KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
November 13, 2007
7:00 p.m.
I ROUTINE BUSINESS
1. Invocation
(President or Designee of KMA); Father Torpey, St. James Catholic Church.
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 Applications submitted by F.M. and Marilyn Parker,
Randall and Mary Fike, Edmund and Margaret Sizer, Dustin Westerbeck, Michelle
Graddy, James and Rita Weber, Matthew and Kimberly Meister, Everett and Roxanne
Aistrope, Darin and Lisa Messeure, Vern Plambeck, Bernice Oran, Gerald and Jann
Davidson, Todd and Jennie Halbert, John and Darlene Smith, Randall and Mardi
Pallas, Vernon and Eleanore Ward, Debbra Conroy, Karen Park, Robert and Darlene
Mitchell, Joshua Liljehorn, Dudley and Barbara Friskopp, Larry and Kae Sawyer,
Walter and Jennifer Martin, George and Roxanne Bascom, Duane and Sherry Ruh,
James Gallant Power of Attorney for Jean Gallant, JoAnne Sawyer, Beverly
Frickel, Kent and DeAnn Psota, J. Thomas and Mary York, Richard and Juanita
Cloyed, Ronald and Terri Ridgway, Michael and Carney Marchand, Steven and Janet
Anderson, Mary Beth Keenan, Donald and Roberta McKenzie, Larry and Ruth
Solomon, Jerry and Cynthia Foote, Thomas Bright, Tracy and Jacqueline Burns,
Ronald Landstrom, Seth Blank, Wanda Davis, Arlette Neal, Mary Mendenhall,
Thomas and Linda Martin, 24th Street Development, Brent and McKenna Bieber,
Jerry and Janet Fox, Elmer and Margaret Holzichter, Rosalie Elder (Applicants
and Owners) to rezone from “District R-3, Urban Residential Multi-Family
District (Medium Density) District” to “District R-1, Urban Residential Single Family
District” property described as follows: the south half of Lot 2, all of Lot
3, part of Lots 4 and 5, all in Block 1, West Addition; part of Lots 1, 2, 3,
4, 5, and all of Lot 6, all in Block 2, West Addition; Lots 1, 2, 9, 11, 12,
the east 55 feet of Lots 7 and 8, all in Block 3, West Addition; Lots 1, 2, 3,
4, 12, part of Lots 8 and 9, all in Block 4, West Addition; the south 42 feet
of Lot 3, all of Lots 4, 10, 11, 12, the north 10 feet of Lot 5, the west 80
feet of Lots 7, 8, 9, all in Block 5, West Addition; Lots 3, 4, 5, 6, the east
60 feet of Lots 7, 8, 9, all in Block 6, West Addition; the west 45 feet of Lot
1, 2, 3, all of Lots 4, 5, 6, 7, 8, 9, 10, all in Block 7, West Addition; the
east 35 feet of the west 90 feet of Lot 11, the east 35 feet of the west 90
feet of Lot 12, the east 50 feet of Lots 11 and 12, all in Block 10, West
Addition; Lots 1 and 2, Hecht’s Subdivision; all of Lots 1, 2, 3, the west half
of Lot 4, the west half of the south half of Lot 5, the west 80 feet of Lot 6,
the west 80 feet of the north half of Lot 5, all in Block 1, Ashland Addition;
part of Lots 1, 2, 3, together with the vacated east half of the alley abutting
said lots on the west, the east 93 1/3 feet of Lot 3, the east 93 1/3 feet of
the south 30 feet of Lot 2, the west 70 feet of Lot 6, the west 70 feet of the
north 20 feet of Lot 5, the east half of Lot 6, the east half of the north 10
feet of Lot 5, all in Block 2, Ashland Addition; the west half of Lots 1 and 2,
the west half of Lot 12, the west half of the north 39 feet of Lot 11, the east
half of the south 34 feet of Lot 5, the east half of Lot 6, all in Block 8,
Ashland Addition; the south 86 feet of Lots 13 and 14, the west half of the
south 86 feet of Lot 15, the north 44 feet of Lots 13 and 14, the north 44 feet
of the west half of Lot 15, all of Lots 18, 19, 20, 21, 22, 23, 24, all in
Block 60, Perkins & Harford’s Addition; Lot 20 and the west half of Lot 21
of Block 61, Perkins & Harford’s Addition; the east 50 feet of Lot, all of
Lots 9, 10, 11, 12, 13, 14 of Block 63, Perkins & Harford’s Addition, all
in the City of Kearney, Buffalo County, Nebraska (322, 323, 324, 417, 517, 521,
603 West 21st Street; 322, 512, 515, 612, 626 West 22nd Street; 403, 411, 417,
514, 524, 621, 703, 711 West 23rd Street; 501, 511, 523, 609, 624, 714, 720,
801, 805, 819 West 24th Street; 2112 3rd Avenue; 2100, 2108, 2112, 2114, 2208,
2216, 2220 4th Avenue; 2102, 2110, 2211, 2218, 2221, 2222, 2300, 2305, 2308 5th
Avenue; 2109, 2209, 2220, 2303, 2304, 2309, 2310, 2411 6th Avenue).
