KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
October 9, 2007
7:00 p.m.
I ROUTINE BUSINESS
1. Invocation
(President or Designee of KMA);
Major
Dale Hixenbaugh from The Salvation Army
2. Pledge
of Allegiance.
3. Announcement
on Open Meetings Act.
4. Roll
call.
5. Oral
Communication – Recognition of visitors;
Nathan
Garst, UNK Director of Community Relations.
II UNFINISHED BUSINESS
None.
III PUBLIC HEARINGS
1. TABLED
SEPTEMBER 11, 2007. 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.
2. TABLED
SEPTEMBER 11, 2007. 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).
3. TABLED
SEPTEMBER 11, 2007. Conduct a public hearing on the Application submitted
by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC
(Owner) for 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.
4. TABLED
SEPTEMBER 11, 2007. 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.
5. Conduct
a public hearing on the Application submitted by Craig Bennett from Miller
& Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner)
for the Final Plat for “Park View Estates Fourth” an addition to the City of
Kearney, Buffalo County, Nebraska for property described as a tract of land
being part of the Northeast Quarter of the Northwest Quarter, part of
Government Lot 2, Part of the Northwest Quarter of the Northeast Quarter and
part of Government Lot 3, and all located in Section 11, Township 8 North, Range
16 West of the 6th P.M., containing 8.54 acres, more or less, Buffalo County,
Nebraska (east of 11th Avenue, west of 9th Avenue and south of 11th Street) and
approve Resolution No. 2007-211.
6. Conduct
a public hearing on the Application submitted by Craig Bennett from Miller
& Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner)
for the annexation of “Park View Estates Fourth” an addition to the City of
Kearney, Buffalo County, Nebraska for property described as a tract of land being
part of the Northeast Quarter of the Northwest Quarter, part of Government Lot
2, Part of the Northwest Quarter of the Northeast Quarter and part of
Government Lot 3, and all located in Section 11, Township 8 North, Range 16
West of the 6th P.M., containing 8.54 acres, more or less, Buffalo County,
Nebraska (east of 11th Avenue, west of 9th Avenue and south of 11th Street) and
approve Resolution No. 2007-212.
7. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Virginia Evans (Owner) to rezone from “District AG,
Agricultural District” to “District RR-1, Rural Residential District (Rural
Standards) District” property described as a tract of land being part of the
East Half of the Southwest Quarter of the Southeast Quarter of Section 8,
Township 8 North, Range 16 West of the 6th P.M., containing 0.17 acres, more or
less, Buffalo County, Nebraska (5165 Long Island Road).
8. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for Virginia Evans and Timothy and Constance Sorensen
(Owner) for the Final Plat for “Robert W. Sorensen Second Subdivision”, a
subdivision in Buffalo County, Nebraska for property described as Lot 1, Robert
W. Sorensen Subdivision, a subdivision being part of the West Half of the
Southwest Quarter of the Southeast Quarter of Section 8 AND a tract of land
being part of the East Half of the Southwest Quarter of the Southeast Quarter
of Section 8, all in Township 8 North, Range 16 West of the 6th P.M.,
containing 2.21 acres, more or less, Buffalo County, Nebraska (5165 Long Island
Road) and approve Resolution No. 2007-213.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held September 25, 2007.
2. Approve
the Claims.
3. Approve
setting October 23, 2007 at 7:00 p.m. as time and date for the Board of
Equalization to assess costs for Paving Improvement District No. 2003-872 for
Railroad Street from Central Avenue to Avenue B.
4. Approve
the request from the Kearney Police Department/Buffalo County Sheriff’s Office
to block off Avenue B from Railroad Street to 21st Street for the auto auction
to be held on October 13, 2007 from 8:00 a.m. until 5:00 p.m.
5. Approve
the Application for a Special Designated License submitted by BOULEE, LLC, dba
“Bico’s Sports Bar & Grill” in connection with their Class I-70918 liquor
license to dispense beer, wine and distilled spirits in the Great Platte River
Road Archway located at 3060 East 1st Street on October 20, 2007 from 4:00 p.m.
until 12:00 a.m. for a wedding reception.
6. Approve
the Non-Owned Corporate Hangar Lease (T-925) between the City of Kearney and
Marshall Aviation, Inc. and approve Resolution No. 2007-214.
