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Meeting Agenda
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1. Open Meeting
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2. Roll Call
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3. Items of Business
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3.A. Approve Planning Commission Minutes
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3.B. Public Hearing on Ordinance 2207 Home Occupation
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3.C. Consider Ordinance 2207 Adding Garage sale limitations to City Code
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3.D. Public Hearing on Ordinance 2208 Amending Temporary Signs
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3.E. Consider Ordinance 2208 Amending Temporary Signs
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3.F. Consider Pine Ridge 3rd Addition Preliminary Plat
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3.G. Consider Pine Ridge 3rd Addition Final Plat
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4. Officers' Reports
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5. Adjournment
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Agenda Item Details
Reload Your Meeting
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| Meeting: | June 24, 2024 at 7:00 PM - Planning Commission Meeting | |||
| Subject: |
1. Open Meeting
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Rationale:
In accordance with Nebraska law, a copy of the Open Meetings Act can be found in the back of the council chambers. Items listed on the agenda may be considered in any order. |
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| Subject: |
2. Roll Call
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Rationale:
Attendance of Planning Commission members will be recorded to determine the presence of a quorum for official actions. |
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| Subject: |
3. Items of Business
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Rationale:
The Planning Commission may take action to hear testimony in favor of or in opposition to, discuss/limit discussion and take action to approve or disapprove a recommendation to the City Council on any matter presented under this title. |
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| Subject: |
3.A. Approve Planning Commission Minutes
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Discussion:
Scott Kuncl motioned to approve the Planning Commission minutes seconded by Justin Kozisek.
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Action(s):
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| Subject: |
3.B. Public Hearing on Ordinance 2207 Home Occupation
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Discussion:
The Public Hearing opened at 7:01 p.m.
City Administrator Tom Ourada explained that this ordinance is to amend and for clarity on garage sales. City Attorney Anna Burge explained that she did research on what other communities do. Burge explained that Omaha and Kearney do have some restrictions on garage sales. Burge explained that changes under Section 1. Two definitions that are added on 11-211 are the following: Garage Sale. The occasional sale of a variety of personal goods from a residence. This definition shall include garage sales, yard sales, moving sales and any similar form of sale. Occasional Sale. In Section 2 is the Home Occupation Ordinance change. (3) Garage sales shall be allowed at residential homes, provided that the frequency of such sales at any one location shall not exceed one, lasting three days in length, during a continuous two-month period or four (4) sales during any twelve (12) month period. Items sold at the garage sale shall not include resale of new merchandise in quantities such that a reasonable person would assume the merchandise was purchased specifically for resale at the garage sale. Candace Hohlfeld asked if that was 4 garage sales total per year. Holfeld also asked about the regulations and who they would be enforced. Burge stated that with enforcement it is more observation. The City of Crete has an enforcement officer who would help to keep track of these. Burge explained that if that number is exceeded, then its stepping out of the limit and is turning in to a home occupation. Hohlfeld asked what happens when people have that fifth garage sale. City Administrator Tom Ourada explained that there are a number of things that could happen. There is local ordinance enforcement and then there is also taking them to county court. Then there are fines imposed by the courts. It could be per incident, per day, or whatever the city seeks through the prosecutor and the judge. That's a last resort. It is something that the City has had to use on several occasions in the last few months, not with garage sales but with other ordinance infractions. Ourada stated that garage sale is very loose description of what some of the complaints are. Planning Commission member Jennifer Robison asked if the City is receiving complaints. Ourada explained that they try to be reactive and not seek out issues. 7:29 p.m. Closed the Public Hearing |
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| Subject: |
3.C. Consider Ordinance 2207 Adding Garage sale limitations to City Code
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| Subject: |
3.D. Public Hearing on Ordinance 2208 Amending Temporary Signs
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Discussion:
Opened the Public Hearing on Ordinance 2208 Amending Temporary Signs at 7:31 p.m.
City Administrator Tom Ourada stated this has been contested for years. The most resent is from the Mayor. City Attorney Anna Burge looked at what other communities have done. Ourada stated that this would be billed for at least an hour minimum. Planning Commission member Jeff Wenz asked if the property was a rental who is responsible. Ourada stated that the landlord is responsible and there could be a lein on the property. Ourada explained that Campaign Signs are governed by State Federal Law. City Attorney Anna Burge explained that (5) All temporary signs advertising a garage sale may be place two (2) days prior to the start of the sale and must be picked up two (2) days after the sale is completed. Closed the public hearing at 7:38 p.m. |
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3.E. Consider Ordinance 2208 Amending Temporary Signs
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3.F. Consider Pine Ridge 3rd Addition Preliminary Plat
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Discussion:
John Zwingman and Tony Fitzgerald were present with the Preliminary and Final Plat for the Pine Ridge 3rd Addition and mentioned that since it was such a minor change, they are bringing both the preliminary and final plat.
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3.G. Consider Pine Ridge 3rd Addition Final Plat
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Action(s):
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4. Officers' Reports
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Rationale:
Reports may be given by Department Heads, other Committees and Commission members concerning current operations of the City. Questions may be asked and answered. No action can be taken by the Planning Commission on matters presented under this title except to answer any question posed and to refer the matter for further action. |
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Discussion:
Planning Commission Chairperson Dave Jurena stated that he was in City Administrator Tom Ourada's office talking about zoning and specifically urban ag zoning. City Administrator Tom Ourada stated that they have a draft and they are looking through it with Jay Ray with JEO and City Inspector Brad Bailey is also going through it. Ourada stated that there are lots of changes they would like to get done before it comes to the Planning Commission.
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| Subject: |
5. Adjournment
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Rationale:
The Planning Commission will review the above matters and take such actions as they deem appropriate. The Planning Commission may enter into closed session to discuss any matter on this agenda when it is determined by the Commission that it is clearly necessary for protection of the public interest or the prevention of needless injury to the reputation of an individual and if such and individual has not requested a public meeting, or as otherwise allowed by law. Any closed session shall be limited to the subject matter for which the closed session was called. If the motion to close passes, then the presiding officer immediately prior to the closed session shall restate on the record the limitation of the subject matter of the closed session. |
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