
No. 2007-148.
4. Conduct
a public hearing on the Application submitted by Casey’s General Store
(Applicant and Owner) for Planned District Development Plan Approval for the
construction of a storage shed on property zoned “District C-2/PD, Community
Commercial District/Planned Development Overlay District” and described as Lot
1 of Block 2, Windsor Estates Second Addition to the City of Kearney, Buffalo
County, Nebraska (607 West 39th Street) and approve Resolution No. 2007-149.
5. Conduct
a public hearing on the Application submitted by Richard Stacy from Miller
& Associates (Applicant) for New Life Assembly (Owner) for final plat
approval for “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney,
Buffalo County, Nebraska for property described as Lot 1, High Plains Estates,
a subdivision of Buffalo County, Nebraska (to be vacated); the west half of
vacated 26th Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7,
Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska
(to be vacated) and all in the Southwest Quarter of Section 27, Township 9
North, Range 16 West of the 6th P.M., containing 10.42 acres, more or less,
Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd
Street) and approve Resolution No. 2007-150.
6. Conduct
a public hearing on the Application submitted by Richard Stacy from Miller
& Associates (Applicant) for New Life Assembly (Owner) for the annexation
of “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo
County, Nebraska for property described as Lot 1, High Plains Estates, a
subdivision of Buffalo County, Nebraska (to be vacated); the west half of
vacated 26th Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7,
Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska
(to be vacated) and all in the Southwest Quarter of Section 27, Township 9
North, Range 16 West of the 6th P.M., containing 10.42 acres, more or less,
Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd
Street) and approve Resolution No. 2007-151.
7. Conduct
a public hearing on the Application submitted by Paul Brungardt (Applicant) for
Hamilton Investments, Limited Partnership (Owner) to rezone from “District C-2,
Community Commercial District” to “District C-2/PD, Community Commercial
District/Planned Development Overlay District” property described as Lot 1,
Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson
Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd
Avenue).
8. Conduct
a public hearing on the Application submitted by Paul Brungardt (Applicant) for
Hamilton Investments, Limited Partnership (Owner) for Planned District
Development Plan Approval for the construction of an automotive sales/service
facility on property to be zoned “District C-2/PD, Community Commercial
District/Planned Development Overlay District” and described as Lot 1, Motel 6
Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all
located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue) and
approve Resolution No. 2007-152.
9. Conduct
a public hearing on the Application submitted by Paul Brungardt (Applicant) for
Hamilton Investments, Limited Partnership (Owner) for a Conditional Use Permit
to operate an automotive sales/service facility on property to be zoned
“District C-2/PD, Community Commercial District/Planned Development Overlay
District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last
Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney,
Buffalo County, Nebraska (515 2nd Avenue).
10. Conduct
a public hearing on the application submitted by the City of Kearney/Buffalo
County to the U.S. Department of Justice for a Justice Assistance Grant for the
purchase of equipment to be used by the Kearney Police Department and the
Buffalo County Sheriff’s Department and approve Resolution No. 2007-153.
IV CONSENT AGENDA *
1. Approve
Minutes of Special Meeting held July 12, 2007 and Minutes of Regular Meeting
held July 24, 2007.
2. Approve
the Claims.
3. Approve
Change Order No. 1 showing an increase in the amount of $1,710.00, Application
and Certificate for Payment No. 5-Final in the amount of $9,179.35 and the
Certificate of Substantial Completion submitted by Blessing, LLC and approved
by Miller & Associates in connection with the 2006 Part IX Improvements –
Bid B consisting of Paving Improvement District No. 2006-913 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. 2007-154.
4. Approve
the Technical and Professional Services Contract with Miller & Associates
for management and supervision of CDBG Project #07-CR-004 and approve Resolution
No. 2007-155.
5. Confirm
the City Manager’s appointment of Rocky Steinbrink to the Development Advisory
Board.
6. Approve
the Developer Constructed Infrastructure Agreement between the City of Kearney
and F. Lean Brandt of the F. Lean Brandt Revocable Trust for the construction
of a water main and street paving to serve Lot 3 of Block 4, Meadowlark Estates
Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution
No. 2007-156.
7. Accept
the public improvements constructed under and in accordance with the terms of
the Developer Constructed Infrastructure Agreements for Lot 3 of Block 1,
Skiview Addition except the south 245 feet (Parklane Professional Building);
Lot 2, Casey’s Addition (Winfield Square); Stoneridge Sixth Addition; and Lots
8, 9, 10 of Block 2 and Lots 12, 13, 14, 15 16 of Block 3, Kearney Plaza Third
Addition (Kearney Plaza Homes along LaVista Drive) and approve Resolution No.
2007-157.
8. Approve
the application for a Special Designated License submitted by JUAN LAZO, dba
"El Tropico" in connection with their Class "BM37623"
Liquor License to dispense beer and distilled spirits in the Exhibit Building
located at the Buffalo County Fairgrounds, 3807 Avenue N, on September 2, 2007
from 6:00 p.m. until 12:00 a.m. for a Mexican dance.
9. Approve
the application for a Special Designated License submitted by JCB ENTERPRISES,
INC., dba "Bill's Liquor" in connection with their Class CK-39105
catering liquor license to dispense beer, wine and distilled spirits in the Extension
Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on September
8, 2007 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.
10. Approve
Change Order No. 1 showing an increase in the amount of $3,903.13 submitted by
Concrete Workers and approved by Miller & Associates in connection with 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. 2007-158.
11. Approve
submitting a Storm Water Management Plan Program Grant Application to the
Nebraska Department of Environmental Quality regarding the implementation of
storm water management and approve Resolution No. 2007-159.
12. Approve
the Agreement between the City of Kearney and Sorensen Group, Inc. to lease all
of Lot 13 and part of Lot 14 of Block 2, Kearney Land and Investment Company's
Choice Addition (lying south of the Union Pacific Railroad and east of 8th
Avenue) and approve Resolution No. 2007-160.
13. Approve
the Agreement between the City of Kearney and Buffalo County for asphalt
overlay of the onsite landfill haul road located at the Kearney Area Solid
Waste Landfill and approve Resolution No. 2007-161.
14. Approve
the recommendation submitted by the Downtown Improvement Board to block off
Central Avenue from Railroad Street to 21st Street on August 30, 2007 from 8:00
a.m. until 1:00 a.m. to conduct “Destination Downtown” and that the street be
cleared of parked vehicles.
15. Approve
the recommendation submitted by the Downtown Improvement Board to block off 24th
Street from Central Avenue to Avenue A, the parking lot located north of the
Museum of Nebraska Art, and to use the sidewalks on Central Avenue from
Railroad Street to 25th Street on September 22, 2007 from 8:00 a.m. until 2:00
a.m. to conduct “Downtown Arts Festival” and that the street and parking lot be
cleared of parked vehicles.
16. Accept
the Corporation Quitclaim Deed granted to the City of Kearney by Nebraska
Public Power District 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. 2007-162.
* 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. 7364 – Amend Article 14 “Building Advisory Board” to rename the Board to
“Development Advisory Board”; to amend Section 9-1401 “Building Advisory Board;
Created” to delete the reference of
Building Advisory Board and replace with Development Advisory Board; to
amend Section 9-1402 “Composition” to delete the reference of Building Advisory
Board and replace with Development Advisory Board and to allow for the
appointment of a landscape designer; to amend Section 9-1403 “Appointment” to
delete the reference of Building Advisory Board and replace with Development
Advisory Board; to amend Section 9-1404 “Compensation” to delete the reference
of Building Advisory Board and replace with Development Advisory Board; to
amend Section 9-1405 “Chairperson; Officers” to delete the election of a
chairperson and to designate a City staff person as the recording secretary; to
amend Section 9-1406 “Terms of Office” to delete the reference of Building
Advisory Board and replace with Development Advisory Board; to amend Section
9-1407 “Participation” to delete the reference of Building Advisory Board and
replace with Development Advisory Board; to amend Section 9-1409 “Meetings;
Records” to delete the reference of Building Advisory Board and replace with
Development Advisory Board; to amend Section 9-1410 “Quorum” to provide that
five members shall constitute a quorum; to amend Section 9-1412 “Powers and
Duties” to delete the reference of Building Advisory Board and replace with
Development Advisory Board all located in Chapter 9 “Public Works” of the Code
of the City of Kearney, Nebraska.
2. ORDINANCE
NO. 7365 – Repeal Ordinance No. 7362 and to grant a Conditional Use Permit to
Andersen Wrecking Company for a salvage service and long-term vehicle storage
and dismantling operation on property zoned “District M-2, General industrial
District” and described as Lots 1 through 14 of Block 18, Lots 1 through 14 of
Block 19, Lots 1 through 14 of Block 20, Lots 1 through 17 of Block 21, Lots 1
through 15 of Block 22, Lots 1 through 13 of Block 23, all in Whiteakers Grove
Addition to the City of Kearney, Buffalo County, Nebraska together with VACATED:
(1) 14.0 foot alleys running north and south through Blocks 18 through 23, (2) 19th
Street between the east right-of-way line of Avenue N and the west right-of-way
line of Avenue Q, (3) east half of Avenue N between the south right-of-way line
of 20th Street and the north line of CB&Q Railroad right-of-way, (4) Avenue
O between the south right-of-way line of 20th Street and north line of CB&Q
Railroad right-of-way, and (5) Avenue P between the south right-of-way line of
20th Street and the north line of CB&Q Railroad right-of-way (1403 East
20th Street).
VI REGULAR AGENDA
1. ORDINANCE
NO. 7366 – Vacate Lot 1 of Block 2, Grandview Estates, an addition to the City
of Kearney, Buffalo County, Nebraska (east of Sunrise Middle School, north of
45th Street and west of Avenue R). (Pertains to Public Hearing 3)
2. ORDINANCE
NO. 7367 – Vacate Lot 1, High Plains Estates, a subdivision of Buffalo County,
Nebraska AND a tract of land being part of Lot 1, all of Lots 2, 3, 4, 5, 6 of
Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County,
Nebraska, all located in the Southwest Quarter of Section 27, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of 28th Avenue
between 39th Street and 43rd Street). (Pertains to Public Hearings 5 and 6)
3. ORDINANCE
NO. 7368 – Rezone from “District C-2, Community Commercial District” to
“District C-2/PD, Community Commercial District/Planned Development Overlay
District” property described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last
Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney,
Buffalo County, Nebraska (515 2nd Avenue). (Pertains to Public Hearing 7)
4. ORDINANCE
NO. 7369 – Grant a Conditional Use Permit to Hamilton Investments, Limited
Partnership to operate an automotive sales/service facility on property to be
zoned “District C-2/PD, Community Commercial District/Planned Development
Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15,
Last Addition, and Lot 1 of Carlson Addition, all located in the City of
Kearney, Buffalo County, Nebraska (515 2nd Avenue). (Pertains to Public
Hearing 9)
5. Consider
the Application for Corporate Manager of Jeremy Nore submitted by JERSEY’S SPORTS BAR & GRILL, LLC.,
dba “Jersey’s Sports Bar” in connection with their Class I-70888 liquor license
located at 5012 3rd Avenue.
6. Consider
the bids received for the construction of the tennis courts located at Harvey
Park and approve Resolution No. 2007-163 awarding the bid to Mid-American
Courtworks from Wichita, Kansas in the amount of $174,571.00.
7. Consider
the Plans and Specifications for the Apollo Park Basketball Court Lighting
Project and set the bid opening date for September 4, 2007 at 2:00 p.m.
8. Open
Account Claims: NPPD - $78,689.93, Platte Valley State Bank - $41,613.26,
School District #7 - $490.45
VII REPORTS
Report
from Staff on the timing of 2nd Avenue traffic lights.
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