View Other Items in this Archive | View All Archives | Printable Version

Kearney, Nebraska

January 10, 2006

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on January 10, 2006, in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to the City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Craig Bennett, Jacque Haupt, Rhoda Brown, Tim Lowe, Russ Hilliard, Essam Arram, Barbra Arram, George Lundgren, John Shafer, Mitch Humphrey, Charlene Hisey, Heather Cruise, Matthew Urkoski, Steve Altmaier from KGFW Radio, Mike Konz from Kearney Hub, and 8 students from the University of Nebraska at Kearney.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Doug Shada from Cornerstone Berean Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Charley Foradori led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION

 

Mayor Hadley opened the public hearing on the application to be submitted to the Nebraska Department of Economic Development for a Community Development Block Grant in the amount of $174,145.00 for comprehensive revitalization activities in southeast Kearney and to consider approval of Resolution No. 2006-1.

 

Assistant to the City Manager Amber Brown presented this matter to the Council. The purpose of this public hearing is to receive community input on the activities as proposed in the application for Phase I improvements in the Comprehensive Revitalization program.  The CR program is a new funding category within the Community Development Block Grant program funded and developed by the Nebraska Department of Economic Development.  The Comprehensive Revitalization plan was approved at the December 13, 2005 meeting.

 

The CR project will be phased out over the course of three years.  During this time, residents can expect to see a combination of improvements to sidewalks, streets, and accessible sidewalk ramps at intersections.  Phase I of the project includes the following activities:

1.       Pave Avenue K, from 13th Street to 14th Street, borders the west side of Hammer Park.

2.       Pave parking area directly west of Hammer Park for park visitors, east side of Avenue K between 13th and 14th Street,.

3.       Construct sidewalks on west and south sides of Hammer Park along Avenue K and 13th Street.

4.       Construct an 8-foot sidewalk along Avenue M from 11th Street to 16th Street to complete the sidewalk and continue the trail.

5.       Fill in all missing sidewalk links along the north side of 11th Street from 4th Avenue to Avenue M.

 

In the target area, 66.6% of the residents are considered to be low-to moderate-income, which will meet the national objective of the CDBG program to benefit low- to moderate-income persons.  Combining CR program funding with sales tax money provides the opportunity to serve the low- to moderate-income populations while improving accessibility to the parks, schools, and along major arterial streets, which are the responsibility of the community.

 

The City of Kearney is requesting $174,145 for Phase I in the Comprehensive Revitalization project.  The total request is delineated as follows: $162,145 will be utilized for paving and sidewalk construction activities.  The remainder, $12,000, will be expended for general grant administration activities.  The City of Kearney is required to match grant funds in the amount of $162,145.  The total project cost is $336,290.

 

Council member Kearney asked what his response should be to comments from the people in that area, who are paying paving assessments and paid for sidewalks when they bought their homes, and now the City is going to pay for the streets and sidewalks next to them. 

 

City Manager Michael Morgan stated that the staff has discussed this in detail.  The first issue would be if there were grant funds available, they might not have had to either.  The specific grant funds do restrict the City in respect to the low-to-moderate income.  In order to complete the project, those are the requirement that have to be met.  The Council still has the ability, which will be discussed at an upcoming study session, should there be other financing.  This will just get Phase I of the Application submitted to the state for approval.  After a study session is provided, the Council might choose to say there should be either minor assessments, or consistent assessments like we have done throughout the community. Another choice could be no assessments at all.  That decision has not yet been made.  The Council is not locked into that decision at this meeting. 

 

Council member Kearney stated he sees people in that area that cannot afford the sidewalks and he is sympathetic with those people.  He also knows there are some property values of rentals in that neighborhood that will increase with the sidewalks.  That will be a “freebie” for those property owners and he is a little concerned about that.  City Manager responded that in this initial phase, the majority is related to public street routes, traffic, and pedestrian traffic for the school district and around all the City facilities and adjacent to parks.  This is a little different than we might see in phase II and III.  

