KEARNEY CITY COUNCIL
AGENDA
City Council Chambers, 18 East 22nd
Street
March 13, 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.
II UNFINISHED BUSINESS
None.
III PUBLIC HEARINGS
1. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Greg Brandt Investments, LLC (Owner) for final plat
approval for “BRANDT-WHITNEY ADDITION” an addition to the City of Kearney,
Buffalo County, Nebraska for property described as Lots 7 through 12 inclusive
of Block 24, together with the vacated south half of 15th Street abutting said
Lot 12 on the north, except the east 8 feet of said Lots 7 through 12 inclusive
of Block 24, all in Kearney Land and Investment Company’s Choice Addition to
the City of Kearney, Buffalo County, Nebraska (east of 10th Avenue between 14th
Street and 15th Street) and approve Resolution No. 2007-32.
2. Conduct
a public hearing on the Application submitted by Paul Brungardt from Brungardt
Engineering (Applicant) for Ess of Kay, Inc. (Owner) for Planned District
Development Plan Approval for the construction of a movie theater complex on
property zoned “District C-2/PD, Community Commercial District/Planned
Development Overlay District and “District M-1/PD, Limited Industrial District/Planned
Development Overlay District” and described as a tract of land being a part of
Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range
16 West of the 6th P.M., containing 8.05 acres, more or less, Buffalo County,
Nebraska (300 3rd Avenue) and approve Resolution No. 2007-33.
3. Conduct
a public hearing on the Application submitted by NE COLORADO, INC., dba “Viaero
Wireless” (Applicant) and ZAN, LLC (Owner) for a Conditional Use Permit to
construct and locate a retail store, 195-foot self-supporting
telecommunications tower, backup generator, and a 9’x15’x8.5’ building to house
supporting electronic hardware on property zoned “District C-2, Community
Commercial District” and described as a tract of land being part of Lots 7 and
8 and part of the vacated street abutting Lot 8 on the west, all in Lincoln Way
Villa Plots, an addition to the City of Kearney, Buffalo County, Nebraska (1920
West 24th Street).
4. Conduct
a public hearing on the proposed amendments to the Official Zoning Map of the
City of Kearney to correct errors on the map and update the zoning of certain
parcels described as follows and to approve Resolution No. 2007-34:
·
Lot 7 of Block 1, Pollats Ponderosa from District RM, Mobile Home
Residential District to District RR-1, Rural Residential District (Rural
Standards);
·
All of Block 48; Lots 7, 8, 9, 10, 11, 12 of Block 49; Lots 7, 8,
9, 10, 11, 12 of Block 50; all of Block 55, Midway Land Company’s East Lawn
Addition AND a tract of land located in the Southeast Quarter of the Southwest
Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., and including
that portion of 27th Street from Grand Avenue to Avenue T; Avenue R, Avenue S,
Avenue T running north and south and running north of 27th Street to the half
block line of Block 49 and 50, except Heartland 4th Subdivision from District
M-1, Limited Industrial District to District RM, Mobile Home Residential
District;
·
Lot 10 of Block 42, including the railroad right-of-way abutting
the west side of said lot, Lots 1, 7, 8 of Block 45, including the railroad
right-of-way abutting the west side of said lots, all of Blocks 46 and 47,
Midway Land Company’s East Lawn Addition from District RM, Mobile Home
Residential District to District M-1, Limited Industrial District;
·
Lot 1010, Original Town of Kearney Junction from District M-1,
Limited Industrial District and District R-2, Urban Residential Mixed-Density
District to District M-2, General Industrial District;
·
Lots 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15 of Block 25,
Whitaker’s Grove Addition from District R-1, Urban Residential Single-Family
District to District M-1, Limited Industrial District;
·
Lots 1, 2, 3, 4, 5, 6 of Block 1; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 of Block 2, Evans
Subdivision from District RM, Mobile Home Residential District to District R-1,
Urban Residential Single-Family District;
·
Lots 1, 2, 3, 4, 5, 6, Fredericks Fourth Addition from District
R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay
District to District R-1, Urban Residential Single-Family District (Low
Density).
5. Conduct
a public hearing on the proposed acquisition for aviation purposes for the
Kearney Regional Airport as follows: A tract of land being all that part of the
Northeast Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M.,
lying south of the right-of-way of the Union Pacific Railroad Company, Buffalo
County, Nebraska, containing 81.81 acres, according to the Government survey
thereof, EXCEPTING THEREFROM: A tract of land being part of the Southeast
Quarter of the Northeast Quarter of said Section 33, more particularly
described as follows: referring to the southeast corner of the Northeast
Quarter of Section 33; thence northerly on the east line of said Southeast
Quarter of the Northeast Quarter a distance 142.00 feet to the ACTUAL PLACE OF
BEGINNING; thence continuing northerly on the afore described course a distance
of 204.0 feet; thence westerly at right angles from the afore described course
a distance of 279.0 feet; thence southerly at right angles a distance of 204.00
feet; thence easterly at right angles a distance of 279.00 feet to the place of
beginning, containing 1.307 acres, more or less, of which 0.155 acres, more are
less are presently being used for road purposes on the east side, all located
in Buffalo County, Nebraska and approve Resolution No. 2007-35.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held February 27, 2007.
2. Approve
the Claims.
3. Approve
the application for a Special Designated License submitted by HI-BRAND KEARNEY,
INC. dba “Old Chicago” in connection with their Class IK-66969 catering liquor
license to dispense beer, wine and distilled spirits at the Great Platte River Road
Archway Monument, 3060 East 1st Street on April 14, 2007 from 2:00 p.m. until
1:00 a.m. for a wedding reception.
4. Approve
the application to extend Conditional Use Permit No. 1995-02 submitted to
Cathleen Headlee to locate a dog grooming business at 211 East 30th Street for
a period of one year.
5. Approve
the Agreement for the Acquisition of Property granted to the City of Kearney by
Michael and Laurie Hendrickson in connection with the 2007 Part I Improvements
– 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements
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. 2007-36.
6. Accept
the Warranty Deed granted to the City of Kearney by Michael and Laurie
Hendrickson in connection with the 2007 Part I Improvements – 39th Street and
2nd Avenue Traffic Signalization and Turn Lane Improvements 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. 2007-37.
7. Approve
the application for a Special Designated License submitted by BOULEE, LLC, dba
“Bico’s” in connection with their Class I-70918 to dispense beer and distilled
spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807
Avenue N on March 31, 2007 from 4:00 p.m. until 11:00 p.m. for the Pheasants
Forever Banquet.
8. Approve
Resolution No. 2007-38 allowing the City of Kearney to expend funds on the 2007
Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn
Lane Improvements and 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 to reimburse itself from the
proceeds of the Series 2007 General Obligation Bond Anticipation Notes.
9. Approve
the request submitted by the FirsTier Event Center, the Kearney Hub, and the
Kearney Volunteer Fire Department, in conjunction with Kidz Explore, to block
off the west end of Platte Road in front of the FirsTier Event Center, 609
Platte Road, on April 28, 2007 from 9:00 a.m. until 5:00 p.m. and on April 29,
2007 from 12:00 p.m. until 5:00 p.m.
10. Accept
the report from the City Clerk on the insufficiency of objection/protest filed
in connection with Ordinance No. 7320 creating Paving Improvement District No.
2007-915 for 14th Street from 6th Avenue to 9th Avenue, and Ordinance No. 7322
creating Paving Improvement District No. 2007-917 for 9th Avenue from 16th
Street to 19th Street.
11. Approve
the City of Kearney Municipal Facilities Naming/Renaming Policy and approve Resolution
No. 2007-39.
12. Approve
the Plans and Specifications for the 2006 Part IV, Phase II Improvements for
the construction of sidewalks where it currently does not exist as follows:
11th Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to
Avenue I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to
Avenue I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street
to 14th Street, Avenue G from 13th Street to 14th Street and set the bid
opening date for April 3, 2007 at 2:00 p.m.
13. Approve
the Plans and Specifications for the Cemetery Paving 2007 Project and set the
bid opening date for April 3, 2007 at 2:00 p.m.
14. Approve
the Agreement between the City of Kearney and the Omaha-Council Bluffs
Metropolitan Area Planning Agency to obtain digital map products and approve Resolution
No. 2007-40.
15. Approve
the Agreement for Services between the City of Kearney, the County of Buffalo
and the Economic Development Council of Buffalo County and approve Resolution
No. 2007-41.
* 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. 7328 – Amend Table 50-4: “Permitted Signs by Numbers, Dimensions, and
Location” of Chapter 50 “Sign Regulations” of the Unified Land Development
Ordinance of the Code of the City of Kearney to replace the language pertaining
to requirements for attached signs with regard to “District UC, Mixed Use Urban
Corridor District” and “District C-0, Office District” that was
mistakenly omitted when previously amended.
VI REGULAR AGENDA
1. ORDINANCE
NO. 7329 – Vacate Lots 7 through 12, inclusive, except the east eight feet
thereof, all in Block 24, Kearney Land and Investment Company’s Choice Addition
to the City of Kearney, Buffalo County, Nebraska (east on 10th Avenue and north
of 14th Street). (Pertains to Public Hearing 1)
2. ORDINANCE
NO. 7330 – Grant a Conditional Use Permit to NE COLORADO, INC., dba “Viaero Wireless”
(Applicant) and ZAN, LLC (Owner) to locate a retail store, 195-foot
self-supporting telecommunications tower, backup generator, and a 9’x15’x8.5’
building to house supporting electronic hardware on property zoned “District
C-2, Community Commercial District” and described as a tract of land being part
of Lots 7 and 8 and part of the vacated street abutting Lot 8 on the west, all
in Lincoln Way Villa Plots, an addition to the City of Kearney, Buffalo County,
Nebraska (1920 West 24th Street). (Pertains to Public Hearing 3)
3. TABLED
FEBRUARY 13, 2007. ORDINANCE NO. 7324 – Grant a non-exclusive franchise to
Cable Nebraska, LLC to install, operate, maintain or otherwise locate
telecommunication facilities in the public way within the City on certain poles
that are maintained as part of Kearney’s electrical system with Nebraska Public
Power District.
4. ORDINANCE
NO. 7331 – Vacate the 25-foot building setback line along the west property
line as platted on Lot 27 of Block 3, Kearney Plaza Third Subdivision, an
addition to the City of Kearney, Buffalo County, Nebraska (80 LaCross Drive).
5. Consider
submitting a Grant Application for funding the Safe Routes to School Program to
the Nebraska Department of Roads and approve Resolution No. 2007-42.
6. Consider
supporting LB 395 known as the “Nebraska Clean Indoor Air Act” and approve Resolution
No. 2007-43.
7. ORDINANCE
NO. 7332 – Amend Section 7-403 “Method of Selection” of Article 4 “Golf
Advisory Board” of Chapter 7 “Park & Recreation” to clarify the requirement
for appointment to the Board; to amend Section 7-404 “Terms” of Article 4 “Golf
Advisory Board” of Chapter 7 “Park & Recreation” to clarify the language;
to amend Section 7-406 “Officers” of Article 4 “Golf Advisory Board” of Chapter
7 “Park & Recreation” to elect the officers at the first meeting in August
and to provide that all members shall serve without compensation; to amend
Section 7-407 “Powers and Duties Generally” of Article 4 “Golf Advisory Board”
of Chapter 7 “Park & Recreation” to define the duties of the Golf Advisory
Board; to delete Section 7-408 “Powers” in its entirety and to add a new
Section 7-408 entitled “Participation” of Article 4 “Golf Advisory Board” of
Chapter 7 “Park & Recreation” to define the requirements for participation,
all in the Code of the City of Kearney.
8. Open
Account Claims: NPPD - $98.60, Platte Valley State Bank - $39,721.05, School
District #7 - $1,507.65
VII REPORTS
1. Presentation
of Access Kearney, the new software available to the citizens on City’s
web site.
2. Discuss
procedures concerning liquor licenses.
3. Discuss
implementation plan for compliance on handicapped parking.
4. Legislative
Update.
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