Kearney, Nebraska
April 11, 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
April 11, 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: Bob Lammers, Richard Lush, Kent Cordes, Mitch Humphrey, Lance
Lang, Bruce Grupe, Victor Karg, Jim Tacha, Bart Langenberg, Steve Altmaier from
KGFW Radio, and Todd Gottula from Kearney Hub.
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
The Council held a moment of silent
prayer.
PLEDGE OF ALLEGIANCE
Boy Scouts from Troop 158 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
BOARD OF EQUALIZATION – 2004 PART
I IMPROVEMENTS
Council member Lear vacated his
chair and abstained from discussion and voting for the reason Dione Steinbrink
is a member of the Platte Valley State Bank and has made application for deferment
of special assessments.
Moved by Kearney seconded by
Clouse to remove from the table the public hearing for the City Council to meet
as a Board of Equalization to assess costs for 2004 Part I Improvements
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from LaCrosse Drive to 39th Street. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Lear abstained. Motion carried.
On March 23, 2004, the Council
created Paving Improvement District No. 2004-885 for 30th Avenue from LaCrosse Drive to 39th Street. The paving portion considered for assessment is represented
by all labor, materials, and equipment required to pave a 36-foot wide, 6-inch
thick concrete street. Paving width/thickness, oversizing and intersections are
not subject to assessment. On an arterial, the City does not assess back to a
single family or duplex; that is general obligation. The City does try to
limit the number of driveways on the arterial.
Resolution No. 98-120, passed by
the Council on May 26, 1998, established a policy for assessment standards for
paving districts. Single family and duplex development along arterial streets
are not assessed for paving improvements. The intent of the policy was to give
developers an incentive to develop low density residential along the arterial
street system in order to reduce the access points improving safety and traffic
flow along our arterial street system.
After completion of the
construction project, the City hired a title company to complete property
abstracts so that assessments could be levied. Attached is the schedule of the
assessments which will be levied for the said paving district. This district
has been completed and, in order to satisfy state law, when paving, water and
sewer districts are completed, the City Council must act as a Board of
Equalization to levy assessments on properties so benefited. Property owners
will then be required to pay the first installment within 50 days (May 31,
2006) or will be able to pay the entire assessment without any interest prior
to this date.
At the last meeting, staff
requested the public hearing be tabled until this meeting for the reason two
property owners were interested in applying for a deferment of special
assessments. Section 19-2429 of the Nebraska Revised Statutes provides any
owner of record title to make application to the city council for deferral of
special assessments within ninety days after creation of an improvement
district. Such land shall be adjacent to the city, which is within an
agricultural use zone and is used exclusively for agricultural use. Therefore,
Subsection 3 of the Consent Agenda is the applications submitted by Paul and
Dione Steinbrink and DT Development Inc. requesting an agricultural deferral from
special assessments pursuant to Neb. Rev. Stat. Sections 19-2428 to 19-2431.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by
Buschkoetter to close the hearing as the Board of Equalization and approve to
assess costs for 2004 Part I Improvements consisting of Paving Improvement
District No. 2004-885 for 30th Avenue from LaCrosse Drive to 39th Street and approve Resolution No. 2006-44. Roll call resulted as follows: Aye: Hadley,
Clouse, Kearney, Buschkoetter, Lear. Nay: None. Lear abstaining. Motion
carried.
RESOLUTION
NO. 2006-44
BE
IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:
Section 1. The
President and Council find and determine that the street in Paving Improvement
District No. 2004-885 has been improved by paving, curbing and guttering and
incidental work, that none of the properties listed, which list is marked
Exhibit “A” and made a part hereof by reference, were damaged thereby and that
the amounts shown in the attached schedules do not exceed the amounts which
each of said lots and parcels of ground were specially benefited by said
improvements and the total amount of said special assessments does not exceed
the costs of said improvements exclusive of the cost of the intersections and
areas formed by the crossing of streets, avenues and alleys as heretofore
determined by the Mayor and City Council.
Section 2. Notice of
the time and purpose of hearing on special assessments for equalizing said
special assessments has been published as provided by law in the Kearney Hub,
and a copy of said notice was mailed by certified mail to each party known to
have a direct legal interest therein.
Section 3. That
there be and there is hereby levied against each lot and parcel of ground set
out in Exhibit “A” the amount set opposite each lot and parcel of ground. Said
assessments for Paving Improvement District No. 2004-885 shall become
delinquent as follows:
1/10th fifty days
after date of this Resolution
1/10th one year after
date of this Resolution
1/10th two years
after date of this Resolution
1/10th three years
after date of this Resolution
1/10th four years
after date of this Resolution
1/10th five years
after date of this Resolution
1/10th six years
after date of this Resolution
1/10th seven years
after date of this Resolution
1/10th eight years
after date of this Resolution
1/10th nine years
after date of this Resolution
Each installment, except the
first, shall draw interest at the rate of seven per centum per annum from date
of this Resolution until the same become delinquent and after they become
delinquent at the rate of fourteen per centum per annum until paid.
PASSED AND APPROVED
THIS 11TH DAY OF APRIL, 2006.
ATTEST: GALEN D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
AMEND LAND USE MAP – WEST OF
AVENUE M, EAST OF AVENUE K BETWEEN 14TH STREET AND 15TH STREET
Public Hearings 2, 3 and 4 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 “Medium Density Residential” to “Low
Density Residential” property described as Lots 1617 and 1618, Original Town of
Kearney Junction now the City of Kearney, Buffalo County, Nebraska together
with all of vacated Avenue L from the north line of 14th Street to the south
line of 15th Street and as the same abuts said Lot 1617 on the east and said
Lot 1618 on the west, together with the vacated south seven feet of 15th Street
abutting said Lots 1617, 1618, and the said vacated Avenue L (mentioned above)
on the north, together with the vacated north seven feet of 14th Street
abutting said Lots 1617, 1618 and said vacated Avenue L (above mentioned) on
the south, and together with the vacated east seven feet of Avenue K abutting
said Lot 1617 and said vacated portions of 15th Street and 14th Street (above
mentioned) on the west, all in the City of Kearney, Buffalo County, Nebraska (west
of Avenue M, east of Avenue K between 14th Street and 15th Street) and to
consider approval of Resolution No. 2006-50.
Planning Commission recommended
approval subject to seven feet of vacated right-of-way along 14th Street and 15th Street is included in the lot area; ten feet of additional right-of-way
is dedicated on this plat for Avenue M; and an eight-foot wide hike-bike
trail/public sidewalk shall be constructed along Avenue M.
The applicant is requesting
approval to rezone and plat a tract of land that was previously approved for
planned district duplex development in southeast Kearney. The property is
located just north of Hammer Park west of Avenue M, east of Avenue K and
between 14th Street and 15th Street. The current proposal is to develop this
property for single-family homes. This project requires approval of a
vacation, amendment to the Future Land Use Map, rezoning, and subdivision
platting.
Lots 1617 and 1618 of the
Original Town of Kearney Junction, now the City of Kearney, need to be vacated
so that this land area can be replatted as Hammer Park Estates.
The Future Land Use Map of the
City of Kearney Comprehensive Development Plan shows this area to be “Medium
Density Residential” since the property was proposed for duplex development.
The proposed single-family subdivision will require amending the map to “Low
Density Residential”, the corresponding land use category for the requested
zoning of R-1.
The rezoning request is from
R-2/PD to R-1 which is acceptable to staff and Planning Commission.
The Preliminary and Final Plat,
to be known as Hammer Park Estates, consist of 15 lots with the interior lots
averaging 65 feet x 157 feet or 0.23 acres and the corner lots wider at 84 to
90 feet in width.
It should also be noted
that the existing structures on the property will be burned in a practice drill
by Kearney Volunteer Fire Department, and that no Public Works Plan is required
as all improvements are in place.
Mitch Humphrey from Buffalo
Surveying presented this matter to the Council. The proposal brought to the
City was to change this to develop this site into a higher density type of
development, but at this time the ownership has changed. The final plat
consists of 15 lots, which exceeds the City’s minimum standard. The inclusion
of the vacated right-of-way will be dedicated along Avenue M to allow for the
property width of the arterial street along that corridor.
Council member Kearney
complimented the development of that southeast area and has shown significant
improvement over the last 26 years. Mr. Humphrey agreed that with the
inclusion of the paving that the City accomplished a few years ago, the paving
to be done in the future and the housing that is going up has made a very nice
and affordable area.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by
Buschkoetter to close the hearing and approve the proposed amendment to the
Land Use Map of the City of Kearney Comprehensive Development Plan from “Medium
Density Residential” to “Low Density Residential” property described as Lots
1617 and 1618, Original Town of Kearney Junction now the City of Kearney,
Buffalo County, Nebraska together with all of vacated Avenue L from the north
line of 14th Street to the south line of 15th Street and as the same abuts said
Lot 1617 on the east and said Lot 1618 on the west, together with the vacated
south seven feet of 15th Street abutting said Lots 1617, 1618, and the said
vacated Avenue L (mentioned above) on the north, together with the vacated
north seven feet of 14th Street abutting said Lots 1617, 1618 and said vacated
Avenue L (above mentioned) on the south, and together with the vacated east
seven feet of Avenue K abutting said Lot 1617 and said vacated portions of 15th
Street and 14th Street (above mentioned) on the west, all in the City of
Kearney, Buffalo County, Nebraska (west of Avenue M, east of Avenue K between
14th Street and 15th Street) and approve Resolution No. 2006-50. Roll call
resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay:
None. Motion carried.
RESOLUTION
NO. 2006-50
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 Lots 1617 and 1618,
Original Town of Kearney Junction now the City of Kearney, Buffalo County,
Nebraska together with all of vacated Avenue L from the north line of 14th
Street to the south line of 15th Street and as the same abuts said Lot 1617 on
the east and said Lot 1618 on the west, together with the vacated south seven
feet of 15th Street abutting said Lots 1617, 1618, and the said vacated Avenue
L (mentioned above) on the north, together with the vacated north seven feet of
14th Street abutting said Lots 1617, 1618 and said vacated Avenue L (above
mentioned) on the south, and together with the vacated east seven feet of
Avenue K abutting said Lot 1617 and said vacated portions of 15th Street and
14th Street (above mentioned) on the west, all in the City of Kearney, Buffalo
County, Nebraska (west of Avenue M, east of Avenue K between 14th Street and
15th Street), from “Medium Density Residential” to “Low Density Residential”,
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 “Medium
Density Residential” to “Low Density Residential” the use classification for
the area described as Lots 1617 and 1618, Original Town of Kearney Junction now
the City of Kearney, Buffalo County, Nebraska together with all of vacated
Avenue L from the north line of 14th Street to the south line of 15th Street
and as the same abuts said Lot 1617 on the east and said Lot 1618 on the west,
together with the vacated south seven feet of 15th Street abutting said Lots
1617, 1618, and the said vacated Avenue L (mentioned above) on the north,
together with the vacated north seven feet of 14th Street abutting said Lots
1617, 1618 and said vacated Avenue L (above mentioned) on the south, and
together with the vacated east seven feet of Avenue K abutting said Lot 1617
and said vacated portions of 15th Street and 14th Street (above mentioned) on
the west, all in the City of Kearney, Buffalo County, Nebraska (west of Avenue
M, east of Avenue K between 14th Street and 15th Street).
PASSED AND APPROVED
THIS 11TH DAY OF APRIL, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
REZONING – WEST OF AVENUE M, EAST
OF AVENUE K BETWEEN 14TH STREET AND 15TH STREET
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying
(Applicant) for Danny Starostka and Starostka Group Unlimited, Inc. (Owner) to
rezone from “District R-2/PD, Rural Residential District (Intermediate
Standards)/Planned Development Overlay District” to “District R-1, Urban
Residential Single-Family District (Low Density)” property described as Lots
1617 and 1618, Original Town of Kearney Junction now the City of Kearney,
Buffalo County, Nebraska together with all of vacated Avenue L from the north
line of 14th Street to the south line of 15th Street and as the same abuts said
Lot 1617 on the east and said Lot 1618 on the west, together with the vacated
south seven feet of 15th Street abutting said Lots 1617, 1618, and the said
vacated Avenue L (mentioned above) on the north, together with the vacated
north seven feet of 14th Street abutting said Lots 1617, 1618 and said vacated
Avenue L (above mentioned) on the south, and together with the vacated east
seven feet of Avenue K abutting said Lot 1617 and said vacated portions of 15th
Street and 14th Street (above mentioned) on the west, all in the City of
Kearney, Buffalo County, Nebraska (west of Avenue M, east of Avenue K between
14th Street and 15th Street).
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 Mitch
Humphrey from Buffalo Surveying (Applicant) for Danny Starostka and Starostka
Group Unlimited, Inc. (Owner) to rezone from “District R-2/PD, Rural
Residential District (Intermediate Standards)/Planned Development Overlay
District” to “District R-1, Urban Residential Single-Family District (Low
Density)” property described as Lots 1617 and 1618, Original Town of Kearney
Junction now the City of Kearney, Buffalo County, Nebraska together with all of
vacated Avenue L from the north line of 14th Street to the south line of 15th
Street and as the same abuts said Lot 1617 on the east and said Lot 1618 on the
west, together with the vacated south seven feet of 15th Street abutting said
Lots 1617, 1618, and the said vacated Avenue L (mentioned above) on the north,
together with the vacated north seven feet of 14th Street abutting said Lots
1617, 1618 and said vacated Avenue L (above mentioned) on the south, and
together with the vacated east seven feet of Avenue K abutting said Lot 1617
and said vacated portions of 15th Street and 14th Street (above mentioned) on
the west, all in the City of Kearney, Buffalo County, Nebraska (west of Avenue
M, east of Avenue K between 14th Street and 15th Street). Roll call resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion
carried.
FINAL PLAT – HAMMER PARK ESTATES
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying
(Applicant) for Danny Starostka and Starostka Group Unlimited, Inc. (Owner) for
final plat approval for “HAMMER PARK ESTATES” a subdivision being Lots 1617 and
1618, Original Town of Kearney Junction now the City of Kearney, Buffalo
County, Nebraska together with all of vacated Avenue L from the north line of
14th Street to the south line of 15th Street and as the same abuts said Lot
1617 on the east and said Lot 1618 on the west, together with the vacated south
seven feet of 15th Street abutting said Lots 1617, 1618, and the said vacated
Avenue L (mentioned above) on the north, together with the vacated north seven
feet of 14th Street abutting said Lots 1617, 1618 and said vacated Avenue L
(above mentioned) on the south, and together with the vacated east seven feet
of Avenue K abutting said Lot 1617 and said vacated portions of 15th Street and
14th Street (above mentioned) on the west, all in the City of Kearney, Buffalo
County, Nebraska (west of Avenue M, east of Avenue K between 14th Street and
15th Street) and to consider approval of Resolution No. 2006-51.
There was no one present in
opposition to this hearing.
Moved by Hadley seconded by
Kearney to close the hearing and approve the Application submitted by Mitch
Humphrey from Buffalo Surveying (Applicant) for Danny Starostka and Starostka
Group Unlimited, Inc. (Owner) for final plat approval for “HAMMER PARK ESTATES”
a subdivision being Lots 1617 and 1618, Original Town of Kearney Junction now
the City of Kearney, Buffalo County, Nebraska together with all of vacated
Avenue L from the north line of 14th Street to the south line of 15th Street
and as the same abuts said Lot 1617 on the east and said Lot 1618 on the west,
together with the vacated south seven feet of 15th Street abutting said Lots
1617, 1618, and the said vacated Avenue L (mentioned above) on the north,
together with the vacated north seven feet of 14th Street abutting said Lots
1617, 1618 and said vacated Avenue L (above mentioned) on the south, and
together with the vacated east seven feet of Avenue K abutting said Lot 1617
and said vacated portions of 15th Street and 14th Street (above mentioned) on
the west, all in the City of Kearney, Buffalo County, Nebraska (west of Avenue
M, east of Avenue K between 14th Street and 15th Street) and approve
Resolution No. 2006-51 subject to compliance with the following
conditions: (1) the vacated seven feet of right-of-way along 14th Street and
15th Street shall be included in the lot area, (2) ten feet of additional
right-of-way shall be dedicated on the plat for Avenue M, and (3) an eight-foot
wide hike/bike trail public sidewalk shall be constructed along Avenue M. Roll
call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2006-51
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of
“HAMMER PARK ESTATES”, a subdivision being Lots 1617 and 1618, Original Town of
Kearney Junction now the City of Kearney, Buffalo County, Nebraska together
with all of vacated Avenue L from the north line of 14th Street to the south
line of 15th Street and as the same abuts said Lot 1617 on the east and said
Lot 1618 on the west, together with the vacated south seven feet of 15th Street
abutting said Lots 1617, 1618, and the said vacated Avenue L (mentioned above)
on the north, together with the vacated north seven feet of 14th Street
abutting said Lots 1617, 1618 and said vacated Avenue L (above mentioned) on
the south, and together with the vacated east seven feet of Avenue K abutting
said Lot 1617 and said vacated portions of 15th Street and 14th Street (above
mentioned) on the west, all in the City of Kearney, Buffalo County, Nebraska
duly made out, acknowledged and certified, and the same hereby is approved subject
to compliance with the following conditions: (1) the vacated seven feet of
right-of-way along 14th Street and 15th Street shall be included in the lot
area, (2) ten feet of additional right-of-way shall be dedicated on the plat
for Avenue M, and (3) an eight-foot wide hike/bike trail public sidewalk shall
be constructed along Avenue M, and in accordance with the provisions and
requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and
ordered filed and recorded in the Office of the Register of Deeds of Buffalo
County, Nebraska; said addition is hereby included within the corporate limits
of said City and shall be and become a part of said City for all purposes
whatsoever, and the inhabits of such addition shall be entitled to all the
rights and privileges and shall be subject to all laws, ordinances, rules and
regulations of said City.
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 11TH DAY OF APRIL, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
AMEND LAND USE MAP – 1790 ANTELOPE AVENUE
Mayor Hadley stated that the City
received a letter from the applicant requesting that Public Hearings 5, 6 and 7
be tabled until April 25, 2006.
Moved by Kearney seconded by
Clouse to table until April 25, 2006 the hearing on the proposed amendment to
the Land Use Map of the City of Kearney Comprehensive Development Plan from
“Agricultural Preserve” to “Rural Estates” property described as a tract of
land being part of the Northeast Quarter of the Southeast Quarter of Section 6,
Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or
less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as
follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried.
REZONING – 1790 ANTELOPE AVENUE
Mayor Hadley stated that the City
received a letter from the applicant requesting that Public Hearings 5, 6 and 7
be tabled until April 25, 2006.
Moved by Kearney seconded by
Clouse to table until April 25, 2006 the hearing on the Application submitted
by Trenton Snow, Land Surveyor (Applicant) for Sylvia Pemberton, Personal
Representative of the Estate for Virgil Pemberton (deceased) (Owner) to rezone
from “District AG, Agricultural District” to “District RR-2, Rural Residential
District (Intermediate Standards)” property described as a tract of land being
part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8
North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less,
Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as follows:
Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
FINAL PLAT – PEMBERTON SUBDIVISION
Mayor Hadley stated that the City
received a letter from the applicant requesting that Public Hearings 5, 6 and 7
be tabled until April 25, 2006.
Moved by Kearney seconded by
Clouse to table until April 25, 2006 the hearing on the Application submitted
by Trenton Snow, Land Surveyor (Applicant) for Sylvia Pemberton, Personal
Representative of the Estate for Virgil Pemberton (deceased) (Owner) for final
plat approval and Subdivision Agreement for “PEMBERTON SUBDIVISION” a
subdivision being a tract of land being part of the Northeast Quarter of the
Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th
P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790
Antelope Avenue). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
REZONING – ¼ MILE EAST OF DOVE HILL AVENUE AND ½ MILE SOUTH OF 56TH STREET
Public Hearings 8 and 9 were
discussed together but voted on separately.