 

Rhoda Brown, 1512 Avenue B, stated that she has been working with the City for 12 years. She commended the City on everything that they have done for southeast Kearney because it has improved their quality of life and safety.  Safety and health are her major concerns, especially since she works in a school system.  A safe way for kids to get to and from school is important.  By getting rid of most of the gravel streets over the past 10-12 years and by getting this grant, the City can hopefully continue this process.  She supports the City 100 percent in what they are doing. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the application to be submitted to the Nebraska Department of Economic Development for a Community Development Block Grant in the amount of $174,145.00 for comprehensive revitalization activities in southeast Kearney and approve Resolution No. 2006-1. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-1

 

            WHEREAS, the Comprehensive Revitalization Program is a new funding category within the Community Development Block Grant program funded and developed by the Nebraska Department of Economic Development; and

            WHEREAS, the City of Kearney, Nebraska is an eligible unit of a general local government authorized to file an application with the Nebraska Department of Economic Development; and

            WHEREAS, the City of Kearney, Nebraska has obtained its citizens’ comments on community development and housing needs; and has conducted public hearings upon the proposed application and received favorable public comment respecting the application which for an amount of $174,145 for street paving and sidewalk construction for a targeted census tract which spans an area east to west from Avenue M to 4th Avenue and north to south from 11th Street to 16th Street.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President of the Council be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney, Nebraska and the Nebraska Department of Economic Development so as to effect acceptance of the grant application.

            PASSED AND APPROVED THIS 10TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – NORTH OF 39TH STREET AND EAST OF ANTELOPE AVENUE

 

Public Hearings 2 and 3 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Jerry McKean and Richard McKean and Gary Henderson (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lots 1 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 10.69 acres, more or less, Buffalo County, Nebraska (north of 39th Street and east of Antelope Avenue). Planning Commission recommended approval.

 

This project was continued from the October 21 and November 18, 2005 Planning Commission meetings and was heard on December 16, 2005. The applicant is requesting approval to zone and plat a tract of land that is approximately 10.69 acres to create a one lot subdivision.  This vacant property is located outside the corporate limits north of 39th Street and on the east side of Antelope Avenue.  The property has roughly 477 lineal feet of frontage on Antelope Avenue.  The applicant desires to develop this property as an industrial site with two buildings.  The land to the east was recently developed by the same applicant as industrial warehousing and contains two buildings.  In the current application the two buildings, at 119,000 square feet, are similar to the existing warehouses to the east.

 

The parcel in question has never been zoned so is considered Agricultural by default.  The rezoning request is from Agricultural to M-1, Limited Industrial District.  The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Mixed Use 3”.   Although M-1 can be considered a conforming zoning district, the intent of the mixed use approach is to encourage a mixture of uses, therefore the DRT Team recommended a combination zoning of C-3 and M-1.  The applicant is not interested in pursuing C-3 zoning but has agreed to provide concrete paving and a landscape buffer along Antelope Avenue, neither of which are required in M-1 zoning.  Staff believes that this is a suitable zoning compromise.

 

The applicant proposes a one-lot subdivision to be known as Northeast Industrial Fourth Subdivision.  Planning Commission approved the Preliminary Plat on December 16, 2005.  This property cannot be annexed at this time and city policy states that services will not be extended to serve proposed developments outside the corporate boundary.  In this case, City Staff has agreed to allow the development to proceed with an executed Subdivision Agreement that plans for future service extensions whereby the owner waives rights of protest and agrees to connect when the property is annexed and services become available.  In this manner, the applicant can proceed with the development now and the Subdivision Agreement will allow the services to be extended in the future.

 

A Public Works Plan has been submitted.  Sanitary sewer is available in Antelope Avenue and 820 feet of 16-inch municipal water main will be extended from 39th Street north in Antelope Avenue in the future as indicated in the Subdivision Agreement.  Antelope Avenue was recently paved by Buffalo County.  It is the policy of the Public Works Department to limit the number of access points along arterial roadways which both Antelope Avenue and 39th Street are arterials. The applicant is proposing a single shared private access from Antelope Avenue which is acceptable to Public Works. This access point will allow access to the current project and future access to the property to the south.

 

Two streets are platted on paper and could be constructed at Banner Avenue and Box Butte Drive.  Banner Avenue extends through intervening property north from 39th Street to the subject site where no further dedication has occurred.  Dead end streets generally must be extended to maintain street continuity; in this case, to provide access to this development.  The tip of a proposed cul-de-sac for Banner Avenue is shown extending onto this property on the plat.  Box Butte is currently platted on the east side of phase one.  Future water and sewer extension in these streets will be coordinated with the Utilities Department.

