KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
November 27, 2007
7:00 p.m.
I ROUTINE BUSINESS
1. Invocation
by Reverend Doug Shada, Cornerstone Berean 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. REMAIN
TABLED UNTIL DECEMBER 11, 2007. Conduct a public hearing on the Application
submitted by NE Colorado, Inc., dba Viaero Wireless (Applicant) and Firstier
Capital Corporation, dba Kearney Event Center, Inc. (Owner) for a Conditional
Use Permit to construct a 150-foot tall self supporting telecommunications
pole, a backup generator, a 1,000 gallon propane tank and space for two 9 foot by
15 foot by 8.5 foot tall concrete buildings (one current and one future) to
house electronic equipment on property zoned “District C-2/PD, Community
Commercial District/Planned Development Overlay District” and described as Lot
2, Broadfoot Third Addition to the City of Kearney, Buffalo County, Nebraska
(609 Platte Road).
2. TABLED
NOVEMBER 13, 2007. Conduct a public hearing on the Applications submitted by
F.M. and Marilyn Parker, Randall and Mary Fike, Edmund and Margaret Sizer,
Dustin Westerbeck, Michelle Graddy, James and Rita Weber, Matthew and Kimberly
Meister, Everett and Roxanne Aistrope, Darin and Lisa Messeure, Vern Plambeck,
Bernice Oran, Gerald and Jann Davidson, Todd and Jennie Halbert, John and
Darlene Smith, Randall and Mardi Pallas, Vernon and Eleanore Ward, Debbra
Conroy, Karen Park, Robert and Darlene Mitchell, Joshua Liljehorn, Dudley and
Barbara Friskopp, Larry and Kae Sawyer, Walter and Jennifer Martin, George and
Roxanne Bascom, Duane and Sherry Ruh, James Gallant Power of Attorney for Jean
Gallant, JoAnne Sawyer, Beverly Frickel, Kent and DeAnn Psota, J. Thomas and
Mary York, Richard and Juanita Cloyed, Ronald and Terri Ridgway, Michael and
Carney Marchand, Steven and Janet Anderson, Mary Beth Keenan, Donald and
Roberta McKenzie, Larry and Ruth Solomon, Jerry and Cynthia Foote, Thomas
Bright, Tracy and Jacqueline Burns, Ronald Landstrom, Seth Blank, Wanda Davis,
Arlette Neal, Mary Mendenhall, Thomas and Linda Martin, 24th Street
Development, Brent and McKenna Bieber, Jerry and Janet Fox, Elmer and Margaret
Holzichter, Rosalie Elder (Applicants and Owners) to rezone from “District R-3,
Urban Residential Multi-Family District (Medium Density) District” to “District
R-1, Urban Residential Single Family District” property described as follows:
the south half of Lot 2, all of Lot 3, part of Lots 4 and 5, all in Block 1,
West Addition; part of Lots 1, 2, 3, 4, 5, and all of Lot 6, all in Block 2,
West Addition; Lots 1, 2, 9, 11, 12, the east 55 feet of Lots 7 and 8, all in
Block 3, West Addition; Lots 1, 2, 3, 4, 12, part of Lots 8 and 9, all in Block
4, West Addition; the south 42 feet of Lot 3, all of Lots 4, 10, 11, 12, the
north 10 feet of Lot 5, the west 80 feet of Lots 7, 8, 9, all in Block 5, West
Addition; Lots 3, 4, 5, 6, the east 60 feet of Lots 7, 8, 9, all in Block 6,
West Addition; the west 45 feet of Lot 1, 2, 3, all of Lots 4, 5, 6, 7, 8, 9,
10, all in Block 7, West Addition; the east 35 feet of the west 90 feet of Lot
11, the east 35 feet of the west 90 feet of Lot 12, the east 50 feet of Lots 11
and 12, all in Block 10, West Addition; Lots 1 and 2, Hecht’s Subdivision; all
of Lots 1, 2, 3, the west half of Lot 4, the west half of the south half of Lot
5, the west 80 feet of Lot 6, the west 80 feet of the north half of Lot 5, all
in Block 1, Ashland Addition; part of Lots 1, 2, 3, together with the vacated
east half of the alley abutting said lots on the west, the east 93 1/3 feet of
Lot 3, the east 93 1/3 feet of the south 30 feet of Lot 2, the west 70 feet of
Lot 6, the west 70 feet of the north 20 feet of Lot 5, the east half of Lot 6,
the east half of the north 10 feet of Lot 5, all in Block 2, Ashland Addition;
the west half of Lots 1 and 2, the west half of Lot 12, the west half of the
north 39 feet of Lot 11, the east half of the south 34 feet of Lot 5, the east
half of Lot 6, all in Block 8, Ashland Addition; the south 86 feet of Lots 13
and 14, the west half of the south 86 feet of Lot 15, the north 44 feet of Lots
13 and 14, the north 44 feet of the west half of Lot 15, all of Lots 18, 19,
20, 21, 22, 23, 24, all in Block 60, Perkins & Harford’s Addition; Lot 20
and the west half of Lot 21 of Block 61, Perkins & Harford’s Addition; the
east 50 feet of Lot, all of Lots 9, 10, 11, 12, 13, 14 of Block 63, Perkins &
Harford’s Addition, all in the City of Kearney, Buffalo County, Nebraska (322,
323, 324, 417, 517, 521, 603 West 21st Street; 322, 512, 515, 612, 626 West
22nd Street; 403, 411, 417, 514, 524, 621, 703, 711 West 23rd Street; 501, 511,
523, 609, 624, 714, 720, 801, 805, 819 West 24th Street; 2112 3rd Avenue; 2100,
2108, 2112, 2114, 2208, 2216, 2220 4th Avenue; 2102, 2110, 2211, 2218, 2221,
2222, 2300, 2305, 2308 5th Avenue; 2109, 2209, 2220, 2303, 2304, 2309, 2310,
2411 6th Avenue).
3. TABLED NOVEMBER 13, 2007. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for an amendment
to the Land Use Map of the City of Kearney Comprehensive Development Plan from
“Agriculture/Open” to “Mixed Use 2” for property described as being part of the
Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North,
Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County,
Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side
of Highway 10) and approve Resolution No. 2007-242.
4. TABLED
NOVEMBER 13, 2007. Conduct a public hearing on the Application submitted by
Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine
Richter (Owner) to rezone from “District AG, Agricultural District” to
“District C-2/PD, Community Commercial District/Planned Development Overlay
District” for property described as being part of the Southeast Quarter of the
Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M.,
containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south
of the intersection of Highway 10/40 on the west side of Highway 10).
5. TABLED
NOVEMBER 13, 2007. Conduct a public hearing on the Application submitted by
Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine
Richter (Owner) for approval of the Final Plat and Subdivision Agreement for
“Elken Subdivision”, a subdivision of Buffalo County, Nebraska for property
described as being part of the Southeast Quarter of the Southeast Quarter of
Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres,
more or less, Buffalo County, Nebraska (1550 feet south of the intersection of
Highway 10/40 on the west side of Highway 10) and approve Resolution No. 2007-243.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held November 13, 2007.
2. Approve
the Claims.
3. Receive
recommendations of Planning Commission and set December 11, 2007 at 7:00 p.m.
as date and time for hearing on those applications where applicable.
4. TABLED
NOVEMBER 13, 2007. Approve the following Agricultural Leases at the Kearney
Regional Airport from January 1, 2008 until December 31, 2008: B & B
Bendfeldt Farms, L.L.C. and Brenda Bendfeldt (229 irrigated acres); David R.
Fleming (383 non-irrigated acres); David R. Fleming (272 irrigated acres);
Donald D. Hendrickson (347 irrigated acres and 11 non-irrigated acres); Gary
Henderson (34 irrigated acres); Lee Potter (62 irrigated acres); Thomas L.
Larsen and Theodore A. Larsen (127 under pivot irritation acres and 9
non-irrigated acres) and approve Resolution No. 2007-233.
5. TABLED
NOVEMBER 13, 2007. Approve the Grassland Lease with Ron Hendrickson (75
acres dry land hay) at the Kearney Regional Airport from January 1, 2008 until
December 31, 2008 and approve Resolution No. 2007-234.
6. Approve
the bid received from McNeilus
Truck & Mfg. in the amount of $188,251.00 for the purchase of a front
load refuse compactor truck used in the Sanitation Division of the Utilities
Department.
7. Approve
the bid received from McNeilus Truck & Mfg. in the amount of $210,750.00
for the purchase of a side load refuse compactor truck used in the Sanitation
Division of the Utilities Department.
8. Approve
Change Order No. 4 showing an increase in the amount of $22,983.33, Application
and Certificate for Payment No. 8 in the amount of $374,791.75 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. 2007-244.
9. Approve
Application and Certificate for Payment No. 14 in the amount of $115,677.06
submitted by Sargent Drilling Co. and approved by Miller & Associates for
the Northwest Well Field Improvements – Phase I (Municipal Water Wells) and
approve Resolution No. 2007-245.
10. Approve
the proposal received from Hill Construction for the purchase and removal of
the Cottonmill House and authorize the City Manager to execute the Agreement
and approve Resolution No. 2007-246.
11. Approve
the application to extend Conditional Use Permit No. 2001-03 granted to Beadle,
LLC to locate a resource extraction and stock piling operation located ¾ mile
north of 56th Street on the west side of Avenue N for a period of one year.
12. Approve
the application for a Special Designated License submitted by BOULEE, LLC, dba
“Bico’s Sports Bar & Grill” in connection with their Class I-70918 liquor
license to dispense beer, wine and distilled spirits in the Extension Building
at the Buffalo County Fairgrounds located at 1300 East 34th Street on December
28, 2007 from 4:00 p.m. until 1:00 a.m. for a wedding 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
*
1. FIRST
READING ON NOVEMBER 13, 2007. ORDINANCE NO. 7392 – Repeal Ordinance No.
7373 and classify the officers and employees of the City; fix the ranges of
compensation of such officers and employees; establish the hours and work
period for overtime eligibility; provide for payments of clothing and/or
uniform allowances; provide for payment of vehicle allowance; and provide for
payment of cell phone allowance.
2. FIRST
READING ON NOVEMBER 13, 2007. ORDINANCE NO. 7395 – 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 24, Township 9 North, Range 16 West of the 6th
P.M., containing 47.82 acres, more or less, Buffalo County, Nebraska and to
“District C‑O, Office District” property described as a tract of land
being part of the Southeast Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., containing 6.17 acres, more or less, Buffalo County,
Nebraska (north of the intersection of Avenue K and 56th Street west of the
intersection of Avenue L and Eastbrooke Drive).
3. FIRST
READING ON NOVEMBER 13, 2007. ORDINANCE NO. 7396 – Rezone from “District
M-1, Limited Industrial District” to “District CBD/PD, Kearney Center Mixed Use
District/Planned Development Overlay District” for property described as Lot
1448, Original Town of Kearney Junction now the City of Kearney, Buffalo
County, Nebraska and from “District R-2, Urban Residential Mixed-Density
District” to “District CBD/PD, Kearney Center Mixed Use District/Planned
Development Overlay District” for property described as Lots 1449, 1450, 1451,
Original Town of Kearney Junction now the City of Kearney, Buffalo County,
Nebraska (north of 15th Street lying between Central Avenue and Avenue A).
4. FIRST
READING ON NOVEMBER 13, 2007. ORDINANCE NO. 7397 – Vacate the 20-foot wide
alley located west of Lots 1732 through 1737, inclusive, and east of Lots 1738
through 1743, inclusive, all in Original Town of Kearney Junction, now the City
of Kearney, Buffalo County, Nebraska (south of 14th Street, North of 13th
Street, west of 1st Avenue and east of 2nd Avenue).
5. ORDINANCE
NO. 7398 – Repeal in its entirety the following: Section 3-1820 “Schedule;
Bingo” of Article 18 “Occupation, Business and Other Taxes”; Section 3-2601
“Licensed Organization; Defined”; Section 3-2602 “Compliance with Ordinances of
City”; Section 3-2605 “Use of Tax Proceeds”; Section 2606 “Permit; Required”;
Section 3-2607 “Permit; When Not to be Issued”; Section 3-2608 “Permit;
Application”; Section 3-2609 “Permit; Fee”; Section 3-2610 “Permit;
Expiration”; Section 3-2611 “Permit; Display”; and Section 3-2612 “Permit;
Suspension or Revocation” all in Article 26 “Bingo” of Chapter 3 “Business
Regulations” of the Code of the City of Kearney; to amend Section 3-2604
“Filing of Copies of Certain Information” of Article 26 “Bingo” of Chapter 3
“Business Regulations” of the Code of the City of Kearney to clarify the filing
of information.
6. ORDINANCE
NO. 7399 – Grant to SourceGas Distribution, LLC the non-exclusive right and
privilege to construct, maintain and operate a system for the transmission,
transportation, distribution and sale of natural gas in the City of Kearney.
VI REGULAR AGENDA
1. REMAIN
TABLED UNTIL DECEMBER 11, 2007. ORDINANCE NO. 7394 – Grant a Conditional
Use Permit to NE Colorado, Inc., dba Viaero Wireless (Applicant) and Firstier
Capital Corporation, dba Kearney Event Center, Inc. (Owner) to construct a
150-foot tall self supporting telecommunications pole, a backup generator, a
1,000 gallon propane tank and space for two 9 foot by 15 foot by 8.5 foot tall
concrete buildings (one current and one future) to house electronic equipment
on property zoned “District C-2/PD, Community Commercial District/Planned
Development Overlay District” and described as Lot 2, Broadfoot Third Addition
to the City of Kearney, Buffalo County, Nebraska (609 Platte Road). (Pertains
to Public Hearing 1)
2. TABLED
NOVEMBER 13, 2007. ORDINANCE NO. 7393 – Rezone from “District R-3, Urban
Residential Multi-Family District (Medium Density) District” to “District R-1,
Urban Residential Single Family District” property described as follows: the
south half of Lot 2, all of Lot 3, part of Lots 4 and 5, all in Block 1, West
Addition; part of Lots 1, 2, 3, 4, 5, and all of Lot 6, all in Block 2, West
Addition; Lots 1, 2, 9, 11, 12, the east 55 feet of Lots 7 and 8, all in Block
3, West Addition; Lots 1, 2, 3, 4, 12, part of Lots 8 and 9, all in Block 4,
West Addition; the south 42 feet of Lot 3, all of Lots 4, 10, 11, 12, the north
10 feet of Lot 5, the west 80 feet of Lots 7, 8, 9, all in Block 5, West
Addition; Lots 3, 4, 5, 6, the east 60 feet of Lots 7, 8, 9, all in Block 6,
West Addition; the west 45 feet of Lot 1, 2, 3, all of Lots 4, 5, 6, 7, 8, 9,
10, all in Block 7, West Addition; the east 35 feet of the west 90 feet of Lot
11, the east 35 feet of the west 90 feet of Lot 12, the east 50 feet of Lots 11
and 12, all in Block 10, West Addition; Lots 1 and 2, Hecht’s Subdivision; all
of Lots 1, 2, 3, the west half of Lot 4, the west half of the south half of Lot
5, the west 80 feet of Lot 6, the west 80 feet of the north half of Lot 5, all
in Block 1, Ashland Addition; part of Lots 1, 2, 3, together with the vacated
east half of the alley abutting said lots on the west, the east 93 1/3 feet of
Lot 3, the east 93 1/3 feet of the south 30 feet of Lot 2, the west 70 feet of
Lot 6, the west 70 feet of the north 20 feet of Lot 5, the east half of Lot 6,
the east half of the north 10 feet of Lot 5, all in Block 2, Ashland Addition;
the west half of Lots 1 and 2, the west half of Lot 12, the west half of the
north 39 feet of Lot 11, the east half of the south 34 feet of Lot 5, the east
half of Lot 6, all in Block 8, Ashland Addition; the south 86 feet of Lots 13
and 14, the west half of the south 86 feet of Lot 15, the north 44 feet of Lots
13 and 14, the north 44 feet of the west half of Lot 15, all of Lots 18, 19,
20, 21, 22, 23, 24, all in Block 60, Perkins & Harford’s Addition; Lot 20
and the west half of Lot 21 of Block 61, Perkins & Harford’s Addition; the
east 50 feet of Lot, all of Lots 9, 10, 11, 12, 13, 14 of Block 63, Perkins
& Harford’s Addition, all in the City of Kearney, Buffalo County, Nebraska
(322, 323, 324, 417, 517, 521, 603 West 21st Street; 322, 512, 515, 612, 626
West 22nd Street; 403, 411, 417, 514, 524, 621, 703, 711 West 23rd Street; 501,
511, 523, 609, 624, 714, 720, 801, 805, 819 West 24th Street; 2112 3rd Avenue;
2100, 2108, 2112, 2114, 2208, 2216, 2220 4th Avenue; 2102, 2110, 2211, 2218,
2221, 2222, 2300, 2305, 2308 5th Avenue; 2109, 2209, 2220, 2303, 2304, 2309,
2310, 2411 6th Avenue). (Pertains to Public Hearing 2)
3. ORDINANCE
NO. 7400 – Rezone from “District AG, Agricultural District” to “District
C-2/PD, Community Commercial District/Planned Development Overlay District” for
property described as being part of the Southeast Quarter of the Southeast
Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M., containing
5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south of the
intersection of Highway 10/40 on the west side of Highway 10). (Pertains to
Public Hearing 4)
4. Open
Account Claims: Horizon Middle School - $100.00, NPPD - $57,391.53, Platte
Valley State Bank - $42,855.15, School District #7 - $7,889.40
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