City of Kearney - Home Page

Go To Search

CITY OF KEARNEY
18 East 22nd St.
Kearney, Nebraska 68847
Ph: (308) 233-3215
 

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

KEARNEY CITY COUNCIL

AGENDA

City Council Chambers, 18 East 22nd Street

November 13, 2007

7:00 p.m.

 

I  ROUTINE BUSINESS

 

1.         Invocation (President or Designee of KMA); Father Torpey, St. James Catholic 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.         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).

 

2.         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).

 

3.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) to 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).

 

4.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank (Owner) for approval of the Final Plat for “Stoneridge Eighth Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for 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., Buffalo County, Nebraska and part of Lot 4 (now vacated), Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 23.69 acres, more or less, all in Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street west of the intersection of Avenue L and Eastbrooke Drive) and approve Resolution No. 2007-230.

 

5.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank (Owner) for the annexation of “Stoneridge Eighth Addition” an addition to the City of Kearney, Buffalo County, Nebraska for 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., Buffalo County, Nebraska and part of Lot 4 (now vacated), Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 23.69 acres, more or less, all in Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street west of the intersection of Avenue L and Eastbrooke Drive) and approve Resolution No. 2007-231.

 

6.         TABLED UNTIL NOVEMBER 27, 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).

 

7.         TABLED UNTIL NOVEMBER 27, 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).

 

8.         TABLED UNTIL NOVEMBER 27, 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).

 

9.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for M.J. and Janis Schultz (Owner) to 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).

 

10.        Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for M.J. and Janis Schultz (Owner) for Planned District Development Plan Approval for the construction of a business office facility on property to be zoned “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” and described as Lots 1448, 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) and approve Resolution No. 2007-232.

 

IV  CONSENT AGENDA  *

 

1.         Approve Minutes of Regular Meeting held October 23, 2007.

 

2.         Approve the Claims.

 

3.         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.

 

4.         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.

 

5.         Approve the request submitted by the Downtown Improvement Board as follows: (1) place Santa’s house in front of Nelson’s Furniture, 2109 Central Avenue from November 19, 2007 until December 31, 2007; (2) hang garland and lights on Central Avenue light poles from November 19 through December 31, 2007; (3) Agreement to block off three parking stalls in front of Annie Kay and Company, 2201 Central Avenue for Santa’s reindeer and sleigh on November 29, 2007 from 8:00 a.m. until 9:00 p.m.; (4) Agreement to block off three parking stalls in front of Time for Baby, 2123 Central Avenue to sell popcorn on November 29, 2007 from 8:00 a.m. until 9:00 p.m. and (5) Agreement to block off six parking stalls in front of the Kearney Hub, 13 East 22nd Street on November 29, 2007 from 8:00 a.m. until 9:00 p.m. for hayrack rides through downtown Kearney.

 

6.         Approve the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department:  Toby Badura, Eric Bayley, Chris Carlsen, Daniel Morse, Sean Puls, and J. Paul Younes and approve Resolution No. 2007-235.

 

7.         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 Ag Pavilion and the Exposition Center at the Buffalo County Fairgrounds located at the 3807 Avenue N on December 14 and 15, 2007 from 8:00 a.m. until 1:00 a.m. each day for the Nebraska PBR Bull Riding event.

 

8.         Approve the Fire Training Center Lease with the Kearney Volunteer Fire Department and approve Resolution No. 2007-236.

 

9.         Approve the Agreement for Closure of Access and Reconstruction of Parking Area granted to the City of Kearney by owners of Units A through G of the Northridge Condominium in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908) and approve Resolution No. 2007-237.

 

*           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. 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.

 

VI  REGULAR AGENDA

 

1.         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 1)

 

2.         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 2)

 

3.         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). (Pertains to Public Hearing 3)

 

4.         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). (Pertains to Public Hearing 9)

 

5.         Consider the appeal submitted by Jerry Mitchell on the review and evaluation of site development features by Administration as it pertains to landscaping requirements for property zoned “District M-1, Limited Industrial District” and described as Lots 566 and 567, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska (2005 Avenue G) and approve Resolution No. 2007-238.

 

6.         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).

 

7.         Consider the appeal submitted by Paul Brungardt from Brungardt Engineering (Applicant) for NP Land Development, Inc. (Owner) on the review and evaluation of site development features by Administration as it pertains to landscaping requirements for property zoned “C-3, General Commercial District” and described as Lots 1732 through 1743, inclusive, 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) and approve Resolution No. 2007-239.

 

8.         Consider the Application for Deletion to Premise submitted by KEARNEY INVESTMENT CORP., dba “Holiday Inn/Captain’s Table” in connection with their Class CK-17964 liquor license located at 110 South 2nd Avenue. The description of licensed area only includes: Loper Hall, Conference Room, Ballrooms, Prefunction Area, Staterooms, Hotel Registration, Offices, Kitchen/Service Area, Restrooms next to Lobby and the internal hallways between these area.

 

9.         Consider the Settlement Agreement with NorthWestern Energy and to authorize the City Attorney to take necessary action to effectuate the implementation of the Settlement Agreement with NorthWestern and to seek the necessary approvals from the Nebraska Public Service Commission and approve Resolution No. 2007-240.

 

10.       Consider holding the regular Council meeting scheduled for December 25, 2007 to December 26, 2007 and approve Resolution No. 2007-241.

 

11.       Open Account Claims:  NPPD - $308.37, Platte Valley State Bank - $128,119.52.

 

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