 

Proposed stormwater detention is depicted on the Public Works Plan in a linear cell that is situated adjacent to the south property line of the development.  Calculations have been submitted to the City Engineer.  No building permits will be issued until the City Engineer approves the design and calculations for the stormwater cell.  This site will currently be served by rural pumper trucks with 1,500 gallon capacity.  When the water main in Antelope Avenue is extended north, fire hydrants could be installed.

 

Craig Bennett from Miller & Associates presented this matter to the Council.  This development will tie in with Essam Arram’s existing development of warehouses that he has in this area.  Phase I was built in May of 2005 which includes a warehouse with loading docks on the south and office buildings on the north and a larger warehouse north of that. This is the master plan for this subdivision, known as Phase II.  This subdivision would have a cul-de-sac located on the south side that would come into this plated parcel.  Banner Avenue is an existing road that comes up from the south, perpendicular to the south side of that lot for the purpose of circulation, should it ever be developed.  At this time, Banner Avenue has not been developed and is just a grass area.  Should the owners to the south choose not to have Banner Avenue extended into this subdivision, they could save some costs by not extending Banner Avenue and make a cul-de-sac on their property instead.  They also show an ingress/egress easement on the plat that will be used by both parcels.  They have asked the County for access onto Antelope Avenue and they agreed that it would suffice for them after reviewing the plan.  There is a common access driveway that would be shared by both Mr. Arram and the landowner to the south.  They have visited with that owner, Mike Chavanu, and have come to an agreement that they would have an ingress/egress easement that is 40’x70’ wide for a single access that would be a shared driveway at least in the right-of-way portion. 

 

Council member Clouse asked about the detention cell.  Mr. Bennett stated that all of the storm water coming off the warehouses and the parking would be contained in this cell.  The water would leave this detention cell and go out into Antelope Avenue.  They have improved Antelope Avenue with paving and infrastructure and have done some grading on the ditches.  They would use a similar type of detention cell design that has been used in the previous subdivision just to the east.  Planning Commission recommended concrete paving.  Mr. Arram had already chosen to use concrete paving as a type of improvement on his existing subdivision and he has also chosen to do the same type of surfacing on the parking lot in this one.  Mr. Arram has chosen to increase the footage for the setback for his building from the proposed right-of-way and building setback to provide a more attractive landscape buffer on Antelope Avenue.  He has chosen to do these things above and beyond the M-1 requirements. 

 

City Manager complimented Mr. Bennett and Mr. Arram during the process, as did the Development Review Team to get through the steps.  There are some new requirements for meetings, etc.  Mitch Humphrey, another developer, also does an excellent job of working with the DRT.  This is an outstanding project and shows a lot of work that goes into a project like this.  Mr. Arram was complimented for his patience because it has been a tough one, but ended up with a very good project.  This shows that when everyone gets together, all parties can accomplish these projects.  This project is unique, but will turn out to work very well for a mixed-use project.  Mr. Bennett agreed.  There were a number of options brought before the City and fortunately they came to an agreement. 

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Jerry McKean and Richard McKean and Gary Henderson (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lots 1 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 10.69 acres, more or less, Buffalo County, Nebraska (north of 39th Street and east of Antelope Avenue). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

FINAL PLAT AND SUBDIVISION AGREEMENT FOR NORTHEAST INDUSTRIAL FOURTH SUBDIVISION

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Jerry McKean and Richard McKean and Gary Henderson (Owner) for final plat approval and Subdivision Agreement for “NORTHEAST INDUSTRIAL FOURTH SUBDIVISION” a subdivision being part of Government Lots 1 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 10.69 acres, more or less, Buffalo County, Nebraska (north of 39th Street and east of Antelope Avenue) and to consider approval of Resolution No. 2006-2. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Jerry McKean and Richard McKean and Gary Henderson (Owner) for final plat approval and Subdivision Agreement for “NORTHEAST INDUSTRIAL FOURTH SUBDIVISION” a subdivision being part of Government Lots 1 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 10.69 acres, more or less, Buffalo County, Nebraska (north of 39th Street and east of Antelope Avenue) and approve Resolution No. 2006-2 subject to all parties executing the Subdivision Agreement. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-2

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “NORTHEAST INDUSTRIAL FOURTH SUBDIVISION” a subdivision being part of Government Lots 1 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

            BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 10TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

CONDITIONAL USE PERMIT FOR RADIO TOWER AT 3719 2ND AVENUE – RCOM

 

Mayor Hadley opened the public hearing on the Application submitted by Russ Hilliard for RCom, LLC (Applicant) and Andrea S. Lowe and John G. Lowe, III (Owner) for a Conditional Use Permit to locate a radio tower on property zoned “District C-2, Community Commercial District” and described as Lots 15, 16, 17, 18, 19, and 20, Harrington’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (3719 2nd Avenue). Planning Commission recommended approval

 

This item was continued from the November 18, 2005 Planning Commission meeting and heard at the December 16, 2005 meeting. The applicant is requesting approval of a Conditional Use Permit (CUP) to erect a 70-foot tall radio tower on the rear side of the building located at 3719 2nd Avenue.  Actually, the tower was previously erected without proper permits from the City and has been taken down since the last meeting.

 

Section 46-110 of the Unified Land Development Ordinance (UDO) sets forth the regulations and procedures for radio and telecommunications towers within the jurisdiction of the City of Kearney.  A CUP is required for the tower.  The applicant has submitted information in support of a CUP for the proposed tower site.  Staff reviewed the submittal and Planning Commission considered the information offered by the applicant.

 

The applicant first demonstrated that the antenna location is proposed in order to satisfy its function in the company grid system and that the proposed height can be decreased to 35 feet.  If the tower is located at 3719 2nd Avenue it will be at the office retail location for RCOM and all the facilities will be at one location.  The tower will have the capability to reach the antennas to the south, east and north, although antennas to the west will not be able to receive the transmissions because line-of-sight is not established - the hill and existing buildings are in the way.  At some point in the future a taller tower could be considered for expanded coverage.  Any future tower will require a CUP.

 

Co-location on existing towers is required.  The applicant is currently co-located on the water tower and several other sites.  Any new proposed structure shall be designed to accommodate antenna for more than one user.  The applicant is willing to accommodate co-location on the proposed tower.  The applicant proposes to put equipment associated with the functions of the tower including co-locators inside the building at 3719 2nd Avenue.

 

Structural plans stamped by a licensed engineer shall be submitted demonstrating construction to EIA Standards.  Plans have been submitted from a local engineer that is site specific to 3719 2nd Avenue.  Further engineering will be required in the future if the applicant applies for a CUP for a larger tower.

 

Russ Hilliard from RCom presented this matter to the Council. The purpose of RCom is to provide high-speed internet to the community.  They presently have transmitting facilities on the north and west water tower.  In the last year, they had a 500 percent increase in subscriber count. Subscribers are not only in Kearney, but as far west as Elm Creek and almost as far east as Grand Island.  They cover a lot of rural people, who could not otherwise get high-speed.  They have had a congestion problem because of the increase in the number of customers particularly at the north water tower.  They do not anticipate abandoning the north water tower and will continue to use it.  They need to split up the network.  They need to break it up in pieces.  The purpose of the tower is to take parts of the network back to their office for processing.  If they continue to have the growth that they have had, they need to get this done to maintain their quality of service.  Service quality is really important when dealing with internet. This is a good location for the tower and will be 100 feet higher than the cell towers to the east of town.  The high-speed internet they provide is all wireless and customers have a receiving dish.  Presently, they have about 30 cell sites in central Nebraska.  They use water towers, grain elevators and all kinds of structures to get their signal out.  They need a tower right where their office is so they can process their signals better. 

 

Council member Clouse asked what the possibility is that they will have to come back and ask for a 70-foot tower?  Mr. Hilliard responded that the power poles north of their location are 70-foot tall.  Barney’s office building just to the west of them is quite a bit higher than their offices so if they split up the network and try to go west they possibly would need to increase the height.  This will take the pressure off of them with the 35-foot tower.  They are about 2,000 feet from the helicopter pad at the hospital.  The FAA regulations are that you can have one foot of tower for every 25 feet away from that helipad.  They can get up to about 82-84 feet and still meet FAA regulations. 

 

Council member Clouse asked if they decide to go west, it is possible that they would come back to request a tower at 56th and diagonal as an alternative.  Mr. Hilliard responded that they would have to do something different in that case.  They have even considered a fiber-network and run it west of town instead of wireless.  The fiber-optic idea is a better solution because then they are no higher than the telephone poles.

 

Council member Lear stated that it had been well publicized that there was some construction started before the Conditional Use Permit was issued and asked what happened in that process.  Mr. Hilliard replied that in reading the ordinance there is an exemption.  That exemption talks about industrial, scientific or medical uses.  This is called the ISM band, which is 2.4 gigs which is the same as they are using.  Quite often the frequency they are using are referred to as ISM frequencies.  They thought that they had an exception.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application submitted by Russ Hilliard for RCom, LLC (Applicant) and Andrea S. Lowe and John G. Lowe, III (Owner) for a Conditional Use Permit to locate a 35-foot radio tower on property zoned “District C-2, Community Commercial District” and described as Lots 15, 16, 17, 18, 19, and 20, Harrington’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (3719 2nd Avenue) subject to the City receiving the executed Acknowledgment. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

AMEND LAND USE MAP – NORTH OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE

 

Mayor Hadley stated that Public Hearings 5, 6, and 7 pertain to the development of property located north of 16th Street and west of 11th Avenue and east of 16th Avenue. On Friday, the City received a letter from the applicant requesting this matter be tabled until January 24, 2006.

 

Moved by Hadley seconded by Kearney to table Public Hearing 5 until January 24, 2006. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

REZONING – NORTH OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE

 

Moved by Hadley seconded by Kearney to table Public Hearing 6 until January 24, 2006. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

FINAL PLAT – G & K FOURTH ADDITION

 

Moved by Hadley seconded by Kearney to table Public Hearing 7 until January 24, 2006. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

AMEND LAND USE MAP – 4305 LONG ISLAND ROAD

 

Public Hearings 8, 9, and 10 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agriculture - Open” to “Rural Estates” property described as a tract of land being the South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska (4305 Long Island Road) and to consider approval of Resolution No. 2006-5.

 

The applicant is requesting approval to zone and plat a tract of land that is approximately 15.40 acres located north of Interstate 80 on Long Island Road in the two-mile extraterritorial jurisdiction. The proposed use is a two-lot rural residential subdivision.

 

The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Agriculture-Open.”  The residential subdivision will require amending the map to “Rural Estates”, the corresponding land use category for the requested zoning of RR-1. The rezoning application is from Agricultural to RR-1, Rural Residential District (Rural Standards).  This property will be served by individual well and septic systems.

 

The Preliminary and Final Plats, to be known as Lundgren Subdivision, consist of two lots.  The east lot, Lot 1, contains 6.77 acres and an existing house and shop building are located on the lot.  Lot 2 is 7.57 acres.  An existing pond is split by the common lot line.  Fifty feet of right-of-way from the centerline of Long Island Road is dedicated on the Final Plat.  The Preliminary Plat was approved by Planning Commission on December 16, 2005.

 

Mitch Humphrey from Buffalo Surveying was present to answer any questions from the Council.  

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agriculture - Open” to “Rural Estates” property described as a tract of land being the South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska (4305 Long Island Road) and approve Resolution No. 2006-5. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-5

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as the South Half of the Southwest Quarter of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, EXCEPT a tract of land more particularly described as follows:  Beginning at the southwest corner of the Southwest Quarter of Section 9, Township 8 North, Range 16 West; thence easterly on and along the south line of said Southwest Quarter a distance of 418.85 feet; thence with a deflection angle to the left of 89°20’ left a distance of 728.8 feet; thence left 89°45’ a distance of 418.85 feet to the northwest corner of the South Half of the Southwest Quarter of the Southwest Quarter of said Section 9; thence southerly on the west line of the Southwest Quarter a distance of 735.5 feet to the place of beginning, containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska, containing 1.06 acres, more or less, Buffalo County, Nebraska (4305 Long Island Road), from “Agriculture - Open” to “Rural Estates”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Agriculture - Open” to “Rural Estates” the use classification for the area described as the South Half of the Southwest Quarter of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, EXCEPT a tract of land more particularly described as follows:  Beginning at the southwest corner of the Southwest Quarter of Section 9, Township 8 North, Range 16 West; thence easterly on and along the south line of said Southwest Quarter a distance of 418.85 feet; thence with a deflection angle to the left of 89°20’ left a distance of 728.8 feet; thence left 89°45’ a distance of 418.85 feet to the northwest corner of the South Half of the Southwest Quarter of the Southwest Quarter of said Section 9; thence southerly on the west line of the Southwest Quarter a distance of 735.5 feet to the place of beginning, containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska, containing 1.06 acres, more or less, Buffalo County, Nebraska (4305 Long Island Road).

            PASSED AND APPROVED THIS 10TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – 4305 LONG ISLAND ROAD

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for George R. Lundgren, Sr. and Lexie Lundgren (Owners) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being the South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska (4305 Long Island Road).

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for George R. Lundgren, Sr. and Lexie Lundgren (Owners) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being the South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska (4305 Long Island Road). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

FINAL PLAT – LUNDGREN SUBDIVISION

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for George R. Lundgren, Sr. and Lexie Lundgren (Owners) for final plat approval for “LUNDGREN SUBDIVISION” a subdivision being the South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska (4305 Long Island Road) and to consider approval of Resolution No. 2006-6.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for George R. Lundgren, Sr. and Lexie Lundgren (Owners) for final plat approval for “LUNDGREN SUBDIVISION” a subdivision being the South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska (4305 Long Island Road) and approve Resolution No. 2006-6. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-6

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “LUNDGREN SUBDIVISION” a subdivision being the South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 10TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

IV.    CONSENT  AGENDA

 

Mayor Hadley stated that the agenda was amended on Monday to include Item 3 to the Consent Agenda which is an application for a Special Designated License submitted by Skeeter Barnes.

 

Moved by Buschkoetter seconded by Lear that Subsections 1, 2 and 3 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held December 27, 2005.

 

2.         Approve the following Claims: ABC Drug $75.00 smcs; Ace Irrigation $78.50 smcs; AFLAC $1,681.30 ps; Alamar $9.50 ps; Alltel $2,116.20 smcs; American Fence $9,245.00 co; Andreasen,T $12.18 smcs; Ask Supply $88.50 smcs; B&B Auto Glass $1,402.65 smcs; Baker & Taylor $400.08 smcs; BBC Audiobooks $153.18 smcs; Big Flag $284.00 smcs; Bills Trailer Sales $2,747.00 co; Bosselman Energy $1,961.10 smcs; Bruha, Scott $136.50 smcs; Buffalo Co Sheriff $99,462.50 smcs; Burns,R $1,147.34 smcs; Buttress,S $836.25 smcs; Cash-Wa $81.65 smcs; Casper,D $21.43 smcs; CHAD $24.00 ps; Charter Paging $22.46 smcs; Chief Industries $105,457.50 co; City of Ky $255,543.13 smcs,ps; City of Salina $889.44 ps; Claussen,J $19.95 smcs; Clipper Herald $110.00 smcs; College Savings Plan of NE $50.00 ps; Compass Group $380.00 smcs; Computer Hardware $25.00 smcs; Conseco Life Insurance $38.00 ps; Copycat Printing $344.70 smcs; Culligan $92.00 smcs; Double M Farms $2,000.00 smcs; DPC Industries $5,141.60 smcs; Dutton-Lainson $468.72 smcs,co; Eakes $124.98 smcs; EDM Equipment $1,360.56 smcs; Eirich,T $50.00 smcs; Elliott,J $423.99 smcs; Envirotech Services $33,084.59 smcs; Farmers Union $12.00 smcs; Fern,L $670.00 smcs; Flood,J $42.27 smcs; Frontier $163.64 smcs; Gangwish Turf $70.00 smcs; Greenwood Publishing $145.23 smcs; Grint,K $43.65 smcs; Hach $771.70 smcs; Harry Ferris Co $1,120.00 co; HDR Engineering $2,667.82 smcs; Higgins,D $20.00 smcs; Highland Park $1,466.07 smcs; Holiday $9.75 smcs; Hoover's $525.00 smcs; IAPE $50.00 smcs; ICMA RC $2,587.31 ps; IRS $86,281.21 ps; Jack Lederman $53.20 smcs; JJE $179.00 smcs; Johnson Service $1,697.55 smcs; Johnson,S $50.00 smcs; Ky Area United Way $879.54 ps; KVFD $1,020.00 smcs; KGFW-AM $145.00 smcs; Klingelhoefer,K $20.00 smcs; Kooyman,R $200.00 ps; KRNY-FM $192.00 smcs; KRVN $483.60 smcs; Laughlin,K $360.00 ps; Lawn,J $10.05 smcs; League of NE Municipalities $806.20 smcs; Lyon Workspace $730.79 smcs; Magic Cleaning $250.00 smcs; Mail Express $701.84 smcs; Mason Motors $560.00 co; Matthew Bender $102.60 smcs; McElhinney,G $21.57 smcs; McGraw-Hill $43.14 smcs; MES $2,534.97 smcs; Metlife $6,138.23 ps; Miller & Associates $5,197.50 smcs,co; Modlin,K $28.01 smcs; Mosbarger,B $200.00 ps; NWWA $10,770.06 smcs; Nationwide Training Alliance $2,495.00 smcs; NCL of Wisconsin $748.47 smcs; NE Child Support $1,356.98 ps; NE Concrete Paving $360.00 smcs; NE Dept of Revenue $40,039.70 ps; NE Fire Administrative $15.00 smcs; NE Rural Water Assoc $25.00 smcs; NE Truck Center $2,732.00 co; Nelson's Furniture $50.00 smcs; Northwestern Energy $14,535.06 smcs; O'Keefe Elevator $487.63 smcs; O'Rourke,G $41.53 smcs; Oceana Publications $169.02 smcs; Office Depot $449.24 smcs; Olson,T $18.47 smcs; Olsson Associates $865.20 smcs; Patterson,B $104.11 smcs; Paulsen $199,100.70 co; Payflex Systems $378.25 ps; Payne-Larson $334.36 smcs; Pitney Bowes $450.00 smcs; Platte Valley Comm $820.50 smcs,co; Postmaster $68.00 smcs; Presto-X $145.00 smcs; Random House $204.00 smcs; Recorded Books $326.15 smcs; Respond First Aid $211.59 smcs; Riley,B $65.07 smcs; Riverside Animal Hospital $2,210.50 smcs; See Clear Cleaning $1,900.00 smcs; Snap-On Tools $4,595.00 co; Solid Waste Agency $68,866.87 smcs; Spath,C $12.37 smcs; St. Luke's Good Samaritan $89,409.00 smcs; State of NE DAS Comm $19.01 smcs; Sun Life Financial $20,307.71 smcs; Sydow,J $40.00 smcs; Thomson Gale $407.65 smcs; Unico Group $744.00 smcs; Urbanek,G $73.44 smcs; Van Diest $7,498.00 smcs; Washington State Support $102.00 ps; Water Products $631.12 smcs; West Payment Center $5,296.32 smcs; Westfall GMC $1,089.95 smcs; Williams,M $690.94 smcs; Yankee Hill Brick & Tile $3,300.00 smcs; Payroll Ending 12-24-2005 -- $261,311.21.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the application for a Special Designated License submitted by KEARNEY BBQ CO., dba “Skeeter Barnes” in connection with their Class I-55865 liquor license to dispense beer, wine and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on February 7 and 8, 2006 from 10:00 a.m. until 10:00 p.m. each day for the Mid-America Alfalfa Expo.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7231 – AMEND SECTION 9-1047 OF CITY CODE

 

The State has, by Section 18-1901 et. seq., authorized the creation of a board for the examination of plumbers in each city which hold examinations, recommend standards and materials, and applicants for licenses. Section 9-1047 “Examining Board for Plumbers” of the City Code needs to be amended to better define the duties and requirements of the Board. Some of the noted changes include:

  • The City’s Water Quality Coordinator to serve on the Board
  • The Chief Building Official shall serve as an ex-officio member of the Board
  • All meetings will be held in the Council Chambers upon call by the Chief Building Official at such intervals as may be necessary for the proper performance of its duties, but in any case not less than twice a year
  • The members shall select a chairman from their own number, but not the Chief Building Official
  • Such chairman shall hold office until July 31 following, or until his/her successor has been selected annually in August
  • The Board shall meet within ten (10) days following the appointment of any new member

 

With the adoption of these amendments, it will coincide with the policy adopted last year for a more formal procedural guide for Boards and Commissions. There is currently a position on the Examining Board for Plumbers that has expired. At the next meeting, you will be appointing a Journeyman Plumber to fill that position and the Board will be complete.

 

Council Member Hadley introduced Ordinance No. 7231, being Subsection 1 of Agenda Item V to amend Section 9-1047 “Examining Board for Plumbers” of Division III “Licensing and Regulation of Plumbers” of Article 10 “Plumbing Code” of Chapter 9 “Public Works” of the Code of the City of Kearney to clarify the language and define the duties of the Examining Board for Plumbers, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7231 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7231 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7231 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7232 – REZONE NORTH OF 39TH STREET AND EAST OF ANTELOPE AVENUE

 

Council Member Clouse introduced Ordinance No. 7232, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lots 1 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 10.69 acres, more or less, Buffalo County, Nebraska (north of 39th Street and east of Antelope Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lear seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7232 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7232 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7232 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7233 – CONDITIONAL USE PERMIT TO RCOM, LLC

 

Council Member Clouse introduced Ordinance No. 7233, being Subsection 2 of Agenda Item VI to grant a Conditional Use Permit to Russ Hilliard for RCom, LLC (Applicant) and Andrea S. Lowe and John G. Lowe, III (Owner) to locate a 35-foot radio tower on property zoned “District C-2, Community Commercial District” and described as Lots 15, 16, 17, 18, 19, and 20, Harrington’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (3719 2nd Avenue) subject to the City receiving the executed Acknowledgment, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lear seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7233 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7233 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7233 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7234 – VACATE PORTION OF G & K ADDITION

 

Mayor Hadley stated that this ordinance pertains to Public Hearings 5, 6 and 7 which have been tabled at the request of the applicant.

 

Moved by Buschkoetter seconded by Hadley to table Ordinance No. 7234 until January 24, 2006. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ORDINANCE NO. 7235 – REZONE NORTH OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE

 

Mayor Hadley stated that this ordinance pertains to Public Hearings 5, 6 and 7 which have been tabled at the request of the applicant.

 

Moved by Buschkoetter seconded by Hadley to table Ordinance No. 7235 until January 24, 2006. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ORDINANCE NO. 7236 – REZONE 4305 LONG ISLAND ROAD

 

Council Member Hadley introduced Ordinance No. 7236, being Subsection 5 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being the South Half of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., containing 15.40 acres, more or less, of which 1.06 acres, more or less, are presently being used for road purposes, all in Buffalo County, Nebraska (4305 Long Island Road), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7236 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7236 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7236 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7237 – VACATE PLATTED SETBACK IN SKIVIEW ESTATES THIRD

 

The applicant submitted an application to vacate an existing platted front setback line for Lots 1 and 2 of Block 1 and Lots 17, 18 and 20 of Block 4, all in Skiview Estates Third Addition.  The property is zoned R-1 and the minimum setback required by Code is 25 feet, but the developer platted a 35-foot front setback on these lots.

 

The developer would now like to vacate these setbacks so that the required setback will default to the ordinance requirement of 25 feet.  This will allow a larger house to be built on these lots.

 

At the Planning Commission meeting, the commissioners discussed whether it was fair to owners of existing houses to allow the setbacks on adjacent lots to be less restrictive.  In essence, the new home could project ten feet further toward the street with a 25-foot setback than the existing home with the 35-foot setback.  The applicant said he would visit with the owners of the existing houses to get their approval prior to the City Council meeting.

 

Mitch Humphrey from Buffalo Surveying presented that matter to the Council. Planning Commission brought up the fact that the vacation of a building setback line is not required to be posted or required to be a public hearing on the agenda. The Planning Commission recommended that he talk with the adjoining owners, who are not involved with the setback issue and get their approval.  He presented a letter to the Council that was signed by three of the five non-involved owners.  There are some other lots along the street that are owned by some of the applicants who would obviously consent to this action.  There are two owners who did not sign it.  He spoke with one just before this meeting and they chose not become involved.  The other is a builder and owner of a vacant lot who has been out of town and was not available to sign. 

 

Council Member Clouse introduced Ordinance No. 7237, being Subsection 6 of Agenda Item VI to vacate the 35-foot building setback as platted on Lots 1 and 2 of Block 1 (along Avenue E), and as platted on Lots 17, 18 and 20 of Block 4, all in Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lear seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7237 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7237 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7237 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT - $34.24; FREMONT NATIONAL BANK - $38,311.66; PLATTE VALLEY STATE BANK - $100.00; SCHOOL DISTRICT #7 - $2,672.15

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $34.24 payable to Nebraska Public Power District; in the amount of $38,311.66 payable to Fremont National Bank; and in the amount of $100.00 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear  abstained. Motion carried.

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $2,672.15 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Lear, Clouse. Nay: None. Buschkoetter abstained. Motion carried.

 

VII.    REPORTS

 

UNK STUDENT GOVERNMENT REPRESENTATIVE

 

Matthew Urkoski introduced himself to the Mayor and Council as UNK’s Student Government representative.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Hadley that Council adjourn at 7:46 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK