Council holds multiple public hearings, Karol Kay project brings opposition

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During the Sept. 17 City Council meeting, the council:

• held a public hearing to consider a Tax Increment Financing application by Else and Burger Properties LLC. 

TIF Attorney Andrew Willis said the project falls in line with the downtown revitalization projects happening in Seward. 

Willis said Else and Burger Properties plans to start construction, between Fourth and Fifth streets within the year and hopes to be completed by next year. 

The council voted to approve the resolution to approve the redevelopment plan amendment a cost benefit analysis for the project a resolution to approve the redevelopment plan for the project including the issuing TIF indebtedness for the project. 

• held a public hearing to consider a preliminary plat, Twin Oaks Development, Seventh Addition near Pine and Walnut Streets.

No public comments were made, the hearing was closed. 

The council approved the subdivision agreement and preliminary plat.

• held a public hearing for a special use permit for 1053 South Street to operate a trade services occupancy. 

Butcher said this was for Blue River Properties. The company wanted to put out a novelty sign. 

“City staff knew that (Cory) Mr. Mueller (Blue River Properties owner) was an electrician and then discovered it was considered a commercial use type under the definition of trade services which is only allowed in UC district with special use permit,” Butcher said. “Mr. Mueller wasn’t advised of this when he bought the property. So Mr. Mueller filed for the application to kind of clean this item up. This item was heard at Planning and Zoning Commission meeting and recommended approval.”

There were no public comments. The council approved of the special use permit. 

• held a public hearing to consider an ordinance to vacate a sanitary sewer easement on 2077 Meadow Lane. 

Butcher said the sewer line was not found so the property owner asked that the easement be vacated. According to Butcher there was no need for the easement anymore.

The ordinance was introduced and passed by the council. 

• held a public hearing to consider an ordinance to amend the unified land development ordinance; article 31 supplemental use regulations, 410-31.5, G. Kennels. 

Butcher said an applicant had come in for a permit to open a kennel and it was found that the regulations were that kennels cannot be within 100 feet of the property line and 500 feet from residential use. 

“When we got to the 500 feet of the property line of any residential use, when I did the math, you can have a 10-acre lot that was rural residential, that we allow in rural residential districts by special use permit, kennels. You physically cannot get one on a 10-acre lot if you have 500 feet in every direction.” Butcher said. 

No comments were made by the public. The council introduced and approved the ordinance to change the 100 feet from a property line to 50 feet and change the 500 feet from residential use to 100 feet. 

• held a public hearing on the Seward Economic Development plan. 

The presentation covered from Feb. 1 to July 1. Butcher said there was not a lot of activity during that time. 

There were no comments from the public. The board accepted the presentation. 

• reappointed Sue Bowen to the Planning and Commission for a three-year term. 

• approved a funding agreement with Seward County Chamber and Development Partnership. 

SCCPD President Jonathan Jank said the partnership is grateful for the city’s investment. 

The board approved the investment of $67,500 to the Seward County Chamber and Development Partnership.

• approved the membership agreement with the SCCPD.

• approved installation of a rectangular rapid flashing beacon on Columbia Avenue for the crosswalk at the Seward Memorial Hospital. 

Butcher said after doing a walk through, local traffic knows to stop for pedestrians but non-local does not. The beacon will be similar to the one placed on Highway 15 and Hillcrest. 

• passed an ordinance to amend the comprehensive pay plan with a 2% increase for a cost of living adjustment. 

• approved change order number 2 on the Seward Rail Campus Improvement project for $26,611.39 with Van Kirk Brothers for site preparation of the electrical substation. 

“This was kind of in the works a few months ago with the site station needing to be done, us already having a grading contractor on site and the substation site needing some amount of fill,” City Engineer Jake Vasa said. “(It) was cost prohibited to include this in the bid for the substation so we are change ordering it to the project that we already have out there on the site.” 

• approved the final plans and specifications for the East Seward Street improvement project. 

The project is paving the road near the dog park. 

• approved amendment to the tower and ground space lease agreement with New Cingular Wireless PCS, LLC, formerly Tisdale Nebraska, LLC. 

The amendment is because Tisdale was taken over by New Cingular. City Attorney Kelly Hoffschneider said they made some adjustments to the agreement to reflect new ownership and to do a structural analysis. 

• voted 6-2 a resolution approving the preliminary plans, specifications and estimates for the Karol Kay Boulevard project. Voted 6-2 to approve an ordinance dedicating a public street, in Wilderness Park First Addition, for perpetual public use for the Karol Kay Boulevard project. Voted 6-2 to adopt  a resolution dedicate use of the walking path, landscape/butterfly garden with parking for the Karol Kay Boulevard project. 

• approved 6-2 a resolution to dedicate use of the sidewalk connection to the trail system for the Karol Kay Boulevard project. 

Council members Sid Kamprath and Jessica Kolterman opposed. 

Approved 5-3 a resolution authorizing the city attorney to initiate eminent domain proceedings for acquisitions of easements for the Karol Kay Boulevard, Bader-Hillcrest project. 

Council members Kamprath, Kolterman and Ellen Beck opposed. There was discussion about the Eastridge Home Owners Association not having come to a deal with the state about the land needed for the right-of-way.  Hoffschneider said if the resolution were to pass, negotiations between the HOA and the state could continue. Read more about it in next week’s SCI.