KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
September 25, 2007
7:00 p.m.
I ROUTINE
BUSINESS
1.
Invocation (President or Designee of KMA); Sister Pat Rinn, St. James Catholic
Church.
2.
Pledge of Allegiance.
3.
Announcement on Open Meetings Act.
4.
Roll call.
5.
Oral Communication - Recognition of visitors.
Presentation by the Golden K Kiwanis Club.
II UNFINISHED
BUSINESS
None.
III PUBLIC
HEARINGS
1.
REMAIN ON TABLE UNTIL OCTOBER 9, 2007. Conduct a public hearing on
the Application submitted by Craig Bennett from Miller & Associates
(Applicant) for Grand West, LLC (Owner) for an amendment to the Land Use Map of
the City of Kearney Comprehensive Development Plan from “Mixed Use 1” to “Mixed
Use 2” for property described as part of the Northeast Quarter of the Northwest
Quarter of Section 26, Township 9 North, Range 16 West of 6th P.M., containing
18.47 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west
of 2nd Avenue and east of 17th Avenue) and approve Resolution No. 2007-182.
2.
REMAIN ON TABLE UNTIL OCTOBER 9, 2007. Conduct a public hearing on
the Application submitted by Craig Bennett from Miller & Associates (Applicant)
for Grand West, LLC (Owner) to rezone from “District AG, Agricultural District”
to “District C-2, Community Commercial District” containing 8.74 acres, more or
less AND to “District R-3/PD, Urban Residential Multi-Family District (Medium
Density)/Planned Development Overlay District” property described as part of
the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North,
Range 16 West of 6th P.M., containing 9.73 acres, more or less, Buffalo County,
Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue).
3.
REMAIN ON TABLE UNTIL OCTOBER 9, 2007. Conduct a public hearing on
the Application submitted by Craig Bennett from Miller & Associates
(Applicant) for Grand West, LLC (Owner) for approval of the Final Plat and
Subdivision Agreement for “Fountain Hills Second Addition”, a subdivision in
Buffalo County, Nebraska for property described as part of the Northeast
Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West
of the 6th P.M., containing 18.47 acres, more or less, Buffalo County, Nebraska
(south of 56th Street and east of 11th Avenue) and approve Resolution No.
2007-183.
4.
REMAIN ON TABLE UNTIL OCTOBER 9, 2007. Conduct a public hearing on
the Application submitted by Craig Bennett from Miller & Associates
(Applicant) for Grand West, LLC (Owner) for Planned District Development Plan
Approval for the construction of residential townhouses on property to be zoned
“District R-3/PD, Urban Residential Multi-Family District (Medium
Density)/Planned Development Overlay District” and described as part of the
Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (proposed Lot 1 of
Block 2, Fountain Hills Second Addition and located south of 55th Street and
east of 11th Avenue) and approve Resolution No. 2007-184.
IV CONSENT
AGENDA *
1.
Approve Minutes of Regular Meeting held September 11, 2007.
2.
Approve the Claims.
3.
Receive recommendations of Planning Commission and set October 9, 2007 at 7:00
p.m. as date and time for hearing on those applications where applicable.
4.
Approve Change Order No. 1 for a decrease in the amount of $7,649.50 and
Application and Certificate for Payment No. 3 in the amount of $81,470.22
submitted by Dan Roeder Concrete, Inc. and approved by Miller & Associates
for the 2006 Part III Improvements – Bid B consisting of Paving Improvement
District No. 2006-909 for 11th Avenue from the south line of Rapp Addition
south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of
Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View
Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of
Block 2, Park View Estates Third; Paving Improvement District No. 2006-910 for
17th Avenue from 14th Street south to 11th Street and approve Resolution No.
2007-197.
5.
Approve Application and Certificate for Payment No. 6 in the amount of $181,190.22
submitted by Blessing, LLC and approved by Miller & Associates for 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. 2007-198.
6.
Approve Application and Certificate for Payment No. 2 in the amount of
$253,405.04 submitted by Midlands Contracting and approved by Miller &
Associates for the 2007 Part III Improvements – Bid A consisting of Water
District No. 2007-547 for 16th Street from Avenue M east a distance of 747±
feet; Sewer District No. 2007-489 for 16th Street from Avenue M east a distance
of 747± feet; Water Connection District No. 2007-1 for 56th Street from 30th
Avenue west a distance of 4,410.1 feet; 5th Avenue Water Main Replacement;
Avenue C Railroad Crossing and approve Resolution No. 2007-199.
7.
Approve Application and Certificate for Payment No. 1 in the amount of
$81,035.55 submitted by Dan Roeder Concrete and approved by Miller &
Associates for the 2007 Part III Improvements – Bid B consisting of Paving Improvement
District No. 2007-914 for 16th Street from Avenue M east a distance of 747±
feet and approve Resolution No. 2007-200.
8.
Approve Change Order No. 2 showing an increase of additional working days,
Application and Certificate for Payment No. 12 in the amount of $262,069.81
submitted by Sargent Drilling of Broken Bow, Nebraska and approved by Miller
& Associates for the Northwest Well Field Improvements – Phase I (Municipal
Water Wells) and approve Resolution No. 2007-201.
9.
Approve Application and Certificate for Payment No. 1 in the amount of
$752,186.88 submitted by Starostka Group Unlimited, Inc. and approved by Miller
& Associates for the Northwest Well Field Improvements – Phase II (Water
Transmission Main) and Water Connection District No. 2007-1 for 56th Street
from 30th Avenue west a distance of 4,410.1 feet and approve Resolution No.
2007-202.
10.
Approve the Plans and Specifications for the 2007 Manhole Rehabilitation
Project and set the bid opening date for October 16, 2007 at 2:00 p.m.
11.
Approve the Agreement for the Acquisition of Right-of-Way between the City of
Kearney and N&K Investment Co. 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. 2007-203.
12.
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 October 13, 2007
from 6:00 p.m. until 1:00 a.m. for a Mexican dance.
13.
Approve the application for a Special Designated License submitted by ALLEY
ROSE INC. OF KEARNEY, dba “Alley Rose” in connection with their Class IK-21763
catering liquor license to dispense beer, wine and distilled spirits in the Museum of Nebraska Art, 2013
Central Avenue on October 24, 2007 from 5:00 p.m. until 8:00 p.m. for a
reception.
14.
Approve the application for a Special Designated License submitted by CHICKEN
BONES OF KEARNEY, INC., dba “Chicken Coop Sports Bar & Grill in connection
with their Class I-54354 liquor license to dispense beer in the Exposition
Building located at the Buffalo County Fairgrounds, 3807 Avenue N on October
14, 2007 from 12:00 p.m. until 12:00 a.m. for a demolition derby.
15.
Approve the application to extend Conditional Use Permit No. 1979-06 submitted
by Susan Underhill to locate a day care facility at 2803 Avenue I for a period
of one year.
16.
Approve the Agreement with The S.A.F.E. Center to block off the parking lot
located north of the Museum of Nebraska Art on October 18, 2007 beginning at
5:00 p.m. until 9:00 p.m. for their Annual Candlelight Vigil with the event
beginning at 7:00 p.m.
17.
Approve the application for a Special Designated License submitted by 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 Museum of Nebraska Art located at the 2013 Central
Avenue on October 11, 2007 from 4:00 p.m. until 8:00 p.m. for a Management
Conference Dinner.
18.
Approve the application for a Special Designated License submitted by 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 Ag Pavilion at the Buffalo County Fairgrounds located
at the 3807 Avenue N on October 13, 2007 from 5:00 p.m. until 1:00 a.m. for a
wedding reception and dance.
19.
Authorize City staff to submit an application for federal assistance from the
Recreational Trails Program for the eastward extension of the Lighthouse Point
Trail through Ted Baldwin Park and extending into the Fountain Hills
Subdivision and approve Resolution No. 2007-204.
20.
Accept the Warranty Deed granted to the City of Kearney from Archview LLC for 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 approve Resolution No.
2007-205.
21.
Approve Change Order No. 1 showing a decrease in the of $1,064.10 and
Application and Certificate for Payment No. 1 in the amount of $98,548.11
submitted by Kayton Electric and approved by Iteris, Inc. for the 56th Street
and Avenue N Intersection Improvement Project and approve Resolution No.
2007-206.
22.
Approve Application and Certificate for Payment No. 1 in the amount of
$54,892.62 submitted by Concrete Workers and approved by Miller &
Associates for the Cemetery Paving 2007 Project and approve Resolution No.
2007-207.
*
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. 7381 – Repeal Ordinance No. 7361 and correct the legal
description to sell the vacated east 17 feet of Avenue E as it abuts the south
30 feet of Lot 1, Westerbuhr Addition, an addition to the City of Kearney,
Buffalo County, Nebraska, now vacated and being part of Lot 1758, Original Town
of Kearney Junction now the City of Kearney, Buffalo County, Nebraska.
2.
ORDINANCE NO. 7382 – Amend Section 9-1016 “Uniform Plumbing Code; Adopted” of
Article 10 “Plumbing Code” of Division I “Uniform Plumbing Code” of Chapter 9
“Public Works” of the Code of the City of Kearney to adopt the Uniform Plumbing
Code, 2006 Edition, to delete the reference to Appendix H–Procedures for Sizing
Grease Interceptors, to delete the reference to Appendix G–Graywater Systems,
to delete the reference to Appendix J–Reclaimed Water Systems; to amend Section
9-1017 “Amendments to Uniform Plumbing Code” of Article 10 “Plumbing Code” of
Division I “Uniform Plumbing Code” of Chapter 9 “Public Works” of the Code of
the City of Kearney to adopt the Uniform Plumbing Code, 2006 Edition; to amend
Section 9-1018 “Septic Systems and Leach Fields” of Article 10 “Plumbing Code”
of Division I “Uniform Plumbing Code” of Chapter 9 “Public Works” of the Code
of the City of Kearney to adopt the Uniform Plumbing Code, 2006 Edition; to
amend Section 9-1042 “Specialty Plumber Classifications” of Article 10
“Plumbing Code” of Division III “Licensing and Regulation of Plumbers” of
Chapter 9 “Public Works” of the Code of the City of Kearney to adopt the
Uniform Plumbing Code, 2006 Edition; to amend Section 9-1044 “Application for
Registration” of Article 10 “Plumbing Code” of Division III “Licensing and
Regulation of Plumbers” of Chapter 9 “Public Works” of the Code of the City of
Kearney to provide registration to run concurrently with licenses expiring on
the last day of January of the second year following the date of issuance and
shall not be assignable; and to amend Section 9-1050 “Expiration of Licenses”
of Article 10 “Plumbing Code” of Division III “Licensing and Regulation of
Plumbers” of Chapter 9 “Public Works” of the Code of the City of Kearney to
provide licenses expiring on the last day of January of the second year
following the date of issuance and shall not be assignable.
VI REGULAR
AGENDA
1.
TABLED SEPTEMBER 11, 2007. ORDINANCE NO. 7383 – Amend Section 21-102
“Site Development Regulations” of Chapter 21, “District R-3, Urban Residential
Multi-Family District (Medium Density)” of the Code of the City of Kearney and
Section 22-102 “Site Development
Regulations” of Chapter 22, “District R-4, Urban Residential Multi-Family
District (High Density)” of the Code of the City of Kearney to allow townhouse
development on fee simple lots.
2.
REMAIN ON TABLE UNTIL OCTOBER 9, 2007. ORDINANCE NO. 7376 – Rezone
from “District AG, Agricultural District” to “District C-2, Community
Commercial District” containing 8.74 acres, more or less AND to “District
R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned
Development Overlay District” property described as part of the Northeast
Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West
of 6th P.M., containing 9.73 acres, more or less, Buffalo County, Nebraska
(south of 56th Street, west of 2nd Avenue and east of 17th Avenue). (Pertains
to Public Hearing 2)
3.
Consider the application for
Corporate Manager of Roland Whitney submitted by Eagles Fraternal Order 2722 in
connection with their Class C-11097 liquor license located at 17 West 24th
Street.
4.
Consider the bids received for the Northwest Well Field Improvements – Phase
III (Water Conditioning Facility and Control System) and approve Resolution No.
2007-208 awarding the bid to Eriksen Construction from Blair, Nebraska in the
amount of $410,900.00 for the construction of the Water Conditioning Facility
and rejecting the bids received for the Control System and authorize
re-advertising the Control System.
5.
Consider the bids received for the purchase and installation of dasher boards
for an inline hockey rink to be located at Apollo Park from Premier Rinks, dba
Athletica in the amount of $24,850.00 and approve Resolution No. 2007-209.
6.
Consider the Agreement between the City of Kearney and the Nebraska Department
of Roads for the construction of 50 blocks of sidewalks in the Kenwood
Elementary area and to place digital speed readers at the intersection of 5th
Avenue and 11th Street in connection with the Safe Routes to School Program and
approve Resolution No. 2007-210.
7.
SECOND READING OF 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.
8.
FIRST READING OF ORDINANCE NO. 7384 – 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 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.
9.
Open Account Claims: NPPD - $93,603.68, Platte Valley State Bank -
$41,529.42
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