The Kearney City Council met on September 12, 2023, at 5:30 PM in City Hall to conduct four public hearings, approve a 15-item consent agenda, adopt a salary ordinance, and adopt the city budget for the 2023-2024 fiscal year. All votes were unanimous.
And welcome to our city council meeting for September the 12th. If you arise have a moment of silence, and then we'll have the Pledge of Allegiance. Thank you. Join us in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and which it stands. One nation under God indivisible within liberty and justice for all. Thank you. In accordance with section 841412 of the Nebraska revised statutes, a current copy of the open meetings act is available for view. It's posted on all the council chambers. We take roll, please. Mayor Klaus. Here. Bush Cutter. Here. Nicola. More. Here. We have no oral communications, no one finished business, so we'll move right to public hearing one. And that pertains to the application submitted by Buffalo Survey Incorporation for Kenneth Richter, trustee for a conditional use permit to operate a resource extraction site on property zone agricultural district located west and south of 7310 2nd Avenue. Planning Commission recommended approval. Very good. Yep. I did that before. You'd think I'd learn, right? One of these days you're gonna get the hang of it, Mitch. We'll be okay. Okay. Anyway, for the record, I am Mitch Humphrey with Buffalo Surveying Corporation located at 5308 Park Lane Drive here in Carney. And for this project, I am here to represent Kenny Richter, who is the owner of the subject property. And this property is situated to the west and south of 7310 2nd Avenue, which is the former Cowpoke site, or the really nicely remodeled uh building that Great Plains Communications happens to be using now. And and so we're west and south of that along the highway. And then here a few months ago, we uh came through a project or process to get the conditional use permit approved or get one approved for the blessing premier property site. So this site basically, if you want to call it is kind of squished between the Great Plains and 2nd Avenue location and east of the blessing property. The uh tracks around it, and I I did not identify the exact location of this property on this slide, but it basically it's it's west and south of the parcel that's zone C2PD, cross the road west of the Clearview subdivision, and then everything north and south of it is zoned agricultural. The site contains, if I remember correctly, 29.33 acres, and is accessed via a long-standing ingress egress easement that finds its way up to uh 78th road or 78th Street as a case may be, and then it gets on over to the highway. Um really what we're wanting to do is is get a conditional use permit approved that has essentially the same conditions as the blessing project, whereas the difference would be is that this one doesn't necessarily require a 100-foot uh buffer yard along the residential because there is no residential, so as a condition of this permit, there is a 20-foot buffer yard along the highway and then the two lines circumventing to the south and west side of the Great Plains site. So essentially everything else is the same, the hours of operation, so on and so forth. There is just a little bit of floodplain going across the south side of that this site, which obviously will not be excavated or or disturbed. Uh that would not bode well for the contractor or the applicant uh if the state of Nebraska uh found out about that or or FEMA or somebody found out that they had got into the floodplain with their excavation. Um it's that simple of a project from the standpoint that the presentation was the same as what we had before. There is the ordinance number on your agenda. I I don't recall the ordinance that is Peggy listed 8646, which outlines the legal description, lists of conditions, which are standard with the hours of operation being the same as as I can recall all your other conditional use permits that you've passed and approved lately, and it is signed. There is an acknowledgement for the conditional use permit signed by Kenny Richter that's on, I believe the last page of that document. So he's aware of the conditions and uh is ready to move forward. Okay, thank you. Um, and so as I read through this, um, we were already doing some of the extraction and just didn't realize they needed conditional use permit. Pretty much uh there was a conditional use permit granted on some of this property years and years ago, and that's long since expired. The city staff was good enough to bring this issue to our attention and say, hey, we we we need to clean up our records and get a current conditional use permit in place, essentially. But that's the same, like you said, same as the one we just did for blessing to the west of that. Correct.