View Other Items in this Archive | View All Archives | Printable Version

KEARNEY CITY COUNCIL

AGENDA

City Council Chambers, 18 East 22nd Street

August 28, 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;

            Presentation of Service Awards to Outgoing Board/Commission Members: B.M. Stevenson, Airport Advisory Board; Randy Pallas, Downtown Improvement Board; Gary Hogg, Park & Recreation Advisory Board; and JoAnn Lilly, Planning Commission.

 

            Presentation by Roger Jasnoch from the Kearney Visitors Bureau.

 

II  UNFINISHED BUSINESS

 

None.

 

III  PUBLIC HEARINGS

 

1.         Conduct a public hearing on the application for a Class C-78216 liquor license submitted by FOODMART III, INC., dba “Boogaarts” located at 1615 2nd Avenue, consider the application for Corporate Manager of Lance Handley, and approve Resolution No. 2007-164.

 

2.         Conduct a public hearing on the application for a Class C-78257 liquor license submitted by SPORTS FANS, LLC., dba “Fanatics” located at 2021 Central Avenue, consider the application for Corporate Manager of Todd Schirmer, and approve Resolution No. 2007-165.

 

3.         Conduct a public hearing on the proposed acquisition of a Permanent and Temporary Sanitary Sewer Easement granted to the City of Kearney by TWL LLC on the following tracts of land: (1) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the centerline of a 20.0 foot strip of land and on the west line of the City of Kearney and Central Platte Natural Resources District Detention Cell west boundary line; thence S84°05'24"W on said centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08 feet to the point of termination, said point being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet north of the south line of said Northeast Quarter; AND (2) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 20.0 foot strip of land; thence S00°19'48"E on said centerline a distance of 311.92 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (3) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 20.0 foot strip of land; thence S00°02'47"W on said centerline a distance of 125.22 feet; thence S47°05'40" W on said centerline a distance of 244.44 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (4) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the West line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the centerline of said 80.0 foot strip of land and on the West line of the City of Kearney and Central Platte Natural Resources District Detention Cell west boundary line; thence S84°05'24"W on said centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08 feet to the point of termination, said point being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet north of the south line of said Northeast Quarter; AND (5) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said West line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 80.0 foot strip of land; thence S00°19'48"E on said centerline a distance of 311.92 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (6) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 80.0 foot strip of land; thence S00°02'47"W on said centerline a distance of 125.22 feet; thence S47°05'40"W on said centerline a distance of 244.44 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located in Buffalo County, Nebraska (north of the proposed Stoneridge Additions and west of Bel Air Addition) and approve Resolution No. 2007-166.

 

4.         Conduct a public hearing on the proposed acquisition of a tract of land being part of accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northeast corner of Government Lot 7 in said Section 8 and assuming the east line of said Government Lot 7 as bearing S00°10”49”W and all bearings contained herein are relative thereto; thence S00°10’49”W and on said east line a distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45 feet to the actual place of beginning; thence S82°52’34”W continuing on the aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to said east line a distance of 637.23 feet to the centerline of the North Channel of the Platte River; thence N48°59’35”E on said centerline a distance of 21.56 feet; thence N42°06’13”E continuing on said centerline a distance of  95.81 feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said centerline N00°10”19”E parallel with said east line a distance of 598.32 feet to the place of  beginning, containing 5.88 acres, more or less, all located in Buffalo County, Nebraska and approve Resolution No. 2007-167.

 

5.         Conduct a public hearing on the proposed acquisition to continue effectiveness of the Kearney Northeast Flood Control Project of a tract of land being part of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing north and all bearings contained herein are relative thereto; thence north on the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel with the south line of the Northeast Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius curve to the left forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 631.26 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 448.0 feet to a point on the south line of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence north parallel with the east line of said Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 731.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and parallel with the south line of said Northeast quarter a distance of 350.0 feet to the place of beginning.  Containing 46.921 acres, more or less, of which 0.176 acres, more or less, are presently being used for road purposes on the east side.  Subject to, however, a 60.0 foot strip of land which is to be reserved for future ingress-egress easement purposes with said 60.0 foot strip of land being more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 150.0 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 60.0 feet to the place of beginning, all located in Buffalo County, Nebraska and approve Resolution No. 2007-168.

 

IV  CONSENT AGENDA  *

 

1.         Approve Minutes of Joint City/County Budget Meeting held August 9, 2007 and Minutes of Regular Meeting held August 14, 2007.

 

2.         Approve the Claims.

 

3.         Receive recommendations of Planning Commission and set September 11, 2007 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the final allocation of levy authority in the amount of $132,600.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2007-2008 and the final allocation of levy authority in the amount of $38,000.00 for Offstreet Parking District No. 1 for fiscal year 2007-2008 and approve Resolution No. 2007-169.

 

5.         Authorize the City Manager, Director of Finance and Administration, and the City Clerk to sign checks, drafts or other withdrawal orders issued against the funds of the City on deposit with designated depositories and approve Resolution No. 2007-170.

 

6.         Accept the Warranty Quitclaim Deed granted to the City of Kearney by Brian and Mary Rodine 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. 2007-171.

 

7.         Approve Amendment No. 1 to the Consultant’s Agreement with Kirkham Michael & Associates 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. 2007-172.

 

8.         Approve the request submitted by the University of Nebraska at Kearney to conduct a Homecoming Parade on October 6, 2007 beginning at 10:00 a.m. The route will commence on North Railroad Street and Central Avenue, north on Central Avenue to 27th Street, west on 27th Street to 9th Avenue.  The staging area to be blocked off beginning at 7:00 a.m. is Railroad Street from Avenue E to 5th Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, 20th Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street.  Parking will be prohibited on Central Avenue between Railroad Street and 25th Street from 2:00 a.m. until conclusion of the parade.

 

9.         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 catering liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway located at the 3060 East 1st Avenue on September 22, 2007 from 4:00 p.m. until 1:00 a.m. for a wedding reception.

 

10.        Approve Change Order No. 2 showing a decrease in the amount of $22,486.55, Application and Certificate for Payment No. 5-Final in the amount of $26,475.79, and Certificate of Substantial Completion submitted by Paulsen, Inc. and approved by Miller & Associates in connection with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements (Paving Improvement District No. 2006-908) and approve Resolution No. 2007-173.

 

11.        Approve Application and Certificate for Payment No. 5 in the amount of $224,845.20 submitted by Blessing, LLC and approved by Miller & Associates for the 2007 Part II Improvements for 39th Street from 2nd Avenue east to Pony Express Road (Paving Improvement District No. 2006-908) and approve Resolution No. 2007-174.

 

12.        Approve Change Order No. 1 showing a decrease in the amount of $1,011.00 and Application and Certificate for Payment No. 1 in the amount of $73,963.62 submitted by Midlands Contracting, Inc. and approved by Miller & Associates in connection with the 2007 Part III Improvements – Bid A consisting of Water District No. 2007-547 and Sewer District No. 2007-489 for 16th Street from Avenue M east a distance of 747± feet; 5th Avenue Water Main Replacement; Avenue C Railroad Crossing and approve Resolution No. 2007-175.

 

13.        Approve Application and Certificate for Payment No. 11 in the amount of $69,481.62 submitted by Sargent Drilling of Broken Bow, Nebraska and approved by Miller & Associates for the Northwest Well Field Phase I (Municipal Water Wells)  and approve Resolution No. 2007-176.

 

14.        Approve the Interlocal Agreement between the Cities of Grand Island, Kearney, North Platte, and the Village of Alda Regarding Direct Negotiations of Rate Changes with NorthWestern Energy and approve Resolution No. 2007-177.

 

15.        Approve Change Order No. 2 showing a decrease in the amount of $1,005.10, Application and Certificate for Payment No. 3-Final in the amount of $35,448.12, and the Certificate of Substantial Completion 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. 2007-178.

 

16.        Approve the bids received for the Belt Press Auger and Conveyor Replacement at the Wastewater Treatment Plant and approve Resolution No. 2007-179 awarding the bid to Marlatt Machine Shop in the amount of $109,800.00.

 

*           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. 7370 – Amend Section 8-913 “Two-Hour Parking; Generally” of Article 9 “Stopping, Standing and Parking” of Chapter 8 “Police” of the Code of the Kearney of Kearney to remove 24th Street from Central Avenue to Avenue A; and to amend Section 8-917 “Prohibited in Excess of Eight Hours” of Article 9 “Stopping, Standing and Parking” of Chapter 8 “Police” of the Code of the Kearney of Kearney to include 24th Street from Central Avenue to Avenue A.

 

VI  REGULAR AGENDA

 

1.         ORDINANCE NO. 7371 – Extend the boundaries and include with the corporate limits of, and to annex to the City of Kearney, Nebraska, a tract of land being part of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing north and all bearings contained herein are relative thereto; thence north on the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel with the south line of the Northeast Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius curve to the left forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 631.26 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 448.0 feet to a point on the south line of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence north parallel with the east line of said Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 731.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and parallel with the south line of said Northeast quarter a distance of 350.0 feet to the place of beginning.  Containing 46.921 acres, more or less, of which 0.176 acres, more or less, are presently being used for road purposes on the east side.  Subject to, however, a 60.0 foot strip of land which is to be reserved for future ingress-egress easement purposes with said 60.0 foot strip of land being more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 150.0 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 60.0 feet to the place of beginning, all located in Buffalo County, Nebraska. (Pertains to Public Hearing 5)

 

2.         TABLED AUGUST 14, 2007  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.

 

3.         Consider accepting the Kearney Housing Agency Annual Report submitted by Executive Director Elaine Wiseman.

 

4.         Open Account Claims:  Stan Clouse - $334.44, Platte Valley State Bank - $40,529.59.

 

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