7. Approve
the application to extend Conditional Use Permit No. 1999-07 submitted by South
Central Behavioral Services to locate a transitional living facility located at
2701 Central Avenue for a period of two years.
8. Approve
the bids received 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 approve Resolution No. 2007-215 awarding the bid to Blessing,
LLC in the amount of $225,438.00.
9. Approve
Change Order No. 1 showing an increase in the amount of $14,770.00 and an
additional 41 days to the contract submitted by Central Contracting, Inc. and
approved by Wilkins Hinrichs Stober Architects for the Kearney Volunteer Fire
Department Station 1 Improvements Project and approve Resolution No. 2007-216.
10. Approve
the request submitted by Nicki Rezac to temporarily block off the parking lot
located north of the Museum of Nebraska Art on October 19, 2007 from 12:00 p.m.
until 8:00 a.m., October 20, 2007 for a concert.
* 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. 7385 – Create Paving Improvement District No. 2007-919 for 10th Street from
the east line of Lot 1 of Block 2, Jean Michel of Chateau Marteau, thence west
to the east line of 9th Avenue, AND together with 9th Avenue from the north
line of Lot 6 of Block 2, Hammer-McCarty Addition, south to the south line of
said Jean Michel of Chateau Marteau.
2. ORDINANCE
NO. 7386 – Create Water District No. 2007-548 for 10th Street from the east
line of Lot 1 of Block 2, Jean Michel of Chateau Marteau, thence west to the
east line of 9th Avenue, AND together with 9th Avenue from the north line of
Lot 6 of Block 2, Hammer-McCarty Addition, south to the south line of said Jean
Michel of Chateau Marteau.
3. ORDINANCE
NO. 7387 – Create Sewer District No. 2007-490 for 10th Street from the east
line of Lot 1 of Block 2, Jean Michel of Chateau Marteau, thence west to the
east line of 9th Avenue, AND together with 9th Avenue from the north line of
Lot 6 of Block 2, Hammer-McCarty Addition, south to the south line of said Jean
Michel of Chateau Marteau.
4. ORDINANCE
NO. 7388 – Repeal Ordinance No. 7380 and to 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).
VI REGULAR AGENDA
1. SECOND
READING. ORDINANCE NO. 7383 – Amend Section 21-102 “Site Development
Regulations” of Chapter 21, “District R-3, Urban Residential Multi-Family
District (Medium Density)” of the Code of the City of Kearney and Section
22-102 “Site Development Regulations” of Chapter 22, “District R-4, Urban
Residential Multi-Family District (High Density)” of the Code of the City of
Kearney to allow townhouse development on fee simple lots.
2. TABLED
SEPTEMBER 11, 2007. 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 2)
3. ORDINANCE
NO. 7389 – Rezone from “District AG, Agricultural District” to “District RR-1,
Rural Residential District (Rural Standards) District” property described as a
tract of land being part of the East Half of the Southwest Quarter of the
Southeast Quarter of Section 8, Township 8 North, Range 16 West of the 6th
P.M., containing 0.17 acres, more or less, Buffalo County, Nebraska (5165 Long
Island Road). (Pertains to Public Hearing 7)
4. ORDINANCE
NO. 7390 – Vacate Lot 1, Robert W. Sorensen Subdivision, a subdivision being
part of the West Half of the Southwest Quarter of the Southeast Quarter of
Section 8, Township 8 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska (5165 Long Island Road). (Pertains to Public Hearing 8)
5. ORDINANCE
NO. 7391 – Vacate a portion of the 10.0 foot wide utility easement as platted
on property described as Lot 23, together with part of Lot 1, Block 2, Cedar
Hills Subdivision, a subdivision being part of the East Half of the Northeast
Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska (3805 West Cedar Hills Drive).
6. Consider
the bid received for the purchase and installation of inline hockey rink sport
floor at Apollo Park and approve Resolution No. 2007-217 awarding the bid to Sport
Court of Nebraska in the amount of $43,927.00.
7. Consider
adopting the policy prohibiting alcoholic beverages in or upon the City parks and
its facilities including E.K. and Mary Yanney Heritage Park and its facilities and
approve Resolution No. 2007-218.
8. THIRD
AND FINAL READING. 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. SECOND
READING. ORDINANCE NO. 7384 – 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 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.
10. Open
Account Claims: NPPD - $1,470.73, Platte Valley State Bank - $42,247.73, Stan
Clouse - $324.63
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