2. Conduct
a public hearing on the Application submitted by NE Colorado, Inc., dba Viaero
Wireless (Applicant) and Firstier Capital Corporation, dba Kearney Event
Center, Inc. (Owner) for a Conditional Use Permit to construct a 150-foot tall
self supporting telecommunications pole, a backup generator, a 1,000 gallon
propane tank and space for two 9 foot by 15 foot by 8.5 foot tall concrete
buildings (one current and one future) to house electronic equipment on
property zoned “District C-2/PD, Community Commercial District/Planned
Development Overlay District” and described as Lot 2, Broadfoot Third Addition
to the City of Kearney, Buffalo County, Nebraska (609 Platte Road).
3. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for NP Land Development, Inc. (Owner) to rezone from
“District AG, Agricultural District” to “District R-1, Urban Residential
Single-Family District (Low Density)” property described as a tract of land
being part of the Southeast Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., containing 47.82 acres, more or less, Buffalo County,
Nebraska and to “District C‑O, Office District” property described as a
tract of land being part of the Southeast Quarter of Section 24, Township 9
North, Range 16 West of the 6th P.M., containing 6.17 acres, more or less,
Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street
west of the intersection of Avenue L and Eastbrooke Drive).
4. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank
(Owner) for approval of the Final Plat for “Stoneridge Eighth Addition”, an
addition to the City of Kearney, Buffalo County, Nebraska for property
described as a tract of land being part of the Southeast Quarter of Section 24,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and
part of Lot 4 (now vacated), Block 1, Camron First Addition, an addition to the
City of Kearney, Buffalo County, Nebraska, containing 23.69 acres, more or
less, all in Buffalo County, Nebraska (north of the intersection of Avenue K
and 56th Street west of the intersection of Avenue L and Eastbrooke Drive) and approve
Resolution No. 2007-230.
5. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank
(Owner) for the annexation of “Stoneridge Eighth Addition” an addition to the
City of Kearney, Buffalo County, Nebraska for property described as a tract of
land being part of the Southeast Quarter of Section 24, Township 9 North, Range
16 West of the 6th P.M., Buffalo County, Nebraska and part of Lot 4 (now vacated),
Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo
County, Nebraska, containing 23.69 acres, more or less, all in Buffalo County,
Nebraska (north of the intersection of Avenue K and 56th Street west of the
intersection of Avenue L and Eastbrooke Drive) and approve Resolution No.
2007-231.
6. TABLED UNTIL NOVEMBER 27, 2007
Conduct a public hearing on the Application submitted by Mitch Humphrey from
Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for an amendment
to the Land Use Map of the City of Kearney Comprehensive Development Plan from
“Agriculture/Open” to “Mixed Use 2” for property described as being part of the
Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North,
Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County,
Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side
of Highway 10).
7. TABLED
UNTIL NOVEMBER 27, 2007 Conduct a public hearing on the Application submitted
by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine
Richter (Owner) to rezone from “District AG, Agricultural District” to
“District C-2/PD, Community Commercial District/Planned Development Overlay
District” for property described as being part of the Southeast Quarter of the
Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M.,
containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south
of the intersection of Highway 10/40 on the west side of Highway 10).
8. TABLED
UNTIL NOVEMBER 27, 2007 Conduct a public hearing on the Application submitted
by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine
Richter (Owner) for approval of the Final Plat and Subdivision Agreement for
“Elken Subdivision”, a subdivision of Buffalo County, Nebraska for property
described as being part of the Southeast Quarter of the Southeast Quarter of
Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres,
more or less, Buffalo County, Nebraska (1550 feet south of the intersection of
Highway 10/40 on the west side of Highway 10).
9. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for M.J. and Janis Schultz (Owner) to rezone from
“District M-1, Limited Industrial District” to “District CBD/PD, Kearney Center
Mixed Use District/Planned Development Overlay District” for property described
as Lot 1448, Original Town of Kearney Junction now the City of Kearney, Buffalo
County, Nebraska and from “District R-2, Urban Residential Mixed-Density
District” to “District CBD/PD, Kearney Center Mixed Use District/Planned
Development Overlay District” for property described as Lots 1449, 1450, 1451,
Original Town of Kearney Junction now the City of Kearney, Buffalo County,
Nebraska (north of 15th Street lying between Central Avenue and Avenue A).
10. Conduct
a public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for M.J. and Janis Schultz (Owner) for Planned District
Development Plan Approval for the construction of a business office facility on
property to be zoned “District CBD/PD, Kearney Center Mixed Use District/Planned
Development Overlay District” and described as Lots 1448, 1449, 1450, 1451,
Original Town of Kearney Junction now the City of Kearney, Buffalo County,
Nebraska (north of 15th Street lying between Central Avenue and Avenue A) and
approve Resolution No. 2007-232.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held October 23, 2007.
2. Approve
the Claims.
3. Approve
the following Agricultural Leases at the Kearney Regional Airport from January
1, 2008 until December 31, 2008: B & B Bendfeldt Farms, L.L.C. and Brenda
Bendfeldt (229 irrigated acres); David R. Fleming (383 non-irrigated acres);
David R. Fleming (272 irrigated acres); Donald D. Hendrickson (347 irrigated
acres and 11 non-irrigated acres); Gary Henderson (34 irrigated acres); Lee
Potter (62 irrigated acres); Thomas L. Larsen and Theodore A. Larsen (127 under
pivot irritation acres and 9 non-irrigated acres) and approve Resolution No.
2007-233.
4. Approve
the Grassland Lease with Ron Hendrickson (75 acres dry land hay) at the Kearney
Regional Airport from January 1, 2008 until December 31, 2008 and approve Resolution
No. 2007-234.
5. Approve
the request submitted by the Downtown Improvement Board as follows: (1) place
Santa’s house in front of Nelson’s Furniture, 2109 Central Avenue from November
19, 2007 until December 31, 2007; (2) hang garland and lights on Central Avenue
light poles from November 19 through December 31, 2007; (3) Agreement to block
off three parking stalls in front of Annie Kay and Company, 2201 Central Avenue
for Santa’s reindeer and sleigh on November 29, 2007 from 8:00 a.m. until 9:00
p.m.; (4) Agreement to block off three parking stalls in front of Time for
Baby, 2123 Central Avenue to sell popcorn on November 29, 2007 from 8:00 a.m.
until 9:00 p.m. and (5) Agreement to block off six parking stalls in front of
the Kearney Hub, 13 East 22nd Street on November 29, 2007 from 8:00 a.m. until
9:00 p.m. for hayrack rides through downtown Kearney.
6. Approve
the recommendation submitted by the Fire Chief to include the following as
members of the Kearney Volunteer Fire Department: Toby Badura, Eric Bayley,
Chris Carlsen, Daniel Morse, Sean Puls, and J. Paul Younes and approve Resolution
No. 2007-235.
7. 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 Ag Pavilion and the Exposition Center at the Buffalo County Fairgrounds
located at the 3807 Avenue N on December 14 and 15, 2007 from 8:00 a.m. until
1:00 a.m. each day for the Nebraska PBR Bull Riding event.
8. Approve
the Fire Training Center Lease with the Kearney Volunteer Fire Department and
approve Resolution No. 2007-236.
9. Approve
the Agreement for Closure of Access
and Reconstruction of Parking Area granted to the City of Kearney by owners
of Units A through G of the Northridge Condominium in connection with the 2007
Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving
Improvement District No. 2006-908) and approve Resolution No. 2007-237.
* 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. 7392 – Repeal Ordinance No. 7373 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. 7393 – Rezone from “District R-3, Urban Residential Multi-Family District
(Medium Density) District” to “District R-1, Urban Residential Single Family
District” property described as follows: the south half of Lot 2, all of Lot
3, part of Lots 4 and 5, all in Block 1, West Addition; part of Lots 1, 2, 3,
4, 5, and all of Lot 6, all in Block 2, West Addition; Lots 1, 2, 9, 11, 12,
the east 55 feet of Lots 7 and 8, all in Block 3, West Addition; Lots 1, 2, 3,
4, 12, part of Lots 8 and 9, all in Block 4, West Addition; the south 42 feet
of Lot 3, all of Lots 4, 10, 11, 12, the north 10 feet of Lot 5, the west 80
feet of Lots 7, 8, 9, all in Block 5, West Addition; Lots 3, 4, 5, 6, the east
60 feet of Lots 7, 8, 9, all in Block 6, West Addition; the west 45 feet of Lot
1, 2, 3, all of Lots 4, 5, 6, 7, 8, 9, 10, all in Block 7, West Addition; the
east 35 feet of the west 90 feet of Lot 11, the east 35 feet of the west 90
feet of Lot 12, the east 50 feet of Lots 11 and 12, all in Block 10, West
Addition; Lots 1 and 2, Hecht’s Subdivision; all of Lots 1, 2, 3, the west half
of Lot 4, the west half of the south half of Lot 5, the west 80 feet of Lot 6,
the west 80 feet of the north half of Lot 5, all in Block 1, Ashland Addition;
part of Lots 1, 2, 3, together with the vacated east half of the alley abutting
said lots on the west, the east 93 1/3 feet of Lot 3, the east 93 1/3 feet of
the south 30 feet of Lot 2, the west 70 feet of Lot 6, the west 70 feet of the
north 20 feet of Lot 5, the east half of Lot 6, the east half of the north 10
feet of Lot 5, all in Block 2, Ashland Addition; the west half of Lots 1 and 2,
the west half of Lot 12, the west half of the north 39 feet of Lot 11, the east
half of the south 34 feet of Lot 5, the east half of Lot 6, all in Block 8,
Ashland Addition; the south 86 feet of Lots 13 and 14, the west half of the
south 86 feet of Lot 15, the north 44 feet of Lots 13 and 14, the north 44 feet
of the west half of Lot 15, all of Lots 18, 19, 20, 21, 22, 23, 24, all in
Block 60, Perkins & Harford’s Addition; Lot 20 and the west half of Lot 21
of Block 61, Perkins & Harford’s Addition; the east 50 feet of Lot, all of
Lots 9, 10, 11, 12, 13, 14 of Block 63, Perkins & Harford’s Addition, all
in the City of Kearney, Buffalo County, Nebraska (322, 323, 324, 417, 517, 521,
603 West 21st Street; 322, 512, 515, 612, 626 West 22nd Street; 403, 411, 417,
514, 524, 621, 703, 711 West 23rd Street; 501, 511, 523, 609, 624, 714, 720,
801, 805, 819 West 24th Street; 2112 3rd Avenue; 2100, 2108, 2112, 2114, 2208,
2216, 2220 4th Avenue; 2102, 2110, 2211, 2218, 2221, 2222, 2300, 2305, 2308 5th
Avenue; 2109, 2209, 2220, 2303, 2304, 2309, 2310, 2411 6th Avenue). (Pertains
to Public Hearing 1)
2. ORDINANCE
NO. 7394 – Grant a Conditional Use Permit to NE Colorado, Inc., dba Viaero
Wireless (Applicant) and Firstier Capital Corporation, dba Kearney Event
Center, Inc. (Owner) to construct a 150-foot tall self supporting
telecommunications pole, a backup generator, a 1,000 gallon propane tank and
space for two 9 foot by 15 foot by 8.5 foot tall concrete buildings (one
current and one future) to house electronic equipment on property zoned
“District C-2/PD, Community Commercial District/Planned Development Overlay
District” and described as Lot 2, Broadfoot Third Addition to the City of
Kearney, Buffalo County, Nebraska (609 Platte Road). (Pertains to Public
Hearing 2)
3. ORDINANCE
NO. 7395 – Rezone from “District AG, Agricultural District” to “District R-1,
Urban Residential Single-Family District (Low Density)” property described as a
tract of land being part of the Southeast Quarter of Section 24, Township 9
North, Range 16 West of the 6th P.M., containing 47.82 acres, more or less,
Buffalo County, Nebraska and to “District C‑O, Office District” property
described as a tract of land being part of the Southeast Quarter of Section 24,
Township 9 North, Range 16 West of the 6th P.M., containing 6.17 acres, more or
less, Buffalo County, Nebraska (north of the intersection of Avenue K and 56th
Street west of the intersection of Avenue L and Eastbrooke Drive). (Pertains
to Public Hearing 3)
4. ORDINANCE
NO. 7396 – Rezone from “District M-1, Limited Industrial District” to “District
CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District”
for property described as Lot 1448, Original Town of Kearney Junction now the
City of Kearney, Buffalo County, Nebraska and from “District R-2, Urban
Residential Mixed-Density District” to “District CBD/PD, Kearney Center Mixed
Use District/Planned Development Overlay District” for property described as
Lots 1449, 1450, 1451, Original Town of Kearney Junction now the City of
Kearney, Buffalo County, Nebraska (north of 15th Street lying between Central
Avenue and Avenue A). (Pertains to Public Hearing 9)
5. Consider
the appeal submitted by Jerry Mitchell on the review and evaluation of site
development features by Administration as it pertains to landscaping
requirements for property zoned “District M-1, Limited Industrial District” and
described as Lots 566 and 567, Original Town of Kearney Junction, now the City
of Kearney, Buffalo County, Nebraska (2005 Avenue G) and approve Resolution No.
2007-238.
6. ORDINANCE
NO. 7397 – Vacate the 20-foot wide alley located west of Lots 1732 through
1737, inclusive, and east of Lots 1738 through 1743, inclusive, all in Original
Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska
(south of 14th Street, North of 13th Street, west of 1st Avenue and east of 2nd
Avenue).
7. Consider
the appeal submitted by Paul Brungardt from Brungardt Engineering (Applicant)
for NP Land Development, Inc. (Owner) on the review and evaluation of site development
features by Administration as it pertains to landscaping requirements for
property zoned “C-3, General Commercial District” and described as Lots 1732
through 1743, inclusive, Original Town of Kearney Junction now the City of
Kearney, Buffalo County, Nebraska (south of 14th Street, north of 13th Street,
west of 1st Avenue and east of 2nd Avenue) and approve Resolution No. 2007-239.
8. Consider
the Application for Deletion to Premise submitted by KEARNEY INVESTMENT CORP.,
dba “Holiday Inn/Captain’s Table” in connection with their Class CK-17964
liquor license located at 110 South 2nd Avenue. The description of licensed
area only includes: Loper Hall, Conference Room, Ballrooms, Prefunction Area, Staterooms,
Hotel Registration, Offices, Kitchen/Service Area, Restrooms next to Lobby and
the internal hallways between these area.
9. Consider
the Settlement Agreement with NorthWestern Energy and to authorize the City
Attorney to take necessary action to effectuate the implementation of the
Settlement Agreement with NorthWestern and to seek the necessary approvals from
the Nebraska Public Service Commission and approve Resolution No. 2007-240.
10. Consider
holding the regular Council meeting scheduled for December 25, 2007 to December
26, 2007 and approve Resolution No. 2007-241.
11. Open
Account Claims: NPPD - $308.37, Platte Valley State Bank - $128,119.52.
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