KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
March 27, 2007
7:00 p.m.
I ROUTINE BUSINESS
1. Invocation
(President or Designee of KMA).
2. Pledge
of Allegiance – Boy Scouts from Troop 36.
3. Announcement
on Open Meetings Act.
4. Roll
call.
5. Oral
Communication - Recognition of visitors.
II UNFINISHED BUSINESS
None.
III PUBLIC HEARINGS
1. TABLED
MARCH 13, 2007. 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).
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held March 13, 2007.
2. Approve
the Claims.
3. Receive
recommendations of Planning Commission and set April 10, 2007 at 7:00 p.m. as
date and time for hearing on those applications where applicable.
4. Approve
the request submitted by the UNK Loper Programming and Activities Council to
conduct the 5th Annual Fun 5K Race/Walk on April 21, 2007 beginning at 9:00
a.m. The route will begin at UNK Thomas Hall on campus, west on the sidewalk
parallel with 25th Street, north on the sidewalk of Lots 14a parallel with 15th
Avenue, east in the right lane of eastbound traffic on University Drive, south
on the sidewalk parallel with 9th Avenue, west on the sidewalk parallel with
25th Street, north and east in the right lane of the eastbound traffic on
University Drive (near softball fields), south into the northwest entrance to
the UNK Football field.
5. Approve
the application for a Special Designated License submitted by LEROY SMITH &
BARBARA YENDRA, dba "George Spencer Vineyard & Tasting Room" in
connection with their Class ID-62962 liquor license to dispense wine inside a
tent which will be enclosed by metal panels with green plastic outside fenced
area located in the parking lot located north of the Museum of Nebraska Art,
2401 Central Avenue, on May 5, 2007 from 10:00 a.m. until 10:00 p.m. for the
Nebraska Wine & Jazz Festival subject to the City receiving the required
Certificate of Insurance.
6. Approve
the application for a Special Designated License submitted by JOYCE SEARS, dba
“Cedar Hills Vineyard & Gardens” in connection with its Class C-73472
liquor license to dispense wine inside a tent which will be enclosed by metal
panels with green plastic outside fenced area located in the parking lot
located north of the Museum of Nebraska Art, 2401 Central Avenue, on May 4,
2007 from 3:00 p.m. until 10:00 p.m. for the Nebraska Wine & Jazz Festival subject
to the City receiving the required Certificate of Insurance.
7. Approve
the request submitted by the Kearney Police Department/Buffalo County Sheriff’s
Office to temporarily block off Avenue B from North Railroad Street to 21st
Street for the auto auction to be held on April 14, 2007 from 8:00 a.m. until
5:00 p.m.
8. Accept
the Warranty Deed granted to the City of Kearney by Arrowhead Village
Condominium in connection with 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. 2007-44.
9. Accept
the Warranty Deed granted to the City of Kearney by St. James Church in Kearney
in connection with 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. 2007-45.
10. Approve
Change Order No. 1 showing an increase in the amount of $10,884.84 and
Application and Certificate for Payment No. 2 in the amount of $25,420.36
submitted by Blessing, LLC and approved by Miller & Associates for the 2006
Part V Improvements – Bid B consisting of Paving Improvement District No.
2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce
Hollow Estates and approve Resolution No. 2007-46.
11. Approve
Change Order No. 2 showing an increase in the amount of $7,233.00 submitted by
Kayton Electric and approved by Kirkham Michael Consulting Engineers 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. 2007-47.
12. Approve
Application and Certificate for Payment No. 6 in the amount of $101,731.52
submitted by Sargent Irrigation, Inc. and approved by Miller & Associates
for the Northwest Well Field Development – Phase I (Municipal Water Wells) and
approve Resolution No. 2007-48.
13. 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 liquor license to dispense beer, wine and distilled spirits in the Chuckwagon
Room at the Great Platte River Road Archway Monument, 3060 East 1st Avenue, on May
2, 2007 from 5:00 p.m. until 10:00 p.m. for the Nebraska Economic Developers
Dinner.
14. 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
*
None.
VI REGULAR AGENDA
1. TABLED
MARCH 13, 2007. 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 1)
2. 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.
3. ORDINANCE
NO. 7333 – Amend Section 8-404 “Applicability to Semipublic, Privately Owned
Premises” of Article 4 “Administration and Enforcement” of Chapter 8 “Police”
to provide regulation and enforcement with regard to offenses committed upon
public and privately owned parking lots, parking areas in shopping centers and
similar semi-pubic or privately owned places within the limits of the City; to
add a new section entitled Section 9-1235 “Handicapped Parking Stalls” to
Article 12 “Streets and Sidewalks” of Chapter 9 “Public Works” to require
property owners to erect and maintain within any parking lots whether privately
owned or otherwise the number of handicapped parking stalls as required by the
Uniform Traffic Code.
4. ORDINANCE
NO. 7334 – Amend the Kearney City Code as follows: to amend Section 4-301 “Fire
Prevention Code; Adoption” to adopt the International Fire Code, 2006 Edition;
to amend Section 4-301.1 “Purpose” to clarify the language; to add a new section
entitled “International Fire Code; Amendments” to Article 3 “Fire Prevention
Code” of Chapter 4 “Fire Regulations” to adopt amendments to the International
Fire Code, 2006 Edition; to amend Section 4-303 “Fire Prevention Code; Open
Burning” to delete the language pertaining to bonfires; to delete in its
entirety Section 4-305 “Fire Prevention Code; Lumber Yards Restricted”; to
delete in its entirety Section 4-307 “Fire Prevention Code; Key Box”; to amend
Section 4-401 “Removal of Fire Damaged, Combustible Buildings; Required” of
Article 4 “Removal of Fire Damaged Combustible Buildings” of Chapter 4 “Fire
Regulations” to clarify the language and to define the penalty.
5. Consider
the request submitted by Kearney Gaming, LLC to operate the keno-type lottery
on behalf of the City of Kearney at Jersey’s Sports Bar & Grill located at
5012 3rd Avenue and approve Resolution No. 2007-49.
6. Open
Account Claims: NPPD - $49,867.76, Platte Valley State Bank - $40,950.11
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