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Kearney, Nebraska

July 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 July 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 City Manager; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Terry Eirich, Todd Walton, Luke Bazyn, Andrew Bennett, Jay Mollring, Matt Noffke, Dan Spellman, Dan Medina, and Jeff Walbrun, Ken Tracy, Jerry Thompson, John Sydow, Adam Daake, John Daake, Mary Daake, Bob Lammers, Margaret Clark, Ron Huss, Shirley Huss, Dan Lindstrom, Dennis Etchenkamp, Jerry O’Rourke, Marvion Reichert, John Shafer, Trevor Schaben, Mitch Humphrey, Alejandro Rodriguez, Jeff Overturf, Steve Beall, Robert Kuehn, Brian Hergott, Mike Konz from the Kearney Hub, and Paul Wice from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Rick Thomason from the First Church of the Nazarene provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

The Council members led the audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Hadley announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

 

RECOGNITION – FIREFIGHTERS COMPLETING FIREFIGHTER 1 COURSE

 

Mayor Hadley and Council Members recognized the firefighters of the Kearney Volunteer Fire Department for completing Firefighter 1 Course. These individuals have dedicated a minimum of 120 hours in this course alone. In addition to the Firefighter 1 Course, these individuals are continuously training with other firefighters at monthly and specialty trainings. Those firefighters completing the Firefighter 1 Course are Luke Bazyn, Andrew Bennett, Jay Mollring, Matt Noffke, Dan Spellman, Dan Medina, and Jeff Walbrun.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING 145 FEET WEST OF THE INTERSECTION OF 22ND AVENUE AND 50TH STREET

 

Moved by Kearney seconded by Clouse to remove from the table the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 0.656 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Public Hearings 1, 2 and 3 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 Denton Enterprises, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 0.656 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street).

 

The applicant is requesting approval to vacate and replat this property so that 0.656 acres of additional land area can be added to an existing lot. Lot 1 of Block 4, North Park Addition, located at 2204 West 50th Street, is currently platted and developed with a single-family home, while the 0.656 acres abutting to the west is currently zoned agricultural and unplatted.

 

Lot 1 of Block 4, North Park Addition is to be vacated so the land can be combined with the 0.656 acres to the west to be replatted together as a single lot subdivision to be known as Castle Ridge Third Addition.

 

The rezoning request is for the 0.656 acres which is zoned Agricultural to be zoned Urban Residential Single-Family District (Low Density).  The future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Low Density Residential”.  This land use designation allows single-family housing in the range of one to four units per acre.  The proposed lot will include the single-family house with a bit larger lot area than the surrounding lots in North Park. The resulting lot is only somewhat larger than the lot that directly abuts to the south, Lot 11 of Block 2, Wellington Greens Subdivision.  Staff is uncertain whether the owner intends to have the additional lot area remain in open space or to develop it with an addition or an outbuilding.

 

Staff has reviewed the proposed subdivision plat.

  • The proposed subdivision, Castle Ridge Third Addition, is comprised of a single lot with a single-family house. The lot contains 34,460 square feet of area. The Preliminary Plat was approved by the Planning Commission on May 19, 2006.
  • 50th Street will need to be extended west in the future as shown on the plat. The Subdivision Agreement states that the owner will not protest future improvement districts for municipal water or paving; sanitary sewer is already installed.
  • The property abuts a major drainageway to the west.  Staff has some concerns regarding potential drainage problems and associated stormwater damages depending on what gets built on the lot.  In other areas of the city developers have constructed walkout basements against the advice of the City and drainage problems have resulted.  In this case, the Subdivision Agreement addresses drainage issues. The Agreement holds the City of Kearney harmless for any drainage problems or damaging stormwater flows resulting from the remodel or construction of any existing or future structures on the lot.
  • If the applicant decides to develop the lot further, this lot will likely require substantial fill to become developable.  The Subdivision Agreement requires City approval of the location and amount of fill prior to placement of the fill.

 

This property is served by urban services and should therefore be annexed into the City limits.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated that the intent of these applications is to make the lot bigger and extend a little bit of the public street and to accommodate the new owner of the property. 

 

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 Denton Enterprises, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 0.656 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

FINAL PLAT FOR CASTLE RIDGE THIRD

 

Moved by Kearney seconded by Clouse to remove from the table the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for final plat approval and Subdivision Agreement for “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for final plat approval and Subdivision Agreement for “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) and to consider approval of Resolution No. 2006-91.

 

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 Denton Enterprises, Inc. (Owner) for final plat approval and Subdivision Agreement for “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) and approve Resolution No. 2006-91. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-91

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska, 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 Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.

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

            PASSED AND APPROVED THIS 11TH DAY OF JULY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

INCLUSION OF CASTLE RIDGE THIRD

 

Moved by Kearney seconded by Clouse to remove from the table the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion into the City limits of “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion into the City limits of “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) and to consider approval of Resolution No. 2006-92.

 

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 Denton Enterprises, Inc. (Owner) for the inclusion into the City limits of “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) and approve Resolution No. 2006-92. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-92

 

            WHEREAS, an Application has been submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion of “CASTLE RIDGE THIRD” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, all more particularly described as follows:  Referring to the southwest corner of the Northeast Quarter of Section 27 and assuming the west line of the Northeast Quarter of Section 27 as bearing N00°11”26”W and all bearings contained herein are relative thereto; thence N00º11”26”W and on the west line of the Northeast Quarter of Section 27 a distance of 603.60 feet to a point on the north line of 50th Street, a street in the City of Kearney, Buffalo County, Nebraska (if extended westerly); thence N89°05’10”E and on the north line of 50th Street (if extended westerly) a distance of 98.16 feet to THE ACTUAL PLACE OF BEGINNING; thence continuing N89°05’10”E  and on the north line of said 50th Street (if extended westerly) a distance of 140.38 feet to the southwest corner of Lot 1, Castle Ridge Second, an addition to the City of Kearney, Buffalo County, Nebraska; thence S00°54’50”E and on the west line of said Castle Ridge Second, a distance of 66.00 feet to the southwest corner of said Castle Ridge Second, said point also being on the south line of said 50th Street; thence continuing on the south line of  said Castle Ridge Second and on the south line of said 50th Street a distance of 8.47 feet to the northwest corner of Lot 1, Block 4, North Park, an addition to the City of Kearney, Buffalo County, Nebraska; thence leaving the south line of said Castle Ridge Second and the south line of said  50th Street, S00°53’56”E and on the west line of said Lot 1, Block 4, North Park a distance of 131.56 feet to the southwest corner of said Lot 1, Block 4, North Park, said point also being on the north line of Lot 11, Block 2, Wellington Greens, an addition to the City of Kearney, Buffalo County, Nebraska; thence N89°05’10”W and on the north line of said Lot 11, Block 2, Wellington Greens a distance of 139.87 feet to the northwest corner of said Lot 11, Block 2,  Wellington Greens; thence N09°27’00”W a distance of 60.00 feet; thence N00°55’38”W a distance of 138.19 feet to the place of beginning, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on May 19, 2006 on the inclusion of “CASTLE RIDGE THIRD” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on July 11, 2006 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “CASTLE RIDGE THIRD” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that the inclusion of “CASTLE RIDGE THIRD” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 11TH DAY OF JULY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

LIQUOR LICENSE – LA CACITA, INC., dba “EL POTRERO”

 

Mayor Hadley opened the public hearing on the Application for a Class “I73015” Liquor License and the Application for Corporate Manager for Jose Ayala submitted by LA CACITA, INC., dba “El Potrero” located at 5012 3rd Avenue, Suite 120 and to consider approval of Resolution No. 2006-114.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the Liquor Commission that:

  1. the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;
  2. the applicant can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act;
  3. the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to insure that the licensed business can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act, and
  4. the issuance of the license is or will be required by the present or future public convenience and necessity.

 

An Application was received for a Class I (Beer, Wine and Distilled Spirits – On Sale Only) retail liquor license.  This is a new business and license in association with a restaurant.  A background investigation on the application for a liquor license was conducted.  During the investigation, a number of inconsistencies and inaccuracies were found in the application.  It is noted on the application that in 2005-2006, the El Potrero Restaurant in Grand Island was found guilty of selling to a minor.  However, in checking with the Nebraska Liquor Control Commission, the name of the restaurant in Grand Island is El Toro Mexican Restaurant, not El Potrero and the violation was in 2004, not 2005-2006.

