KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
August 28, 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 Service Awards to Outgoing Board/Commission Members: B.M. Stevenson, Airport
Advisory Board; Randy Pallas, Downtown Improvement Board; Gary Hogg, Park &
Recreation Advisory Board; and JoAnn Lilly, Planning Commission.
Presentation
by Roger Jasnoch from the Kearney Visitors Bureau.
II UNFINISHED BUSINESS
None.
III PUBLIC HEARINGS
1. Conduct
a public hearing on the application for a Class C-78216 liquor license
submitted by FOODMART III, INC., dba “Boogaarts” located at 1615 2nd Avenue,
consider the application for Corporate Manager of Lance Handley, and approve Resolution
No. 2007-164.
2. Conduct
a public hearing on the application for a Class C-78257 liquor license
submitted by SPORTS FANS, LLC., dba “Fanatics” located at 2021 Central Avenue,
consider the application for Corporate Manager of Todd Schirmer, and approve Resolution
No. 2007-165.
3. Conduct
a public hearing on the proposed acquisition of a Permanent and Temporary
Sanitary Sewer Easement granted to the City of Kearney by TWL LLC on the
following tracts of land: (1) PERMANENT EASEMENT – A 20.0 foot strip of land
being part of the South Half of the Northeast Quarter of Section 24, Township 9
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more
particularly described as follows: Referring to the northwest corner of Lot 10,
Bel Air First Addition, an addition to the City of Kearney, Buffalo County,
Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E
and all bearings contained herein are relative thereto; thence S00°31'04"E
on said west line a distance of 4.72 feet; thence S89°28'56"W a distance
of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL
PLACE OF BEGINNING, said place of beginning being the centerline of a 20.0 foot
strip of land and on the west line of the City of Kearney and Central Platte
Natural Resources District Detention Cell west boundary line; thence
S84°05'24"W on said centerline a distance of 199.07 feet; thence
N82°46'21"W on the aforesaid centerline a distance of 291.43 feet; thence
N89°46'52"W on the aforesaid centerline a distance of 359.19 feet; thence
N83°36'15"W on the aforesaid centerline a distance of 182.08 feet to the
point of termination, said point being 1177.7 feet west of the southwest corner
of said Lot 10 and 311.92 feet north of the south line of said Northeast
Quarter; AND (2) PERMANENT EASEMENT – A 20.0 foot strip of land being part of
the South Half of the Northeast Quarter of Section 24, Township 9 North, Range
16 West of the 6th P.M., Buffalo County, Nebraska and more particularly
described as follows: Referring to the northwest corner of Lot 10, Bel Air
First Addition, an addition to the City of Kearney, Buffalo County, Nebraska
and assuming the west line of said Lot 10 as bearing S00°31'04"E and all
bearings contained herein are relative thereto; thence S00°31'04"E on said
west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88
feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W
a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet;
thence N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a
distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of
beginning being on the centerline of said 20.0 foot strip of land; thence
S00°19'48"E on said centerline a distance of 311.92 feet to the point of
termination, said point being on the south line of said Northeast Quarter and
1177.7 feet west of the southwest corner of said Lot 10; AND (3) PERMANENT
EASEMENT – A 20.0 foot strip of land being part of the South Half of the
Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows: Referring
to the northwest corner of Lot 10, Bel Air First Addition, an addition to the
City of Kearney, Buffalo County, Nebraska and assuming the west line of said
Lot 10 as bearing S00°31'04"E and all bearings contained herein are
relative thereto; thence S00°31'04"E on said west line a distance of 4.72
feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W
a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet;
thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a
distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of
beginning being on the centerline of said 20.0 foot strip of land; thence
S00°02'47"W on said centerline a distance of 125.22 feet; thence
S47°05'40" W on said centerline a distance of 244.44 feet to the point of
termination, said point being on the south line of said Northeast Quarter and
1177.7 feet west of the southwest corner of said Lot 10; AND (4) TEMPORARY
CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half
of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the
6th P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the West
line of said Lot 10 as bearing S00°31'04"E and all bearings contained
herein are relative thereto; thence S00°31'04"E on said west line a
distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being the centerline of said 80.0 foot strip of land
and on the West line of the City of Kearney and Central Platte Natural Resources
District Detention Cell west boundary line; thence S84°05'24"W on said
centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid
centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid
centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid
centerline a distance of 182.08 feet to the point of termination, said point
being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet
north of the south line of said Northeast Quarter; AND (5) TEMPORARY
CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half
of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the
6th P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the west
line of said Lot 10 as bearing S00°31'04"E and all bearings contained
herein are relative thereto; thence S00°31'04"E on said West line a
distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance
of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence
N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance
of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being
on the centerline of said 80.0 foot strip of land; thence S00°19'48"E on
said centerline a distance of 311.92 feet to the point of termination, said
point being on the south line of said Northeast Quarter and 1177.7 feet west of
the southwest corner of said Lot 10; AND (6) TEMPORARY CONSTRUCTION EASEMENT –
An 80.0 foot strip of land being part of the South Half of the Northeast Quarter
of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska and more particularly described as follows: Referring to the northwest
corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney,
Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E
and all bearings contained herein are relative thereto; thence S00°31'04"E
on said west line a distance of 4.72 feet; thence S89°28'56"W a distance
of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W
a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet;
thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF
BEGINNING, said place of beginning being on the centerline of said 80.0 foot
strip of land; thence S00°02'47"W on said centerline a distance of 125.22
feet; thence S47°05'40"W on said centerline a distance of 244.44 feet to
the point of termination, said point being on the south line of said Northeast
Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all
located in Buffalo County, Nebraska (north
of the proposed Stoneridge Additions and west of Bel Air Addition) and
approve Resolution No. 2007-166.
4. Conduct
a public hearing on the proposed acquisition of a tract of land being part of
accretion abutting Government Lot 6 on the south and located in the Southeast
Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo
County, Nebraska and more particularly described as follows: Referring to the
northeast corner of Government Lot 7 in said Section 8 and assuming the east
line of said Government Lot 7 as bearing S00°10”49”W and all bearings contained
herein are relative thereto; thence S00°10’49”W and on said east line a
distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45 feet to the
actual place of beginning; thence S82°52’34”W continuing on the aforesaid line
a distance of 452.0 feet; thence S00°10’49”W parallel to said east line a
distance of 637.23 feet to the centerline of the North Channel of the Platte
River; thence N48°59’35”E on said centerline a distance of 21.56 feet; thence
N42°06’13”E continuing on said centerline a distance of 95.81 feet; thence
N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63
feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said
centerline N00°10”19”E parallel with said east line a distance of 598.32 feet
to the place of beginning, containing 5.88 acres, more or less, all located in
Buffalo County, Nebraska and approve Resolution No. 2007-167.
5. Conduct
a public hearing on the proposed acquisition to continue effectiveness of the
Kearney Northeast Flood Control Project of a tract of land being part of the
Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
Referring to the southeast corner of the Northeast Quarter of said Section 24
and assuming the east line of said Northeast Quarter as bearing north and all
bearings contained herein are relative thereto; thence north on the aforesaid
east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence
continuing north on the aforedescribed course a distance of 232.16 feet; thence
S89°59’W and parallel with the south line of the Northeast Quarter of said
section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet
to the point of curvature; thence on a 5754.58 foot radius curve to the left
forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving
said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the
west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E
and parallel with the south line of said Northeast Quarter a distance of 631.26
feet; thence south and parallel with the east line of said Northeast Quarter a
distance of 448.0 feet to a point on the south line of said Northeast Quarter;
thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence
north parallel with the east line of said Northeast Quarter a distance of 530.0
feet; thence N89°59’E and parallel with the south line of said Northeast
Quarter a distance of 731.0 feet; thence north and parallel with the east line
of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and
parallel with the south line of said Northeast quarter a distance of 350.0 feet
to the place of beginning. Containing 46.921 acres, more or less, of which
0.176 acres, more or less, are presently being used for road purposes on the
east side. Subject to, however, a 60.0 foot strip of land which is to be
reserved for future ingress-egress easement purposes with said 60.0 foot strip
of land being more particularly described as follows: Referring to the southeast
corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the
south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL
PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line
a distance of 150.0 feet; thence north and parallel with the east line of said
Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with
the south line of said Northeast Quarter a distance of 150.0 feet; thence south
and parallel with the east line of said Northeast Quarter a distance of 60.0
feet to the place of beginning, all located in Buffalo County, Nebraska and
approve Resolution No. 2007-168.
IV CONSENT AGENDA *
1. Approve
Minutes of Joint City/County Budget Meeting held August 9, 2007 and Minutes of Regular
Meeting held August 14, 2007.
2. Approve
the Claims.
3. Receive
recommendations of Planning Commission and set September 11, 2007 at 7:00 p.m.
as date and time for hearing on those applications where applicable.
4. Approve
the final allocation of levy authority in the amount of $132,600.00 for the
Community Redevelopment Authority of the City of Kearney for fiscal year
2007-2008 and the final allocation of levy authority in the amount of
$38,000.00 for Offstreet Parking District No. 1 for fiscal year 2007-2008 and
approve Resolution No. 2007-169.
5. Authorize
the City Manager, Director of Finance and Administration, and the City Clerk to
sign checks, drafts or other withdrawal orders issued against the funds of the
City on deposit with designated depositories and approve Resolution No.
2007-170.
6. Accept
the Warranty Quitclaim Deed granted to the City of Kearney by Brian and Mary
Rodine 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. 2007-171.
7. Approve
Amendment No. 1 to the Consultant’s Agreement with Kirkham Michael &
Associates 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. 2007-172.
8. Approve
the request submitted by the University of Nebraska at Kearney to conduct a
Homecoming Parade on October 6, 2007 beginning at 10:00 a.m. The route will
commence on North Railroad Street and Central Avenue, north on Central Avenue
to 27th Street, west on 27th Street to 9th Avenue. The staging area to be
blocked off beginning at 7:00 a.m. is Railroad Street from Avenue E to 5th
Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from
Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, 20th
Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd
Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad
Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street.
Parking will be prohibited on Central Avenue between Railroad Street and 25th
Street from 2:00 a.m. until conclusion of the parade.
9. 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 Great Platte River Road Archway located at the 3060 East 1st Avenue on
September 22, 2007 from 4:00 p.m. until 1:00 a.m. for a wedding reception.
10. Approve
Change Order No. 2 showing a decrease in the amount of $22,486.55, Application
and Certificate for Payment No. 5-Final in the amount of $26,475.79, and
Certificate of Substantial Completion submitted by Paulsen, Inc. and approved
by Miller & Associates in connection with the 2007 Part I Improvements –
39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements (Paving
Improvement District No. 2006-908) and approve Resolution No. 2007-173.
11. Approve
Application and Certificate for Payment No. 5 in the amount of $224,845.20
submitted by Blessing, LLC and approved by Miller & Associates for the 2007
Part II Improvements for 39th Street from 2nd Avenue east to Pony Express Road
(Paving Improvement District No. 2006-908) and approve Resolution No. 2007-174.
12. Approve
Change Order No. 1 showing a decrease in the amount of $1,011.00 and
Application and Certificate for Payment No. 1 in the amount of $73,963.62
submitted by Midlands Contracting, Inc. and approved by Miller & Associates
in connection with the 2007 Part III Improvements – Bid A consisting of Water
District No. 2007-547 and Sewer District No. 2007-489 for 16th Street from
Avenue M east a distance of 747± feet; 5th Avenue Water Main Replacement;
Avenue C Railroad Crossing and approve Resolution No. 2007-175.
13. Approve
Application and Certificate for Payment No. 11 in the amount of $69,481.62
submitted by Sargent Drilling of Broken Bow, Nebraska and approved by Miller
& Associates for the Northwest Well Field Phase I (Municipal Water Wells)
and approve Resolution No. 2007-176.
14. Approve
the Interlocal Agreement between the Cities of Grand Island, Kearney, North
Platte, and the Village of Alda Regarding Direct Negotiations of Rate Changes
with NorthWestern Energy and approve Resolution No. 2007-177.
15. Approve
Change Order No. 2 showing a decrease in the amount of $1,005.10, Application
and Certificate for Payment No. 3-Final in the amount of $35,448.12, and the
Certificate of Substantial Completion 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. 2007-178.
16. Approve the bids received for the Belt
Press Auger and Conveyor Replacement at the Wastewater Treatment Plant and
approve Resolution No. 2007-179 awarding the bid to Marlatt Machine Shop in the
amount of $109,800.00.
* 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. 7370 – Amend Section 8-913 “Two-Hour Parking; Generally” of Article 9
“Stopping, Standing and Parking” of Chapter 8 “Police” of the Code of the
Kearney of Kearney to remove 24th Street from Central Avenue to Avenue A; and
to amend Section 8-917 “Prohibited in Excess of Eight Hours” of Article 9
“Stopping, Standing and Parking” of Chapter 8 “Police” of the Code of the
Kearney of Kearney to include 24th Street from Central Avenue to Avenue A.
VI REGULAR AGENDA
1. ORDINANCE
NO. 7371 – Extend the boundaries and include with the corporate limits of, and
to annex to the City of Kearney, Nebraska, a tract of land being part of the
Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
Referring to the southeast corner of the Northeast Quarter of said Section 24 and
assuming the east line of said Northeast Quarter as bearing north and all
bearings contained herein are relative thereto; thence north on the aforesaid
east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence
continuing north on the aforedescribed course a distance of 232.16 feet; thence
S89°59’W and parallel with the south line of the Northeast Quarter of said
section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet
to the point of curvature; thence on a 5754.58 foot radius curve to the left
forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving
said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the
west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E
and parallel with the south line of said Northeast Quarter a distance of 631.26
feet; thence south and parallel with the east line of said Northeast Quarter a
distance of 448.0 feet to a point on the south line of said Northeast Quarter;
thence N89°59’E and on the aforesaid south line a distance of 150.0 feet;
thence north parallel with the east line of said Northeast Quarter a distance
of 530.0 feet; thence N89°59’E and parallel with the south line of said
Northeast Quarter a distance of 731.0 feet; thence north and parallel with the
east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E
and parallel with the south line of said Northeast quarter a distance of 350.0
feet to the place of beginning. Containing 46.921 acres, more or less, of
which 0.176 acres, more or less, are presently being used for road purposes on
the east side. Subject to, however, a 60.0 foot strip of land which is to be
reserved for future ingress-egress easement purposes with said 60.0 foot strip
of land being more particularly described as follows: Referring to the
southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W
and on the south line of said Northeast Quarter a distance of 1081.0 feet to
the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid
south line a distance of 150.0 feet; thence north and parallel with the east
line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and
parallel with the south line of said Northeast Quarter a distance of 150.0
feet; thence south and parallel with the east line of said Northeast Quarter a
distance of 60.0 feet to the place of beginning, all located in Buffalo County,
Nebraska. (Pertains to Public Hearing 5)
2. TABLED
AUGUST 14, 2007 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.
3. Consider
accepting the Kearney Housing Agency Annual Report submitted by Executive
Director Elaine Wiseman.
4. Open
Account Claims: Stan Clouse - $334.44, Platte Valley State Bank - $40,529.59.
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