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KEARNEY CITY COUNCIL

AGENDA

City Council Chambers, 18 East 22nd Street

January 8, 2008

7:00 p.m.

 

I  ROUTINE BUSINESS

 

1.         Invocation (President or Designee of KMA);

            Pastor Sam Rathod, Faith United Methodist Church

 

2.         Pledge of Allegiance.

 

3.         Announcement on Open Meetings Act.

 

4.         Roll call.

 

5.         Oral Communication - Recognition of visitors;

            Presentation by the National Guard

 

II  UNFINISHED BUSINESS

 

None.

 

III  PUBLIC HEARINGS

 

1.         WITHDRAWN BY APPLICANT. Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for 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.

 

2.         REMAIN ON TABLE UNTIL JANUARY 22, 2008. Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Ryan Page for New West Properties, LLC (Owner) for the Final Plat for “New West Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of Lot 2, (to be vacated) Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) and approve Resolution No. 2007-248.

 

3.         REMAIN ON TABLE UNTIL JANUARY 22, 2008. Conduct a public hearing on the Application submitted by Ryan Page for NWBC, LLC (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical office facility on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as part of Lot 2, (to be vacated) Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) and approve Resolution No. 2007-249.

 

4.         WITHDRAWN BY APPLICANT.  Conduct a public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering to amend Table 14-1 “Use Matrix” of Chapter 14 “Zoning District Regulations” of the Code of the City of Kearney to discuss amending the Civic Use Type to allow both “Group Care Facility” and “Secondary Education” as permitted uses in District AG, Agricultural District.

 

5.         Conduct a public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) and Antelope Park Estates, Richard D. Wilson, Trustee, and Donna M. Wilson, Trustee for the I Believe in Me Ranch (Owner) for a Conditional Use Permit to locate a combination of both a primary and secondary educational facility on property zoned “District AG, Agricultural District” and described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 9 North, Range 15 West of the 6th P.M., containing 22.113 acres, more or less, of which 1.39 acres, more or less, are presently being used for road purposes on the south and west sides, all in Buffalo County, Nebraska (northeast corner of 92nd Street and Antelope Avenue).

 

6.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Starostka Group Unlimited (Owner) to rezone from “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” to “District R-1, Urban Residential Single-Family District (Low Density) District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated east 7.0 feet of Avenue I abutting said lot on the west, the vacated north 7.0 feet of 14th Street abutting said lot and said portion of Avenue I (above mentioned) on the south, the vacated south 7.0 feet of 15th Street abutting said lot and said portion of Avenue I (above mentioned) on the north, and the vacated west 7.0 feet of Avenue K abutting said lot and said portions of 14th Street and 15th Street (above mentioned) on the east, EXCEPT, however, the following described tract: the north 80.0 feet of the east half of Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated west 7.0 feet of Avenue K abutting said north 80.0 feet of Lot 1616 on the east and the vacated south 7.0 feet of 15th Street abutting said east half of Lot 1616 and said portion of Avenue K (above mentioned) on the north (between 14th Street and 15th Street and Avenue I and Avenue K).

 

7.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Starostka Group Unlimited and Heritage Bank, Trustee and Beneficiary under Deed of Trust (Owner) for the Final Plat for “Hammer Park Estates Second”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated east 7.0 feet of Avenue I abutting said lot on the west, the vacated north 7.0 feet of 14th Street abutting said lot and said portion of Avenue I (above mentioned) on the south, the vacated south 7.0 feet of 15th Street abutting said lot and said portion of Avenue I (above mentioned) on the north, and the vacated west 7.0 feet of Avenue K abutting said lot and said portions of 14th Street and 15th Street (above mentioned) on the east, EXCEPT, however, the following described tract: the north 80.0 feet of the east half of Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated west 7.0 feet of Avenue K abutting said north 80.0 feet of Lot 1616 on the east and the vacated south 7.0 feet of 15th Street abutting said east half of Lot 1616 and said portion of Avenue K (above mentioned) on the north (between 14th Street and 15th Street and Avenue I and Avenue K) and approve Resolution No. 2008-1.

 

8.         Conduct a public hearing on the Application for a Class B-79434 liquor license submitted by BOSSELMAN, INC., dba “Pump & Pantry #40” located at 1616 2nd Avenue, approve the Manager Application for Joleen Linder, and approve Resolution No. 2008-2.

 

9.         Conduct a public hearing on the Application for a Class B-79474 liquor license submitted by BOSSELMAN, INC., dba “Pump & Pantry #41” located at 1212 East 56th Street, approve the Manager Application for Joleen Linder, and approve Resolution No. 2008-3.

 

IV  CONSENT AGENDA  *

 

1.         Approve Minutes of Regular Meeting held December 26, 2007.

 

2.         Approve the Claims.

 

*           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.         REMAIN ON TABLE UNTIL JANUARY 22, 2008.  ORDINANCE NO. 7402 – Vacate part of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street). (Pertains to Public Hearings 2 and 3)

 

2.         ORDINANCE NO. 7410 – Grant a Conditional Use Permit to Richard D. Wilson, Trustee, and Donna M. Wilson, Trustee for the I Believe in Me Ranch to locate a combination of both a primary and secondary educational facility on property zoned “District AG, Agricultural District” and described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 9 North, Range 15 West of the 6th P.M., containing 22.113 acres, more or less, of which 1.39 acres, more or less, are presently being used for road purposes on the south and west sides, all in Buffalo County, Nebraska (northeast corner of 92nd Street and Antelope Avenue). (Pertains to Public Hearing 5)

 

3.         ORDINANCE NO. 7411 – Vacate Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska except the north 80 feet of the East Half of said Lot 1616. (Pertains to Public Hearing 6)

 

4.         ORDINANCE NO. 7412 – Rezone from “District R-2/PD, Urban Residential Mixed-Density/ Planned Development Overlay District” to “District R-1, Urban Residential Single-Family District (Low Density) District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated east 7.0 feet of Avenue I abutting said lot on the west, the vacated north 7.0 feet of 14th Street abutting said lot and said portion of Avenue I (above mentioned) on the south, the vacated south 7.0 feet of 15th Street abutting said lot and said portion of Avenue I (above mentioned) on the north, and the vacated west 7.0 feet of Avenue K abutting said lot and said portions of 14th Street and 15th Street (above mentioned) on the east, EXCEPT, however, the following described tract: the north 80.0 feet of the east half of Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated west 7.0 feet of Avenue K abutting said north 80.0 feet of Lot 1616 on the east and the vacated south 7.0 feet of 15th Street abutting said east half of Lot 1616 and said portion of Avenue K (above mentioned) on the north (between 14th Street and 15th Street and Avenue I and Avenue K). (Pertains to Public Hearing 6)

 

5.         Consider the Application for Manager for David Clark submitted by RT OMAHA FRANCHISE, LLC, dba “Ruby Tuesday” located at 108 1st Avenue Place in connection with their Class I-70404 liquor license.

 

6.         ORDINANCE NO. 7413 – Sale a tract of land located in the North Half of Section 33, Township 9 North, Range 15 East of the 6t P.M., Buffalo County, Nebraska being more particularly described as follows: referring to the North Quarter corner of said Section 33; thence N89°49’55”E (assumed bearing) on the north line of said Section 33 a distance of 71.36 feet to a point on the west right-of-way line of existing Airport Road, said point being the point of beginning; thence continuing N89°49’55”E on said north line of Section 33 a distance of 535.17 feet; thence S16°32’01”E a distance if 755.33 feet; thence S15°56”00”W a distance of 383.80 feet to a point on the north right-of-way line of Highway 30; thence on said north right-of-way line of Highway 30 for the next two courses: (1) S75°18’33”W a distance of 846.0 feet and (2) S73°30’33”W a distance of 518.83 feet to a point on said west right-of-way line of existing Airport Road; thence N07°25’33”E on said west right-of-way line of existing Airport Road a distance of 1333.86 feet to the point of beginning, containing 20.39 acres, more or less, Buffalo County, Nebraska.

 

7.         Consider the Interlocal Agreement between the City of Kearney and the County of Buffalo, Nebraska for the relocation financing of Airport Road in connection with the proposed expansion at Baldwin Filters and approve Resolution No. 2008-4.

 

8.         Consider the Developer Infrastructure Agreement between the City of Kearney and Baldwin Filters, County of Buffalo, and the Buffalo County Economic Development Council for the proposed expansion at Baldwin Filters and approve Resolution No. 2008-5.

 

9.         Open Account Claims:  NPPD - $1,999.15, Platte Valley State Bank - $44,203.58

 

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