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Kearney, Nebraska

July 8, 2003

7:30 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on July 8, 2003, in the Council Chambers at City Hall.  Present were:  Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley.  Absent: Don Kearney.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present.  Some of the citizens present in the audience included: Tim Loewenstein, Darrin Lewis, Jerry O’Rourke, Kent Cordes, Rick Wise, Mitch Humphrey, Neal Lewis, Theresa Sievers, Rod Sievers, Mike Martinosky, Dan Bahensky, Larry Mason, Gloria Mason, Terry Gibbs, Matt Meister, Angie Johnston, Joe Rodriguez, Hilda Rodriguez, Dan Napoli, Jim Wilson, Richard Buck, Jolissa May, Don Bates, Valerie Nielsen, Lindsay Wilson, Robin Fisher, Dustin Pauly, Terry Wilson, Teresa Pauly, Roni Reed, Laurie Jameson, Trey Carpenter, Danielle Crosier, Rebekah Duarte, Mary Wolf, Zachery Grantmeier, Brenda Phillips Grantsinger, Dave Jenner from KGFW Radio, Mike Cahill from KKPR Radio, Amy Schweitzer from Kearney Hub.

 

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 Russ Sommerfeld of Holy Cross Lutheran Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

ORAL COMMUNICATIONS – DONATION BY RAY MELINE ESTATE

 

Attorney Dan Bahensky representing the Ray Meline Estate made a presentation to the Council. The personal representative, Doug Meline, who is a nephew of the decedent is from Iowa, and was unable to attend this Council meeting. Mr. Meline and his wife, Helen, lived a large portion of their lives west of Kearney and north of Cottonmill Lake. They had no children, but prior to their death they signed what is called “mirror image” wills that provided their estate to the surviving spouse. Ms. Meline passed away in August of 2002 and Mr. Meline passed away in February of 2003. Under the terms of the will, at the death of the last survivor, they made certain provisions for relatives and some specific devises to the City of Kearney. The wills state that $5,000 would be devised to the City of Kearney for improvements to the Nature Barn at Cottonmill Lake. Mr. Bahensky presented that $5,000 check to the City of Kearney for the Nature Barn.

 

In addition to this provision to the will, Mr. Meline also left the Kearney Volunteer Fire Department twenty percent of the residue of their estate and twenty percent to the Kearney Police Department. Mr. Bahensky stated that he is just about to the point of settling the estate and that twenty percent will represent a little over $50,000 to each department. There are also provisions in the will that even a larger portion of the estate is going to the Good Samaritan Hospital Foundation. Mr. and Mrs. Meline were very strong believers in giving where you live.  

 

Mayor Blankenship presented a plaque of appreciation to the Meline family for this generous gift to the Kearney Park and Recreation Department, the Kearney Volunteer Fire Department, and the Kearney Police Department.

 

ORAL COMMUNICATIONS – EMERGENCY MANAGEMENT DIRECTOR

 

Police Chief Dan Lynch introduced the new Emergency Management Director, Darrin Lewis, for Buffalo County and the City of Kearney.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

The next four public hearings were discussed together but voted on separately.

 

AMEND LAND USE MAP NORTHEAST OF 56TH STREET AND AVENUE E

 

Mayor Blankenship opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from "Urban Single Family Residential" to "Commercial" property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (northeast of 56th Street and Avenue E) and to consider Resolution No. 2003-92.  Planning Commission recommended approval.

 

The Applicant is requesting approval for a new subdivision in northeast Kearney to be known as Stoneridge Addition. Rezoning of a portion of the land area was approved by City Council on May 13, 2003 for apartments while the remaining 1.66 acres is on this agenda for rezoning. Two different zones will result if approved, one for multi-family development and one for light commercial. A Land Use Map amendment will be required. Also required is consideration of including the subdivision within the corporate boundary.

 

Land Use Map Amendment and Rezoning

The request is to rezone the 1.66-acre parcel on the northeast corner of the intersection of 56th Street and Avenue E extended to C-1. This rezoning request requires an amendment of the Land Use Map of the Kearney Comprehensive Development Plan from “Urban Single-Family Residential” to “Commercial.”  The property could be developed for offices or neighborhood commercial.  56th Street is an arterial street, the north leg of the inner beltway. Avenue E is a collector street and has been recognized as such in every comp plan since 1960.  Staff believes that C-0 zoning would provide a better buffer for future development along 56th Street. Neighbors and their representatives also spoke against C-1 but believed C-0 would be an acceptable alternative. (C-1 is commercial retail while C-0 is commercial non-retail or office type of zoning.)  The Developer agreed to reduce the zoning category to C-0.

