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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