Kearney, Nebraska
January 10, 2006
7:00 p.m.
A meeting of the City Council of
Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on
January 10, 2006, in the Council Chambers at City Hall. Present were: Galen D.
Hadley, President of the Council; Michaelle Trembly, City Clerk; Council
Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent:
None. Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber
Brown, Assistant to the City Manager; Wendell Wessels, Director of Finance and
Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in the
audience included: Craig Bennett, Jacque Haupt, Rhoda Brown, Tim Lowe, Russ Hilliard,
Essam Arram, Barbra Arram, George Lundgren, John Shafer, Mitch Humphrey,
Charlene Hisey, Heather Cruise, Matthew Urkoski, Steve Altmaier from KGFW
Radio, Mike Konz from Kearney Hub, and 8 students from the University of Nebraska at Kearney.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council and
a copy of their acknowledgment or receipt of such notice is attached to these
minutes. Availability of the Agenda was communicated in the advance notice and
in the notice to the Mayor and City Council. All proceedings hereafter shown
were taken while the meeting was open to the attendance of the public.
I. ROUTINE
BUSINESS
INVOCATION
Reverend Doug Shada from Cornerstone Berean Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Charley Foradori led
the Council members and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION
Mayor Hadley opened the public hearing
on the application to be submitted to the Nebraska Department of Economic
Development for a Community Development Block Grant in the amount of
$174,145.00 for comprehensive revitalization activities in southeast Kearney and to consider approval of Resolution No. 2006-1.
Assistant to the City Manager
Amber Brown presented this matter to the Council. The purpose of this public
hearing is to receive community input on the activities as proposed in the
application for Phase I improvements in the Comprehensive Revitalization
program. The CR program is a new funding category within the Community
Development Block Grant program funded and developed by the Nebraska Department
of Economic Development. The Comprehensive Revitalization plan was approved at
the December 13, 2005 meeting.
The CR project will be phased out
over the course of three years. During this time, residents can expect to see
a combination of improvements to sidewalks, streets, and accessible sidewalk
ramps at intersections. Phase I of the project includes the following
activities:
1.
Pave Avenue K, from 13th Street to 14th Street, borders the west side of
Hammer Park.
2.
Pave parking area directly west of Hammer Park for park visitors, east
side of Avenue K between 13th and 14th Street,.
3.
Construct sidewalks on west and south sides of Hammer Park along Avenue K and 13th Street.
4.
Construct an 8-foot sidewalk along Avenue M from 11th Street to 16th Street to complete the sidewalk and continue the trail.
5.
Fill in all missing sidewalk links along the north side of 11th Street from 4th Avenue to Avenue M.
In the target area, 66.6% of the
residents are considered to be low-to moderate-income, which will meet the
national objective of the CDBG program to benefit low- to moderate-income
persons. Combining CR program funding with sales tax money provides the
opportunity to serve the low- to moderate-income populations while improving
accessibility to the parks, schools, and along major arterial streets, which
are the responsibility of the community.
The City of Kearney is requesting
$174,145 for Phase I in the Comprehensive Revitalization project. The total
request is delineated as follows: $162,145 will be utilized for paving and
sidewalk construction activities. The remainder, $12,000, will be expended for
general grant administration activities. The City of Kearney is required to
match grant funds in the amount of $162,145. The total project cost is
$336,290.
Council member Kearney asked what
his response should be to comments from the people in that area, who are paying
paving assessments and paid for sidewalks when they bought their homes, and now
the City is going to pay for the streets and sidewalks next to them.
City Manager Michael Morgan
stated that the staff has discussed this in detail. The first issue would be
if there were grant funds available, they might not have had to either. The
specific grant funds do restrict the City in respect to the low-to-moderate
income. In order to complete the project, those are the requirement that have
to be met. The Council still has the ability, which will be discussed at an
upcoming study session, should there be other financing. This will just get
Phase I of the Application submitted to the state for approval. After a study
session is provided, the Council might choose to say there should be either
minor assessments, or consistent assessments like we have done throughout the
community. Another choice could be no assessments at all. That decision has
not yet been made. The Council is not locked into that decision at this
meeting.
Council member Kearney stated he
sees people in that area that cannot afford the sidewalks and he is sympathetic
with those people. He also knows there are some property values of rentals in
that neighborhood that will increase with the sidewalks. That will be a
“freebie” for those property owners and he is a little concerned about that.
City Manager responded that in this initial phase, the majority is related to
public street routes, traffic, and pedestrian traffic for the school district
and around all the City facilities and adjacent to parks. This is a little
different than we might see in phase II and III.
Rhoda Brown, 1512 Avenue B,
stated that she has been working with the City for 12 years. She commended the
City on everything that they have done for southeast Kearney because it has
improved their quality of life and safety. Safety and health are her major
concerns, especially since she works in a school system. A safe way for kids
to get to and from school is important. By getting rid of most of the gravel
streets over the past 10-12 years and by getting this grant, the City can
hopefully continue this process. She supports the City 100 percent in what
they are doing.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Clouse to close the hearing and approve the application to be submitted to the
Nebraska Department of Economic Development for a Community Development Block
Grant in the amount of $174,145.00 for comprehensive revitalization activities
in southeast Kearney and approve Resolution No. 2006-1. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
RESOLUTION NO.
2006-1
WHEREAS, the
Comprehensive Revitalization Program is a new funding category within the
Community Development Block Grant program funded and developed by the Nebraska
Department of Economic Development; and
WHEREAS, the City of
Kearney, Nebraska is an eligible unit of a general local government authorized
to file an application with the Nebraska Department of Economic Development;
and
WHEREAS, the City of
Kearney, Nebraska has obtained its citizens’ comments on community development
and housing needs; and has conducted public hearings upon the proposed
application and received favorable public comment respecting the application
which for an amount of $174,145 for street paving and sidewalk construction for
a targeted census tract which spans an area east to west from Avenue M to 4th
Avenue and north to south from 11th Street to 16th Street.
NOW, THEREFORE, BE IT
RESOLVED by the President and City Council of the City of Kearney, Nebraska,
that the President of the Council be authorized and directed to proceed with
the formulation of any and all contracts, documents or other memoranda between
the City of Kearney, Nebraska and the Nebraska Department of Economic
Development so as to effect acceptance of the grant application.
PASSED AND APPROVED
THIS 10TH DAY OF JANUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
REZONING – NORTH OF 39TH STREET AND EAST OF ANTELOPE AVENUE
Public Hearings 2 and 3 were
discussed together but voted on separately.
Mayor Hadley opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Jerry McKean and Richard McKean and Gary Henderson
(Owner) to rezone from “District AG, Agricultural District” to “District M-1,
Limited Industrial District” property described as a tract of land being part
of Government Lots 1 and 5 located in the Southwest Quarter of Section 29,
Township 9 North, Range 15 West of the 6th P.M., containing 10.69 acres, more
or less, Buffalo County, Nebraska (north of 39th Street and east of Antelope
Avenue). Planning Commission recommended approval.
This project was continued from
the October 21 and November 18, 2005 Planning Commission meetings and was heard
on December 16, 2005. The applicant is requesting approval to zone and plat a
tract of land that is approximately 10.69 acres to create a one lot
subdivision. This vacant property is located outside the corporate limits
north of 39th Street and on the east side of Antelope Avenue. The property has
roughly 477 lineal feet of frontage on Antelope Avenue. The applicant desires
to develop this property as an industrial site with two buildings. The land to
the east was recently developed by the same applicant as industrial warehousing
and contains two buildings. In the current application the two buildings, at
119,000 square feet, are similar to the existing warehouses to the east.
The parcel in question has never
been zoned so is considered Agricultural by default. The rezoning request is
from Agricultural to M-1, Limited Industrial District. The Future Land Use Map
of the City of Kearney Comprehensive Development Plan shows this area to be
“Mixed Use 3”. Although M-1 can be considered a conforming zoning district,
the intent of the mixed use approach is to encourage a mixture of uses,
therefore the DRT Team recommended a combination zoning of C-3 and M-1. The
applicant is not interested in pursuing C-3 zoning but has agreed to provide
concrete paving and a landscape buffer along Antelope Avenue, neither of which
are required in M-1 zoning. Staff believes that this is a suitable zoning
compromise.
The applicant proposes a one-lot
subdivision to be known as Northeast Industrial Fourth Subdivision. Planning
Commission approved the Preliminary Plat on December 16, 2005. This property
cannot be annexed at this time and city policy states that services will not be
extended to serve proposed developments outside the corporate boundary. In
this case, City Staff has agreed to allow the development to proceed with an
executed Subdivision Agreement that plans for future service extensions whereby
the owner waives rights of protest and agrees to connect when the property is
annexed and services become available. In this manner, the applicant can
proceed with the development now and the Subdivision Agreement will allow the
services to be extended in the future.
A Public Works Plan has been
submitted. Sanitary sewer is available in Antelope Avenue and 820 feet of
16-inch municipal water main will be extended from 39th Street north in Antelope Avenue in the future as indicated in the Subdivision Agreement. Antelope Avenue
was recently paved by Buffalo County. It is the policy of the Public Works
Department to limit the number of access points along arterial roadways which
both Antelope Avenue and 39th Street are arterials. The applicant is proposing
a single shared private access from Antelope Avenue which is acceptable to
Public Works. This access point will allow access to the current project and
future access to the property to the south.
Two streets are platted on paper
and could be constructed at Banner Avenue and Box Butte Drive. Banner Avenue
extends through intervening property north from 39th Street to the subject site
where no further dedication has occurred. Dead end streets generally must be
extended to maintain street continuity; in this case, to provide access to this
development. The tip of a proposed cul-de-sac for Banner Avenue is shown
extending onto this property on the plat. Box Butte is currently platted on
the east side of phase one. Future water and sewer extension in these streets
will be coordinated with the Utilities Department.
Proposed stormwater detention is
depicted on the Public Works Plan in a linear cell that is situated adjacent to
the south property line of the development. Calculations have been submitted
to the City Engineer. No building permits will be issued until the City
Engineer approves the design and calculations for the stormwater cell. This
site will currently be served by rural pumper trucks with 1,500 gallon
capacity. When the water main in Antelope Avenue is extended north, fire
hydrants could be installed.
Craig Bennett from Miller &
Associates presented this matter to the Council. This development will tie in
with Essam Arram’s existing development of warehouses that he has in this
area. Phase I was built in May of 2005 which includes a warehouse with loading
docks on the south and office buildings on the north and a larger warehouse
north of that. This is the master plan for this subdivision, known as Phase
II. This subdivision would have a cul-de-sac located on the south side that
would come into this plated parcel. Banner Avenue is an existing road that
comes up from the south, perpendicular to the south side of that lot for the
purpose of circulation, should it ever be developed. At this time, Banner Avenue has not been developed and is just a grass area. Should the owners to the
south choose not to have Banner Avenue extended into this subdivision, they
could save some costs by not extending Banner Avenue and make a cul-de-sac on
their property instead. They also show an ingress/egress easement on the plat
that will be used by both parcels. They have asked the County for access onto Antelope Avenue and they agreed that it would suffice for them after reviewing the plan.