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying
(Applicant) for Victor and Eleanor Karg (Owner) to rezone from “District AG,
Agricultural District” to “District RR-1, Rural Residential District (Rural
Standards)” property described as a tract of land being Government Lot 13 and
part of Government Lot 24 of Section 30, Township 9 North, Range 16 West of the
6th P.M., containing 26.102 acres, more or less, Buffalo County, Nebraska (¼
mile east of Dove Hill Avenue and ½ mile south of 56th Street). Planning
Commission recommended approval.
The applicant is requesting
approval to rezone and plat a rural subdivision located partially in the
two-mile extraterritorial jurisdiction and partially in Buffalo County west of Dove Hill Avenue and south of 56th Street. The terrain consists of rolling
hills and pasture. Approximately two-thirds of the land area proposed in this
subdivision is in the jurisdiction of Buffalo County and one-third is within
the city jurisdiction. Phase one of this project is located outside of the
city jurisdiction and both phase one and phase two have been approved by the
Buffalo County Board of Supervisors. This project requires approval of
rezoning and subdivision platting.
The rezoning request is
from Agricultural to RR-1, Rural Residential District (Rural Standards) since
the residences will be served by gravel streets and individual well and septic
systems. The corresponding Buffalo County zoning is AGR.
The Preliminary and Final
Plat, to be known as Eagle View 2nd Subdivision, consists of 80 acres of land
and 22 lots ranging from three to five acres in size. The Preliminary Plat was
approved by the Planning Commission on March 17, 2006 and the entire
subdivision was previously approved by the Buffalo County Board of
Supervisors. The city jurisdiction line affects twelve of the lots, namely Block
2, Lots 1-5, and 7-10 and Block 3, Lots 1 and 2 and lake Lot A.
The streets in this
subdivision are constructed to Buffalo County standards and are not dedicated
to the City of Kearney nor maintained by the City of Kearney. No Public Works
Plan or Subdivision Agreement is required.
Mitch Humphrey from Buffalo
Surveying presented this matter to the Council. The proposal is to develop this
into single residential lots, which will be a little more than three acres
each. A portion of 39th Street will be dedicated in order to start completing
the pieces of the puzzle to allow for the future extension of 39th Street, which many in this neighborhood believe is warranted. This property does
straddle the jurisdictional lines between Buffalo County and the City of Kearney. In order to accommodate the inter-jurisdictional issues involved, they decided
that it would be best to run the same plat through and have the governing
bodies support and approve the plat as shown. This would involve the City
approving 1/4 to 1/3 of the plat, and Buffalo County has already approved the
balance of the document at a prior meeting.
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 Victor and Eleanor Karg (Owner) to
rezone from “District AG, Agricultural District” to “District RR-1, Rural
Residential District (Rural Standards)” property described as a tract of land
being Government Lot 13 and part of Government Lot 24 of Section 30, Township 9
North, Range 16 West of the 6th P.M., containing 26.102 acres, more or less,
Buffalo County, Nebraska (¼ mile east of Dove Hill Avenue and ½ mile south of
56th Street). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
FINAL PLAT – EAGLE VIEW ESTATES
SECOND
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying
(Applicant) for Victor and Eleanor Karg (Owner) for final plat approval for
“EAGLE VIEW ESTATES SECOND” a subdivision being a tract of land being
Government Lot 13 and part of Government Lot 24 of Section 30, Township 9
North, Range 16 West of the 6th P.M., containing 81.95 acres, more or less,
Buffalo County, Nebraska (¼ mile east of Dove Hill Avenue and ½ mile south of
56th Street) and to consider approval of Resolution No. 2006-54.
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 Victor and Eleanor Karg (Owner) for
final plat approval for “EAGLE VIEW ESTATES SECOND” a subdivision being a tract
of land being Government Lot 13 and part of Government Lot 24 of Section 30,
Township 9 North, Range 16 West of the 6th P.M., containing 81.95 acres, more
or less, Buffalo County, Nebraska (¼ mile east of Dove Hill Avenue and ½ mile
south of 56th Street) and approve Resolution No. 2006-54. Roll call resulted as
follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried.
RESOLUTION
NO. 2006-54
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “EAGLE
VIEW ESTATES SECOND” a subdivision being a tract of land being Government Lot
13 and part of Government Lot 24 of Section 30, Township 9 North, Range 16 West
of the 6th P.M., containing 81.95 acres, more or less, 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 11TH DAY OF APRIL, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
PROPOSED AMENDMENTS TO THE UNIFIED
LAND DEVELOPMENT ORDINANCE, BEING A PART OF THE CODE OF THE CITY OF KEARNEY
Mayor Hadley
opened the public hearing on the following proposed amendments to the Unified
Land Development Ordinance, being a part of the Code of the City of Kearney:
- Section
12-122 “S” of Chapter 12 “Definitions” to include State Highways, Federal
Highways, and Interstate 80 in Subparagraph L “Street” definition.
- Section
14-102 “Establishment of Districts” of Chapter 14 “Zoning District
Regulations” to delete any reference to “District ICMU, Interstate
Corridor Mixed Use District”.
- Section
15-102 “Site Development Regulations” of Chapter 15 “District AG,
Agricultural District” to decrease the acreage to 20 acres for Site Area
per Housing Unit and the Minimum Lot Area for 1-Family Units and to
provide special provisions for land contained in Wellhead Protection Area
Zones 1 and 3 that Site Area per Housing Unit and Minimum Lot Area shall
be 40 acres; and to increase the Minimum Depth of Open Space Adjacent to
Street Right-of-Way Line to 50 feet.
- Section
16-102 “Site Development Regulations” of Chapter 16 “District RR-1, Rural
Residential District (Rural Standards)” to increase the Minimum Depth of
Landscaping Adjacent to Street Right-of-Way Line to 50 feet.
- Section
18-102 “Site Development Regulations” of Chapter 18 “District RR-2, Rural
Residential District (Intermediate Standards)” to increase the Minimum
Yards for Side Yard to 25 feet and the Street Side Yard to 50 feet, and to
increase the Minimum Depth of Landscaping Adjacent to Street Right-of-Way
Line to 50 feet.
- Section
19-102 “Site Development Regulations” of Chapter 19 “District R-1, Urban
Residential Single-Family District (Low Density)” to provide requirements
for property adjacent to Interstate 80 for Minimum Yards for Street Side
Yard and Rear Yard, and the Minimum Depth of Landscaping Adjacent to
Street Right-of-Way Line at 50 feet.
- Section
20-102 “Site Development Regulations” of Chapter 20 “District R-2, Urban
Residential Mixed-Density District” to increase the Minimum Lot Width in
Conventional Development to 70 feet for 1-Family Detached, 1-Family
Attached and Other Permitted Uses; to increase the Minimum Yards for
Street Side Yard to 25 feet; to provide requirements for property adjacent
to Interstate 80 for Minimum Yards for Street Side Yard and Rear Yard at
50 feet; and to provide requirements for property adjacent to Interstate
80 for the Minimum Depth of Landscaping Adjacent to Street Right-of-Way
Line at 50 feet.
- Section
21-102 “Site Development Regulations” of Chapter 21 “District R-3, Urban
Residential Multi-Family District (Medium-Density)” to increase the
Minimum Yards for Street Side Yard to 25 feet; to provide requirements for
property adjacent to Interstate 80 for Minimum Yards for Street Side Yard
and Rear Yard at 50 feet; and to establish a 50 foot minimum bufferyard
from the Interstate 80 right-of-way for properties adjacent to Interstate
80.
- Section
22-102 “Site Development Regulations” of Chapter 22 “District R-4, Urban
Residential Multi-Family District (High-Density)” to increase the Minimum
Yards for Street Side Yard to 25 feet; to provide requirements for
property adjacent to Interstate 80 for Minimum Yards for Street Side Yard
and Rear Yard at 50 feet; and to establish a 50 foot minimum bufferyard
from the Interstate 80 right-of-way for properties adjacent to Interstate
80.
- Section
24-102 “Site Development Regulations” of Chapter 24 “District UC, Mixed
Use Urban Corridor District” to provide requirements for property adjacent
to Interstate 80 for Minimum Yards for Rear Yard at 50 feet; and to
establish a 50 foot minimum bufferyard from the Interstate 80 right-of-way
for properties adjacent to Interstate 80.
- Section
25-102 “Site Development Regulations” of Chapter 25 “District C-0, Office
District” to provide requirements for property adjacent to Interstate 80
for Minimum Yards for Street Side Yard and Rear Yard at 50 feet; and to
establish a 50 foot minimum bufferyard from the Interstate 80 right-of-way
for properties adjacent to Interstate 80.
- Section
26-102 “Site Development Regulations” of Chapter 26 “District C-1, Limited
Commercial District” to provide requirements for property adjacent to
Interstate 80 for Minimum Yards for Street Side Yard and Rear Yard at 50
feet; and to establish a 50 foot minimum bufferyard from the Interstate 80
right-of-way for properties adjacent to Interstate 80.
- Section
27-102 “Site Development Regulations” of Chapter 27 “District C-2,
Community Commercial District” to provide requirements for property
adjacent to Interstate 80 for Minimum Yards for Street Side Yard and Rear
Yard at 50 feet; and to establish a 50 foot minimum bufferyard from the
Interstate 80 right-of-way for properties adjacent to Interstate 80; and
to provide the requirement that all services and loading areas shall be
entirely screened from view.
- Section
29-102 “Site Development Regulations” of Chapter 29 “District C-3, General
Commercial District” to provide requirements for property adjacent to
Interstate 80 for Minimum Yards for Street Side Yard and Rear Yard at 50
feet; and to establish a 50 foot minimum bufferyard from the Interstate 80
right-of-way for properties adjacent to Interstate 80.
- Section
30-102 “Site Development Regulations” of Chapter 30 “District BP, Business
Park District” to provide requirements for property adjacent to Interstate
80 for Minimum Yards for Street Side Yard and Rear Yard at 50 feet; and to
establish a 50 foot minimum bufferyard from the Interstate 80 right-of-way
for properties adjacent to Interstate 80.
- Section
34-102 “Establishment of Districts” of Chapter 34 “Special Districts” to
delete any reference to “District ICMU, Interstate Corridor Mixed Use
District.
- Chapter 35
“District ICMU, Interstate Corridor Mixed Use District” is deleted in its
entirety.
- Chapter 48
“Landscaping and Screening Standards” to delete Table 48-1: “Required
Landscape Depth Adjacent to Street Property Lines” in its entirety;
Section 48-105 “Bufferyard Provisions” Paragraph A. Applications to
provide requirements for property that directly abuts Interstate 80
right-of-way; and to provide landscaping requirements in the bufferyard
adjacent to Interstate 80 to Paragraph C. Landscaping in the Bufferyard.
- Table 50-4
“Permitted Signs by Numbers, Dimensions, and Location” of Chapter 50 “Sign
Regulations” to delete any reference to “District ICMU, Interstate
Corridor Mixed Use District”.
City Planner Lance Lang
presented this matter to the Council. The majority of these changes are proposed
as a result of eliminating the ICMU, Interstate Corridor Mixed Use Zone (eg.
The “point system”). There are also a few “housekeeping” amendments included.
Last year the City Council
authorized staff to organize a task force to investigate in-house revisions or
perhaps elimination of ICMU zoning. A task force was formed and several
meetings were held. Staff proposed some revisions and then presented a revised
zoning plan to the landowner’s in the area. Last month amendments to the
Official Zoning Map were continued to the next Planning Commission meeting, but
the text amendments were heard and brought forward with recommendations for
City Council review and action.
Many of the changes will be
repetitious because we are trying to promote equality in each of the zoning
districts. For example, staff decided that a fifty-foot buffer strip would be
necessary for those properties that directly abut the Interstate 80
right-of-way. Therefore, the amendment establishing the fifty foot buffer
appears regularly throughout the proposed amended text in several chapters.
Chapter 12 “Definitions”
The proposed amendment to
Chapter 12 is to add “state highways, federal highways, and Interstate 80” into
the definition of “Street.” In this manner, any code provisions tied to street
facing facades will apply in these cases as well as local streets. This
concept is particularly important along the I-80 frontage in cases where
development may “back” to the interstate exposing the rear of the building to
the I-80 viewshed. For example, if the interstate falls into the street
definition then for development abutting the interstate, 35 percent of the
street facing façade must be enhanced masonry materials.
Chapter 14 “Zoning District
Regulations”
Chapter 14 is the chapter
that sets forth the zoning districts and which uses are allowed in which
districts by right, by conditional use permit or with any other supplemental
regulations referenced. The proposed amendment is simply to remove any
references to the ICMU district from this chapter since the district will no
longer exist.
Chapter 15 “AG,
Agricultural District”
There are two proposed
amendments to Chapter 15. The first proposal is to reduce the minimum lot size
and minimum lot area per dwelling unit from 40 acres to 20 acres for
single-family AG districts. The state defines agricultural as 20 acres or
more. The only exception to the proposed housing in 20 acre minimum is for
those parcels that are included in the wellhead protection zones 1 and 3 and in
those cases the 40 acre minimum will apply. Although this approach may seem
inconsistent, the city has filed a wellhead protection plan with Nebraska
Department of Environmental Quality that shows the 40 acre requirement and
staff feels that this density should be maintained.
For the second proposed
amendment, staff decided that a fifty-foot landscaped buffer is appropriate to
buffer I-80 from any development that directly abuts the interstate
right-of-way. This buffer will require tree plantings as required in Chapter
48, Landscape and Screening Standards. Therefore, the proposed amendment to
Chapter 15 increases the “Minimum Depth of Open Space Adjacent to a Street
Right-of-Way Line” to fifty feet (50’).
Chapter 16 “RR-1, Rural
Residential District (Rural Standards)”
The proposed amendment in
this chapter is to increase the “Minimum Depth of Open Space Adjacent to a
Street Right-of-Way Line” to fifty feet (50’). In this way the fifty foot
separation between interstate oriented development and the interstate is
maintained and the required setback for both front and street side yards is the
same measurement when applied to rural lots in the Two-Mile ETJ.
Chapter 18 “RR-2, Rural
Residential District (Intermediate Standards)”
The proposed amendment in
this chapter is to increase the “Minimum Depth of Open Space Adjacent to a
Street Right-of-Way Line” to fifty feet (50’). In this way the fifty foot
separation between interstate oriented development and the interstate is
maintained and the required setback for both front and street side yards is the
same measurement when applied to rural lots in the Two-Mile ETJ.
Chapter 19 “R-1, Urban
Residential Single-Family District (Low Density)”
The proposed amendment in
this chapter is to insure 50 feet of separation from the house to the
interstate for properties that directly abut the I-80 right-of-way line.
Chapter 20 “R-2, Urban
Residential Mixed Density District”
There are three amendments
proposed in this chapter. First, the minimum lot width in R-2 zoning is proposed
to be seventy feet (70’) for all allowable uses. Currently single family
housing only requires sixty-five feet (65’) of lot width in R-2 while other
uses require seventy feet. Any confusion can be avoided by amending the lot
width to seventy feet for all uses.
The second amendment is for
street side yards. Currently the street side yard requirement is fifteen feet
(15’), which means if the developer locates the garage on the 15-foot sideyard
the vehicles will block the sidewalk when parked on the driveway. R-1 zoning
was previously amended to prevent this situation. If this amendment is
approved both the front and street side yard will now be twenty-five feet (25’)
in R-2 zoning.
The third proposed
amendment in this chapter is to insure 50 feet of separation from the dwelling
to the interstate for properties that directly abut the I-80 right-of-way line.
Chapter 21 “R-3, Urban
Residential Multi-Family District (Medium Density)”
There are two proposed
amendments in this chapter. The first amendment is for street side yards.
Single-family and duplex construction is allowed in R-3 zoning. Currently the
street side yard requirement is fifteen feet (15’), which means if the
developer locates the garage on the 15-foot sideyard the vehicles will block
the sidewalk when parked on the driveway. R-1 zoning was previously amended to
prevent this situation. If this amendment is approved both the front and
street side yard will now be twenty-five feet (25’) in R-3 zoning.
The second proposed
amendment in this chapter is to insure 50 feet of separation from the dwelling
to the interstate for properties that directly abut the I-80 right-of-way line.
Chapter 22 “R-4, Urban
Residential Multi-Family District (High Density)”
There are three proposed
amendments in this chapter. The first amendment is for street side yards.
Single-family and duplex construction is allowed in R-4 zoning. Currently the
street side yard requirement is fifteen feet (15’), which means if the
developer locates the garage on the 15-foot sideyard the vehicles will block
the sidewalk when parked on the driveway. R-1 zoning was previously amended to
prevent this situation. If this amendment is approved both the front and
street side yard will now be twenty-five feet (25’) in R-4 zoning.
The second proposed
amendment in this chapter is to insure 50 feet of separation from the dwelling
to the interstate for properties that directly abut the I-80 right-of-way line.
The third amendment
requires that the 50-foot separation along the interstate will be a landscaped
bufferyard.
Chapter 24 “UC, Mixed Use
Urban Corridor District”
There are two amendments
proposed in this chapter. The first proposed amendment in this chapter is to
insure 50 feet of separation from the building to the interstate for properties
that directly abut the I-80 right-of-way line.
The second amendment
requires that the 50-foot separation along the interstate will be a landscaped
bufferyard.
Chapter 25 “C-0, Office
District”
There are two amendments
proposed in this chapter. The first proposed amendment in this chapter is to
insure 50 feet of separation from the building to the interstate for properties
that directly abut the I-80 right-of-way line. This requirement applies to
both the street side yard and the rear yard.
The second amendment
requires that the 50-foot separation along the interstate will be a landscaped
bufferyard.
Chapter 26 “C-1, Limited
Commercial District”
There are two amendments
proposed in this chapter. The first proposed amendment in this chapter is to
insure 50 feet of separation from the building to the interstate for properties
that directly abut the I-80 right-of-way line. This requirement applies to
both the street side yard and the rear yard.
The second amendment
requires that the 50-foot separation along the interstate will be a landscaped
bufferyard.
Chapter 27 “C-2, Community
Commercial District”
There are three amendments
proposed in this chapter. The first proposed amendment in this chapter is to
insure 50 feet of separation from the building to the interstate for properties
that directly abut the I-80 right-of-way line. This requirement applies to
both the street side yard and the rear yard.
The second amendment
requires that the 50-foot separation along the interstate will be a landscaped
bufferyard.
The third amendment insures
that commercial service and loading areas are entirely screened from view.
Chapter 29 “C-3, General
Commercial District”
There are two amendments
proposed in this chapter. The first proposed amendment in this chapter is to
insure 50 feet of separation from the building to the interstate for properties
that directly abut the I-80 right-of-way line. This requirement applies to
both the street side yard and the rear yard.
The second amendment
requires that the 50-foot separation along the interstate will be a landscaped
bufferyard.
Chapter 30 “BP, Business
Park District”
There are two amendments
proposed in this chapter. The first proposed amendment in this chapter is to
insure 50 feet of separation from the building to the interstate for properties
that directly abut the I-80 right-of-way line. This requirement applies to
both the street side yard and the rear yard.
The second amendment
requires that the 50-foot separation along the interstate will be a landscaped
bufferyard.
Chapter 34 “Special
Districts”
Chapter 34 is the chapter
that sets forth the zoning regulations for special districts. The proposed
amendment is simply to remove any references to the ICMU district from this
chapter since the district will no longer exist.
Chapter 35 “ICMU,
Interstate Corridor Mixed Use District”
This is the chapter that
sets forth the requirements of the ICMU District. It will be deleted in its
entirety since we are doing away with this category of zoning.
Chapter 48 “Landscape and
Screening Standards”
The first revision to
Chapter 48 is a housekeeping issue. Table 48-1 ”Required Landscaping Depth
Adjacent to Street Property Lines” was supposed to be deleted during an earlier
round of amendments but was somehow missed as an oversight. The minimum depth
of landscaping along streets is set forth in each individual zoning category,
Chapters 15 through 32. There is no need for Table 48-1.
The second amendment in
Chapter 48 is in Section 48-105, “Bufferyard Provisions,” whereby a bufferyard
requirement is established for all properties directly abutting the
interstate. The width of this bufferyard is generally fifty-feet (50’). There
are also bufferyard requirements that remain in the code for incompatible uses
such as residential next to commercial-these requirements will not change.
The third amendment in
Chapter 48, also in Section 48-105, Paragraph C, Landscaping in the
Bufferyard”, establishes the amount of trees required in the interstate
bufferyard at one tree per 200 square feet of buffer area. These trees will be
conifers (evergreen trees) such as pines and spruces, minimum 5 to 6 foot
height.
Chapter 50 “Sign
Regulations”
Chapter 50 is the chapter
that sets forth the regulations for signs in each zoning district. The proposed
amendment is simply to remove any references to the ICMU district from this
chapter since the district will no longer exist.
Mayor Hadley asked if
Kearney Yamaha, Ruby Tuesday’s and Thirsty’s had to comply with the point system
– if maybe they might feel that they were “singled out” now that the City is
changing the code? City Planner responded that according to an article in the
Hub a few months ago on the point system, the owner of Kearney Yamaha expressed
some discontent with the expense of things that were required under the point
system. In talking with the landowners in that area, most were happy to do
away with the point system and questioned why the City had it in the first
place. At the time, the reasoning for the point system was they thought there
would be more development in that area than there has been and that it was on
the “cutting edge”. The development has not been there and so it is really not
necessary.
Mayor Hadley said that he
believed that when changes are implemented, the Council needs to be cognizant
of how it impacts all of the people involved. Director of Public Works Rod
Wiederspan stated that the City was under a different zoning code at the time
when the point system originated. Since that time, the City has adopted the
UDO that has increased some of the standards in the regular zoning code.
Comparing the projects for Kearney Yamaha, Ruby Tuesday’s and Thirsty’s to the
projects being built up north such as Applebee’s, McDonalds, etc. there is
really not much of a difference. Staff believed that the point system was a
little cumbersome and hard to explain to the general developers. The standard
zoning currently gets the same product results.
City Planner stated that
one of the goals of the UDO is to make it more specific in the guidelines and
still leave it open for interpretation. In the new UDO, the City has a formula
to calculate landscaping which is not under the old code. Once the Cherry Avenue interchange is opened the traffic flow along that corridor will greatly
increase and will be more attractive to business development at that time.
Director of Public Works
stated the Johnstone development in this area, which was approved at the last
Council meeting, also went through the point system and would not be affected
by the changes made at this meeting. City Manager stated there was some
concern about changing the ICMU, thinking that it will disqualify certain areas
from development due to setbacks, but the ICMU already have restrictions on
distance. City Planner confirmed that was correct but stated the distances
vary slightly. They wanted to be consistent with requiring the 50 feet of
separation for development of either a house or a commercial building.
Council member Clouse asked
if the change to 70 feet for all allowable uses would affect some of the
preliminary plats that are out there quite a ways and have invested a lot of
time in that design work? Director of Public Works stated that the majority of
the plats had 65 feet as a minimum lot size so most of them come in with 70 or
80 foot lots. He did not see those being a problem. City Planner stated that
if the platted lot were too small then it would have to be adjusted when it
came back for a final plat. Council member Clouse suggested that this be
communicated to the developers through the DRT (Development Review Team)
meetings.
There was no one present in
opposition to this hearing.
Moved by
Buschkoetter seconded by Hadley to close the hearing and approve the following
proposed amendments to the Unified Land Development Ordinance, being a part of
the Code of the City of Kearney:
- Section
12-122 “S” of Chapter 12 “Definitions” to include State Highways, Federal
Highways, and Interstate 80 in Subparagraph L “Street” definition.
- Section
14-102 “Establishment of Districts” of Chapter 14 “Zoning District
Regulations” to delete any reference to “District ICMU, Interstate
Corridor Mixed Use District”.
- Section
15-102 “Site Development Regulations” of Chapter 15 “District AG,
Agricultural District” to decrease the acreage to 20 acres for Site Area
per Housing Unit and the Minimum Lot Area for 1-Family Units and to
provide special provisions for land contained in Wellhead Protection Area
Zones 1 and 3 that Site Area per Housing Unit and Minimum Lot Area shall
be 40 acres; and to increase the Minimum Depth of Open Space Adjacent to
Street Right-of-Way Line to 50 feet.
- Section
16-102 “Site Development Regulations” of Chapter 16 “District RR-1, Rural
Residential District (Rural Standards)” to increase the Minimum Depth of
Landscaping Adjacent to Street Right-of-Way Line to 50 feet.
- Section
18-102 “Site Development Regulations” of Chapter 18 “District RR-2, Rural
Residential District (Intermediate Standards)” to increase the Minimum Yards
for Side Yard to 25 feet and the Street Side Yard to 50 feet, and to
increase the Minimum Depth of Landscaping Adjacent to Street Right-of-Way
Line to 50 feet.
- Section
19-102 “Site Development Regulations” of Chapter 19 “District R-1, Urban
Residential Single-Family District (Low Density)” to provide requirements
for property adjacent to Interstate 80 for Minimum Yards for Street Side
Yard and Rear Yard, and the Minimum Depth of Landscaping Adjacent to
Street Right-of-Way Line at 50 feet.
- Section 20-102
“Site Development Regulations” of Chapter 20 “District R-2, Urban
Residential Mixed-Density District” to increase the Minimum Lot Width in
Conventional Development to 70 feet for 1-Family Detached, 1-Family
Attached and Other Permitted Uses; to increase the Minimum Yards for
Street Side Yard to 25 feet; to provide requirements for property adjacent
to Interstate 80 for Minimum Yards for Street Side Yard and Rear Yard at
50 feet; and to provide requirements for property adjacent to Interstate
80 for the Minimum Depth of Landscaping Adjacent to Street Right-of-Way
Line at 50 feet.
- Section
21-102 “Site Development Regulations” of Chapter 21 “District R-3, Urban
Residential Multi-Family District (Medium-Density)” to increase the
Minimum Yards for Street Side Yard to 25 feet; to provide requirements for
property adjacent to Interstate 80 for Minimum Yards for Street Side Yard
and Rear Yard at 50 feet; and to establish a 50 foot minimum bufferyard
from the Interstate 80 right-of-way for properties adjacent to Interstate
80.
- Section
22-102 “Site Development Regulations” of Chapter 22 “District R-4, Urban
Residential Multi-Family District (High-Density)” to increase the Minimum
Yards for Street Side Yard to 25 feet; to provide requirements for
property adjacent to Interstate 80 for Minimum Yards for Street Side Yard
and Rear Yard at 50 feet; and to establish a 50 foot minimum bufferyard
from the Interstate 80 right-of-way for properties adjacent to Interstate
80.
- Section
24-102 “Site Development Regulations” of Chapter 24 “District UC, Mixed
Use Urban Corridor District” to provide requirements for property adjacent
to Interstate 80 for Minimum Yards for Rear Yard at 50 feet; and to
establish a 50 foot minimum bufferyard from the Interstate 80 right-of-way
for properties adjacent to Interstate 80.
- Section
25-102 “Site Development Regulations” of Chapter 25 “District C-0, Office
District” to provide requirements for property adjacent to Interstate 80
for Minimum Yards for Street Side Yard and Rear Yard at 50 feet; and to
establish a 50 foot minimum bufferyard from the Interstate 80 right-of-way
for properties adjacent to Interstate 80.
- Section
26-102 “Site Development Regulations” of Chapter 26 “District C-1, Limited
Commercial District” to provide requirements for property adjacent to
Interstate 80 for Minimum Yards for Street Side Yard and Rear Yard at 50
feet; and to establish a 50 foot minimum bufferyard from the Interstate 80
right-of-way for properties adjacent to Interstate 80.
- Section
27-102 “Site Development Regulations” of Chapter 27 “District C-2,
Community Commercial District” to provide requirements for property
adjacent to Interstate 80 for Minimum Yards for Street Side Yard and Rear
Yard at 50 feet; and to establish a 50 foot minimum bufferyard from the Interstate
80 right-of-way for properties adjacent to Interstate 80; and to provide
the requirement that all services and loading areas shall be entirely
screened from view.
- Section
29-102 “Site Development Regulations” of Chapter 29 “District C-3, General
Commercial District” to provide requirements for property adjacent to
Interstate 80 for Minimum Yards for Street Side Yard and Rear Yard at 50
feet; and to establish a 50 foot minimum bufferyard from the Interstate 80
right-of-way for properties adjacent to Interstate 80.
- Section
30-102 “Site Development Regulations” of Chapter 30 “District BP, Business
Park District” to provide requirements for property adjacent to Interstate
80 for Minimum Yards for Street Side Yard and Rear Yard at 50 feet; and to
establish a 50 foot minimum bufferyard from the Interstate 80 right-of-way
for properties adjacent to Interstate 80.
- Section
34-102 “Establishment of Districts” of Chapter 34 “Special Districts” to
delete any reference to “District ICMU, Interstate Corridor Mixed Use
District.
- Chapter 35
“District ICMU, Interstate Corridor Mixed Use District” is deleted in its
entirety.
- Chapter 48
“Landscaping and Screening Standards” to delete Table 48-1: “Required
Landscape Depth Adjacent to Street Property Lines” in its entirety;
Section 48-105 “Bufferyard Provisions” Paragraph A. Applications to
provide requirements for property that directly abuts Interstate 80
right-of-way; and to provide landscaping requirements in the bufferyard
adjacent to Interstate 80 to Paragraph C. Landscaping in the Bufferyard.
Table 50-4
“Permitted Signs by Numbers, Dimensions, and Location” of Chapter 50 “Sign
Regulations” to delete any reference to “District ICMU, Interstate Corridor
Mixed Use District”.
Roll call resulted as follows:
Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
IV. CONSENT AGENDA
Council member Lear stated that
he would be abstaining on Subsection 3 for the reason Dione Steinbrink is a
member of the Platte Valley State Bank and has made application for deferment
of special assessments.
Moved by Hadley seconded by Kearney that Subsection 3 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Hadley, Buschkoetter, Clouse, Kearney. Nay: None. Lear abstained.
Motion carried.
3. Approve
the application for deferral of special assessments submitted by Paul and Dione
Steinbrink and DT Development Inc. with regard to Ordinance No. 7048 creating
Paving Improvement District No. 2004-885 for 30th Avenue from LaCrosse Drive to 39th Street.
Moved by Kearney seconded by
Clouse that Subsections 1, 2, and 4 through 7 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 March 28, 2006.
2. Approve
the following Claims: 3M $1,279.00 smcs; AT&T $79.46 smcs; Ace Irrigation
$299.40 smcs; AFLAC $2,207.10 ps; Albright,D $632.71 smcs; Allen,K $2.54 smcs;
Alltel $3,600.70 smcs; Almquist,R $36.00 smcs; Amax Contracting $404.18
smcs,co; Anderson Brothers $989.05 smcs; Applied Concepts $3,095.00 co;
Asselin,A $40.00 smcs; B&H Photo $2,069.00 smcs; B&B Auto Glass $140.00
smcs; Baker & Taylor Books $4,469.94 smcs; Barney Abstract $2,127.50 co;
BBC Audiobooks $191.13 smcs; Big Flag Farm $591.57 smcs; Blessing $9,540.00
smcs; Bluecross Blueshield $50,839.13 smcs; Bowman,M $9.30 smcs; Broadfoot's
$80.00 smcs; Buffalo Co Register Deeds $41.50 smcs; Buffalo Co Treasurer $15.00
smcs; Buffalo Co 4-H Council $31.50 smcs; Buffalo Co Sheriff $99,462.50 smcs;
Buffalo Co Treasurer $2,546.62 co; Builders Warehouse $1,595.43 co;
Buntemeyer,A $29.78 smcs; C&D Publishing $275.00 smcs; Cardinal Health
$223.00 smcs; Carlow,L $42.34 smcs; Cash-Wa $446.85 smcs; Center for Education
$124.95 smcs; Central Hydraulic $2,751.86 smcs; CHAD $24.00 ps; Charlesworth
& Associates $150.00 smcs; Charter Communications $54.99 smcs; Charter
Paging $22.46 smcs; Chief Industries $1,343.00 co; Chief Supply $278.84 smcs;
City Glass $64.24 smcs; City of Ky $169,164.61 smcs,ps; City of Salina $951.66
ps; College Savings Plan of NE $50.00 ps; Conseco Life Ins $29.00 ps; Crocker
Monogramming $159.00 smcs; Culligan $397.00 smcs; D&M Security $54.00 smcs;
Dandee Construction $120.00 smcs; Davis,P $4.15 smcs; Dawson Co PPD $9,117.68
smcs; Dell $2,307.11 co; Depository Trust $510,867.50 ds; Dibbern,B $948,160.38
co; Dobbe,P $11.15 smcs; Dorr,W $8.00 smcs; Double M Farms $2,000.00 smcs;
Eakes $838.98 smcs,co; Ed Roehr Safety Products $8,153.84 smcs; Eirich,T $50.00
smcs; Elliott Equipment $896.73 smcs; Enslow Publishers $24.95 smcs; Fairbanks
$368.50 smcs; Farmers Union Co-op $22.75 smcs; Fiddelke Heating $266.15 smcs;
Foged,R $31.25 smcs; Footjoy $1,711.01 smcs; Foster,D $7.24 smcs; Frontier
$169.14 smcs; Galls $485.50 smcs; Gancos,T $25.88 smcs; Gangwish Turf $35.00
smcs; General Traffic Controls $7,893.42 co; Gowen,J $7.73 smcs; Graphic Screen
Printing $48.00 smcs; Great Amer Outdoor $566.72 smcs; Grint,K $292.32 smcs;
H&H Distributing $748.50 smcs; Harshbarger,K $315.68 smcs; Heisler,S $42.66
smcs; Hendrickson,S $10.45 smcs; Holiday $22.43 smcs; Holmes Plumbing $32.05
smcs; Hydrologic $1,630.96 smcs; ICMA RC $2,620.13 ps; IRS $87,426.19 ps; Jack
Lederman $7.94 co; Johnson,S $50.00 smcs; Ky Area Comm Found $30.00 smcs; Ky Area
United Way $499.24 ps; Ky Chamber Comm. $16.00 smcs; Ky Glass $353.62 smcs; Ky
Hub $2,361.35 smcs,co; Ky Livestock $180.00 smcs; Keating, O'Gara, Nedved
$4,649.14 smcs; Kegley,R $122.80 smcs; Koening,C $4.00 smcs; Koetters,J $175.50
smcs; Kokesh,B $4.86 smcs; Kooyman,R $466.50 smcs,ps; Krepel,J $49.00 smcs;
Laughlin,K $360.00 ps; League of NE Municipalities $45.00 smcs; LECC $190.00
smcs; LEVA $950.00 smcs; Magic Cleaning $3,860.00 smcs; Manary,M $23.40 smcs;
Marlatt Machine Shop $1,363.53 smcs; Mattley Advertising $375.00 smcs;
McCarty,D $28.91 smcs; Meston,S $6.87 smcs; Metlife $4,134.67 ps; Microfilm
Imaging $2,300.00 smcs; Mid America Pay Phones $100.00 smcs; Milco
Environmental $980.37 smcs; Miller & Associates $8,717.50 smcs,co; Miller
Signs $200.00 co; Mitchell Repair Information $300.30 smcs; Morris Press
$585.85 smcs; Mosbarger,B $496.50 smcs,ps; MPH Industries $795.00 smcs; Mr.
Automotive $1,675.24 smcs; Municipal Supply $1,051.17 smcs; Murphy Tractor
$165,135.00 co; Murrish,L $59.89 smcs; NWWA $13,688.36 smcs; NE Assoc of Law
Enforce $10.00 smcs; NE Child Support $2,099.26 ps; NE Dept of Revenue
$26,128.77 ps; NE Dept of Roads $15.00 smcs; NE Machinery $2,900.00 ds; NE
Society of CPA $110.00 smcs; NE Wine & Spirits $43.28 smcs; NEland Distributors
$725.00 smcs; Nickman Brothers $8,360.01 smcs; Nickman,C $33.11 smcs; NJJA
$100.00 smcs; Northwestern Energy $17,079.86 smcs; Office Depot $862.28 smcs;
O'Keefe Elevator $625.51 smcs; Omaha World-Herald $72.80 smcs; Overhead Door
$141.34 smcs; Paramount Linen $1,739.32 smcs; Payflex $412.25 smcs,ps; PEP
$51.10 smcs; Pepsi-Cola $396.44 smcs; Platte Valley Comm $222.90 smcs; Presto-X
$129.00 smcs; QA Balance Services $95.00 smcs; Quick,M $437.75 smcs; Quinlan
Publishing $147.00 smcs; Random House $328.00 smcs; Recorded Books $975.77
smcs; Republic Beverage $144.78 smcs; Sahling Kenworth $63.68 smcs; Sapp
Brothers $49,057.50 smcs; Sargent Irrigation $7,001.70 co; Sazanam,B $18.69
smcs; Scholastic Library $140.40 smcs; See Clear Cleaning $1,900.00 smcs; Sesna,D
$23.40 smcs; Shingle,J $27.20 smcs; Simpson,J $31.25 smcs; Sirchie $136.17
smcs; Skeen Construction $3,135.00 co; Skrysak,S $14.57 smcs; Solid Waste
Agency $58,140.06 smcs; Sommer,M $50.00 smcs; Splitter,M $568.50 smcs; St.
Luke's Good Sam $17,530.00 smcs; State of NE HHS Lab $483.00 smcs; State of
NE/DAS Comm $19.01 smcs; Steinmetz,P $24.00 smcs; Sterling Distributing $67.68
smcs; Sun Life Financial $20,229.46 smcs; Sydow,J $40.00 smcs; Thome,B $265.68
smcs; Thompson,J $9.30 smcs; Thomson Gale $79.98 smcs; Titelist $17,393.19
smcs; Trade Well Pallet $660.00 smcs; Troth,W $320.86 smcs; Tye &
Rademacher $8,636.86 smcs; U.S. Postmaster $670.00 smcs; UNICO Group $2,007.62
smcs; UNK-Human Performance $250.00 ps; Velocity $67.87 smcs; Village of Ky $272.57
smcs; Village Uniform $255.50 smcs; Vogt,B $34.75 smcs; Wellman,P $7.98 smcs;
Wellness Works $250.00 ps; West Payment Center $185.00 smcs; Wiederspan,R
$284.61 smcs; Wilke Contracting $2,094.40 smcs; Williams,M $58.23 smcs;
Winslow,T $11.63 smcs; World Book $899.00 smcs; Xerox $337.53 smcs; Yendra,C
$9.48 smcs; Yosten,R $266.50 smcs; Young,M $145.50 smcs; Payroll Ending
4-1-2006 -- $274,138.79. 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.
4. Approve
the request submitted by Cathleen Headlee to extend Conditional Use Permit No.
1995-02 to locate a dog grooming business at 211 East 30th Street for a period
of one year.
5. Approve
Change Order No. 4 showing an increase in the amount of $5,167.47 submitted by
Chief Construction Company for the construction of the Snow Removal Equipment
(SRE) Building at the Kearney Municipal Airport and approve Resolution No.
2006-55.
RESOLUTION
NO. 2006-55
WHEREAS, Chief
Construction Company has performed services in connection with the construction
of the Snow Removal Equipment (SRE) Building at the Kearney Municipal Airport, and have filed Change Order No. 4 showing an increase in the amount of
$5,167.47 as shown on Exhibit “A”, attached hereto and made a part hereof by
reference:
|
Original Contract Sum
|
$715,875.00
|
|
Change Order No. 1
(1-24-2006)
|
+ 5,000.00
|
|
Change Order No. 2
(1-24-2006)
|
+ 57,926.00
|
|
Change Order No. 3
(1-24-2006)
|
- 12,279.67
|
|
Change Order No. 4
(4-11-2006)
|
+ 5,167.47
|
|
Contract Sum To Date
|
$771,688.80
|
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, and
hereby find and determine that Change Order No. 4 as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND
APPROVED THIS 11TH DAY OF APRIL, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
6. Approve
General Administration Services associated with the CDBG Comprehensive
Revitalization grant for 2006, 2007 and 2008 and approve Miller &
Associates as the CDBG Project Administrator and approve Resolution No.
2006-56.
RESOLUTION NO.
2006-56
WHEREAS, the City of
Kearney applied for Community Development Block Grant Funds from the Nebraska
Department of Economic Development during the 2005 Application cycle in the
amount of $174,165.00; and
WHEREAS, the
Comprehensive Revitalization Program allows the Nebraska Department of Economic
Development to conditionally guarantee grant awards in 2006, 2007 and 2008
based on the number of low and moderate income persons residing the community;
and
WHEREAS, the City was
awarded a Community Development Block Grant in the amount of $12,000 for
general administration services for the Community revitalization grant for a
targeted neighborhood; and
WHEREAS, the City of
Kearney requested proposals from certified CDBG administrators in Central
Nebraska for general grant administration services relating to this project;
and
WHEREAS, City staff
reviewed the proposal and recommends pursuing a contract with Miller &
Associates of Kearney to provide general administration services as outline in
the “Request for Proposal for General Administration Services for Community
Revitalization”, marked as Exhibit “A” attached hereto and made a part hereof
by reference.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the “Request for Proposal for General Administration Services for Community
Revitalization” for Community Development Block Grant No. 05-CR-004 as
submitted by Miller & Associates for general administration services in the
amount of $12,000 as set forth in the Proposal be and is hereby approved.
PASSED AND APPROVED
THIS 11TH DAY OF APRIL, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
7. Approve
the Plans and Specifications for the 2006 Part I Improvements, Phase I
consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and
set the bid opening date for May 2, 2006 at 2:00 p.m.
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7247 – PAVING
IMPROVEMENT DISTRICT NO. 2006-908
Chapter 16 of the Nebraska
Revised Statutes spells out the rules by which paving, water, and sewer
districts may be created in public entities. Basically, the Council has the
power to create districts and make improvements and assess the costs to the
property which is benefited by the improvements. After
such a district has been requested, the Mayor and Council by ordinance shall
create the district according to Section 16-619 of the Nebraska Revised
Statutes. At that time, the City must publish notice of the creation of the
district one time each week for not less than 20 days in a daily or weekly
newspaper of general circulation in the City.
On August 9, 2005 the City
Council adopted Resolution No. 2005-124 amending the City’s Paving Assessment
Policy. With this policy in place, any arterial street reconstruction projects
will not be assessed back to the abutting property owners but will be funded
through the general obligation of the City. Therefore, this district is an
integral and requisite part of the essential paving development plan of the
City, does not permit general access, and is of general benefit of the public
at large, and that no special assessments should be levied against owners of
abutting property.
The Council received a copy
of a letter that was sent to all property owners affected with this paving
improvement district indicating that there would be no assessments, along with
a copy of a letter from Bruce Grupe explaining the process and time frame.
Council Member Clouse introduced
Ordinance No. 7247, being Subsection 1 of Agenda Item V to create Paving
Improvement District No. 2006-908 for 39th Street from Pony Express Road west
to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition, and
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,
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. 7247 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 Lear seconded by
Buschkoetter that Ordinance No. 7247 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. 7247 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. 7248 – REPEAL
ORDINANCE NO. 7243 AND VACATE ALLEY FROM 17TH STREET AND 18TH STREET BETWEEN
AVENUE K AND AVENUE L
The applicant requested
vacation of approximately 240 lineal feet of the 20-foot wide north-south alley
that runs between 17th Street and 18th Street between Avenue K and Avenue L.
This alley has never been paved. There is an existing power line present. If
the alley were to be vacated from public use the abutting property owners could
use it for ingress-egress and the 20-foot wide utility easement would be
maintained. All the utility companies have reviewed the request for vacation
and signed off.
On March 14, 2006 the City
Council approved Ordinance No. 7243 vacating the alley as requested. However,
when the City submitted the Ordinance to the Register of Deeds, it was not
recordable because the legal description that was given to the City was
incorrect. Therefore, it is necessary to correct the legal description.
Council Member Clouse introduced
Ordinance No. 7248, being Subsection 2 of Agenda Item V to repeal Ordinance No.
7243 and re-vacate the 20 foot alley from the south right-of-way line of 18th
Street to a point seven feet south of the north right-of-way line of 17th
Street abutting Lots 1 through 12 inclusive, Park Place Addition to the City of
Kearney, Buffalo County, Nebraska and abutting the north seven feet of vacated
17th Street (from 17th Street and 18th Street between Avenue K and vacated
Avenue L), 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, 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. 7248 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 Lear seconded by
Buschkoetter that Ordinance No. 7248 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. 7248 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. 7249 – VACATE LOTS
1617 AND 1618, ORIGINAL TOWN OF KEARNEY JUNCTION (PERTAINS TO PUBLIC HEARING 3)
Council Member Buschkoetter
introduced Ordinance No. 7249, being Subsection 1 of Agenda Item VI to vacate
Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney,
Buffalo County, Nebraska (west of Avenue M, east of Avenue K between 14th Street
and 15th Street), 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 Hadley 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. 7249 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 Hadley seconded by Kearney that Ordinance No. 7249 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. 7249 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. 7250 – REZONING WEST
OF AVENUE M, EAST OF AVENUE K BETWEEN 14TH STREET & 15TH STREET (PERTAINS
TO PUBLIC HEARING 3)
Council Member Buschkoetter
introduced Ordinance No. 7250, being Subsection 2 of Agenda Item VI to rezone
from “District R-2/PD, Rural Residential District (Intermediate Standards)/
Planned Development Overlay District” to “District R-1, Urban Residential
Single-Family District (Low Density)” property described as Lots 1617 and 1618,
Original Town of Kearney Junction now the City of Kearney, Buffalo County,
Nebraska together with all of vacated Avenue L from the north line of 14th
Street to the south line of 15th Street and as the same abuts said Lot 1617 on
the east and said Lot 1618 on the west, together with the vacated south seven
feet of 15th Street abutting said Lots 1617, 1618, and the said vacated Avenue
L (mentioned above) on the north, together with the vacated north seven feet of
14th Street abutting said Lots 1617, 1618 and said vacated Avenue L (above
mentioned) on the south, and together with the vacated east seven feet of
Avenue K abutting said Lot 1617 and said vacated portions of 15th Street and
14th Street (above mentioned) on the west, all in the City of Kearney, Buffalo
County, Nebraska (west of Avenue M, east of Avenue K between 14th Street and
15th Street), 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 Hadley 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. 7250 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 Hadley seconded by Kearney that Ordinance No. 7250 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. 7250 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. 7251 – REZONING 1790 ANTELOPE AVENUE (PERTAINS TO PUBLIC HEARING 6)
Moved by Kearney and seconded by
Clouse to table until April 25, 2006 Ordinance No. 7251 rezoning from “District
AG, Agricultural District” to “District RR-2, Rural Residential District
(Intermediate Standards)” property described as a tract of land being part of
the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North,
Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo
County, Nebraska (1790 Antelope Avenue. Roll call resulted as follows: Aye:
Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
ORDINANCE NO. 7252 – REZONING (¼
MILE EAST OF DOVE HILL AVENUE AND ½ MILE SOUTH OF 56TH STREET (PERTAINS TO
PUBLIC HEARING 8)
Council Member Clouse introduced
Ordinance No. 7252, being Subsection 4 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
Government Lot 13 and part of Government Lot 24 of Section 30, Township 9
North, Range 16 West of the 6th P.M., containing 26.102 acres, more or less,
Buffalo County, Nebraska (¼ mile east of Dove Hill Avenue and ½ mile south of
56th Street), 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. 7252 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. 7252 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. 7252 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. 7253 – PROPOSED
AMENDMENTS TO UNIFIED LAND DEVELOPMENT ORDINANCE, BEING A PART OF THE CITY CODE
(PERTAINS TO PUBLIC HEARING 10)
Council Member Buschkoetter
introduced Ordinance No. 7253, being Subsection 5 of Agenda Item VI to amend
the Unified Land Development Ordinance, a part of the Code of the City of Kearney as follows:
·
to amend Section 12-122 “S” of Chapter 12 “Definitions” to
include State Highways, Federal Highways, and Interstate 80 in Subparagraph L
“Street” definition;
·
to amend Section 14-102 “Establishment of Districts” of Chapter
14 “Zoning District Regulations” to delete any reference to “District ICMU,
Interstate Corridor Mixed Use District”;
·
to amend Section 15-102 “Site Development Regulations” of Chapter
15 “District AG, Agricultural District” to decrease the acreage to 20 acres for
Site Area per Housing Unit and the Minimum Lot Area for 1-Family Units; to
provide special provisions for land contained in Wellhead Protection Area Zones
1 and 3 that Site Area per Housing Unit and Minimum Lot Area shall be 40 acres;
and to increase the Minimum Depth of Open Space Adjacent to Street Right-of-Way
Line to 50 feet;
·
to amend Section 16-102 “Site Development Regulations” of Chapter
16 “District RR-1, Rural Residential District (Rural Standards)” to increase
the Minimum Depth of Landscaping Adjacent to Street Right-of-Way Line to 50
feet;
·
to amend Section 18-102 “Site Development Regulations” of Chapter
18 “District RR-2, Rural Residential District (Intermediate Standards)” to
increase the Minimum Yards for Side Yard to 25 feet and the Street Side Yard to
50 feet; and to increase the Minimum Depth of Landscaping Adjacent to Street
Right-of-Way Line to 50 feet;
·
to amend Section 19-102 “Site Development Regulations” of Chapter
19 “District R-1, Urban Residential Single-Family District (Low Density)” to
provide requirements for property adjacent to Interstate 80 for Minimum Yards
for Street Side Yard and Rear Yard, and the Minimum Depth of Landscaping
Adjacent to Street Right-of-Way Line at 50 feet;
·
to amend Section 20-102 “Site Development Regulations” of Chapter
20 “District R-2, Urban Residential Mixed-Density District” to increase the
Minimum Lot Width in Conventional Development to 70 feet for 1-Family Detached,
1-Family Attached and Other Permitted Uses; to increase the Minimum Yards for
Street Side Yard to 25 feet; to increase the Minimum Depth of Landscaping
Adjacent to Street Right-of-Way Line (feet) to 25 feet; to provide requirements
for property adjacent to Interstate 80 for Minimum Yards for Street Side Yard
and Rear Yard at 50 feet; and to provide requirements for property adjacent to
Interstate 80 for the Minimum Depth of Landscaping Adjacent to Street
Right-of-Way Line at 50 feet;
·
to amend Section 21-102 “Site Development Regulations” of Chapter
21 “District R-3, Urban Residential Multi-Family District (Medium-Density)” to
increase the Minimum Yards for Street Side Yard to 25 feet; to provide
requirements for property adjacent to Interstate 80 for Minimum Yards for
Street Side Yard and Rear Yard at 50 feet; and to establish a 50 foot minimum
bufferyard from the Interstate 80 right-of-way for properties adjacent to
Interstate 80;
·
to amend Section 22-102 “Site Development Regulations” of Chapter
22 “District R-4, Urban Residential Multi-Family District (High-Density)” to
increase the Minimum Yards for Street Side Yard to 25 feet; to provide
requirements for property adjacent to Interstate 80 for Minimum Yards for
Street Side Yard and Rear Yard at 50 feet; and to establish a 50 foot minimum
bufferyard from the Interstate 80 right-of-way for properties adjacent to
Interstate 80;
·
to amend Section 24-102 “Site Development Regulations” of Chapter
24 “District UC, Mixed Use Urban Corridor District” to provide requirements for
property adjacent to Interstate 80 for Minimum Yards for Rear Yard at 50 feet;
and to establish a 50 foot minimum bufferyard from the Interstate 80
right-of-way for properties adjacent to Interstate 80;
·
to amend Section 25-102 “Site Development Regulations” of Chapter
25 “District C-0, Office District” to provide requirements for property
adjacent to Interstate 80 for Minimum Yards for Street Side Yard and Rear Yard
at 50 feet; and to establish a 50 foot minimum bufferyard from the Interstate
80 right-of-way for properties adjacent to Interstate 80;
·
to amend Section 26-102 “Site Development Regulations” of Chapter
26 “District C-1, Limited Commercial District” to provide requirements for
property adjacent to Interstate 80 for Minimum Yards for Street Side Yard and
Rear Yard at 50 feet; and to establish a 50 foot minimum bufferyard from the
Interstate 80 right-of-way for properties adjacent to Interstate 80;
·
to amend Section 27-102 “Site Development Regulations” of Chapter
27 “District C-2, Community Commercial District” to provide requirements for
property adjacent to Interstate 80 for Minimum Yards for Street Side Yard and
Rear Yard at 50 feet; and to establish a 50 foot minimum bufferyard from the
Interstate 80 right-of-way for properties adjacent to Interstate 80;
·
to amend Section 27-103 “Special Regulations and Standards” of
Chapter 27 “District C-2, Community Commercial District” to provide the
requirement that all services and loading areas shall be entirely screened from
view;
·
to amend Section 29-102 “Site Development Regulations” of Chapter
29 “District C-3, General Commercial District” to provide requirements for
property adjacent to Interstate 80 for Minimum Yards for Street Side Yard and
Rear Yard at 50 feet; and to establish a 50 foot minimum bufferyard from the
Interstate 80 right-of-way for properties adjacent to Interstate 80;
·
to amend Section 30-102 “Site Development Regulations” of Chapter
30 “District BP, Business Park District” to provide requirements for property
adjacent to Interstate 80 for Minimum Yards for Street Side Yard and Rear Yard
at 50 feet; and to establish a 50 foot minimum bufferyard from the Interstate
80 right-of-way for properties adjacent to Interstate 80;
·
to amend Section 34-102 “Establishment of Districts” of Chapter
34 “Special Districts” to delete any reference to “District ICMU, Interstate
Corridor Mixed Use District;
·
to delete in its entirety Chapter 35 “District ICMU, Interstate
Corridor Mixed Use District”;
·
to delete Table 48-1: “Required Landscape Depth Adjacent to
Street Property Lines” of Chapter 48 “Landscaping and Screening Standards” in
its entirety;
·
to amend Section 48-105 “Bufferyard Provisions” of Chapter 48
“Landscaping and Screening Standards” Paragraph A. Applications to provide
requirements for property that directly abuts Interstate 80 right-of-way; and
to provide landscaping requirements in the bufferyard adjacent to Interstate 80
to Paragraph C. Landscaping in the Bufferyard; and
·
to amend Table 50-4 “Permitted Signs by Numbers, Dimensions, and
Location” of Chapter 50 “Sign Regulations” to delete any reference to “District
ICMU, Interstate Corridor Mixed Use District”.
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 Hadley 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. 7253 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 Hadley seconded by Kearney that Ordinance No. 7253 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. 7253 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.
CASEY’S GENERAL STORE #1735 AND
CASEY’S GENERAL STORE #2038 – CORPORATE MANAGER APPLICATIONS
Mayor Hadley opened for
discussion the applications for Corporate Manager of James Tacha submitted by
CASEY’S RETAIL COMPANY, dba “Casey’s General Store #1735 in connection with
their Class B28852 (Beer – Off Sale Only) liquor license located at 1308 East
39th Street, AND “Casey’s General Store #2038 in connection with their Class
B45844 (Beer – Off Sale Only) liquor license located at 2710 West 24th Street.
Application was made by Mr.
Tacha to function as the corporate manager on the liquor licenses for the
Casey’s General Stores in the community. This application is regarding stores
at 2710 West 24th Street and 1308 East 39th Street. A background investigation
was conducted and in conjunction with a previous application for a store
previously purchased by Casey’s.
The City Council is
concerned with the selling of alcohol to minors in our community, and wants to
encourage all license holders to provide the necessary training to all
employees that sell or dispense alcohol. Therefore, City staff has developed a
form entitled “Liquor License Training Compliance” requiring applicants to
document and verify training compliance of their employees. Mr. Tacha has
returned the attached form and a copy of Casey’s training policy that is
required for all employees to complete on selling age restricted products.
As was discussed in the
previous meeting held on March 14, 2006, the following information was found on
the two Casey’s locations in Kearney:
|
Casey’s, 2710 West 24th
|
Casey’s, 1308 East 39th
|
|
01-26-2001
|
Sell to Minors
|
07-12-1995
|
Sell to Minors
|
|
06-17-2005
|
Sell to Minors
|
03-07-1997
|
Sell to Minors
|
|
|
|
10-29-1997
|
Sell to Minors
|
|
|
|
05-05-2005
|
Sell to Minors
|
Jim Tacha presented this matter
to the Council. He appeared before the Council recently as applicant for
corporate manager for another Casey’s location in Kearney. Council member
Clouse stated he stopped in their store one morning a couple of days after Mr.
Tacha’s presentation before the Council. He asked the clerks about the rules
pertaining to alcohol sales and they did very well, for which he commended
them.
Moved by Kearney seconded by
Clouse to approve the applications for Corporate Manager of James Tacha
submitted by CASEY’S RETAIL COMPANY, dba “Casey’s General Store #1735 in
connection with their Class B28852 (Beer – Off Sale Only) liquor license
located at 1308 East 39th Street, AND “Casey’s General Store #2038 in
connection with their Class B45844 (Beer – Off Sale Only) liquor license
located at 2710 West 24th Street. Roll call resulted as follows: Aye: Hadley,
Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
OPEN ACCOUNT CLAIMS: NEBRASKA
PUBLIC POWER DISTRICT - $46,421.63; FREMONT NATIONAL BANK - $38,095.50; PLATTE
VALLEY STATE BANK - $150.00; SCHOOL DISTRICT #7 - $867.05
Moved by Buschkoetter seconded by
Hadley that Open Account Claims in the amount of $46,421.63 payable to Nebraska
Public Power District, in the amount of $38,095.50 payable to Fremont National
Bank, and in the amount of $150.00 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 $867.05 payable to School District #7 be
allowed. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Lear.
Nay: None. Buschkoetter abstained. Motion carried.
VII. REPORTS
CITIZENS NEWSLETTER
City Manager Michael Morgan
stated that the first edition of the Kearney Citizens Newsletter was
distributed to all persons in the mail this week. He encouraged citizens to
call if they have any questions.
KEARNEY TRAILS
Council Member Clouse commended
the City staff on the publication “A Guide to Kearney Trails”. It is a good
publication on the locations of the paths, trail parking, rest areas, etc.
VIII. ADJOURN
Moved by Kearney seconded by
Clouse that Council adjourn at 8:12 p.m. Roll call resulted as follows: Aye:
Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK