KEARNEY CITY
COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
January 9, 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 KVFD Service Awards: Steve Johnson – 15 years, Brad Williams – 10 years, and
Bob Reineke – 5 years.
II UNFINISHED
BUSINESS
None.
III PUBLIC
HEARINGS
1.
Conduct a public hearing on the Application submitted by Mitch Humphrey for
Buffalo Surveying (Applicant) and Tim Norwood for Camron, 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 East Half of the Southwest Quarter all located in
Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 4.39
acres, more or less, Buffalo County, Nebraska (north of 56th Street and east of
Eastbrooke Drive).
2.
Conduct a public hearing on the Application submitted by Mitch Humphrey for
Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for
final plat and Subdivision Agreement approval for “EASTBROOKE NINTH” an
addition to the City of Kearney, Buffalo County, Nebraska for property
described as a tract of land being part of the East Half of the Southwest
Quarter all located in Section 19, Township 9 North, Range 15 West of the 6th
P.M., containing 4.39 acres, more or less, Buffalo County, Nebraska (north of
56th Street and east of Eastbrooke Drive) and approve Resolution No. 2007-1.
3.
Conduct a public hearing on the Application submitted by Mitch Humphrey for
Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for the
inclusion into the City limits of “EASTBROOKE NINTH” an addition to the City of
Kearney, Buffalo County, Nebraska for property described as a tract of land
being part of the East Half of the Southwest Quarter all located in Section 19,
Township 9 North, Range 15 West of the 6th P.M., containing 4.39 acres, more or
less, Buffalo County, Nebraska (north of 56th Street and east of Eastbrooke
Drive) and approve Resolution No. 2007-2.
4.
Conduct a public hearing on the Application submitted by Trenton Snow
(Applicant) for Robert and Georgia Byrn (Owner) to rezone from “District AG,
Agricultural District” to “District RR-1, Rural Residential District (Rural
Standards)” property described as a tract of land being part of the West Half
of the Northwest Quarter of Section 29, Township 9 North, Range 16 West of the
6th P.M., containing 3.98 acres, more or less, of which 0.376 acres, more or
less, are presently being used for road purposes, Buffalo County, Nebraska
(5355 Cottonmill Avenue).
5.
Conduct a public hearing on the Application submitted by Trenton Snow
(Applicant) for Robert and Georgia Byrn (Owner) for final plat approval for
“BYRN SUBDIVISION” a subdivision of Buffalo County, Nebraska for property
described as being part of the West Half of the Northwest Quarter of Section
29, Township 9 North, Range 16 West of the 6th P.M., containing 3.98 acres,
more or less, of which 0.376 acres, more or less, are presently being used for
road purposes, Buffalo County, Nebraska (5355 Cottonmill Avenue) and approve
Resolution No. 2007-3.
6.
Conduct a public hearing on the Application for a Catering License submitted by
CONCORD NEIGHBORHOOD CORPORATION, dba “Applebee’s Neighborhood Grill & Bar”
in connection with their Class I-55213 liquor license located at 5605 2nd
Avenue and approve Resolution No. 2007-4.
7.
Conduct a public hearing on the proposed acquisition for right-of-way purposes
in connection with 2007 Part I Improvements – 39th Street and 2nd Avenue
Traffic Signalization and Turn Lane Improvements which consists of Paving
Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the
east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition of the
following tracts of land and to approve Resolution No. 2007-5:
TRACT 1 – NEW RIGHT-OF-WAY
A tract of land being part of Oran’s Addition to the City of Kearney, Buffalo
County, Nebraska, as the same is located and laid out on the Southwest Quarter
of the Southwest Quarter of Section 25, Township 9 North, Range 16 West of the
6th P.M., Buffalo County, Nebraska and more particularly described as follows:
beginning at the southeast corner of Oran’s Addition said point being on the
north line of 39th Street, a street in the City of Kearney and 33.0 feet north
of the south line of said Section 25; thence northerly on the east line of
Oran’s Addition, a distance of 28.52 feet; thence deflecting left 84°25’ a
distance of 65.25 feet to a point 35.0 feet north of the north line of 39th
Street; thence deflecting left 95°42’ a distance of 9.5 feet to a point 25.5
feet north of the north line of said 39th Street; thence deflecting right
90°00’ and parallel with the north line of the aforesaid 39th Street a distance
of 156.0 feet; thence deflecting right of 04°02’ a distance of 6.27 feet;
thence deflecting right 85°58’ a distance of 16.56 feet; thence deflecting left
90°00’ a distance of 28.73 feet; thence deflecting right 54°31’ a distance of
4.16 feet to a point on the existing highway right-of-way; thence southwesterly
and on said highway right-of-way a distance of 49.91 feet to a point on the
north line of 39th Street; thence easterly on the aforesaid north line of 39th
Street a distance of 259.67 feet to the point of beginning, containing 7,560
square feet (0.17 acres) more or less, all in Buffalo County, Nebraska.
TRACT 2 – NEW RIGHT-OF-WAY
A tract of land being part of Lots 15 and 16, Baker’s Subdivision of Lot 60,
Northwest Quarter School Section Addition to the City of Kearney, Buffalo
County, Nebraska more particularly described as follows: referring to the
northwest corner of said Lot 15; thence southerly on the west line of said Lot
15 a distance of 19.97 feet to the point of beginning; thence continuing
southerly on said west line a distance of 90.03 feet to a point on the south
line of the north 110 feet of Lot 15; thence easterly on said south line a
distance of 8.58 feet; thence northerly parallel with the west line of said Lot
15 a distance of 67.28 feet; thence easterly parallel with the north line of
said Lot 15 a distance of 0.9 feet; thence deflecting left 72°12; a distance of
22.26 feet to a point 21.53 feet southerly of as measured perpendicular to the
north line of Lot 15; thence deflecting right 72°12’ and running easterly
parallel with said north line a distance of 7.86 feet; thence deflecting left
45°00’ a distance of 3.79 feet; thence deflecting left 45°00’ a distance of 5.4
feet; thence deflecting right 38°20’ a distance of 4.68 feet; thence deflecting
right 25°46’ a distance of 15.42 feet to a point on the west line of said Lot
16, said point being 2.2 feet south of the northwest corner of said Lot 16;
thence continuing on the aforedescribed course a distance of 4.55 feet to a
point on the north line of said Lot 16, said point being 47.0 feet
easterly of the northwest corner of said Lot 15; thence westerly on the
north line of Lot 15 and Lot 16 a distance of 13.15 feet; thence deflecting
left 30°30’ and leaving the aforesaid north line a distance of 39.34 feet to
the point of beginning, containing 1,201 square feet (0.03 acres) more or less,
all in Buffalo County, Nebraska.
IV CONSENT
AGENDA *
1.
Approve Minutes of Regular Meeting held December 26, 2006.
2.
Approve the Claims.
3.
Approve Change Order No. 1 showing an increase for 15 additional working days
submitted by Kayton Electric, Inc. 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. 2007-6.
4.
Accept the Warranty Deed granted to the City of Kearney by Jeremiah and Denise
Quintin for a tract of land being the north 12.5 feet of Lot 142 and the south
half of Lot 143, Original Town of Kearney Junction now the City of Kearney,
Buffalo County, Nebraska (2219 Avenue A) and approve Resolution No. 2007-7.
5.
Approve Change Order No. 2 showing a decrease in the amount of $5,988.10,
Application and Certificate for Payment No. 3-Final in the amount of
$39,698.54, and the Certificate of Substantial Completion submitted by Midlands
Contracting, Inc. and approved by Miller & Associates for the 2006 Part III
Improvements – Bid A consisting of Water District No. 2006-543 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; Water District No.
2006-544 for 17th Avenue from 14th Street south to 11th Street; Sewer District
No. 2006-486 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; Sewer District No. 2006-487 for 17th Avenue from 14th Street
south to 11th Street and approve Resolution No. 2007-8.
6.
Approve the Developer Constructed Infrastructure Agreement for paving, water
and sewer improvements in 36th Street Place for Brandt’s Hillside Estates
between the City of Kearney and James Gregory Brandt, Sr. and Tamara S. Brandt
and approve Resolution No. 2007-9.
7.
Approve the recommendation submitted by the Fire Chief to include the following
as members of the Kearney Volunteer Fire Department: Gary Davenport,
Stuart Hostetler, Ryan Knaus, and Rob Van Horn and approve Resolution No.
2007-10.
8.
Approve the Developer Constructed Infrastructure Agreement for paving, water
and sewer improvements to serve Eastbrooke Ninth between the City of Kearney
and Camron, Inc. and approve Resolution No. 2007-11.
*
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.
ORDINANCE NO. 7315 – 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 East Half of the Southwest
Quarter all located in Section 19, Township 9 North, Range 15 West of the 6th
P.M., containing 4.39 acres, more or less, Buffalo County, Nebraska (north of
56th Street and east of Eastbrooke Drive). (Pertains to Public Hearing
1)
2.
ORDINANCE NO. 7316 – Rezone from “District AG, Agricultural District” to
“District RR-1, Rural Residential District (Rural Standards)” property
described as a tract of land being part of the West Half of the Northwest
Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M.,
containing 3.98 acres, more or less, of which 0.376 acres, more or less, are
presently being used for road purposes, Buffalo County, Nebraska (5355
Cottonmill Avenue). (Pertains to Public Hearing 4)
3.
Open Account Claims: Platte Valley State Bank - $41,191.65; School
District #7 - $1,599.39
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
IV CONSENT
AGENDA *
9. Approve
the Developer Constructed Infrastructure Agreement for paving, water and sewer
improvements Grandwest, LLC for Lots 1 through 27 of Block 1, Lots 1 through 9
of Block Two, Lots 1 through 6 of Block 3, Lots 1 through 4 of Block 4, Lots 1
through 14 of Block 5, Lots 1 through 6 of Block 6, and Outlot A, all in Fountain
Hills First Addition and approve Resolution No. 2007-12.
10. Approve
the application for a Special Designated License submitted by BARISTA COMPANY,
dba “Barista’s Daily Grind” in connection with their Class I-64662 liquor
license to dispense wine inside the Museum of Nebraska Art, 2401 Central Avenue
on January 21, 2007 from 4:00 p.m. until 9:00 p.m.