There is a common access driveway that would be shared by both Mr. Arram and
the landowner to the south. They have visited with that owner, Mike Chavanu,
and have come to an agreement that they would have an ingress/egress easement
that is 40’x70’ wide for a single access that would be a shared driveway at
least in the right-of-way portion.
Council member Clouse asked about
the detention cell. Mr. Bennett stated that all of the storm water coming off
the warehouses and the parking would be contained in this cell. The water
would leave this detention cell and go out into Antelope Avenue. They have
improved Antelope Avenue with paving and infrastructure and have done some
grading on the ditches. They would use a similar type of detention cell design
that has been used in the previous subdivision just to the east. Planning
Commission recommended concrete paving. Mr. Arram had already chosen to use
concrete paving as a type of improvement on his existing subdivision and he has
also chosen to do the same type of surfacing on the parking lot in this one.
Mr. Arram has chosen to increase the footage for the setback for his building
from the proposed right-of-way and building setback to provide a more
attractive landscape buffer on Antelope Avenue. He has chosen to do these
things above and beyond the M-1 requirements.
City Manager complimented Mr.
Bennett and Mr. Arram during the process, as did the Development Review Team to
get through the steps. There are some new requirements for meetings, etc.
Mitch Humphrey, another developer, also does an excellent job of working with
the DRT. This is an outstanding project and shows a lot of work that goes into
a project like this. Mr. Arram was complimented for his patience because it
has been a tough one, but ended up with a very good project. This shows that
when everyone gets together, all parties can accomplish these projects. This
project is unique, but will turn out to work very well for a mixed-use
project. Mr. Bennett agreed. There were a number of options brought before
the City and fortunately they came to an agreement.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by Lear
to close the hearing and approve the Application submitted by Craig Bennett
from Miller & Associates (Applicant) for Jerry McKean and Richard McKean
and Gary Henderson (Owner) to rezone from “District AG, Agricultural District”
to “District M-1, Limited Industrial District” property described as a tract of
land being part of Government Lots 1 and 5 located in the Southwest Quarter of
Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 10.69
acres, more or less, Buffalo County, Nebraska (north of 39th Street and east of
Antelope Avenue). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
FINAL PLAT AND SUBDIVISION
AGREEMENT FOR NORTHEAST INDUSTRIAL FOURTH SUBDIVISION
Mayor Hadley opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Jerry McKean and Richard McKean and Gary Henderson
(Owner) for final plat approval and Subdivision Agreement for “NORTHEAST
INDUSTRIAL FOURTH SUBDIVISION” a subdivision being part of Government Lots 1
and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range
15 West of the 6th P.M., containing 10.69 acres, more or less, Buffalo County,
Nebraska (north of 39th Street and east of Antelope Avenue) and to consider
approval of Resolution No. 2006-2. Planning Commission recommended approval.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by
Buschkoetter to close the hearing and approve the Application submitted by
Craig Bennett from Miller & Associates (Applicant) for Jerry McKean and
Richard McKean and Gary Henderson (Owner) for final plat approval and
Subdivision Agreement for “NORTHEAST INDUSTRIAL FOURTH SUBDIVISION” a
subdivision being part of Government Lots 1 and 5 located in the Southwest
Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M.,
containing 10.69 acres, more or less, Buffalo County, Nebraska (north of 39th Street
and east of Antelope Avenue) and approve Resolution No. 2006-2 subject to all
parties executing the Subdivision Agreement. Roll call resulted as follows:
Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2006-2
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of
“NORTHEAST INDUSTRIAL FOURTH SUBDIVISION” a subdivision being part of
Government Lots 1 and 5 located in the Southwest Quarter of Section 29,
Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, and
in accordance with the terms and requirements of Sections 16-901 through 16-904
inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded
in the Office of the Register of Deeds, Buffalo County, Nebraska.
BE IT FURTHER
RESOLVED that the Subdivision Agreement, marked as Exhibit “A” attached hereto
and made a part hereof by reference, be and is hereby approved and that the
President of the Council be and is hereby authorized and directed to execute
said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision
Agreement shall be filed with the final plat with the Buffalo County Register
of Deeds.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED
THIS 10TH DAY OF JANUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
CONDITIONAL USE PERMIT FOR RADIO TOWER AT 3719 2ND AVENUE – RCOM
Mayor Hadley opened the public
hearing on the Application submitted by Russ Hilliard for RCom, LLC (Applicant)
and Andrea S. Lowe and John G. Lowe, III (Owner) for a Conditional Use Permit
to locate a radio tower on property zoned “District C-2, Community Commercial
District” and described as Lots 15, 16, 17, 18, 19, and 20, Harrington’s Choice
Addition to the City of Kearney, Buffalo County, Nebraska (3719 2nd Avenue).
Planning Commission recommended approval
This item was continued from the
November 18, 2005 Planning Commission meeting and heard at the December 16,
2005 meeting. The applicant is requesting approval of a Conditional Use Permit
(CUP) to erect a 70-foot tall radio tower on the rear side of the building
located at 3719 2nd Avenue. Actually, the tower was previously erected without
proper permits from the City and has been taken down since the last meeting.
Section 46-110 of the Unified
Land Development Ordinance (UDO) sets forth the regulations and procedures for
radio and telecommunications towers within the jurisdiction of the City of Kearney. A CUP is required for the tower. The applicant has submitted information in
support of a CUP for the proposed tower site. Staff reviewed the submittal and
Planning Commission considered the information offered by the applicant.
The applicant first demonstrated
that the antenna location is proposed in order to satisfy its function in the
company grid system and that the proposed height can be decreased to 35 feet.
If the tower is located at 3719 2nd Avenue it will be at the office retail
location for RCOM and all the facilities will be at one location. The tower
will have the capability to reach the antennas to the south, east and north,
although antennas to the west will not be able to receive the transmissions
because line-of-sight is not established - the hill and existing buildings are
in the way. At some point in the future a taller tower could be considered for
expanded coverage. Any future tower will require a CUP.
Co-location on existing towers is
required. The applicant is currently co-located on the water tower and several
other sites. Any new proposed structure shall be designed to accommodate
antenna for more than one user. The applicant is willing to accommodate co-location
on the proposed tower. The applicant proposes to put equipment associated with
the functions of the tower including co-locators inside the building at 3719 2nd Avenue.
Structural plans stamped by a
licensed engineer shall be submitted demonstrating construction to EIA
Standards. Plans have been submitted from a local engineer that is site
specific to 3719 2nd Avenue. Further engineering will be required in the
future if the applicant applies for a CUP for a larger tower.
Russ Hilliard from RCom presented
this matter to the Council. The purpose of RCom is to provide high-speed
internet to the community. They presently have transmitting facilities on the
north and west water tower. In the last year, they had a 500 percent increase
in subscriber count. Subscribers are not only in Kearney, but as far west as
Elm Creek and almost as far east as Grand Island. They cover a lot of rural
people, who could not otherwise get high-speed. They have had a congestion
problem because of the increase in the number of customers particularly at the
north water tower. They do not anticipate abandoning the north water tower and
will continue to use it. They need to split up the network. They need to
break it up in pieces. The purpose of the tower is to take parts of the
network back to their office for processing. If they continue to have the
growth that they have had, they need to get this done to maintain their quality
of service. Service quality is really important when dealing with internet.
This is a good location for the tower and will be 100 feet higher than the cell
towers to the east of town. The high-speed internet they provide is all
wireless and customers have a receiving dish. Presently, they have about 30
cell sites in central Nebraska. They use water towers, grain elevators and all
kinds of structures to get their signal out. They need a tower right where
their office is so they can process their signals better.
Council member Clouse asked what
the possibility is that they will have to come back and ask for a 70-foot
tower? Mr. Hilliard responded that the power poles north of their location are
70-foot tall. Barney’s office building just to the west of them is quite a bit
higher than their offices so if they split up the network and try to go west
they possibly would need to increase the height. This will take the pressure
off of them with the 35-foot tower. They are about 2,000 feet from the
helicopter pad at the hospital. The FAA regulations are that you can have one
foot of tower for every 25 feet away from that helipad. They can get up to
about 82-84 feet and still meet FAA regulations.
Council member Clouse asked if
they decide to go west, it is possible that they would come back to request a
tower at 56th and diagonal as an alternative. Mr. Hilliard responded that they
would have to do something different in that case. They have even considered a
fiber-network and run it west of town instead of wireless. The fiber-optic
idea is a better solution because then they are no higher than the telephone
poles.
Council member Lear stated that
it had been well publicized that there was some construction started before the
Conditional Use Permit was issued and asked what happened in that process. Mr.
Hilliard replied that in reading the ordinance there is an exemption. That
exemption talks about industrial, scientific or medical uses. This is called
the ISM band, which is 2.4 gigs which is the same as they are using. Quite
often the frequency they are using are referred to as ISM frequencies. They
thought that they had an exception.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Hadley to close the hearing and approve the Application submitted by Russ
Hilliard for RCom, LLC (Applicant) and Andrea S. Lowe and John G. Lowe, III
(Owner) for a Conditional Use Permit to locate a 35-foot radio tower on
property zoned “District C-2, Community Commercial District” and described as
Lots 15, 16, 17, 18, 19, and 20, Harrington’s Choice Addition to the City of
Kearney, Buffalo County, Nebraska (3719 2nd Avenue) subject to the City
receiving the executed Acknowledgment. Roll call resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
AMEND LAND USE MAP – NORTH OF 16TH
STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE
Mayor Hadley stated that Public
Hearings 5, 6, and 7 pertain to the development of property located north of 16th
Street and west of 11th Avenue and east of 16th Avenue. On Friday, the City
received a letter from the applicant requesting this matter be tabled until
January 24, 2006.
Moved by Hadley seconded by
Kearney to table Public Hearing 5 until January 24, 2006. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
REZONING – NORTH OF 16TH STREET
AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE
Moved by Hadley seconded by
Kearney to table Public Hearing 6 until January 24, 2006. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
FINAL PLAT – G & K FOURTH
ADDITION
Moved by Hadley seconded by
Kearney to table Public Hearing 7 until January 24, 2006. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
AMEND LAND USE MAP – 4305 LONG
ISLAND ROAD
Public Hearings 8, 9, and 10 were
discussed together but voted on separately.
Mayor Hadley opened the public
hearing on the proposed amendment to the Land Use Map of the City of Kearney
Comprehensive Development Plan from “Agriculture - Open” to “Rural Estates”
property described as a tract of land being the South Half of the Southwest
Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M.,
containing 15.40 acres, more or less, of which 1.06 acres, more or less, are
presently being used for road purposes, all in Buffalo County, Nebraska (4305
Long Island Road) and to consider approval of Resolution No. 2006-5.
The applicant is requesting
approval to zone and plat a tract of land that is approximately 15.40 acres
located north of Interstate 80 on Long Island Road in the two-mile
extraterritorial jurisdiction. The proposed use is a two-lot rural residential
subdivision.
The Future Land Use Map of the
City of Kearney Comprehensive Development Plan shows this area to be
“Agriculture-Open.” The residential subdivision will require amending the map
to “Rural Estates”, the corresponding land use category for the requested
zoning of RR-1. The rezoning application is from Agricultural to RR-1, Rural
Residential District (Rural Standards). This property will be served by
individual well and septic systems.
The Preliminary and Final Plats,
to be known as Lundgren Subdivision, consist of two lots. The east lot, Lot 1,
contains 6.77 acres and an existing house and shop building are located on the
lot. Lot 2 is 7.57 acres. An existing pond is split by the common lot line.
Fifty feet of right-of-way from the centerline of Long Island Road is dedicated
on the Final Plat. The Preliminary Plat was approved by Planning Commission on
December 16, 2005.
Mitch Humphrey from Buffalo
Surveying was present to answer any questions from the Council.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Clouse to close the hearing and approve the proposed amendment to the Land Use
Map of the City of Kearney Comprehensive Development Plan from “Agriculture -
Open” to “Rural Estates” property described as a tract of land being the South
Half of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of
the 6th P.M., containing 15.40 acres, more or less, of which 1.06 acres, more
or less, are presently being used for road purposes, all in Buffalo County,
Nebraska (4305 Long Island Road) and approve Resolution No. 2006-5. Roll call
resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay:
None. Motion carried.
RESOLUTION
NO. 2006-5
WHEREAS, an
application for a revision of the Land Use Map of the Comprehensive Plan has
been filed in conjunction with and as a requisite part of its application for a
change in the zoning for a tract of land described as the South Half of the
Southwest Quarter of the Southwest Quarter of Section 9, Township 8 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska, EXCEPT a tract of land
more particularly described as follows: Beginning at the southwest corner of
the Southwest Quarter of Section 9, Township 8 North, Range 16 West; thence
easterly on and along the south line of said Southwest Quarter a distance of
418.85 feet; thence with a deflection angle to the left of 89°20’ left a
distance of 728.8 feet; thence left 89°45’ a distance of 418.85 feet to the
northwest corner of the South Half of the Southwest Quarter of the Southwest
Quarter of said Section 9; thence southerly on the west line of the Southwest
Quarter a distance of 735.5 feet to the place of beginning, containing 15.40
acres, more or less, of which 1.06 acres, more or less, are presently being
used for road purposes, all in Buffalo County, Nebraska, containing 1.06 acres,
more or less, Buffalo County, Nebraska (4305 Long Island Road), from
“Agriculture - Open” to “Rural Estates”, and
WHEREAS, the said
application for change in the Comprehensive Land Use Plan has been approved by
the City Planning Commission, after a public hearing properly published and
held, and
WHEREAS, the City
Council has held a public hearing upon the said revision and voted in favor of
a motion to approve the change in the Land Use Plan as requested by the
applicant.
NOW, THEREFORE, BE IT
RESOLVED by the President and City Council of the City of Kearney, Nebraska,
that the Comprehensive Land Use Plan be and is hereby amended to change from
“Agriculture - Open” to “Rural Estates” the use classification for the area
described as the South Half of the Southwest Quarter of the Southwest Quarter
of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska, EXCEPT a tract of land more particularly described as follows:
Beginning at the southwest corner of the Southwest Quarter of Section 9,
Township 8 North, Range 16 West; thence easterly on and along the south line of
said Southwest Quarter a distance of 418.85 feet; thence with a deflection
angle to the left of 89°20’ left a distance of 728.8 feet; thence left 89°45’ a
distance of 418.85 feet to the northwest corner of the South Half of the
Southwest Quarter of the Southwest Quarter of said Section 9; thence southerly
on the west line of the Southwest Quarter a distance of 735.5 feet to the place
of beginning, containing 15.40 acres, more or less, of which 1.06 acres, more
or less, are presently being used for road purposes, all in Buffalo County,
Nebraska, containing 1.06 acres, more or less, Buffalo County, Nebraska (4305
Long Island Road).
PASSED AND APPROVED
THIS 10TH DAY OF JANUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
REZONING – 4305 LONG ISLAND ROAD
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying
(Applicant) for George R. Lundgren, Sr. and Lexie Lundgren (Owners) to rezone
from “District AG, Agricultural District” to “District RR-1, Rural Residential
District (Rural Standards)” property described as a tract of land being the
South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16
West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06
acres, more or less, are presently being used for road purposes, all in Buffalo
County, Nebraska (4305 Long Island Road).
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by Lear
to close the hearing and approve the Application submitted by Mitch Humphrey
from Buffalo Surveying (Applicant) for George R. Lundgren, Sr. and Lexie
Lundgren (Owners) to rezone from “District AG, Agricultural District” to
“District RR-1, Rural Residential District (Rural Standards)” property
described as a tract of land being the South Half of the Southwest Quarter of
Section 9, Township 8 North, Range 16 West of the 6th P.M., containing 15.40
acres, more or less, of which 1.06 acres, more or less, are presently being
used for road purposes, all in Buffalo County, Nebraska (4305 Long Island
Road). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear,
Clouse. Nay: None. Motion carried.
FINAL PLAT – LUNDGREN SUBDIVISION
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying
(Applicant) for George R. Lundgren, Sr. and Lexie Lundgren (Owners) for final
plat approval for “LUNDGREN SUBDIVISION” a subdivision being the South Half of
the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th
P.M., containing 15.40 acres, more or less, of which 1.06 acres, more or less,
are presently being used for road purposes, all in Buffalo County, Nebraska (4305
Long Island Road) and to consider approval of Resolution No. 2006-6.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by
Buschkoetter to close the hearing and approve the Application submitted by
Mitch Humphrey from Buffalo Surveying (Applicant) for George R. Lundgren, Sr.
and Lexie Lundgren (Owners) for final plat approval for “LUNDGREN SUBDIVISION” a
subdivision being the South Half of the Southwest Quarter of Section 9,
Township 8 North, Range 16 West of the 6th P.M., containing 15.40 acres, more
or less, of which 1.06 acres, more or less, are presently being used for road
purposes, all in Buffalo County, Nebraska (4305 Long Island Road) and approve Resolution
No. 2006-6. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear,
Clouse, Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2006-6
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of
“LUNDGREN SUBDIVISION” a subdivision being the South Half of the Southwest
Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M.,
containing 15.40 acres, more or less, of which 1.06 acres, more or less, are
presently being used for road purposes, all in Buffalo County, Nebraska, and in
accordance with the terms and requirements of Sections 16-901 through 16-904
inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded
in the Office of the Register of Deeds, Buffalo County, Nebraska.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS
10TH DAY OF JANUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
IV. CONSENT AGENDA
Mayor Hadley stated that the
agenda was amended on Monday to include Item 3 to the Consent Agenda which is
an application for a Special Designated License submitted by Skeeter Barnes.
Moved by Buschkoetter seconded by
Lear that Subsections 1, 2 and 3 of Consent Agenda Item IV be approved. Roll
call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
1. Approve Minutes of
Regular Meeting held December 27, 2005.
2. Approve the following
Claims: ABC Drug $75.00 smcs; Ace Irrigation $78.50 smcs; AFLAC $1,681.30 ps; Alamar
$9.50 ps; Alltel $2,116.20 smcs; American Fence $9,245.00 co; Andreasen,T
$12.18 smcs; Ask Supply $88.50 smcs; B&B Auto Glass $1,402.65 smcs; Baker
& Taylor $400.08 smcs; BBC Audiobooks $153.18 smcs; Big Flag $284.00 smcs; Bills
Trailer Sales $2,747.00 co; Bosselman Energy $1,961.10 smcs; Bruha, Scott
$136.50 smcs; Buffalo Co Sheriff $99,462.50 smcs; Burns,R $1,147.34 smcs; Buttress,S
$836.25 smcs; Cash-Wa $81.65 smcs; Casper,D $21.43 smcs; CHAD $24.00 ps; Charter
Paging $22.46 smcs; Chief Industries $105,457.50 co; City of Ky $255,543.13
smcs,ps; City of Salina $889.44 ps; Claussen,J $19.95 smcs; Clipper Herald
$110.00 smcs; College Savings Plan of NE $50.00 ps; Compass Group $380.00 smcs;
Computer Hardware $25.00 smcs; Conseco Life Insurance $38.00 ps; Copycat
Printing $344.70 smcs; Culligan $92.00 smcs; Double M Farms $2,000.00 smcs; DPC
Industries $5,141.60 smcs; Dutton-Lainson $468.72 smcs,co; Eakes $124.98 smcs; EDM
Equipment $1,360.56 smcs; Eirich,T $50.00 smcs; Elliott,J $423.99 smcs; Envirotech
Services $33,084.59 smcs; Farmers Union $12.00 smcs; Fern,L $670.00 smcs; Flood,J
$42.27 smcs; Frontier $163.64 smcs; Gangwish Turf $70.00 smcs; Greenwood
Publishing $145.23 smcs; Grint,K $43.65 smcs; Hach $771.70 smcs; Harry Ferris
Co $1,120.00 co; HDR Engineering $2,667.82 smcs; Higgins,D $20.00 smcs; Highland
Park $1,466.07 smcs; Holiday $9.75 smcs; Hoover's $525.00 smcs; IAPE $50.00
smcs; ICMA RC $2,587.31 ps; IRS $86,281.21 ps; Jack Lederman $53.20 smcs; JJE
$179.00 smcs; Johnson Service $1,697.55 smcs; Johnson,S $50.00 smcs; Ky Area
United Way $879.54 ps; KVFD $1,020.00 smcs; KGFW-AM $145.00 smcs; Klingelhoefer,K
$20.00 smcs; Kooyman,R $200.00 ps; KRNY-FM $192.00 smcs; KRVN $483.60 smcs; Laughlin,K
$360.00 ps; Lawn,J $10.05 smcs; League of NE Municipalities $806.20 smcs; Lyon
Workspace $730.79 smcs; Magic Cleaning $250.00 smcs; Mail Express $701.84 smcs;
Mason Motors $560.00 co; Matthew Bender $102.60 smcs; McElhinney,G $21.57 smcs;
McGraw-Hill $43.14 smcs; MES $2,534.97 smcs; Metlife $6,138.23 ps; Miller &
Associates $5,197.50 smcs,co; Modlin,K $28.01 smcs; Mosbarger,B $200.00 ps; NWWA
$10,770.06 smcs; Nationwide Training Alliance $2,495.00 smcs; NCL of Wisconsin
$748.47 smcs; NE Child Support $1,356.98 ps; NE Concrete Paving $360.00 smcs; NE
Dept of Revenue $40,039.70 ps; NE Fire Administrative $15.00 smcs; NE Rural
Water Assoc $25.00 smcs; NE Truck Center $2,732.00 co; Nelson's Furniture
$50.00 smcs; Northwestern Energy $14,535.06 smcs; O'Keefe Elevator $487.63
smcs; O'Rourke,G $41.53 smcs; Oceana Publications $169.02 smcs; Office Depot
$449.24 smcs; Olson,T $18.47 smcs; Olsson Associates $865.20 smcs; Patterson,B
$104.11 smcs; Paulsen $199,100.70 co; Payflex Systems $378.25 ps; Payne-Larson
$334.36 smcs; Pitney Bowes $450.00 smcs; Platte Valley Comm $820.50 smcs,co; Postmaster
$68.00 smcs; Presto-X $145.00 smcs; Random House $204.00 smcs; Recorded Books
$326.15 smcs; Respond First Aid $211.59 smcs; Riley,B $65.07 smcs; Riverside
Animal Hospital $2,210.50 smcs; See Clear Cleaning $1,900.00 smcs; Snap-On
Tools $4,595.00 co; Solid Waste Agency $68,866.87 smcs; Spath,C $12.37 smcs; St.
Luke's Good Samaritan $89,409.00 smcs; State of NE DAS Comm $19.01 smcs; Sun
Life Financial $20,307.71 smcs; Sydow,J $40.00 smcs; Thomson Gale $407.65 smcs;
Unico Group $744.00 smcs; Urbanek,G $73.44 smcs; Van Diest $7,498.00 smcs; Washington
State Support $102.00 ps; Water Products $631.12 smcs; West Payment Center
$5,296.32 smcs; Westfall GMC $1,089.95 smcs; Williams,M $690.94 smcs; Yankee
Hill Brick & Tile $3,300.00 smcs; Payroll Ending 12-24-2005 --
$261,311.21. The foregoing schedule of claims is published in accordance with
Section 19-1102 of the Revised Statutes of Nebraska, and is published at an
expense of $_________ to the City of Kearney.
3. Approve the
application for a Special Designated License submitted by KEARNEY BBQ CO., dba
“Skeeter Barnes” in connection with their Class I-55865 liquor license to
dispense beer, wine and distilled spirits in the Exposition Building located at
the Buffalo County Fairgrounds, 3807 Avenue N, on February 7 and 8, 2006 from
10:00 a.m. until 10:00 p.m. each day for the Mid-America Alfalfa Expo.
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7231 – AMEND SECTION
9-1047 OF CITY CODE
The State has, by Section 18-1901
et. seq., authorized the creation of a board for the examination of plumbers in
each city which hold examinations, recommend standards and materials, and
applicants for licenses. Section 9-1047 “Examining Board for Plumbers” of the
City Code needs to be amended to better define the duties and requirements of
the Board. Some of the noted changes include:
- The City’s Water Quality
Coordinator to serve on the Board
- The Chief Building Official
shall serve as an ex-officio member of the Board
- All meetings will be held in
the Council Chambers upon call by the Chief Building Official at such
intervals as may be necessary for the proper performance of its duties,
but in any case not less than twice a year
- The members shall select a
chairman from their own number, but not the Chief Building Official
- Such chairman shall hold office
until July 31 following, or until his/her successor has been selected
annually in August
- The Board shall meet within ten
(10) days following the appointment of any new member
With the adoption of these
amendments, it will coincide with the policy adopted last year for a more
formal procedural guide for Boards and Commissions. There is currently a
position on the Examining Board for Plumbers that has expired. At the next
meeting, you will be appointing a Journeyman Plumber to fill that position and
the Board will be complete.
Council Member Hadley introduced
Ordinance No. 7231, being Subsection 1 of Agenda Item V to amend Section 9-1047
“Examining Board for Plumbers” of Division III “Licensing and Regulation of
Plumbers” of Article 10 “Plumbing Code” of Chapter 9 “Public Works” of the Code
of the City of Kearney to clarify the language and define the duties of the
Examining Board for Plumbers, and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Kearney seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk called the
roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter,
Lear. Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and adopted.
City Clerk read Ordinance No. 7231 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Kearney seconded by
Clouse that Ordinance No. 7231 be passed, approved and published as required by
law. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear,
Clouse. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7231 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
VI. REGULAR AGENDA
ORDINANCE NO. 7232 – REZONE NORTH
OF 39TH STREET AND EAST OF ANTELOPE AVENUE
Council Member Clouse introduced
Ordinance No. 7232, being Subsection 1 of Agenda Item VI to rezone from
“District AG, Agricultural District” to “District M-1, Limited Industrial
District” property described as a tract of land being part of Government Lots 1
and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range
15 West of the 6th P.M., containing 10.69 acres, more or less, Buffalo County,
Nebraska (north of 39th Street and east of Antelope Avenue), and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Lear seconded the motion to
suspend the rules. President of the Council asked for discussion or if anyone
in the audience was interested in the ordinance. No one responded. Clerk called
the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse,
Kearney. Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and adopted.
City Clerk read Ordinance No. 7232 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7232 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Hadley, Lear, Clouse,
Kearney, Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7232 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
ORDINANCE NO. 7233 – CONDITIONAL
USE PERMIT TO RCOM, LLC
Council Member Clouse introduced
Ordinance No. 7233, being Subsection 2 of Agenda Item VI to grant a Conditional
Use Permit to Russ Hilliard for RCom, LLC (Applicant) and Andrea S. Lowe and
John G. Lowe, III (Owner) to locate a 35-foot radio tower on property zoned
“District C-2, Community Commercial District” and described as Lots 15, 16, 17,
18, 19, and 20, Harrington’s Choice Addition to the City of Kearney, Buffalo
County, Nebraska (3719 2nd Avenue) subject to the City receiving the executed
Acknowledgment, and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final passage.
Council Member Lear seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend
the rules having been concurred in by three-fourths of the City Council, said
motion was declared passed and adopted. City Clerk read Ordinance No. 7233 by number.
Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney.
Nay: None. Motion carried. Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7233 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Hadley, Lear, Clouse,
Kearney, Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7233 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
ORDINANCE NO. 7234 – VACATE
PORTION OF G & K ADDITION
Mayor Hadley stated that this
ordinance pertains to Public Hearings 5, 6 and 7 which have been tabled at the
request of the applicant.
Moved by Buschkoetter seconded by
Hadley to table Ordinance No. 7234 until January 24, 2006. Roll call resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
ORDINANCE NO. 7235 – REZONE NORTH
OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE
Mayor Hadley stated that this
ordinance pertains to Public Hearings 5, 6 and 7 which have been tabled at the
request of the applicant.
Moved by Buschkoetter seconded by
Hadley to table Ordinance No. 7235 until January 24, 2006. Roll call resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
ORDINANCE NO. 7236 – REZONE 4305
LONG ISLAND ROAD
Council Member Hadley introduced
Ordinance No. 7236, being Subsection 5 of Agenda Item VI to rezone from
“District AG, Agricultural District” to “District RR-1, Rural Residential
District (Rural Standards)” property described as a tract of land being the
South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16
West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06
acres, more or less, are presently being used for road purposes, all in Buffalo
County, Nebraska (4305 Long Island Road), and moved that the statutory rules
requiring ordinances to be read by title on three different days be suspended
and said ordinances be considered for passage on the same day upon reading by
number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then
upon its final passage. Council Member Kearney seconded the motion to suspend
the rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk called the
roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter,
Lear. Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and adopted.
City Clerk read Ordinance No. 7236 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Kearney seconded by
Clouse that Ordinance No. 7236 be passed, approved and published as required by
law. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear,
Clouse. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7236 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
ORDINANCE NO. 7237 – VACATE
PLATTED SETBACK IN SKIVIEW ESTATES THIRD
The applicant submitted an
application to vacate an existing platted front setback line for Lots 1 and 2
of Block 1 and Lots 17, 18 and 20 of Block 4, all in Skiview Estates Third
Addition. The property is zoned R-1 and the minimum setback required by Code
is 25 feet, but the developer platted a 35-foot front setback on these lots.
The developer would now
like to vacate these setbacks so that the required setback will default to the
ordinance requirement of 25 feet. This will allow a larger house to be built
on these lots.
At the Planning Commission
meeting, the commissioners discussed whether it was fair to owners of existing
houses to allow the setbacks on adjacent lots to be less restrictive. In
essence, the new home could project ten feet further toward the street with a
25-foot setback than the existing home with the 35-foot setback. The applicant
said he would visit with the owners of the existing houses to get their
approval prior to the City Council meeting.
Mitch Humphrey from Buffalo
Surveying presented that matter to the Council. Planning Commission brought up
the fact that the vacation of a building setback line is not required to be
posted or required to be a public hearing on the agenda. The Planning
Commission recommended that he talk with the adjoining owners, who are not
involved with the setback issue and get their approval. He presented a letter
to the Council that was signed by three of the five non-involved owners. There
are some other lots along the street that are owned by some of the applicants
who would obviously consent to this action. There are two owners who did not
sign it. He spoke with one just before this meeting and they chose not become
involved. The other is a builder and owner of a vacant lot who has been out of
town and was not available to sign.
Council Member Clouse introduced
Ordinance No. 7237, being Subsection 6 of Agenda Item VI to vacate the 35-foot
building setback as platted on Lots 1 and 2 of Block 1 (along Avenue E), and as
platted on Lots 17, 18 and 20 of Block 4, all in Skiview Estates Third, an
addition to the City of Kearney, Buffalo County, Nebraska, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Lear seconded the motion to
suspend the rules. President of the Council asked for discussion or if anyone
in the audience was interested in the ordinance. No one responded. Clerk called
the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse,
Kearney. Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and adopted.
City Clerk read Ordinance No. 7237 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7237 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Hadley, Lear, Clouse,
Kearney, Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7237 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
OPEN ACCOUNT CLAIMS; NEBRASKA
PUBLIC POWER DISTRICT - $34.24; FREMONT NATIONAL BANK - $38,311.66; PLATTE
VALLEY STATE BANK - $100.00; SCHOOL DISTRICT #7 - $2,672.15
Moved by Buschkoetter seconded by
Hadley that Open Account Claims in the amount of $34.24 payable to Nebraska
Public Power District; in the amount of $38,311.66 payable to Fremont National
Bank; and in the amount of $100.00 payable to Platte Valley State Bank be
allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter.
Nay: None. Clouse and Lear abstained. Motion carried.
Moved by Hadley seconded by
Kearney that Open Account Claims in the amount of $2,672.15 payable to School
District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Kearney,
Lear, Clouse. Nay: None. Buschkoetter abstained. Motion carried.
VII. REPORTS
UNK STUDENT GOVERNMENT REPRESENTATIVE
Matthew Urkoski introduced
himself to the Mayor and Council as UNK’s Student Government representative.
VIII. ADJOURN
Moved by Buschkoetter seconded by
Hadley that Council adjourn at 7:46 p.m. Roll call resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK