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Regular meeting of the Mayor and Council of the City of Springfield, Nebraska
September 17, 2002
Draft Minutes
AGENDA FOR COUNCIL MEETING SEPTEMBER 17, 2002
1. Approve Minutes
2. Citizen Communication
3. Department Reports/CA Report
4. Sarpy County Ec. Dev. Corp. Quarterly Update - Toby Churchill
5. SSAP Use of Community Building – Don Dalton
6. Block 7, Spearman’s 1st Addition Alley Vacate - Discussion
7. Account Clerk/Planning Clerk – Tiffany Wiese, FT, $8.95, eligible for 4% after probation
8. 2% COLA for Regular Fulltime & Regular Part-time Employees
9. City Fee Ordinance - Discussion
10. Resolution 2002-16 – Approve Budget and Add 1% Increase of Restricted Funds
11. Resolution 2002-17 – Setting Property Tax Request
12. Ordinance 571 – Administrative Subdivision Plats (Public Hearing)
13. Ordinance 572 – Supplementary Regulations (Townhouses) (Public Hearing)
14. Ordinance 573 – Definitions (Condominiums and Townhouses) (Public Hearing)
15. Ordinance 574 – Zoning Districts (Condominiums) (Public Hearing)
16. Ordinance 575 – Zoning District (Townhouses) (Public Hearing)
17. Executive Session – Litigation and Negotiation
18. Executive Session Action
A regular meeting of the Mayor and Council of the City of Springfield, Nebraska was held at 7:30 o’clock PM, at City Hall, on September 17, 2002. Present were Mayor Duane Neitzel; Council Members: Dennis Gosch, Eric Hayes, Thomas Buskirk, Chad Nolte. Absent: None. Notice of this meeting was given in advance by publishing notice in The Times on September 12, 2002. Notice of this meeting was given in advance to the Mayor and all Council Members and a copy of their receipt of notice is attached to these minutes. All proceedings hereafter shown were taken while the convened meeting was open to the public.
Agenda Item 1. Motion by Nolte, seconded by Gosch, the minutes of the September 3, 2002 Council meeting, Budget Hearing, and Tax Request Hearing and the September 10, 2002 Special Emergency Council Meeting be approved as presented. AYES: Gosch, Hayes, Buskirk, Nolte. NAYS: None.
Agenda Item 2. There was no citizen communication.
Agenda Item 3. Sandra K. Powell, City Administrator, reported the following: She would be attending a Nebraska Department of Roads meeting concerning Highway 50 4-lane construction between Louisville and Springfield, being held October 4, at 10:00 AM in Louisville.
Richard Baker will be pursuing a sewer operator license in order to become the City’s future sewer backup operator.
Chuck Johnson has applied for a Corp of Engineers 404 permit to stabilize the creek embankment at the Sewer Treatment Plant. Howard Engberg is providing the clean, appropriately sized, concrete rip-rap for this project.
Sarah Shropshire, Donahoe Mobile Home Court, has contacted Powell to report that she is in negotiation with Ed Donahoe over the possible sale of the Court. Powell verified with Council that it is both the sewer and water which needs updating. Council concurred.
A League of Nebraska Municipalities video is available in the office. The video concerns the Statewide Wireless Communication System and the statewide needs assessment process for prioritizing our transportation infrastructure.
Sasse informed Powell that the impellers for the Highway 50 lift station had not arrived yet. He will also contact Heimes Excavating to speed up the air valve installation on this project.
Agenda Item 4. Toby Churchill, Sarpy County Economic Development, distributed and reviewed the 2nd Quarter Report.
Agenda Item 5. Don Dalton, SSAP, was present to request the use of the Community Building for basketball activities. Buskirk stated that he had received complaints from downtown businesses that the basketball patrons used up many of the prime parking areas during these activities, and requested that they be encouraged to park on the various side streets. Motion by Nolte, seconded by Buskirk, SSAP Basketball be allowed to use the Community Building under Category 3 for the upcoming basketball season. AYES: Gosch, Hayes, Buskirk, Nolte. NAYS: None.