 

It is noted on the application that Alejandro Rodriguez is listed as the site supervisor of the business and the estimated number hours per week on the premises will be 40 hours. It is not known as to his residency. Taking all of these issues into consideration created a number of concerns.  The business is as yet incomplete and is not scheduled to open until September of 2006.

 

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. Alejandro Rodriguez, the Registered Agent and as site supervisor, has returned the attached form with supporting documentation showing he has completed responsible hospitality council management training.  Alejandro Rodriguez signed the Liquor License Training Compliance form as Corporate Manager.  However, Jose Ayala is listed on the liquor application as the Corporate Manager. The documents submitted on training do not indicate that Jose Ayala completed any training.

 

Mayor Hadley stated that the Council takes granting these new liquor licenses very seriously and want to make sure that as they grant new licenses, the applicants understand what they are undertaking and the trust that the Council is putting in them.

 

Alejandro Rodriguez, 4100 North 25th Street, Lincoln, Nebraska, presented this matter to the Council. His restaurant will offer the people of Kearney another choice for Mexican food and want the opportunity to offer alcohol with the food. They have liquor licenses for their other three restaurants.   They do take serving alcohol very seriously.

 

City Attorney Michael Tye stated that there was some confusion in the information that was submitted that was noted by the Kearney Police Department.  He believed that the officer who reviewed the information requested that the application be resubmitted because there was some question about who would be the on-site manager for this business.  The other question was regarding the clarification of what the relationship of this business was to some of the other businesses, which was confusing to the officer doing the review.  The officer requested that this be clarified before the Council moves forward with this application.  It was understood that this business planned to open in September which would give the applicant ample time to clarify those things. To his knowledge those issues had not been clarified yet and the application was not resubmitted as requested. 

 

Mr. Rodriguez stated that he did not understand that the application needed to be resubmitted.  He said someone from the Liquor Control Commission called him twice and asked him some questions and told him that any more questions would be asked by the Council.  His understanding was that the Liquor Commission had all the information corrected.  Council member Kearney stated that if they are not opening until September, they would have time to get this straightened out. 

 

City Manager Michael Morgan stated although Mr. Rodriquez was not the person who met with the Police officer, there are two or three individuals represented in the application.  Some individuals were supposed to get back to the Police Department and did not which might have caused some confusion.  There was also reference to a restaurant in Grand Island on the application, which was not correct because there is not a restaurant by that name in Grand Island.  There was also one violation that needs to be addressed.  These issues could be resolved fairly quickly and the application could come back in two weeks for the next Council meeting.  Mr. Rodriguez agreed to resolving the issues and returning on July 25th for the next meeting.   

 

Council member Buschkoetter stated on the application to the City, Jose Ayala was named as the Corporate Manager, but on the City’s form, Alejandro Rodriguez signed on it as manager.  Mr. Rodriquez stated that because he is able to speak English, he believed it is easier for him to address the application and the paperwork. 

 

Mayor Hadley asked Mr. Rodriquez to work with the City Clerk to make sure the correct information is provided to the Police Department and the proper steps are taken to have this ready for the Council in two weeks.  Mr. Rodriguez stated that he went to training provided by the Lincoln Police Department and he included a manual titled the “Hospitality Insider” that he received at the training.  The Council agreed that it was a good training tool and something they might want to look at further. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to table until July 25, 2006 the hearing and approve the Application for a Class “I73015” Liquor License and the Application for Corporate Manager for Jose Ayala submitted by LA CACITA, INC., dba “El Potrero” located at 5012 3rd Avenue, Suite 120. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

LIQUOR LICENSE – MONGOLIAN GRILL RESTAURANT

 

Mayor Hadley stated the public hearing on the Application for a Class “I72865” Liquor License and the Application for Corporate Manager for Tri Nguyen submitted by MONGOLIAN GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” located at 5012 3rd Avenue, Suite 178 will be tabled until July 25, 2006 to allow the applicants additional time in which to complete and return the Liquor License Training Compliance form.

 

Moved by Kearney seconded by Clouse to table until July 25, 2006 the Application for a Class “I72865” Liquor License and the Application for Corporate Manager for Tri Nguyen submitted by MONGOLIAN GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” located at 5012 3rd Avenue, Suite 178. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

CONDITIONAL USE PERMIT – SUBWAY, 1308 WEST 24TH STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Jeffrey Overturf (Applicant) and Bob Wilson for PABO, LLC (Owner) for a Conditional Use Permit to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street).

 

The applicant was before the Planning Commission in April requesting approval of a Conditional Use Permit (CUP) to allow drive-thru services associated with a proposed sub shop restaurant on West Highway 30.  The property is zoned District UC, Mixed Use Urban Corridor and drive-thru windows require a CUP in this zoning district. The current proposal is consistent with the application from April consisting of a 25 x 70 foot Subway restaurant with a drive-thru window on the east wall and parking to the west side of the building.  Access to the site is gained from 14th Avenue and cars exit the drive-thru onto 24th Street.

 

The question at the April meeting was whether the site could be developed to meet the applicant’s needs and also meet all City Codes.  The direction from the Planning Commission was that all Codes must be met.  The applicant decided not to go forward to the City Council at that time but to come back to the Planning Commission in June seeking a deviation in the bufferyard requirement.

 

The site is a tight fit for the proposed improvements.  There is no way to provide a continuous twenty-foot buffer between the drive-thru lane and the existing house to the south as required by Code (a twenty-foot landscape buffer is required between commercial and residential land uses). The drive-thru lane extends six feet into the required buffer yard at its maximum point of encroachment.  The applicant has been communicating with the owner of the residence to the south and she has indicated support for the project and a willingness to allow the driveway encroachment.  The applicant is proposing a solid fence along the property line as well as tree plantings to complete the buffer. Staff recommends that the tree varieties be primarily evergreen and that the trees be spaced tightly together especially in the area where the drive encroaches into the bufferyard.  City Code requires five trees; the owner is proposing seven trees. The evergreen trees must be five to six feet in height, not including the root ball or container.  Any deciduous tree must be at least 2-inch caliper.

 

The applicant came back before the Planning Commission to ask for approval of the site layout in June, even though all Codes cannot be met.  Approval of the layout would presumably also mean approval of the Conditional Use Permit to allow the drive-thru window. Planning Commission discussed the deviation from the 20-foot buffer yard at length. The trees would be approximately fifteen feet apart.  There seems to be no other way to develop the site without some encroachment into the buffer yard.  The proposed restaurant will be an improvement compared to the used car lot that exists at the site now.  In the end, their recommendation to City Council was to approve the proposed CUP for a drive-thru window with the following conditions:

  • The site shall be developed in accordance with the site plan filed with the City on June 7, 2006 which depicts a six-foot encroachment into the bufferyard.
  • The reader board and associated speaker shall be located on the east side of the building facing east.
  • No parking will be allowed on 14th Avenue between 24th Street to a point ten feet south of the abutting residential driveway.

 

Jeffrey Overturf, 30531 Road R, Edgar, Nebraska, presented this matter to the Council. The request for this 6-foot encroachment is to facilitate a drive-thru around their building.  They have met with zoning a couple of times.  With the exception of downsizing the building, this was the only option they have.  They did receive a letter from the neighbor to that property stating they were in agreement with the old building coming down and building a store that is a duplicate of their east store.  Mr. Overturf stated they are in agreement with the three proposed conditions. 

 

Council member Clouse stated it appeared on the site map that the building could be moved six feet to the north instead of the 6-foot encroachment to south.  Mr. Overturf responded that there is 30-foot setback on the front of their property, so they are right next to that setback which would not work to move it to the north.    

 

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 Jeffrey Overturf (Applicant) and Bob Wilson for PABO, LLC (Owner) for a Conditional Use Permit to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street) subject to compliance with the following conditions: (1) The site shall be developed in accordance with the site plan filed with the City on June 7, 2006 which depicts a six-foot encroachment into the bufferyard; (2) The reader board and associated speaker shall be located on the east side of the building facing east; and (3) No parking will be allowed on 14th Avenue between 24th Street to a point ten feet south of the abutting residential driveway. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

REVISED PLANNED DISTRICT DEVELOPMENT PLAN FOR 5415 WEST HIGHWAY 30

 

Mayor Hadley opened the public hearing on the Application submitted by Richard Poston from 1733 Holding Company (Applicant and Owner) for Revised Planned District Development Plan Approval for the construction of a storage facility on property zoned “District C-3, General Commercial District” and described as Lot 4, Little USA Addition, a subdivision of Buffalo County, Nebraska (5415 West Highway 30) and to consider approval of Resolution No. 2006-116.

 

The applicant is requesting changes to an approved Development Plan in C-3 zoning.  With the passage of Planning Commission Resolution No. 2002-01 granting Conditional Use Permit No. 2002-04, the plans for the storage facility were originally approved by Planning Commission on October 18, 2002.  At that time, the new zoning ordinance granted authority to the Planning Commission for Conditional Use Permits and they were not forwarded to City Council (since then the Code was amended to require City Council review and approval of Conditional Use Permits). The Unified Land Development Ordinance allows storage units in commercial zoning but only with a Conditional Use Permit.  In addition, the Code requires supplemental regulations in Chapter 46, Section 46-105, “Supplemental Use Regulations: Commercial Uses” Paragraph G, “Convenience Storage” states the following:

 

When permitted outside of the M-1 District and M-2 District, convenience storage facilities shall be subject to the following additional requirements:

1.   The minimum size of a convenience storage facility shall be one (1) acre.

2.   Activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility.

3.   All driveways within the facility shall provide a paved surface with a minimum width of twenty-five (25) feet.

4.   All storage must be within enclosed buildings and shall not include the storage of hazardous materials.

5.   No storage buildings may open into required front yards.

6.   Facilities must maintain landscaped bufferyards of thirty-five (35) feet adjacent to any public right-of-way and twenty (20) feet adjacent to other property lines, unless greater setbacks are required by Chapter 48.

 

The plans were approved in 2002 based on these requirements.  The approved plans show masonry construction facing Highway 30 and on the east façade, paved driveways, drainage inlets and storm pipe and landscaped bufferyards. The first condition of Conditional Use Permit No. 2002-04 states:

  • The building and site shall be constructed and developed as submitted on plans received September 13, 2002 and filed as Exhibit No. CUP-2002-04-b, pages one thru seven in file folder CUP-2002-04.

 

Now the developer has requested additional building permits for the next phase of the project but the paving and landscaping have never been installed for Phase One.  The City sent a letter informing the developer that no further permits would be issued until the site work for Phase One is completed.  The developer has requested that the original approved plans be amended and replaced by the new plan submission.  The new plans propose a reduction in the total number of storage units so that the size of the units can be increased.  The original plans proposed 36 units which is reduced to 22 units with the amended plans.  Eleven units were constructed in Phase One and eleven more units will be constructed in Phases Two and Three.  The developer stated that the plan is to build Phase Two this year and Phase Three next year.

 

During discussion at the Planning Commission hearing, the developer agreed to install the paving and landscaping for Phase One during construction of Phase Two so that Phase One will be complete.  If the developer has not completed construction within one year of the approval date the original site plan requirements will be enforced for Phase One.

 

Steve Beall presented this matter to the Council. He was not at the Planning Commission meeting and assumed that the second condition of the project that it be completed within a year refers to Phase I since this is a three phase project.  Council member Buschkoetter stated that condition was put on from the Planning Commission because it seems that this project has been developing very slowly with the dirt work, etc.  He wanted to know if they anticipated any difficulties in getting this done in a timely manner.  Mr. Beall stated that he sees no problem completing Phase I and Phase II, but they had no intention of performing work on Phase III which is a future project.   

 

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 Richard Poston from 1733 Holding Company (Applicant and Owner) for Revised Planned District Development Plan Approval for the construction of a storage facility on property zoned “District C-3, General Commercial District” and described as Lot 4, Little USA Addition, a subdivision of Buffalo County, Nebraska (5415 West Highway 30) and approve Resolution No. 2006-116 subject to compliance with the following conditions: (1) The site shall be developed in accordance with the Site Plan filed with the City on May 30, 2006; and (2) If construction is not completed within one year from the date of approval of the Revised Plans the developer must comply with the Site Plan received by the City on September 13, 2002. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-116

 

            WHEREAS, Richard Poston from 1733 Holding Company (Applicant and Owner) has applied for Revised Planned District Development Plan Approval for the construction of a storage facility on property zoned “District C-3, General Commercial District” and described as Lot 4, Little USA Addition, a subdivision of Buffalo County, Nebraska (5415 West Highway 30).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Richard Poston from 1733 Holding Company (Applicant and Owner) for Revised Planned District Development Plan Approval for the construction of a storage facility on property zoned “District C-3, General Commercial District” and described as Lot 4, Little USA Addition, a subdivision of Buffalo County, Nebraska (5415 West Highway 30) be approved subject to compliance of the following conditions:

·         The site shall be developed in accordance with the attached Site Plan filed with the City on May 30, 2006.

·         If construction is not completed within one year from the date of approval of the Revised Planned District Development Plans, the developer must comply with the Site Plan received by the City dated September 13, 2002.

PASSED AND APPROVED THE 11TH DAY OF JULY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

CONDITIONAL USE PERMIT – HUSS PLATTE VALLEY AUCTION

 

Mayor Hadley opened the public hearing on the Application submitted by Dan Lindstrom from Jacobsen, Orr, Nelson, Wright & Lindstrom (Applicant) for Huss Platte Valley Auction, Inc. (Owner) for a Conditional Use Permit to temporarily pile and store snow and manure on property zoned “District M-1, Limited Industrial District” and described as part of Block 5 and part of Block 6 together with all that portion of vacated 18th Street lying between Blocks 5 and 6 and part of the east half of vacated 11th Avenue as the same abuts on the west side of said Blocks 5 and 6, all in Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (west side of 10th Avenue between 19th Street and 1702 10th Avenue).

 

The applicant is requesting a Conditional Use Permit (CUP) to stockpile manure and snow for short periods of time until it can be hauled away from the premises at the Huss sale barn. The business is regulated at the state level by Nebraska Department of Environmental Quality (NDEQ) and the area reserved for stockpiling has been approved per NDEQ requirements and graded to sit higher than the surrounding area so that overland water flow will not disturb the material.  The livestock pens are cleaned out and the manure/snow is stockpiled along the east property line where it is then trucked off the site by Blessing Construction Company. The manure and snow have been handled this way for years.

 

The sale barn has been at this location for approximately 50 years and the current owner has operated the facility for approximately 30 years. Manure has been stockpiled and hauled away over the lifetime of the operation. The reason that the stockpiling has become an issue more recently is due to a complaint. The sales barn is a nonconforming use that has rights to remain at this location, although it cannot be expanded or enlarged. The property where the manure/snow is stockpiled was purchased more recently than the land that contains the sale barn. Both parcels are similarly zoned M-1.  One question the Planning Commission and City Council must consider was raised in the complaint and that question is whether the use of the additional land constitutes an expansion or enlargement of the nonconforming use.  Can the land that was purchased more recently and therefore not a part of the original operation be used to stockpile manure? The main use of the additional land is for parking and parking is an allowable use of M-1 property.  The manure is associated with the nonconforming use. The presence of snow and manure is unavoidable for an operation such as this and it must be handled in some manner.

 

The Owner and the City met and agreed that the best way to deal with the issue is through the issuance of a CUP so that the Planning Commission and City Council could set the conditions regulating this phase of the operation on the more recently purchased parcel.  The conditional use approach allows regulation of the stockpiling on the property regardless of the nonconforming status since the Planning Commission and City Council can impose any conditions that are believed to be necessary to regulate the use.  In other words, this approach allows the City to regulate the use where in the past the use was not regulated.

 

The conditions of the permit should address the following issues:

  • If allowable, location and dimensions of stockpile area shall be indicated on a Site Plan.
  • Amount of time the manure/snow can be stockpiled before it is removed from the site.
  • Renewal period for the CUP.

 

There was opposition to this application at the Planning Commission hearing.  Several of the nearby property owners voiced concerns against the stockpiling of the manure at the proposed location.  Various concerns were cited including drainage runoff and odor.  The people in opposition believe that the CUP should not be approved and that the manure should be stockpiled on the land that is legally nonconforming.

 

There is currently a permit for this site to enable the trailer house that is located there for security purposes.  The permit was originally issued in 1978 and has been renewed on an annual basis since.  If the Council approves this CUP, staff suggests that the renewal date of the CUP regulating manure/snow stockpiling coincide with the existing permit so that there is only one renewal date for this facility and that it be renewed on an annual basis.

 

On June 20, 2006, the City received a letter from Dennis and Flora Petersen voicing their concerns and objection to the granting of the Conditional Use Permit. Also, on July 5, 2006, Ron Huss submitted a letter clarifying some issues that were voiced during or after the Planning Commission meeting.

 

City Attorney Michael Tye stated before the details of this request are discussed, he wished to do some framework of the project.  This CUP application was filed by Huss Platte Valley Livestock.  As has been discussed, Huss Platte Valley is a non-conforming use and the prime location is a non-conforming use.  It pre-existed the City’s zoning ordinance and is legally allowed to remain at the location within its original boundaries and operate as it has for a number of years.  Part of the reason this issue has come about is that approximately ten years ago, Huss Platte Valley purchased an additional piece of property which is located to the east and is not a part of the non-conforming use.  This piece is zoned the same as the original property M-1 and would be limited in use to that zoning’s regulations.  Mr. Tye’s understanding is that when Huss Platte Valley clears snow and manure on the main area, they stockpile that manure on that parcel which would not be a permitted use within an M-1 zone.  The request is for the Council to grant a Conditional Use Permit so that parcel can be used for that purpose with a regulation of a timeline for removal which could be reviewed on a periodic basis annually. 

 

Mayor Hadley stated that he wanted to make certain that everyone in the audience knows the issue as stated by the City Attorney is the only thing that is to be discussed at this meeting.  They are not addressing Huss Platte Valley, pens or the grandfather issue, only the Conditional Use Permit as it applies to this parcel of land.

 

Attorney Dan Lindstrom presented this matter to the Council. He stated that Mr. Tye was accurate for the most part in his statements about the Conditional Use Permit.  He believes this is a much simpler issue than some people want to make it.  The property, acquired in the last ten years, is located east of the auction barn to the City street.  A portion of that property is the subject of the CUP application.  Huss Platte Valley Livestock generates manure which is a given because they run livestock on a regular basis.  They have to do something about manure disposal.  Prior to purchasing this property the manure was piled in a tight area that was difficult to access with big trucks to quickly move it out.  After the purchase of this property, they began using that area to stockpile the manure.  They did not realize that there was a problem with the M-1 zoning.  That practice continued until last winter when a complaint was made.  They met with City staff to try to find a way to best deal with the complaint and the issue of the use in that area. 

 

Mr. Lindstrom pointed out that currently Huss Platte Valley Livestock has an agreement with Blessing Construction which is located just across the street from them.  Blessing uses semi-sized side dump trailers to remove the manure from the pad area which is easily accessible by the big trucks and loaders.  In addition, Huss Platte Valley has spent considerable sums of money changing some of the grading in this parking lot area.  This enabled them to stockpile the manure there for short periods of time and Blessing agreed that they can move it out within a couple of days once it has been stockpiled.  The question is if they cannot stockpile the manure here, where should they stockpile it?  A couple of issues come up if they are required to go back to the grandfathered non-conforming property to the west; the City would not be able to regulate how it is done, and it would be more difficult to get the manure in and out of there as quickly as they are presently doing.  There had been some discussion about if two days is enough time if there were special circumstances.  He stated that there was a snowstorm this spring and Huss Platte Valley had a problem in that three of Blessings trucks were stuck when trying to get the snow moved.  Under normal conditions, they agree two days is satisfactory. 

 

Council member Kearney stated that he is sensitive to the buffer zone because the houses in that location are very close to that manure pile.  There has been a complaint from the person who lives right across the street.   Mr. Lindstrom stated that there is a trailer park located on the eastside of 10th Avenue, but he was not aware of any complaint from that area.  His understanding was the complaint was made by a neighbor to the south that does not have a residence in the area.  He asked Mr. Huss, who was present at the meeting, if he had received any verbal complaints about the smell and he said he had not.  Mr. Lindstrom addressed Council member Kearney’s issue by stating this has been done in this way for ten years and to his knowledge there has been no complaint filed until this issue came to the forefront last winter. 

 

Mayor Hadley asked if the stockpiling of manure was more a winter or summer issue.  Mr. Lindstrom stated the major activity at the auction barn is through the winter months.  There are other sales off and on throughout the year.  He did receive information from the Huss Platte Valley staff about how often the pens were cleaned last year.  In 2005 based on the invoices from Blessing Construction, the pens were cleaned ten times after the manure was stockpiled (approximately 20 days out of 365).  His understanding was from January to May of 2006, pens were cleaned approximately nine times which will vary with the traffic and volume of livestock and weather conditions.  He did point out that only the snow removed from the pens that picks up manure in the process is stockpiled there. Snow removed from the parking lot that does not have manure in it is stockpiled in another area.  He added that stockpiling snow on this parcel is permissible in the M-1 zone, but the manure has become the issue.  The location from the north side of the Keenan building to the pad is about 85 feet and the dimensions of the pad are about 120’ x 85’ and the entire width of this area is 440 feet. 

 

Council member Clouse asked for a description of the drainage configuration in that area.  Attorney Lindstrom stated the pad was designed so that the water would move to the west.  Before any drainage work was done there, according to his client, generally water would have flowed in a southerly direction.  Since that change, the water flows along the railroad right-of-way that actually comes down across the north side of the Huss Platte Valley building and then works it way out into the parking lot.  Some of that water travels along a ditch on the north side of south Railroad Street and some along the north side of the Blessing building.  The parking lot generally drains down from north to south to an area in the middle of the parking lot.   The defused water from the parking lot runs into a swale created by Blessing Construction that takes the water into the ditch.  Water that comes off the manure pile generally runs in the westerly direction.  There are some lagoons and ditches that are designed specifically for water that has animal waste in it.  Those are pumped separately and handled according to the Department of Environmental Quality instructions that Huss has received.  NDEQ has done inspections of the livestock site several times.  NDEQ issued an exemption letter that stated Huss Platte Valley Livestock does not need to do some of things that a livestock operation (like a feedlot) would be required to do because of the number of animals they handle and the short duration they are there. 

 

Council member Lear stated that one of the issues that had been raised is that this is really an expansion of a nonconforming use.   Mr. Lindstrom stated the nonconforming use doctrine seems to state that you maintain a grandfather nonconforming use for as long as that use continues.  In this case, the original footprint has maintained the auction barn status for 60 years.  Even though zoning occurred in 1961 creating an M-1 zoned area, the fact that the auction barn purchased property next to it and does for the most part use it for uses that are allowed in a M-1 zone, does not create an expansion of the nonconforming use.  The issue that is the subject of the CUP is the piling of the manure.  When Huss Platte Valley learned it could not do that, they agreed to allow the City to regulate it by granting a CUP.  If the CUP is granted, it is a legal expansion of the use in this area which, in his opinion, does not prevent the City from granting it.  If the CUP is not approved and the stockpile must be moved back to the nonconforming property as before, and the City has no control over time lines, etc. 

 

Council member Lear asked the City Attorney if the City would have any recourse if the stockpile were to be moved back to the original nonconforming property in terms of having the manure removed if a complaint was made.  City Attorney stated that the stockpiling of manure by Huss Platte Valley would be consistent with the original nonconforming use of their footprint.  The City would be much more limited in terms of how they could regulate that removal.   It would become more of a NDEQ matter to regulate something that would occur over a substantial amount of time that would be considered a nuisance matter.  It would be extremely difficult for the City to regulate. 

 

Council member Buschkoetter asked if the City could have stronger regulations in addition to those of the NDEQ.  City Attorney stated that the NDEQ would not set regulations for a length of time. NDEQ does reviews of the operation on a periodic basis, so if there were issues or complaints they could be addressed when their application came up for renewal. 

 

Mayor Hadley asked for clarification of the 48 hour removal condition.  Mr. Lindstrom responded they asked the Planning Commission to lengthen that time because it seemed to make sense to be more specific particularly given our climate.  Planning Commission did not make that recommendation and the ordinance was drafted to state 48 hours.  Mr. Lindstrom stated further they can accept that as long as the 48 hours is interpreted as the clock begins to run when the stockpiling of the manure is completed.  He believed that the City Attorney would interpret the language as written in the way.  Mayor Hadley wanted to know if it took four days to clean the pens, if it could set there for the four days and the 48 hours would not start until the last load was stockpiled?   Mr. Lindstrom stated that was interpretation. Mr. Lindstrom added that generally cleaning of the pens does not take more than a day or two, but adverse weather could affect that timeline. 

 

John Shafer, 1306 14th Avenue, stated that he has lived about four blocks directly south of Huss Platte Valley Livestock for almost 24 years.  Mr. Huss has been a good neighbor and has worked with everyone who has had questions about livestock in that area.  He has also worked with Mr. Huss in ”pressed situations”.  He has no complaints and encouraged the Council to approve this Conditional Use Permit.

 

Robert Kuehn, 1419 Fairacres Road, stated he is a co-owner of the property south and adjacent to the Huss Platte Valley Livestock property.  He thanked the Council for agreeing to meet with him or Mr. Grapes to hear their concerns and opinions about some of the issues during the last week.  They met on the property in question and looked at some of the drainage problems on site.  They bought the property in 1979 which is basically G & K Addition.  He wanted to discuss what the future plans for this property that is now zoned M-1.  It has either been corn, hay or alfalfa since 1979 which it is to date.  The property is still vacant except for some equipment that is along 16th Street. He attended the June 16th Planning Commission meeting and made a presentation.  He was followed by Mr. Grapes, the co-owner, who had photos, VHS tapes and other papers which he believed would make a good argument and case against allowing Mr. Huss this CUP. 

 

He further stated that Mr. Lindstrom did touch on the legal aspects of this issue as to whether this was an expansion of the Huss Platte Valley Livestock business.  However, it appears to him that this newly acquired property is certainly an expansion of the business, which is illegal under a Conditional Use Permit.  Mr. Kuehn stated that they will abide by whatever the Council decides.  He also agrees that Mr. Huss has every legal right to have his business where it is located.  The people who built around that facility had the knowledge that the Huss auction barn was there.  He and Mr. Grapes also knew he was there when they purchased their property in 1979 and recognize if he remains there for another 20 years.  However, he believed that this CUP issue would not be up for discussion if it were not for the fact G & K properties is located to the south. 

 

He believes there has been and will continue to be issues until there is a solution of that property being zoned M-1.  Mr. Kuehn spoke on behalf of Mr. Grapes and himself. They have only asked that Mr. Huss live by the rules.  It is their contention that Mr. Huss is currently living beyond the rules.  There is water along the fence which is located on both his property and some on Huss’s property.  At one point, a person is deluged with flies which he believed was a hazard created by the runoff water from the Huss property.  After the approval of the Planning Commission to advance this CUP application in July, Mr. Kuehn wrote a letter to the NDEQ and asked for reports and records of any testing done concerning the Huss Platte Valley properties. His contention is that Mr. Huss is going to be allowed to pile snow and manure on property that drains to the west and south, where water goes under the fence on 10th Avenue and down the canal to the culvert on 16th Street. This creates standing water in that area and is infested with flies which constitute a nuisance.  

 

Mr. Kuehn read from a letter to Ron Huss from the City of Kearney, dated April 20, 1999, reminding him of what constitutes a nuisance.  He quoted 5-401: “essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others.”  He contends the water, the sewage, the pumping on his property and this Conditional Use Permit will continue to depreciate G & K property.  The letter also addresses animal manure in any quantity which is not securely protected from flies and the elements.  There has been no talk about covering that snow/manure pile and to his knowledge it has never been covered.   He believed Mr. Huss is not following the rules and if the CUP is approved, he will insist that the City enforce the nuisance laws and take care of the problems before they get worse than they are. 

 

Council member Buschkoetter asked if Mr. Kuehn wanted the manure piled along the fence.  Mr. Kuehn responded that he did not care where it is piled; it will eventually end up on his property or in the City sewer system.  Mayor Hadley stated that the issue before the Council is whether to approve or deny the CUP.  If it is denied, the stockpile will be piled closer to Mr. Kuehn’s property which Mr. Huss has a legal right to do.  The Mayor clarified with Mr. Kuehn that he was asking to deny the CUP and could live with the stockpiling of the snow/manure closer to his property.  Mr. Kuehn said he agreed with that statement. 

 

Margaret Clark, 1618 8th Avenue, commented that Mr. Lindstrom reported that the stockpile was picked up ten times last year, but previously she remembered him saying there are 35-36 sales during the year. This would mean that they do not pick up this stuff after every sale; it would be picked up every 3-4 weeks. The pile stands there subject to weather, degradation and insect infestation. When she was getting her Zoology degree, she took parasitological and another helmanthology class and has some knowledge about how feces standing for any length of time can cause air pollution and insects carrying potential hazards.  She is concerned about people living near such a potential hazard.  She was not aware that the NDEQ was not looking at anything other than runoff and she believed more needs to be done.   She asked the City to address that issue in the CUP. She believed that the City should consult with someone with more expertise on this issue. Mayor Hadley made the comment that stockpiling in that area only moves it to a more accessible area not far from where it originates.

 

Marvion Reichert, 18 Rolling Hills, stated that he has lived next to feedlots for 40 years. His family all grew up healthy.  He believed that people that purchase the land adjoining the sale barn knew what the problems were before they bought the land.  The CUP agreement for Huss was very sensible as it has been presented.

 

Mr. Lindstrom pointed out that this is not newly acquired property, but property used for this for ten years.  There is no argument that there is an expansion of the number of cattle that are coming in, the geographic area upon which the sales are held and the number of pens.  This is merely a matter of moving some of the function that is being conducted from one area to another so that it can be removed quicker.  Regarding the insect problem, he has had some discussion about this with the employees of Huss Platte Valley.  They stated that they put some insecticide cakes in their runoff water lagoons to specifically control files and mosquitoes.  They spend a lot of time spraying to control weeds in the area.  They do what they can to control the circumstances, but it is what it is, an auction barn. 

 

Mr. Lindstrom stated he has been involved with several of the issues that have come up and Mr. Huss has always spent the money to comply with the recommendations of the City and NDEQ.  It is impossible to cover all the bases, but Mr. Huss has always responded favorably to the City’s requests.  Council member Buschkoetter asked if Mr. Huss was in compliance with NDEQ.  Mr. Lindstrom said that according to the 2003 report of the on site review from the NDEQ inspector located in Holdrege; Huss Platte Valley Livestock was in compliance.  Mr. Lindstrom was not certain how often these investigations were done, but was aware of one site visit regarding colored runoff water, which was determined to be coming from the railroad property not from Huss Platte Valley property. 

 

Council member Clouse asked what months the bulk of their cattle season occurs.  The sale season starts in November through April which is basically through the winter months when the temperature is low enough to keep the insect issues down. 

 

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 Dan Lindstrom from Jacobsen, Orr, Nelson, Wright & Lindstrom (Applicant) for Huss Platte Valley Auction, Inc. (Owner) for a Conditional Use Permit to temporarily pile and store snow and manure on property zoned “District M-1, Limited Industrial District” and described as part of Block 5 and part of Block 6 together with all that portion of vacated 18th Street lying between Blocks 5 and 6 and part of the east half of vacated 11th Avenue as the same abuts on the west side of said Blocks 5 and 6, all in Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (west side of 10th Avenue between 19th Street and 1702 10th Avenue) subject to compliance with the following conditions: (1) The manure/snow shall only be stockpiled on the area indicated on the site plan and that the applicant shall follow all regulations as required by NDEQ; (2) Said manure/snow must be removed from the site within 48 hours after it is stockpiled; (3) This Conditional Use Permit shall be renewed annually and will be renewed concurrently with Huss Platte Valley Auction’s permit to locate a manufactured home at 1202 West 19th Street for security purposes. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Kearney that Subsections 1 through 10 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held June 27, 2006.

 

2.         Approve the following Claims: AT&T $142.60 smcs; Abels,B $14.82 smcs; AFLAC $2,207.10 ps; Alltel $1,381.70 smcs; Alpha Video $493.96 co; Artic Refrigeration $460.39 smcs; Ask Supply $341.50 smcs; Asselin,A $40.00 smcs; B&B Auto Glass $338.00 co; Baker & Taylor $4,279.79 smcs; Baxter,C $15.91 smcs; BBC Audiobooks $191.13 smcs; Big Flag Farm $67.60 smcs; Blessing $131,666.18 co; Blessing,M $14.79 smcs; Bluecross Blueshield $30,222.59 smcs; Bosselman $6,002.25 smcs; Bound to Stay Bound $1,076.93 smcs; Brand,J $25.63 smcs; Broadfoot's $136.00 smcs; Buffalo Co Comm Partners $500.00 smcs; Buffalo Co Court $177.65 ps; Buffalo Co Reg Deeds $51.50 co; Builders Warehouse $909.01 smcs,co; Candy,C $30.00 smcs; Cash-Wa $2,260.14 smcs; Central Fire $30.75 smcs; Central NE Equipment $94.54 smcs; Chad $36.00 ps; Charter Paging $22.46 smcs; Chief Industries $10,000.00 co; City of Ky $250,794.52 ps; City of Salina $951.66 ps; College Savings Plan of NE $50.00 ps; Conseco Life Ins $29.00 ps; Copycat Printing $10.50 smcs; Culligan $289.00 smcs; D&M Security $225.50 smcs,co; Deterding $327.94 smcs; Development Council $4,500.00 smcs; Dickman,D $41.32 smcs; Dorn,J $2.81 smcs; Double M Farms $2,000.00 smcs; Driver's License Guide $26.95 smcs; Drumheller,S $11.54 smcs; Dugan $937.43 smcs; Duncan,M $8.74 smcs; Dutton-Lainson $23.65 smcs; Eakes $252.66 smcs; Eberle,S $15.45 smcs; ESU #10 $2,177.50 co; Eirich,T $50.00 smcs; Elliott $1,598.38 smcs; Enslow Publishers $47.90 smcs; Essink,L $8.60 smcs; Excalibur Ent $18.74 smcs; Fairbanks $4,958.89 smcs; Fiala,K $29.91 smcs; Fiddelke Heating $770.08 smcs; Fort Ky Shooting $6,500.00 smcs; H&H Distributing $1,290.50 smcs; Heritage Hills $900.00 smcs; Hinrichs,S $23.77 smcs; Hoehner Turf $63.08 smcs; Holiday $240.87 smcs; Holoubeck,D $1.70 smcs; Hometown Leasing $248.23 smcs; Horkey,M $243.94 smcs; ICMA RC $2,724.04 ps; Industrial Materials $255.85 smcs; Info USA Marketing $2,200.00 smcs; IRS $99,989.76 ps; Jack Lederman $36.00 smcs; Johnson,S $50.00 smcs; Ky United Way $744.36 ps; Kirkham Michael $66,716.48 co; Klein,K $18.78 smcs; Kooyman,R $503.50 smcs,ps; Lang,L $132.56 smcs; Laughlin,K $360.00 ps; League of NE Mun $353.00 smcs; Liebsch,A $8.39 smcs; Lindenstein's $269.50 smcs; Loup City Area Chamber $20.00 smcs; Lush,R $111.57 smcs; Lyons,B $4.13 smcs; Magic Cleaning $250.00 smcs; Marlatt Machine Shop $976.02 co; Martin,K $6.23 smcs; May,P $30.00 smcs; Mercer,C $32.65 smcs; MES $19,070.81 smcs; Metlife $6,308.73 ps; Mid America Pay Phones $100.00 smcs; Mid-Kan Blueline $62.91 smcs; Midland Contracting $53,283.38 co; Miller & Associates $7,967.33 smcs,co; Mosbarger,B $200.00 ps; Nat'l Business Furniture $2,621.30 co; NWWA $12,307.22 smcs; NE Child Support $2,201.36 ps; NE Dept of Revenue $42,382.15 ps; NE Health Lab $393.00 smcs; NE Machinery $3,073.04 co,ds; NE Truck Center $84.67 smcs; NE Volunteer Firefighter $3,623.20 ps; NE Wine & Spirits $65.58 smcs; NEland Distributors $888.20 smcs; Northwestern Energy $3,148.74 smcs; Office Depot $21.98 smcs; Officenet $922.51 smcs; O'Keefe Elevator $625.51 smcs; Ortiz,P $14.80 smcs; Paramount $18.00 smcs; Paulsen $320,532.11 co; Payflex Systems $416.50 smcs,ps; Pep Co $51.10 smcs; Pepsi Cola $3,462.99 smcs; Pitney Bowes $450.00 smcs; Platte Valley Comm $113.90 smcs; Postmaster $232.00 smcs; Presto-X $145.00 smcs; Quality Books $87.76 smcs; Random House $248.40 smcs; Regional Books $410.43 smcs; Reifenrath,P $35.27 smcs; Republic Beverage $226.26 smcs; Ridgeway,R $11.17 smcs; Robinson,M $42.54 smcs; Safety Kleen $252.65 smcs; Sampson Construction $151,297.00 co; Sapp Brothers Petroleum $11,654.90 smcs; School District #7 $505.80 smcs; Schwan's $823.94 smcs; See Clear Cleaning $1,900.00 smcs; Shirt Shack $1,255.60 smcs; Smith & Tweed $629.45 smcs; Snap-On Tools $672.00 smcs; Spaghetti Shop $452.00 smcs; Spivey,M $8.55 smcs; Springer Roofing $425.00 smcs; Stanley Security $1,152.49 smcs; State Fire Marshall $350.00 smcs; State of NE/DAS Comm $19.14 smcs; Sterling Distributing $191.00 smcs; Stevens,K $17.30 smcs; Stover,D $1.36 smcs; Sun Life Financial $20,124.51 smcs; Svoboda,M $13.02 smcs; Sydow,J $40.00 smcs; Taylor-Trujilo,A $32.13 smcs; Thayer,M $17.22 smcs; Thompson,L $60.00 smcs; Thomson Gale $42.68 smcs; Tielke Enterprise $208.51 smcs; Transit Works $669.46 smcs; Trautman,G $19.52 smcs; Tye & Rademacher $10,625.11 smcs; UAP Distribution $14.27 smcs; Unique Books $47.25 smcs; Vencill,T $12.25 smcs; Village Uniform $131.56 smcs; Walter's Electric $202.50 smcs; Wegner,C $120.00 smcs; Williams,L $40.00 smcs; Xerox $320.29 smcs; Yosten,R $253.35 smcs; Payroll Ending 6-24-2006 -- $309,251.82.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the recommendation from Administration on accepting the water and sanitary sewer that serves Lot 1 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (LaVista Condominiums at Lighthouse Point) as constructed in accordance with the terms of the Developer Constructed Infrastructure Agreement and approve Resolution No. 2006-117.

 

RESOLUTION NO. 2006-117

 

            WHEREAS, on the 11th day of May, 2004, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2004-84 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and Segura Arrieta Construction for the installation of public improvements for Lot 1 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Developer has constructed the public improvements which include water and sanitary sewer in accordance with the requirements and standards set forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and

            WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney, the Developer has certified to the City that there are no liens or other encumbrances against the construction work; and

            WHEREAS, the City’s Engineers have determined that the work is in compliance with the design and is complete.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the public improvements which include water and sanitary sewer for Lot 1 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska have been constructed in accordance with Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 11TH DAY OF JULY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

4.         Approve the recommendation from Administration on accepting the paving, storm sewer, water and sanitary sewer that serves Lots 1 through 4 inclusive, Village Plaza Addition; Lots 7 and 8 of Block 4, Kearney Plaza Second Subdivision; Lots 1 through 9 inclusive of Block 4, Kearney Plaza Third Addition; and Lots 11 through 19 of Block 2, Kearney Plaza Third Addition all in the City of Kearney, Buffalo County, Nebraska (West LaPlatte Road west of Plaza Boulevard) as constructed in accordance with the terms of the Developer Constructed Infrastructure Agreement and approve Resolution No. 2006-118.

 

RESOLUTION NO. 2006-118

 

            WHEREAS, on the 9th day of November, 2004, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2004-209 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and The Nicholas Group and Village Plaza for the installation of public improvements for Lots 1 through 4 inclusive, Village Plaza Addition; Lots 7 and 8 of Block 4, Kearney Plaza Second Subdivision; Lots 1 through 9 inclusive of Block 4, Kearney Plaza Third Addition; and Lots 11 through 19 of Block 2, Kearney Plaza Third Addition all in the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Developer has constructed the public improvements which include paving, storm sewer, water and sanitary sewer in accordance with the requirements and standards set forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and

            WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney, the Developer has certified to the City that there are no liens or other encumbrances against the construction work; and

            WHEREAS, the City’s Engineers have determined that the work is in compliance with the design and is complete.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the public improvements which include paving, storm sewer, water and sanitary sewer for Lots 1 through 4 inclusive, Village Plaza Addition; Lots 7 and 8 of Block 4, Kearney Plaza Second Subdivision; Lots 1 through 9 inclusive of Block 4, Kearney Plaza Third Addition; and Lots 11 through 19 of Block 2, Kearney Plaza Third Addition all in the City of Kearney, Buffalo County, Nebraska have been constructed in accordance with Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 11TH DAY OF JULY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve the recommendation from Administration on accepting the paving, storm sewer, water and sanitary sewer that serves Eastbrooke Seventh Addition as constructed in accordance with the terms of the Developer Constructed Infrastructure Agreement and approve Resolution No. 2006-119.

 

RESOLUTION NO. 2006-119

 

            WHEREAS, on the 8th day of February, 2005, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2005-16 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and C & C Development and Central Contracting Corp. for the installation of public improvements for Eastbrooke Seventh Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Developer has constructed the public improvements which include paving, storm sewer, water and sanitary sewer in accordance with the requirements and standards set forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and

            WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney, the Developer has certified to the City that there are no liens or other encumbrances against the construction work; and

            WHEREAS, the City’s Engineers have determined that the work is in compliance with the design and is complete.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the public improvements which include paving, storm sewer, water and sanitary sewer for Eastbrooke Seventh Addition to the City of Kearney, Buffalo County, Nebraska have been constructed in accordance with Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 11TH DAY OF JULY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve the recommendation from Administration on accepting the paving, storm sewer, water and sanitary sewer in 1st Avenue Place that serves Talmadge Center Addition as constructed in accordance with the terms of the Developer Constructed Infrastructure Agreement and approve Resolution No. 2006-120.

 

RESOLUTION NO. 2006-120

 

            WHEREAS, on the 12th day of April, 2005, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2005-53 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and South Side Realty, Talmadge Land, and First National Bank and Trust Company of Minden for the installation of public improvements in 1st Avenue Place that serves Talmadge Center Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Developer has constructed the public improvements which include paving, storm sewer, water and sanitary sewer in accordance with the requirements and standards set forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and

            WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney, the Developer has certified to the City that there are no liens or other encumbrances against the construction work; and

            WHEREAS, the City’s Engineers have determined that the work is in compliance with the design and is complete.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the public improvements which include paving, storm sewer, water and sanitary sewer in 1st Avenue Place that serves Talmadge Center Addition to the City of Kearney, Buffalo County, Nebraska have been constructed in accordance with Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 11TH DAY OF JULY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve the Agreement with University of Nebraska at Kearney, in partnership with the Downtown Improvement Board, to block off Central Avenue from 21st Street to 22nd Street on August 24, 2006 from 6:00 p.m. until 1:00 a.m. to conduct “Destination Downtown”.

 

8.         Approve the application to extend Conditional Use Permit No. 1979-02 submitted by Ruth Staley to locate a day care center located at 1210 East 30th Drive for a period of one year.

 

9.         Approve the Agreement with Flatland Repair and Customs Inc. to temporarily close Avenue I from 25th Street south to 24th Street on July 15, 2006 from 5:00 p.m. until 11:00 p.m. for their annual show and shine bike and car show.

 

10.        Approve the application for a Special Designated License submitted by LEROY SMITH & BARBARA YENDRA, dba "George Spencer Vineyard & Tasting Room" in connection with their Class ID62962 liquor license to dispense beer and wine inside a tent which will be enclosed by a 60 foot by 30 foot outside fenced area located at the Great Platte River Road Archway Monument, 3060 1st Street, on August 11, 2006 from 7:00 p.m. until 9:30 p.m. for a dinner event subject to the City receiving the required Certificate of Insurance.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7276 – CREATE PAVING DISTRICT NO. 2006-909

 

Mayor Hadley stated that Items 1 through 6 can be voted on together.

 

Chapter 16 of the Nebraska Revised Statutes sets out the rules by which water, sewer and paving districts may be created by public entities.  The Council has the authority to create districts and make improvements and assess the costs to the property that is benefited by the improvements. The Mayor and Council, by ordinance, shall create districts according to Sections 16-619 and 16-667 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.  After publication, if the owners of record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done.  If objections are not filed against the district in a timely manner that meets the law, the Mayor and Council shall proceed to construct such improvements.

 

Item Nos. 1, 2 and 3 pertain to the development of 11th Avenue, 8th Street and 9th Street Place in the Park View Estates Third Addition.  The City received a letter from the developer requesting paving, water and sewer improvements for this area. Item Nos. 4, 5 and 6 pertain to the development of 17th Avenue from 11th Street to 14th Street. The City also received a letter from the developer. In accordance with Section 57-102 of the Unified Land Development Ordinance, being part of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts.  The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law.

 

Council Member Kearney introduced Ordinance No. 7276, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2006-909 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third, 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 Clouse 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. 7276 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 Clouse seconded by Lear that Ordinance No. 7276 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. 7276 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. 7277 – CREATE WATER DISTRICT NO. 2006-543

 

Council Member Kearney introduced Ordinance No. 7277, being Subsection 2 of Agenda Item V to create Water District No. 2006-543 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third, 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 Clouse 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. 7277 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 Clouse seconded by Lear that Ordinance No. 7277 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. 7277 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. 7278 – CREATE SEWER DISTRICT NO. 2006-486

 

Council Member Kearney introduced Ordinance No. 7278, being Subsection 3 of Agenda Item V to create Sewer District No. 2006-486 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third, 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 Clouse 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. 7278 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 Clouse seconded by Lear that Ordinance No. 7278 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. 7278 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. 7279 – CREATE PAVING DISTRICT NO. 2006-910

 

Council Member Kearney introduced Ordinance No. 7279, being Subsection 4 of Agenda Item V to create Paving Improvement District No. 2006-910 for 17th Avenue from 14th Street south to 11th 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 Clouse 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. 7279 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 Clouse seconded by Lear that Ordinance No. 7279 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. 7279 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. 7280 – CREATE WATER DISTRICT NO. 2006-544

 

Council Member Kearney introduced Ordinance No. 7280, being Subsection 5 of Agenda Item V to create Water District No. 2006-544 for 17th Avenue from 14th Street south to 11th 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 Clouse 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. 7280 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 Clouse seconded by Lear that Ordinance No. 7280 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. 7280 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. 7281 – CREATE SEWER DISTRICT NO. 2006-487

 

Council Member Kearney introduced Ordinance No. 7281, being Subsection 6 of Agenda Item V to create Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th 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 Clouse 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. 7281 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 Clouse seconded by Lear that Ordinance No. 7281 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. 7281 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. 7282 – AMEND SECTION 9-1215 “OBSTRUCTION OF SIDEWALKS, ETC., WITH MERCHANDISE, ETC.; EXCEPTION”

 

Section 9-1215 “Obstruction of Sidewalks, etc. with Merchandise, etc.; Exception” of the Kearney City Code states:

 

It shall be unlawful for any person within the City to erect, maintain or suffer to remain on any street or public sidewalk or on any portion of the area between the lot line and the curbline of any street any stand, wagon, merchandise, machinery or any other obstruction injurious to, inconvenient or inconsistent with the public use of the same; provided, that a reasonable time shall be allowed to remove goods, wares and merchandise being received and shipped.

 

The Downtown merchants expressed concern and frustration to City staff with the current City Code restricting the placement of merchandise, tables and chairs, etc. on sidewalks downtown.  The merchants realize the requirement of accessibility on the sidewalks; however, most sidewalks in the downtown area are an estimated 10-12 feet wide. The Downtown Improvement Board would like to allow the merchants to take full advantage of the wide sidewalks to create an inviting atmosphere for pedestrians to patronize the downtown businesses.  A permit system has been created which would provide a tool for City staff to monitor and enforce regulations regarding the downtown sidewalks.

 

Therefore, in order to allow for such a system to be implemented, the Kearney City Code needs to be amended. The following is the language that would be added to Section 9-1215:

 

No Sidewalk Occupation Permit provided by this section shall be issued without prior approval by the City. The City has established criteria for considering the approval or denial of a Sidewalk Occupation Permit. The City Council has authorized and designated the City Manager as the agent to determine whether a Sidewalk Occupation Permit is to be issued by the City for use by the holder of the Sidewalk Occupation Permit.

 

The Downtown Improvement Board has decided that merchants must meet the following criteria to be eligible for a Sidewalk Occupation Permit:

  • Must be an owner and/or tenant of a commercial property located in the Offstreet Parking District #1. 
  • Must maintain an unobstructed path measuring at least five feet wide within the sidewalk so as to assure accessibility. 

 

Council Member Kearney introduced Ordinance No. 7282, being Subsection 7 of Agenda Item V to amend Section 9-1215 “Obstruction of Sidewalks, etc., with Merchandise, etc.; Exception” of Article 12 “Streets and Sidewalks” of Chapter 9 “Public Works” of the Code of the City of Kearney to establish criteria for considering the approval or denial of a Sidewalk Occupation Permit and to designate the City Manager as the determining agent for the issuance of Sidewalk Occupation Permits, 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 Clouse 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. 7282 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 Clouse seconded by Lear that Ordinance No. 7282 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. 7282 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. 7268 – VACATE PORTION OF NORTH PARK (PERTAINS TO PUBLIC HEARING 1)

 

Mayor Hadley stated that Ordinance No. 7268 pertains to Public Hearing 1 and needs to be removed from tabled.

 

Moved by Lear seconded by Buschkoetter to remove from the table Ordinance No. 7268. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

Council Member Buschkoetter introduced Ordinance No. 7268, being Subsection 1 of Agenda Item VI to vacate Lot 1 of Block 4, North Park, an addition to the City of Kearney, Buffalo County, Nebraska (2204 West 50th 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, Kearney, Buschkoetter, Lear, Clouse. 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. 7268 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7268 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7268 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. 7269 REZONE 145 FEET WEST OF THE INTERSECTION OF 22ND AVENUE AND 50TH STREET (PERTAINS TO PUBLIC HEARING 1)

 

Mayor Hadley stated that Ordinance No. 7269 pertains to Public Hearing 1 and needs to be removed from tabled.

 

Moved by Lear seconded by Buschkoetter to remove from the table Ordinance No. 7269. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

Council Member Buschkoetter introduced Ordinance No. 7269, being Subsection 2 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 0.656 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th 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, Kearney, Buschkoetter, Lear, Clouse. 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. 7269 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7269 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7269 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. 7283 – CONDITIONAL USE PERMIT FOR SUBWAY, 1308 WEST 24TH STREET (PERTAINS TO PUBLIC HEARING 6)

 

Council Member Kearney introduced Ordinance No. 7283, being Subsection 3 of Agenda Item VI to grant a Conditional Use Permit to Jeffrey Overturf (Applicant) and Bob Wilson for PABO, LLC (Owner) to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street) subject to compliance with the following conditions: (1) The site shall be developed in accordance with the site plan filed with the City on June 7, 2006 which depicts a six-foot encroachment into the bufferyard; (2) The reader board and associated speaker shall be located on the east side of the building facing east; and (3) No parking will be allowed on 14th Avenue between 24th Street to a point ten feet south of the abutting residential driveway, 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 Clouse 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, Lear, Clouse, Kearney, Buschkoetter. 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. 7283 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7283 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7283 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. 7284 – CONDITIONAL USE PERMIT FOR HUSS PLATTE VALLEY AUCTION (PERTAINS TO PUBLIC HEARING 8)

 

Council Member Lear introduced Ordinance No. 7284, being Subsection 4 of Agenda Item VI to grant a Conditional Use Permit to Huss Platte Valley Auction, Inc. (Applicant and Owner) to temporarily pile and store snow and manure on property zoned “District M-1, Limited Industrial District” and described as part of Blocks 5 and 6 together with all that portion of vacated 18th Street lying between Blocks 5 and 6 and part of the east half of vacated 11th Avenue as the same abuts on the west side of said Blocks 5 and 6, all in Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (west side of 10th Avenue between 19th Street and 1702 10th Avenue) subject to compliance with the following conditions: (1) The manure/snow shall only be stockpiled on the area indicated on the site plan and that the applicant shall follow all regulations as required by NDEQ; (2) Said manure/snow must be removed from the site within 48 hours after it is stockpiled; (3) This Conditional Use Permit shall be renewed annually and will be renewed concurrently with Huss Platte Valley Auction’s permit to locate a manufactured home at 1202 West 19th Street for security purposes, 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 Buschkoetter 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, Kearney, Buschkoetter, Lear, Clouse. 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. 7284 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7284 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7284 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.

 

APPEAL ON THE REVIEW AND EVALUATION OF SITE DEVELOPMENT – NORTH AND SOUTH OF 15TH STREET WEST OF 1ST AVENUE

 

Mayor Hadley opened for discussion the appeal submitted by Brian Hergott (Applicant) for Buffalo County (Owner) on the review and evaluation of site development features by Administration as it pertains to landscaping requirements for property zoned “District C-3, General Commercial District” and described as Lots 1473, 1474, 1475, 1494, 1495, 1496, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (north and south of 15th Street west of 1st Avenue).

 

The applicant is requesting relief from the landscape provisions of the Unified Land Development Ordinance that require a ten-foot wide landscape strip adjacent to any street frontage.  The existing rights-of-way for 1st Avenue and 15th Street are extra wide which will result in adequate landscape area even though it will be part of the public right-of-way.  If the ten-foot strip were required, the total depth of landscape area from the curb to the parking lot would be as much as 32 feet.  The amount of parking spaces that could be realized would be significantly diminished if the additional ten feet of landscaping is enforced.

 

Staff cannot approve deviations from Code requirements and suggested that the applicant request the deviation from Planning Commission and City Council.  Planning Commission recommended that the landscape requirements for the 10-foot wide landscape strip along both streets be suspended for this development since the existing right-of-way is wide enough to provide adequate landscape area.

 

Brian Hergott presented this matter to the Council. This project is to construct a parking lot north of the existing Buffalo County Courthouse.  The City Code requires a 10-foot setback from the property line.  In one area they have 23 feet 4 inches from the back of the curb on the north lot and excess of that on the south lot to the property line.  By taking another ten foot off those, they would be losing parking spaces. The goal is to try to get cars off the street so these parking spaces are essential. 

 

Moved by Hadley seconded by Kearney to suspend the landscape requirements for the 10-foot wide landscape strip along both streets for this development since the existing right-of-way is wide enough to provide adequate landscape area for property zoned “District C-3, General Commercial District” and described as Lots 1473, 1474, 1475, 1494, 1495, 1496, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (north and south of 15th Street west of 1st Avenue). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

PLATTE VALLEY BREWERY – EXPANSION TO INCLUDE BEER GARDEN ON LIQUOR LICENSE

 

Mayor Hadley opened for discussion the application submitted by ADAM DAAKE, dba “Platte Valley Brewery” in connection with their Class L52385 and C61761 Liquor Licenses for an addition of a beer garden to be located on the east side of the existing premises located at 14 East Railroad Street.

 

This existing business applied to expand their current license to include an outdoor area referred to as a “beer garden”.  This area would be to the east of the existing building between the business and an adjoining business.  The area is enclosed with a wooden fence and secured.  The Brewery has no violations on record and is in good standing with the Nebraska Liquor Control Commission.

 

This area will be used in warm weather only and alcohol will continue to be served at the bar and carried by patrons to the garden area.  The only possible concern would be the noise from music in the garden area, but this can be dealt with on a case by case basis.

 

Fire Administrator Ken Tracy sent a letter to Adam Daake recommending approval subject to compliance with the following conditions:

  • The beer garden shall be reviewed and approved by the Nebraska State Fire Marshal.
  • The northwest gate shall be fixed so that it only swings outward.
  • The northwest gate shall be unlocked when the beer garden is occupied.
  • All obstructions must be cleared from the sidewalk on the north side of the building. This sidewalk shall remain unobstructed.
  • The existing north and east exits in the main building shall remain unobstructed.

 

Adam Daake, 1510 Avenue F, presented this matter to the Council. They have complied with all the conditions.  Platte Valley Brewery has had an exemplary record with no liquor violations in the five years since they have opened.   One of the things they have done to prevent violations is to keep reminding employees that they will also be fined if they sell to a minor.  The main thing is to stay on top of the employees and give them the proper training and supervision.  Council member Clouse commended Mr. Daake for good work that he and his establishment has done.

 

Moved by Kearney seconded by Clouse to approve the application submitted by ADAM DAAKE, dba “Platte Valley Brewery” in connection with their Class L52385 and C61761 Liquor Licenses for an addition of a beer garden to be located on the east side of the existing premises located at 14 East Railroad Street subject to compliance with the following conditions: (1) the northwest gate shall be fixed so that it only swings outward; (2) the northwest gate shall be unlocked when the beer garden is occupied; (3) all obstructions must be cleared from the sidewalk on the north side of the building. This sidewalk shall remain unobstructed; and (4) the existing north and east exits in the main building shall remain unobstructed. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS: NEBRASKA PUBLIC POWER DISTRICT -- $53,296.54; FREMONT NATIONAL BANK -- $39,321.21

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $53,296.54 payable to Nebraska Public Power District and in the amount of $39,321.21 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

City Manager Michael Morgan gave an update on 39th Street project which is making progress right on schedule to meet the goal of mid-August.  The 2nd Avenue Overpass seems to be on schedule and traffic seems to be moving through there nicely.  The state has put up a sign stating when it will be completed.

 

Council member Clouse wanted to compliment the Parks Department.  Harmon Park was in superb shape for “Art in the Park” which represented our community very well. 

 

Council member Kearney reminded the public when they call about an issue and request a call back to please leave their name and a number where they can be reached.  Council members want to make sure all calls get returned.

 

Mayor Hadley complimented the City Staff for the great work they do, especially like the Huss Platte Valley Livestock CUP, to help the Council make good decisions.

 

Council member Buschkoetter stated that the Planning Commission works long hours and take their responsibilities very seriously. 

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Kearney that Council adjourn at 8:41 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK