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KEARNEY CITY COUNCIL

AGENDA

City Council Chambers, 18 East 22nd Street

August 14, 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 for the Council to meet as a Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property in Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and approve Resolution No. 2007-146.

 

2.         Conduct a public hearing on the Application for a Class C-78045 Liquor License submitted by YQF FOOD, INC., dba “Hunan’s Chinese Restaurant” located at 305 West 11th Street, consider the Application for Corporate Manager of Qiu Fang Zhao and approve Resolution No. 2007-147.

 

3.         Conduct a public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for The School District of the City of Kearney, Buffalo County, Nebraska (Owner) for final plat approval for “GRANDVIEW ESTATES TENTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1 of Block 1 (to be vacated), Grandview Estates, an addition to the City of Kearney, Buffalo County, Nebraska, being part of the North Half of Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., containing 28.71 acres, more or less, Buffalo County, Nebraska (east of Sunrise Middle School, north of 45th Street and west of Avenue R) and approve Resolution No. 2007-148.

 

4.         Conduct a public hearing on the Application submitted by Casey’s General Store (Applicant and Owner) for Planned District Development Plan Approval for the construction of a storage shed on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Windsor Estates Second Addition to the City of Kearney, Buffalo County, Nebraska (607 West 39th Street) and approve Resolution No. 2007-149.

 

5.         Conduct a public hearing on the Application submitted by Richard Stacy from Miller & Associates (Applicant) for New Life Assembly (Owner) for final plat approval for “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1, High Plains Estates, a subdivision of Buffalo County, Nebraska (to be vacated); the west half of vacated 26th Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and all in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.42 acres, more or less, Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd Street) and approve Resolution No. 2007-150.

 

6.         Conduct a public hearing on the Application submitted by Richard Stacy from Miller & Associates (Applicant) for New Life Assembly (Owner) for the annexation of “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1, High Plains Estates, a subdivision of Buffalo County, Nebraska (to be vacated); the west half of vacated 26th Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and all in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.42 acres, more or less, Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd Street) and approve Resolution No. 2007-151.

 

7.         Conduct a public hearing on the Application submitted by Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) to rezone from “District C-2, Community Commercial District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” property described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue).

 

8.         Conduct a public hearing on the Application submitted by Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) for Planned District Development Plan Approval for the construction of an automotive sales/service facility on property to be zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue) and approve Resolution No. 2007-152.

 

9.         Conduct a public hearing on the Application submitted by Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) for a Conditional Use Permit to operate an automotive sales/service facility on property to be zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue).

 

10.        Conduct a public hearing on the application submitted by the City of Kearney/Buffalo County to the U.S. Department of Justice for a Justice Assistance Grant for the purchase of equipment to be used by the Kearney Police Department and the Buffalo County Sheriff’s Department and approve Resolution No. 2007-153.

 

IV  CONSENT AGENDA  *

 

1.         Approve Minutes of Special Meeting held July 12, 2007 and Minutes of Regular Meeting held July 24, 2007.

 

2.         Approve the Claims.

 

3.         Approve Change Order No. 1 showing an increase in the amount of $1,710.00, Application and Certificate for Payment No. 5-Final in the amount of $9,179.35 and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2006 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2006-913 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows and approve Resolution No. 2007-154.

 

4.         Approve the Technical and Professional Services Contract with Miller & Associates for management and supervision of CDBG Project #07-CR-004 and approve Resolution No. 2007-155.

 

5.         Confirm the City Manager’s appointment of Rocky Steinbrink to the Development Advisory Board.

 

6.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and F. Lean Brandt of the F. Lean Brandt Revocable Trust for the construction of a water main and street paving to serve Lot 3 of Block 4, Meadowlark Estates Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2007-156.

 

7.         Accept the public improvements constructed under and in accordance with the terms of the Developer Constructed Infrastructure Agreements for Lot 3 of Block 1, Skiview Addition except the south 245 feet (Parklane Professional Building); Lot 2, Casey’s Addition (Winfield Square); Stoneridge Sixth Addition; and Lots 8, 9, 10 of Block 2 and Lots 12, 13, 14, 15 16 of Block 3, Kearney Plaza Third Addition (Kearney Plaza Homes along LaVista Drive) and approve Resolution No. 2007-157.

 

8.         Approve the application for a Special Designated License submitted by JUAN LAZO, dba "El Tropico" in connection with their Class "BM37623" Liquor License to dispense beer and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on September 2, 2007 from 6:00 p.m. until 12:00 a.m. for a Mexican dance.

 

9.         Approve the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba "Bill's Liquor" in connection with their Class CK-39105 catering liquor license to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on September 8, 2007 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

10.        Approve Change Order No. 1 showing an increase in the amount of $3,903.13 submitted by Concrete Workers and approved by Miller & Associates in connection with the 2006 Part IV Improvements – Phase II 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 approve Resolution No. 2007-158.

 

11.        Approve submitting a Storm Water Management Plan Program Grant Application to the Nebraska Department of Environmental Quality regarding the implementation of storm water management and approve Resolution No. 2007-159.

 

12.        Approve the Agreement between the City of Kearney and Sorensen Group, Inc. to lease all of Lot 13 and part of Lot 14 of Block 2, Kearney Land and Investment Company's Choice Addition (lying south of the Union Pacific Railroad and east of 8th Avenue) and approve Resolution No. 2007-160.

 

13.        Approve the Agreement between the City of Kearney and Buffalo County for asphalt overlay of the onsite landfill haul road located at the Kearney Area Solid Waste Landfill and approve Resolution No. 2007-161.

 

14.        Approve the recommendation submitted by the Downtown Improvement Board to block off Central Avenue from Railroad Street to 21st Street on August 30, 2007 from 8:00 a.m. until 1:00 a.m. to conduct “Destination Downtown” and that the street be cleared of parked vehicles.

 

15.        Approve the recommendation submitted by the Downtown Improvement Board to block off 24th Street from Central Avenue to Avenue A, the parking lot located north of the Museum of Nebraska Art, and to use the sidewalks on Central Avenue from Railroad Street to 25th Street on September 22, 2007 from 8:00 a.m. until 2:00 a.m. to conduct “Downtown Arts Festival” and that the street and parking lot be cleared of parked vehicles.

 

16.        Accept the Corporation Quitclaim Deed granted to the City of Kearney by Nebraska Public Power District 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. 2007-162.

 

*           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. 7364 – Amend Article 14 “Building Advisory Board” to rename the Board to “Development Advisory Board”; to amend Section 9-1401 “Building Advisory Board; Created” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1402 “Composition” to delete the reference of Building Advisory Board and replace with Development Advisory Board and to allow for the appointment of a landscape designer; to amend Section 9-1403 “Appointment” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1404 “Compensation” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1405 “Chairperson; Officers” to delete the election of a chairperson and to designate a City staff person as the recording secretary; to amend Section 9-1406 “Terms of Office” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1407 “Participation” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1409 “Meetings; Records” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1410 “Quorum” to provide that five members shall constitute a quorum; to amend Section 9-1412 “Powers and Duties” to delete the reference of Building Advisory Board and replace with Development Advisory Board all located in Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska.

 

2.         ORDINANCE NO. 7365 – Repeal Ordinance No. 7362 and to grant a Conditional Use Permit to Andersen Wrecking Company for a salvage service and long-term vehicle storage and dismantling operation on property zoned “District M-2, General industrial District” and described as Lots 1 through 14 of Block 18, Lots 1 through 14 of Block 19, Lots 1 through 14 of Block 20, Lots 1 through 17 of Block 21, Lots 1 through 15 of Block 22, Lots 1 through 13 of Block 23, all in Whiteakers Grove Addition to the City of Kearney, Buffalo County, Nebraska together with VACATED: (1) 14.0 foot alleys running north and south through Blocks 18 through 23, (2) 19th Street between the east right-of-way line of Avenue N and the west right-of-way line of Avenue Q, (3) east half of Avenue N between the south right-of-way line of 20th Street and the north line of CB&Q Railroad right-of-way, (4) Avenue O between the south right-of-way line of 20th Street and north line of CB&Q Railroad right-of-way, and (5) Avenue P between the south right-of-way line of 20th Street and the north line of CB&Q Railroad right-of-way (1403 East 20th Street).

 

VI  REGULAR AGENDA

 

1.         ORDINANCE NO. 7366 – Vacate Lot 1 of Block 2, Grandview Estates, an addition to the City of Kearney, Buffalo County, Nebraska (east of Sunrise Middle School, north of 45th Street and west of Avenue R). (Pertains to Public Hearing 3)

 

2.         ORDINANCE NO. 7367 – Vacate Lot 1, High Plains Estates, a subdivision of Buffalo County, Nebraska AND a tract of land being part of Lot 1, all of Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska, all located in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd Street). (Pertains to Public Hearings 5 and 6)

 

3.         ORDINANCE NO. 7368 – Rezone from “District C-2, Community Commercial District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” property described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue). (Pertains to Public Hearing 7)

 

4.         ORDINANCE NO. 7369 – Grant a Conditional Use Permit to Hamilton Investments, Limited Partnership to operate an automotive sales/service facility on property to be zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue). (Pertains to Public Hearing 9)

 

5.         Consider the Application for Corporate Manager of Jeremy Nore submitted by JERSEY’S SPORTS BAR & GRILL, LLC., dba “Jersey’s Sports Bar” in connection with their Class I-70888 liquor license located at 5012 3rd Avenue.

 

6.         Consider the bids received for the construction of the tennis courts located at Harvey Park and approve Resolution No. 2007-163 awarding the bid to Mid-American Courtworks from Wichita, Kansas in the amount of $174,571.00.

 

7.         Consider the Plans and Specifications for the Apollo Park Basketball Court Lighting Project and set the bid opening date for September 4, 2007 at 2:00 p.m.

 

8.         Open Account Claims:  NPPD - $78,689.93, Platte Valley State Bank - $41,613.26, School District #7 - $490.45

 

VII  REPORTS

 

Report from Staff on the timing of 2nd Avenue traffic lights.

 

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