Agenda Item 6. Buskirk stated that the alley in Block 7, Spearman’s 1st Addition, located behind the Jack Dover and Leonard Simon property, was on a previous list as a possible alley to be vacated. The Council did not proceed with the vacate list at the time, due to the cost. Neitzel stated that the city would need to retain an easement. Powell explained the process to vacate an alley. Jack Dover, 480 Elm, was present to request the vacation of the alley, and suggested that the homeowners abutting the alley could bear the expense of the vacation. Mark Dover, Jack Dover’s son, asked how a person would acquire the entire width of the alley. William E. Seidler, Jr., City Attorney, informed him that that would require replatting. The vacation of the alley reverts half of the alley ownership to the abutting homeowners. It was Council consensus that the City Administrator proceed with the alley vacate procedure as specified in the Springfield Municipal code. Motion by Buskirk, seconded by Nolte, that Jack Dover has one month after the approval of an ordinance to vacate an alley in Block 7, Spearman’s Addition, to relocate his fence onto the revised property line location. AYES: Gosch, Hayes, Buskirk, Nolte. NAYS: None.
Agenda Item 7. Motion by Nolte, seconded by Buskirk, to offer Tiffany Wiese a full time position as Account Clerk/Planning Clerk at $8.95; eligible for a 4% increase after probation. AYES: Gosch, Hayes, Buskirk, Nolte. NAYS: None.
Agenda Item 8. Motion by Nolte, seconded by Buskirk, to allow a 2% cost of living allowance increase for all Regular Fulltime and Regular Part-time Employees commencing October 1, 2002. AYES: Gosch, Hayes, Buskirk, Nolte. NAYS: None.
Agenda Item 9. Powell has consolidated available fee information into a single fee ordinance. Council reviewed the ordinance and offered suggested changes. Powell will make the changes and present the ordinance at the next Council meeting. It was Council consensus that the pending alley vacation not be subject to the proposed vacate fees since this action was requested prior to the adoption of the fee ordinance.
Agenda Item 10. Council Member Nolte introduced Resolution No. 2002-16 and moved its adoption. Council Member Hayes seconded the motion. Upon roll call on the passage and adoption of said Resolution the following Council Members voted AYE: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. Whereupon the Mayor declared said Resolution passed and adopted.
RESOLUTION 2002-16
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SPRINGFIELD, NEBRASKA, as follows:
WHEREAS, Nebraska Statute 13-506 provides that Notice of Budget Hearing be published in a newspaper of general circulation within the governing jurisdiction; and
WHEREAS, this Hearing is held for the purpose of hearing support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed budget; and
NOW, THEREFORE BE IT RESOLVED the Governing Body of the City of Springfield, Nebraska, by a majority vote resolved that:
1. The Budget of the City of Springfield, Nebraska for the period of October 1, 2002 through September 30, 2003 be passed and adopted; and
2. An additional 1% increase of Restricted Funds be allowed.
Introduced and Passed ______________________.
Ayes _____
Nays _____
Abstain _____ Approved:
Absent _____
Mayor
SEAL
Attest:
City Clerk
Agenda Item 11. Council Member Nolte introduced Resolution No. 2002-17 and moved its adoption. Council Member Hayes seconded the motion. Upon roll call on the passage and adoption of said Resolution the following Council Members voted AYE: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. Whereupon the Mayor declared said Resolution passed and adopted.
RESOLUTION 2002-17
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SPRINGFIELD, NEBRASKA, as follows:
WHEREAS, Nebraska Revised Statute 77-1601.02 provides that the property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization unless the Governing Body of the City of Springfield passes by a majority vote a resolution or ordinance setting the tax request at a different amount; and
WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and
WHEREAS, it is in the best interest of the City of Springfield that the property tax request of the current year be a different amount than the property tax request for the prior year.
NOW, THEREFORE BE IT RESOLVED the Governing Body of the City of Springfield, Nebraska, by a majority vote resolved that:
1. The 2002-2003 property tax request be set at:
General Fund $136,059.00
Bond Fund $194,661.00
2. A copy of this resolution be certified and forwarded to the County Clerk prior to October 1, 2002.
Introduced and Passed ______________________.
Ayes _____
Nays _____
Abstain _____ Approved:
Absent _____
Mayor
SEAL
Attest:
City Clerk
Agenda Item 12. Council Gosch introduced Ordinance No. 571. Gosch moved that the statutory rule requiring reading on three different days be suspended. Councilman Nolte seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinance.
Said ordinance was then read by title and thereafter Councilman Gosch moved for final passage of the ordinance, which motion was seconded by Councilman Nolte. The Mayor then stated the question “Shall Ordinance No. 571 be passed and adopted?” Upon roll call vote, the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor in the presence of the Council signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance be published as provided therein. A true, correct and complete copy of said ordinances is as follows:
ORDINANCE NO. 571
AN ORDINANCE ADDING ARTICLE 3, SECTION 9 “ADMINISTRATIVE SUBDIVISION PLATS” TO THE SPRINGFIELD, NEBRASKA, SUBDIVISION REGULATIONS; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SPRINGFIELD, NEBRASKA
Section 1. Article 3, Section 9 “Administrative Subdivision Plats” of the Springfield, Nebraska, Subdivision Regulations is added and shall read as follows:
Section 9 Administrative Subdivision Plats: Lot Line Adjustments, Lot Consolidations, Lot Splits.
The purpose of this Section is to establish procedures that are designed to assure adequate review and consideration of subdivision applications, while providing for an orderly and expeditious approval process. The Section provides procedures for the approval of Administrative Subdivision Plats.
Section 9.01 Scope
The Administrative Subdivision procedure may be used to adjust an interior lot line, to create no more than two lots, or to combine two or more lots without replatting providing the following conditions are met:
1. In the case of an Administrative Lot Line Adjustment:
(a) The lots involved must be designated within the same zoning district and the proposed adjustment will not create or result in a violation of the zoning ordinance.
(b) The lots involved must be existing platted lots.
(c) The adjustment alters lot lines of no more than two lots without creating additional lots.
(d) Each lot created shall meet the minimum required size as indicated in the Springfield Zoning Regulations.
2. In the case of a Lot Consolidation or Lot Split:
(a) The lots involved must be designated within the same zoning district and the proposed platting or lot consolidation will not create or result in a violation of the zoning ordinance.
(b) The lots involved must be existing platted lots.
(c) The lots must be under unified ownership.
(d) The proposed platting creates no more than two lots.
3. A lot is limited to only one instance of an administrative adjustment, platting and/or consolidation.
4. The subdivision is served by existing utilities and does not require the extension of streets, utilities, or public improvements.
5. Each lot resulting from the subdivision procedure will conform fully to all requirements of the zoning district that pertain to the lots; and each lot is developable according to the site development regulations of the zoning ordinance.
Section 9.02 Application and Approval Procedure
An application for an Administrative Subdivision may be approved under the following procedure:
1. The applicant submits an application on a form established by the Planning Commission and including the supporting documents required for Administrative Subdivisions in Subsection 1a and 1b. These documents shall include a plat of all lots and parcels that are affected by the action, prepared by a Licensed Surveyor. The plat document shall also include existing public improvements that serve the site, and shall include a demonstration that required setbacks may be met.
1a. PLAT INFORMATION
· Name of subdivision.
· Name, address of owner and applicant.
· Name, signature, license number, certification, seal and address of engineer, land surveyor, architect, planner, and/or landscape architect, as applicable, involved in preparation of plat.
· Title block denoting type of application, legal description, and general location.
· Key map showing location with reference to surrounding property including lot numbers and addition names, streets, current street names, city limits, and other features within 200 feet of the subdivision boundary.
· Present and proposed zoning.
· North arrow, date, graphic scale, and identification system for all lots and blocks. Minimum scale of 1”=100 feet.
· Approval signature block for City Engineer, City Planning and Zoning Director and County Surveyor.
· Acknowledgement blocks for the Mayor. The Mayor’s signature shall be attested to by the City Clerk.
· A certification signed by the County Treasurer stating that there are no regular or special taxes due or delinquent against the platted land.
· A notarized certification signed and acknowledged by all parties having any titled interest in, or lien upon, the land to be subdivided.
· Appropriate certification blocks.
· Monumentation and identification system.
· Metes and bounds description, including dimensions, bearings, and curve data including tangent length, radii, arcs, and chords.
· Acreage of tract.
· Date of original and all revisions.
· Dimensioning of setbacks.
· Location, dimensions, and names of existing streets.
· All proposed lot lines, lot dimensions, bearings, and curve data including tangent length, radii, arcs, and chords, and lot areas in square feet.
· Existing easements or land reserved for or dedicated to public use.
1b. ENVIRONMENTAL INFORMATION
· All existing water courses, flood-plains, wetlands, habitat areas or other environmentally sensitive features within 200 feet.
3. Following submission, the City Planning and Zoning Director, in consultation with the City Planning Consultant and City Engineer, shall review each application according to the following criteria:
(a) Compliance with the conditions contained in Section 9.01and 9.02 above.
(b) Consistency with the Comprehensive Development Plan of the City of Springfield.
(c) Potential adverse environmental effects or effects on neighboring properties.
4. Following such review, the City Planning and Zoning Director may approve the Administrative Subdivision Plat. Such approval shall be denoted by signed certificate of approval which must be filed along with the plat with the Sarpy County Register of Deeds.
5. The City Planning and Zoning Director retains the right to disapprove or not act on the Administrative Subdivision Plat application. In the event of such action, the application may proceed through the Concurrent Plats/Small Tract Subdivision or Preliminary/Final platting process. If the subdivision complies with the conditions of a Concurrent Plats/Small Tract Subdivision application, it may be directed to that approval process. Otherwise, the proposed subdivision shall be deemed a major subdivision and proceed through the appropriate review and action process.
Disapproval of an Administrative Subdivision Plat application shall be based on the following guidelines:
(a) A new street or alley is needed or proposed.
(b) Vacations of streets, alleys, access control or easements are required or proposed.
(c) Such action will result in significant increases in service requirements, e.g., utilities, schools, traffic control, streets, etc., or will interfere with maintaining existing service levels, e.g., additional curb cuts, repaving, etc.
(d) There is less street right-of-way than required by Springfield Ordinance or the Comprehensive Plan unless such dedication can be made by separate instrument.
(e) All easement requirements have not been satisfied unless such dedication can be made by separate instrument.
(f) Such action taken during an administrative plat will result in a tract without direct access to a street.
(g) A substandard-sized lot or parcel will be created.
(h) The lot has been previously split in accordance with this Ordinance.
6. City Staff shall, in writing, either approve with or without conditions, or disapprove the Administrative Subdivision Plat within thirty (30) working days of application.
7. All appropriate fees must be paid prior to final approval of the Administrative Subdivision Plat.
8. Following approval of an Administrative Subdivision Plat, the subdivider must file the plat and certificate of approval with the Sarpy County Register of Deeds. If the approved plat is not filed within 90 days, such approval shall be null and void.
9. Three mylar reproducible copies and five paper copies of the Administrative Subdivision Plat shall be filed with the City at time of issuance. An electronic copy in compliance with the Sarpy County Surveyor requirements, shall be furnished to the Sarpy County Surveyor.
10. The City Planning Clerk shall keep a complete and accurate record of all administrative subdivision approvals.
Section 9.03 Certification and Dedication Statements
SURVEYOR’S CERTIFICATION:
I, _________________, hereby certify that I am a professional land surveyor, registered in compliance with the laws of the State of Nebraska, and that this plat correctly represents a survey conducted by me or under my direct supervision on ______________, and is accurate to the best of my knowledge. All distances shown are recorded in feet and decimals of a foot, and all property corners are monumented as shown on the plat.
Signature License Number (SEAL)
Address
OWNER’S CERTIFICATION:
I/We the undersigned (names)_____________________ owner(s) of the land described within the surveyor’s certificate and embraced within this plat, have caused said land to be subdivided into lots to be named and numbered as shown, said subdivision to be hereafter known as “__________”, and we do hereby ratify and approve of the disposition of our property as shown o this plat.
(Name)
Address
ACKNOWLEDGEMENT OF NOTARY
State of Nebraska )
)
County of Sarpy )
On this ____ day of ______, 20___, before me the undersigned notary public in and for said county, personally came (name of owner)_______ personally known by me to be the identical persons whose names appear on the dedication on this plat and they did acknowledge the execution thereof to be their voluntary act and deed.
Date:___________________
Notary Public
SPRINGFIELD CITY PLANNING AND ZONING DIRECTOR APPROVAL
This plat of “_____________” was approved by the Springfield City Planning and Zoning Director this __________ day of ____________ 20_.
Springfield City Planning and Zoning Director
SPRINGFIELD CITY ENGINEER APPROVAL
This plat of “________________” was approved by the Springfield City Engineer this _____ day of _____20___.
Springfield City Engineer
ACKNOWLEDGEMENT OF CITY OF SPRINGFIELD
This administrative plat is hereby acknowledged by the City of Springfield this _________ day of ___________, 20____.
Attested:
Mayor City Clerk
(SEAL)
SARPY COUNTY TREASURER’S CERTIFICATE
This is to certify that there are no taxes due or delinquent against the property described within the surveyor’s certificate or embraced within this plat as shown by the records of this office.
Date:_____________ (SEAL)
Sarpy County Treasurer
REVIEW OF SARPY COUNTY SURVEYOR
I have reviewed this Plat of “________________” on this ______ day of ___________, 200__.
Sarpy County Surveyor (SEAL)
Section 2. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Section 3. That any other ordinance or section passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with its provisions is hereby repealed.
Passed and approved this 17th day of September, 2002.
____________________
Mayor
(SEAL)
Attest:
___________________________
City Administrator/Clerk
Agenda Item 13. Council Gosch introduced Ordinance No. 572. Gosch moved that the statutory rule requiring reading on three different days be suspended. Councilman Nolte seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinance.
Said ordinance was then read by title and thereafter Councilman Gosch moved for final passage of the ordinance, which motion was seconded by Councilman Nolte. The Mayor then stated the question “Shall Ordinance No. 572 be passed and adopted?” Upon roll call vote, the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor in the presence of the Council signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance be published as provided therein. A true, correct and complete copy of said ordinances is as follows:
ORDINANCE NO. 572
AN ORDINANCE AMENDING ARTICLE 7 “SUPPLEMENTARY REGULATIONS”, SECTION 7.15 “TOWNHOUSE AND TOWNHOUSE STRUCTURE” OF THE SPRINGFIELD, NEBRASKA ZONING REGULATIONS TO ALLOW FOR REGULATION OF TOWNHOUSES AND TOWNHOUSE STRUCTURES; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SPRINGFIELD, NEBRASKA
Section 1. Article 7 “Supplementary Regulations,” Section 7.15 “Townhouse and Townhouse Structure” of the Springfield, Nebraska Zoning Regulations is added and shall read as follows:
Section 7.15 Townhouse and Townhouse Structure
A. Permitted Land Use. A townhouse shall be restricted to residential use in which each unit shall be occupied by one family. Each unit shall be separated by vertical side walls extending from foundation through roof without openings, and shall have at least two exposed exterior walls.
No more than two townhouses may be attached in a single townhouse structure within an R50 District.
B. Site Development Regulations.
1. Minimum Site Area/“Foot Print” per Housing Unit (square feet)
In Conventional Development 3,000
In Planned Development 2,500
2. Minimum Lot Area (square feet)
In Conventional Development 4,000
In Planned Development 3,500
3. Minimum Lot Width (feet)
In Conventional Development 20
In Planned Development 20
4. Minimum Yards (feet)
Front Yard 25
Side Yard 10
Street Side Yard 15
Rear Yard 25
5. Maximum Height (feet) 35
6. Maximum Building Coverage 45%
7. Maximum Impervious Coverage 55%
C. Ownership and Maintenance of Common Open Space
Townhouses and condominiums shall provide for ownership and maintenance of common open space. Common open space within a development shall be owned, administered, and maintained by any of the following methods, either individually or in combination, and subject to approval by the City.
1. Offer of Dedication
The City of Springfield, Sarpy County, or the Natural Resources District shall have the first and last offer of dedication of undivided open space in the event said land is to be conveyed. Dedication shall take the form of a fee simple ownership. The City or other public agency may, but shall not be required to accept undivided open space provided: (1) such land is accessible to the residents of the city; (2) there is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance; and (3) the city agrees to and has access to maintain such lands. Alternatively, a public agency may accept an easement, subject to the above conditions.
2. Recorded Documents
The Development Concept shall be filed with the Sarpy County Register of Deeds within 90 days of approval by the Springfield City Council. The Development Concept shall include all proposed amenities such as a club house, tennis courts, swimming pool, etc.
3. Homeowners Association
The undivided open space and associated facilities may be held in common ownership by a homeowners’ association. The association shall be formed and operated under the following provisions:
a. The developer shall provide a description of the association, including its bylaws and methods for maintaining the open space.
b. The association shall be organized by the developer and shall be operated with financial assistance from the developer, before the sale of any lots within the development.
c. Membership in the association is automatic (mandatory) for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.
d. The association shall be responsible for maintenance of insurance and taxes on undivided open space, enforceable by liens placed by the county on the association. The association may place liens on the homes or house lots of its members who fail to pay their association dues in a timely manner. Such liens may require the imposition of penalty interest charges.
e. The members of the association shall share equitably the costs of maintaining and developing such undivided open space. Shares shall be defined within the association bylaws.
f. In the event of a proposed transfer, within the methods here permitted, of undivided open space land by the homeowners’ association, or of the assumption of maintenance of undivided open space land by a public agency, notice of such action shall be given to all property owners within the development.
g. The homeowners’ association may lease open space lands to any other qualified person, or corporation, for operation and maintenance of open space lands.
Section 2. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Section 3. That any other ordinance or section passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with its provisions is hereby repealed.
Passed and approved this 17th day of September, 2002.
____________________
Mayor
(SEAL)
Attest:
___________________________
City Administrator/Clerk
Agenda Item 14. Council Gosch introduced Ordinance No. 573. Gosch moved that the statutory rule requiring reading on three different days be suspended. Councilman Nolte seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinance.
Said ordinance was then read by title and thereafter Councilman Gosch moved for final passage of the ordinance, which motion was seconded by Councilman Nolte. The Mayor then stated the question “Shall Ordinance No. 573 be passed and adopted?” Upon roll call vote, the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor in the presence of the Council signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance be published as provided therein. A true, correct and complete copy of said ordinances is as follows:
ORDINANCE NO. 573
AN ORDINANCE AMENDING ARTICLE 2, SECTION 2.02 “DEFINITIONS” OF THE SPRINGFIELD, NEBRASKA ZONING REGULATIONS TO CLARIFY CONDOMINIUM AND TOWNHOUSE; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SPRINGFIELD, NEBRASKA
Section 1. Article 2, Section 2.02 “Definitions” of the Springfield, Nebraska Zoning Regulations is amended to read as follows:
Article 2, Section 2.02 Definitions
Condominium Shall be, as defined in the Nebraska State Statutes, Section 76-801 - 76-823, the Condominium Law. A condominium shall be a building containing two (2) or more dwelling units, which dwelling unites are separated by a party wall, and which dwelling unites are designed and intended to be separately owned in fee. An ownership regime whereby the title to each unit of occupancy is held in separate ownership, and the real estate on which the units are located is held in common ownership solely by the owners of the units, with each owner having an undivided interest in the common real estate. Condominiums may include residential, commercial, office, or industrial uses. Condominiums are subject to the Nebraska State Statutes, Section 76-801 through 76-823, the Condominium Law.
Dwelling, Townhouse or Townhome Shall mean one of a group or row of not less than three or more than twelve attached, single-family dwellings designed and built as a single structure facing upon a street or place, and in which the individual townhouses may or may not be owned separately. For the purpose of the side yard regulations, the structure containing the town or group of townhouses shall be considered as one building occupying a single lot. See Townhouse.
Townhouse A dwelling unit having a common wall with or abutting one or more adjacent dwelling units in a townhouse structure, with its own front and rear access to the outside, and neither above nor below any other dwelling unit. A townhouse may be owner-occupied.
Townhouse Ownership Ownership of a townhouse is allowed whereby the title of each unit of occupancy, and the real estate on which the unit resides, is held in separate ownership. The minimal ownership shall be the unit and footprint of property on which the unit occupies. The maximum ownership shall be the unit and an area of land which shall reflect the property if the common wall was extended to serve as a property line.
Townhouse Structure A building formed by at least two townhouses and not more than twelve contiguous townhouses with common or abutting walls. For the purpose of the side yard regulations, the structure containing a group of townhouses shall be considered as one building occupying a single lot.
Section 2. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Section 3. That any other ordinance or section passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with its provisions is hereby repealed.
Passed and approved this 17th day of September, 2002.
____________________
Mayor
(SEAL)
Attest:
___________________________
City Administrator/Clerk
Agenda Item 15. Council Gosch introduced Ordinance No. 574. Gosch moved that the statutory rule requiring reading on three different days be suspended. Councilman Nolte seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinance.
Said ordinance was then read by title and thereafter Councilman Gosch moved for final passage of the ordinance, which motion was seconded by Councilman Nolte. The Mayor then stated the question “Shall Ordinance No. 574 be passed and adopted?” Upon roll call vote, the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor in the presence of the Council signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance be published as provided therein. A true, correct and complete copy of said ordinances is as follows:
ORDINANCE NO. 574
AN ORDINANCE AMENDING ARTICLE 5 “ZONING DISTRICTS”, SECTION 5.09 “R30 - GENERAL FAMILY RESIDENTIAL DISTRICT”; SECTION 5.11 “BG - GENERAL BUSINESS DISTRICT”; SECTION 5.12 “BH - HIGHWAY BUSINESS DISTRICT”; SECTION 5.14 “I - INDUSTRIAL DISTRICT”; SECTION 5.15 “LI - LIGHT INDUSTRIAL DISTRICT”; SECTION 5.19 “DC - DOWNTOWN COMMERCIAL DISTRICT” OF THE SPRINGFIELD, NEBRASKA ZONING REGULATIONS TO ALLOW FOR CONDOMINIUMS; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SPRINGFIELD, NEBRASKA
Section 1. Article 5 “Zoning Districts”, of the Springfield, Nebraska, Zoning Regulations is amended to allow the following:
Condominiums shall be allowed as a permitted use under the following zoning designations
Section 5.09 R30 General Family Residential District
Section 5.11 BG General Business District
Section 5.12 BH Highway Business District
Section 5.14 I Industrial District
Section 5.15 LI Light Industrial District
Section 5.19 DC Downtown Commercial
Section 2. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Section 3. That any other ordinance or section passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with its provisions is hereby repealed.
Passed and approved this 17th day of September, 2002.
____________________
Mayor
(SEAL)
Attest:
___________________________
City Administrator/Clerk
Agenda Item 16. Council Gosch introduced Ordinance No. 575. Gosch moved that the statutory rule requiring reading on three different days be suspended. Councilman Nolte seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinance.
Said ordinance was then read by title and thereafter Councilman Gosch moved for final passage of the ordinance, which motion was seconded by Councilman Nolte. The Mayor then stated the question “Shall Ordinance No. 575 be passed and adopted?” Upon roll call vote, the following Council Members voted YEA: Gosch, Hayes, Buskirk, Nolte. The following voted NAY: None. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor in the presence of the Council signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance be published as provided therein. A true, correct and complete copy of said ordinances is as follows:
ORDINANCE NO. 575
AN ORDINANCE AMENDING ARTICLE 5 “ZONING DISTRICTS”, SECTION 5.08 “R50 - TWO-FAMILY RESIDENTIAL DISTRICT”; SECTION 5.09 “R30 - GENERAL FAMILY RESIDENTIAL DISTRICT” OF THE SPRINGFIELD, NEBRASKA, ZONING REGULATIONS TO ALLOW FOR TOWNHOUSES; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SPRINGFIELD, NEBRASKA
Section 1. Article 5 “Zoning Districts”, of the Springfield, Nebraska, Zoning Regulations is amended to allow the following:
Townhouses shall be allowed as a permitted use under the following zoning designations, but subject to supplemental regulations
Section 5.08 R50 Two-family Residential District
Section 5.09 R30 General Family Residential District
Section 2. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Section 3. That any other ordinance or section passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with its provisions is hereby repealed.
Passed and approved this 17th day of September, 2002.
____________________
Mayor
(SEAL)
Attest:
___________________________
City Administrator/Clerk
Agenda Item 17. Motion by Nolte, seconded by Hayes, to enter Executive Session to discuss litigation and negotiation. AYES: Gosch, Hayes, Buskirk, Nolte. NAYS: None. Entered at 8:40 o’clock PM. Session ended at 9:09 o’clock PM.
Agenda Item 18. There was not Executive Session Action.
Motion by Gosch, seconded by Nolte, to adjourn. AYES: Gosch, Hayes, Buskirk, Nolte. NAYS: None.
Meeting was adjourned at 9:10 o’clock PM.
ACKNOWLEDGMENT OF NOTICE OF MEETING
The undersigned members of the governing body of the City of Springfield, Nebraska hereby acknowledges receipt of advance notice of meeting and the agenda for such meeting held at 7:30 o’clock P.M. on September 17, 2002.
Dated this ____ day of September, 2002.
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