KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
September 11, 2007
7:00 p.m.
I ROUTINE BUSINESS
1. Invocation
(President or Designee of KMA);
Pastor
John Gosswein, Family of Christ Lutheran,
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 Camron, Inc. (Owner) to rezone from “District AG,
Agricultural District” to “District R-1, Urban Residential Single-Family
District (Low Density) District” property described as a tract of land being
part of the East Half of the Southwest Quarter of Section 19, Township 9 North,
Range 15 West of the 6th P.M., containing 6.02 acres, more or less, Buffalo
County, Nebraska (east of Avenue R, north of Eastbrooke Drive, and north of
Avenue S).
2. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Camron, Inc. (Owner) for approval of the Final Plat
and Subdivision Agreement for “Eastbrooke Tenth” 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 of Section 19, Township 9
North, Range 15 West of the 6th P.M., containing 6.02 acres, more or less,
Buffalo County, Nebraska (east of Avenue R, north of Eastbrooke Drive, and
north of Avenue S) and approve Resolution No. 2007-180.
3. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Camron, Inc. (Owner) for the annexation of “Eastbrooke
Tenth” 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 of Section 19, Township 9 North, Range 15 West of the 6th P.M.,
containing 6.02 acres, more or less, Buffalo County, Nebraska (east of Avenue
R, north of Eastbrooke Drive, and north of Avenue S) and approve Resolution No.
2007-181.
4. Conduct
a public hearing on the Application submitted by Gene McElhinny and Steve Craig
for proposed amendment to Section 20-102 “Site Development Regulations” of Chapter
20 “District R-2, Urban Residential Mixed-Density District”; proposed amendment
to Section 21-102 “Site Development Regulations” of Chapter 21, “District R-3,
Urban Residential Multi-Family District (Medium Density)”; proposed amendment
to Section 22-102 “Site Development Regulations” of Chapter 22, “District R-4,
Urban Residential Multi-Family District (High Density)” of the Unified Land
Development Ordinance, a part of the Code of the City of Kearney to allow
duplex lots to be established by Minor Subdivision along the common wall and to
further amend Section 21-102 “Site Development Regulations” of Chapter 21,
“District R-3, Urban Residential Multi-Family District (Medium Density)”;
proposed amendment to Section 22-102 “Site Development Regulations” of Chapter
22, “District R-4, Urban Residential Multi-Family District (High Density)” to
allow townhouse development on fee simple lots.
5. Conduct
a public hearing on the Application submitted by Craig Bennett from Miller
& Associates (Applicant) for Grand West, LLC (Owner) for an amendment to
the Land Use Map of the City of Kearney Comprehensive Development Plan from
“Mixed Use 1” to “Mixed Use 2” for property described as part of the Northeast
Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West
of 6th P.M., containing 18.47 acres, more or less, Buffalo County, Nebraska
(south of 56th Street, west of 2nd Avenue and east of 17th Avenue) and approve Resolution
No. 2007-182.
6. Conduct
a public hearing on the Application submitted by Craig Bennett from Miller
& Associates (Applicant) for Grand West, LLC (Owner) to rezone from
“District AG, Agricultural District” to “District C-2, Community Commercial District”
containing 8.74 acres, more or less AND to “District R-3/PD, Urban Residential
Multi-Family District (Medium Density)/Planned Development Overlay District”
property described as part of the Northeast Quarter of the Northwest Quarter of
Section 26, Township 9 North, Range 16 West of 6th P.M., containing 9.73 acres,
more or less, Buffalo County, Nebraska (south of 56th Street, west of 2nd
Avenue and east of 17th Avenue).
7. Conduct
a public hearing on the Application submitted by Craig Bennett from Miller
& Associates (Applicant) for Grand West, LLC (Owner) for approval of the Final
Plat and Subdivision Agreement for “Fountain Hills Second Addition”, a
subdivision in Buffalo County, Nebraska for property described as part of the
Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North,
Range 16 West of the 6th P.M., containing 18.47 acres, more or less, Buffalo
County, Nebraska (south of 56th Street and east of 11th Avenue) and approve Resolution
No. 2007-183.
8. Conduct
a public hearing on the Application submitted by Craig Bennett from Miller
& Associates (Applicant) for Grand West, LLC (Owner) for Planned District
Development Plan Approval for the construction of residential townhouses on
property to be zoned “District R-3/PD, Urban Residential Multi-Family District
(Medium Density)/Planned Development Overlay District” and described as part of
the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (proposed Lot 1 of
Block 2, Fountain Hills Second Addition and located south of 55th Street and
east of 11th Avenue) and approve Resolution No. 2007-184.
9. Conduct
a public hearing on the Application submitted by Diane Belschner (Applicant and
Owner) for Planned District Development Plan Approval for the construction of a
carport area and a shed on property zoned “District C-2/PD, Community
Commercial/Planned Development Overlay District” and described as Lot 1 of
Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115
East 52nd Street) and approve Resolution No. 2007-185.
10. Conduct
a public hearing on the Application submitted by Johnson Imperial Home Co.
(Applicant and Owner) for Planned District Development Plan Approval for the
construction of a medical facility on property zoned “District C-O/PD, Office/Planned
Development Overlay District” and described as Lots 1 and 2, Windsor Estates
Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4107 7th
Avenue) and approve Resolution No. 2007-186.
11. Conduct
a public hearing on the Application submitted by Johnson Imperial Home Co.
(Applicant and Owner) for Planned District Development Plan Approval for the
construction of duplex condominiums on property zoned “District R-2/PD, Urban
Residential Mixed Density/ Planned Development Overlay District” and described
as Lots 5 through 16 inclusive of Block 3, Windsor Estates Seventh Addition to
the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue at 47th
Street Place) and approve Resolution No. 2007-187.
12. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Independence Motel Properties (Owner) for approval of
the Final Plat for “Ramada Inn Addition” an addition to the City of Kearney,
Buffalo County, Nebraska for property described as a tract of land being part
of the Northwest Quarter of the Southwest Quarter of Section 12, Township 8
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (301 2nd Avenue)
and approve Resolution No. 2007-188.
13. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Clifford and Dorothy Fox (Owner) for an amendment to
the Land Use Map of the City of Kearney Comprehensive Development Plan from
“Agricultural Preserve” to “Rural Residential” for property described as part
of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of
6th P.M., containing 1.30 acres, more or less, Buffalo County, Nebraska (south
of 78th Street and east of Avenue N) and approve Resolution No. 2007-189.
14. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Clifford and Dorothy Fox (Owner) to rezone from
“District AG, Agricultural District” to “District R-1, Urban Residential Single
Family District” property described as part of Government Lot 4 located in
Section 18, Township 9 North, Range 15 West of 6th P.M., containing 1.30 acres,
more or less, Buffalo County, Nebraska (south of 78th Street and east of Avenue
N).
15. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Clifford and Dorothy Fox (Owner) for approval of the
Final Plat and Subdivision Agreement for “Buffalo Ridge Estates” a subdivision
of Buffalo County, Nebraska for property described as part of Government Lot 4
located in Section 18, Township 9 North, Range 15 West of 6th P.M., containing
1.30 acres, more or less, Buffalo County, Nebraska (south of 78th Street and
east of Avenue N) and approve Resolution No. 2007-190.
16. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Chadd and Dawn Murray and Ronald and Nancy Larsen
(Owner) for approval of the Final Plat for “Camelot Seventh Addition” an
addition to the City of Kearney, Buffalo County, Nebraska for property
described as Lots 8, 9, 10 of Block
2, Camelot Second Addition, an addition to the City of Kearney, Buffalo County,
Nebraska (east of 27th Avenue, south of 35th Street, west of 34th Street
Place) and approve Resolution No. 2007-191.
17. Conduct
a public hearing for the purpose of adopting the City of Kearney Budget for the
2007-2008 Fiscal Year.
18. Conduct
a public hearing for the purpose of adopting the City of Kearney Offstreet
Parking District No. 1 Budget for the 2007-2008 Fiscal Year.
19. Conduct
a public hearing for the purpose of setting the 2007 City of Kearney property
tax levy at a different amount than the preliminary property tax levy set for
the City of Kearney by the Buffalo County Clerk and approve Resolution No.
2007-192.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held August 28, 2007.
2. Approve
the Claims.
3. Approve
Resolution No. 2007-193 allowing the City of Kearney to increase its “Budget
Authority” by an additional one percent or $97,588.05 which will be carried
over to the 2007-2008 budget as “Unused Budget Authority”.
4. Approve
the recommendation submitted by the Keno Committee on the allocation on
non-departmental keno funds designed for outside agencies.
5. Approve
the City of Kearney Annual Goals, Long Range Goals, and Capital Improvement
Plan.
6. Accept
the public improvements constructed under, and in accordance with, the terms of
the Developer Constructed Infrastructure Agreement for Lots 2 through 15 of
Block 2, Lot 1 and Lots 18 through 34 of Block 3, Lots 1 through 7 of Block 4,
and Lots 8 and 9 of Block 5, Marianne Hunt 2nd Addition and approve Resolution
No. 2007-194.
7. Approve
Change Order No. 3 showing an increase in the amount of $4,269.40 submitted by
Hausmann Construction and approved by Wilkins Hinrichs Stober Architects in
connection with the Harmon Park Activity Center and approve Resolution No.
2007-195.
8. Approve
the application for a Special Designated License submitted by DOUGLAS HOOS, dba "Tubs Pub" in connection with
their Class CK-282 liquor license to dispense beer, wine and distilled spirits
in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N on October
6, 2007 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.
9. Approve
transferring Conditional Use Permit No. 2000-11 granting a permit to locate a
daycare center at 1411 East 33rd Drive to Shaila Hisey.
10.
Approve the bids received for the Apollo Park Basketball Court Lighting
Project and approve Resolution No. 2007-196 awarding the bid to Jon Schwartz
Electric in the amount of $40,330.00.
11. Approve
the Plans and Specifications for the 2007 Part IV Improvements consisting of construction
of public improvements within Avenue A between 11th Street and 13th Street,
Avenue I between 14th Street and 15th Street and 14th Street between Avenue I
and Avenue K and set the bid opening date for October 2, 2007 at 2:00 p.m.
* 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. 7372 – Adopt the City of Kearney Budget Statement to be termed the Annual
Appropriation Bill and to appropriate sums for necessary expenses and
liabilities. (Pertains to Public Hearing 17)
2. ORDINANCE
NO. 7373 – Repeal Ordinance No. 7293 and classify the officers and employees of
the City; fix the ranges of compensation of such officers and employees;
establish the hours and work period for overtime eligibility; provide for
payments of clothing and/or uniform allowances; provide for payment of vehicle
allowance; and provide for payment of cell phone allowance.
VI REGULAR AGENDA
1. ORDINANCE
NO. 7374 - Rezone from “District AG, Agricultural District” to “District R-1,
Urban Residential Single-Family District (Low Density) District” property
described as a tract of land being part of the East Half of the Southwest
Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M.,
containing 6.02 acres, more or less, Buffalo County, Nebraska (east of Avenue
R, north of Eastbrooke Drive, and north of Avenue S). (Pertains to Public
Hearing 1)
2. ORDINANCE
NO. 7375 - Amend Section 20-102 “Site Development Regulations” of Chapter 20
“District R-2, Urban Residential Mixed-Density District”; amend Section 21-102
“Site Development Regulations” of Chapter 21, “District R-3, Urban Residential
Multi-Family District (Medium Density)”; amend Section 22-102 “Site Development
Regulations” of Chapter 22, “District R-4, Urban Residential Multi-Family
District (High Density)” of the Unified Land Development Ordinance, a part of
the Code of the City of Kearney to allow duplex lots to be established by Minor
Subdivision along the common wall and to allow townhouse development on fee
simple lots. (Pertains to Public Hearing 4)
3. ORDINANCE
NO. 7376 - Rezone from “District AG, Agricultural District” to “District C-2,
Community Commercial District” containing 8.74 acres, more or less AND to
“District R-3/PD, Urban Residential Multi-Family District (Medium
Density)/Planned Development Overlay District” property described as part of
the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North,
Range 16 West of 6th P.M., containing 9.73 acres, more or less, Buffalo County,
Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue). (Pertains
to Public Hearing 6)
4. ORDINANCE
NO. 7377 - Rezone from “District AG, Agricultural District” to “District R-1,
Urban Residential Single Family District” property described as part of
Government Lot 4 located in Section 18, Township 9 North, Range 15 West of 6th
P.M., containing 1.30 acres, more or less, Buffalo County, Nebraska (south of
78th Street and east of Avenue N). (Pertains to Public Hearing 14)
5. ORDINANCE
NO. 7378 – Vacate Lots 8, 9, 10 of Block 2, Camelot Second Addition, an
addition to the City of Kearney, Buffalo County, Nebraska (east of 27th Avenue,
south of 35th Street, west of 34th Street Place). (Pertains to Public
Hearing 16)
6. ORDINANCE
NO. 7379 – Vacate the alley lying west of Lots 1452 through 1457, inclusive,
and east of Lots 1446 through 1451, inclusive, Original Town of Kearney
Junction now the City of Kearney, Buffalo County, Nebraska (between Central
Avenue and Avenue A from 15th Street to 16th Street).
7. ORDINANCE
NO. 7380 – Vacate Avenue N as platted and shown on the original plat of
Whitaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska located
west of Block 7, east of Block 8, north of the north line of 22nd Street and
south of the Union Pacific Railroad Company’s right-of-way (Avenue N north of
22nd Street, south of the Union Pacific Railroad north right-of-way).
8. SECOND
READING OF 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.
9. Open
Account Claims: NPPD - $82,378.19, Platte Valley State Bank - $42,574.09, Stan
Clouse - $324.82
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