 

The remaining property (11.12 acres) to be included in the subdivision was rezoned by the City Council to R-3/PD last month.

 

Subdivision Plat

The applicant is requesting approval of the Final Subdivision Plat for Stoneridge Addition. The Preliminary Plat was approved by the Planning Commission on June 20, 2003. This is a two-lot subdivision containing the 1.66 acre parcel slated for C-0 zoning and the 11.12 acre balance of the property is intended for apartment development. A Public Works Plan shall be developed to establish access points from the abutting streets. A Subdivision Agreement can be written to allow the project to go forward prior to the construction of Avenue E with the stipulation that the road will be built when the districts are created in the future.

 

Annexation

The proposed subdivision is located adjacent to the city limits and all municipal services are available. Therefore, if the rezoning and platting is approved, the property should be annexed into the corporate boundary of the City of Kearney.

 

Mitch Humphrey presented this matter to the Council. This tract is located at the intersection of Avenue E and 56th Street and the request is to rezone this tract to Commercial Non-Retail as opposed to the Commercial Retail initially requested.  After the Planning Commission and discussing with the neighborhood group, it seemed reasonable that the C-0 zoning would work for this site. If approved, this would be the first phase of the Stoneridge project that will encompass the entire quarter. They are not ready to formally present this project, but the southeast quarter will contain a lake, some residential lots, and a mixture of commercial and multi-family development.

 

Council Member Hadley asked if this project was going to be a “piece meal” approach since this is a request to rezone after it had just been before the Council for rezoning?

 

Mr. Humphrey responded that their intention is to present a preliminary plat that will encompass the balance of the quarter. At the present time, there is a condominium project started in that area. They will come forth and add to that project sometime in the near future. At that time, they will present a preliminary plat outlining the plan for the entire quarter. The zoning changes will be requested as they phase in the development and request final plat approval for those sections.

 

Council Member Buschkoetter said that looking at the notes from the Planning Commission; this zoning seems to make the neighborhood a little more comfortable and asked if that was correct? Mr. Humphrey stated that he believed that is true because of what this zoning would not allow as opposed to what would be allowed in that district. He also stated that the C-0 zoning would work for what Mr. Norwood wants to do with that corner.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from "Urban Single Family Residential" to "Commercial" property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (northeast of 56th Street and Avenue E) and approve Resolution No. 2003-92. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

RESOLUTION NO. 2003-92

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as being part of the Southwest Quarter of Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Beginning at the southwest corner of the Southeast Quarter of Section 24 and assuming the west line of the Southeast Quarter of said Section 24 as bearing N00º20’04”W and all bearings contained herein are relative thereto; thence N00º20’04”W and on the west line of the Southeast Quarter of said Section 24 a distance of 285.78 feet; thence N89º39’56”E a distance of 180.00 feet; thence S45º34’23”E a distance of 122.90 feet; thence S00º48’43”E a distance of 197.00 feet to a point on the south line of the Southeast Quarter of said Section 24; thence S89º11’17”W on the South line of the Southeast Quarter of said Section 24 a distance of 268.92 feet to the place of beginning, containing 1.66 acres, more or less, Buffalo County, Nebraska (northeast of 56th Street and Avenue E), from “Urban Single Family Residential” to “Commercial”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Urban Single Family Residential” to “Commercial” the use classification for the area described as being part of the Southwest Quarter of Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Beginning at the southwest corner of the Southeast Quarter of Section 24 and assuming the west line of the Southeast Quarter of said Section 24 as bearing N00º20’04”W and all bearings contained herein are relative thereto; thence N00º20’04”W and on the west line of the Southeast Quarter of said Section 24 a distance of 285.78 feet; thence N89º39’56”E a distance of 180.00 feet; thence S45º34’23”E a distance of 122.90 feet; thence S00º48’43”E a distance of 197.00 feet to a point on the south line of the Southeast Quarter of said Section 24; thence S89º11’17”W on the South line of the Southeast Quarter of said Section 24 a distance of 268.92 feet to the place of beginning, containing 1.66 acres, more or less, Buffalo County, Nebraska (northeast of 56th Street and Avenue E)

            PASSED AND APPROVED THIS 8TH DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING  – NORTHEAST OF 56TH STREET AND AVENUE E

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development, Inc. (Owner) to rezone from "District AG, Agricultural District" to "District C-1, Limited Commercial District" property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 1.66 acres, more or less, Buffalo County, Nebraska (northeast of 56th Street and Avenue E).  Planning Commission recommended amending and approved to rezone to “District C-0, Office District”.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Clouse to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development, Inc. (Owner) to rezone from "District AG, Agricultural District" to "District C-0, Office District" property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 1.66 acres, more or less, Buffalo County, Nebraska (northeast of 56th Street and Avenue E). Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

FINAL PLAT – STONERIDGE ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development, Inc. (Owner) for final plat approval for "STONERIDGE ADDITION" of a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.78 acres, more or less, Buffalo County, Nebraska (north of 56th Street for 755.28 feet and east of Avenue E for 710.08 feet) and to consider Resolution No. 2003-93.  Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development, Inc. (Owner) for final plat approval for "STONERIDGE ADDITION" of a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.78 acres, more or less, Buffalo County, Nebraska (north of 56th Street for 755.28 feet and east of Avenue E for 710.08 feet) and approve Resolution No. 2003-93.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.

 

RESOLUTION NO. 2003-93

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “STONERIDGE ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved 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 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 8TH DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

INCLUSION WITHIN CORPORATE LIMITS – STONERIDGE ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development, Inc. (Owner) for the inclusion of "STONERIDGE ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.78 acres, more or less, Buffalo County, Nebraska (north of 56th Street for 755.28 feet and east of Avenue E for 710.08 feet) and to consider Resolution No. 2003-94.  Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development, Inc. (Owner) for the inclusion of "STONERIDGE ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.78 acres, more or less, Buffalo County, Nebraska (north of 56th Street for 755.28 feet and east of Avenue E for 710.08 feet) and approve Resolution No. 2003-94.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

RESOLUTION NO. 2003-94

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development, Inc. (Owner)  for the inclusion of “STONERIDGE ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Beginning at the southwest corner of the Southeast Quarter of Section 24 and assuming the west line of the Southeast Quarter of said Section 24 as bearing N00º20’04”W and all bearings contained herein are relative thereto; thence N00º20’04”W and on the west line of the Southeast Quarter of said Section 24 a distance of 285.78 feet; thence N89º39’56”E a distance of 180.00 feet; thence S45º34’23”E a distance of 122.90 feet; thence S00º48’43”E a distance of 197.00 feet to a point on the south line of the Southeast Quarter of said Section 24; thence S89º11’17”W on the South line of the Southeast Quarter of said Section 24 a distance of 268.92 feet to the place of beginning, containing 1.66 acres, more or less, Buffalo County, Nebraska (north of 56th Street for 755.28 feet and east of Avenue E for 710.08 feet); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on June 20, 2003 on the inclusion of “STONERIDGE ADDITION” 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 “STONERIDGE ADDITION” 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 8, 2003 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 “STONERIDGE ADDITION” 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 “STONERIDGE ADDITION” 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 8TH DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 1800 EAST 26TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Dean Kindt (Applicant and Owner) to rezone from "District M-1, Limited Industrial District" to "District RM, Mobile Home Residential District" property described as part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (1800 East 26th Street).  Planning Commission recommended approval.

 

The applicant is pursuing approval of Rezoning for property located at 1800 East 26th Street north of Foote’s Convenience Plaza.  The property is zoned M-1 and contains a large house which the Owner would like to remodel.  The owner is seeking financing for the remodel work but the lending institutions will not loan money for a nonconforming use.  Therefore, the Owner desires a change in zone to a residential zone that will allow remodeling of the house and allow the Owner to refinance.

 

The property in question abuts Valley View Mobile Home Park.  Access to the site is by a 15-foot ingress-egress easement from Highway 30 north across Foote’s property to reach this tract.  Staff believes that RM zoning, Mobile Home Residential, is the best zoning category given the location.  This zoning district will allow the Owner to perform the desired work on the single-family home and would also allow future residential development for additional single-family homes or as a mobile home park.  If more than the one existing residence is desired in the future the land must be subdivided and the access must be upgraded.  The applicant indicated that he has no intentions of adding additional houses at this time.

 

Angie Johnston, 11 LaVista Drive, was present to answer any questions from the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Dean Kindt (Applicant and Owner) to rezone from "District M-1, Limited Industrial District" to "District RM, Mobile Home Residential District" property described as part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (1800 East 26th Street).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

REZONING – 1835 AVENUE G AND THREE VACANT LOTS TO THE EAST

 

Mayor Blankenship opened the public hearing on the Application submitted by Joe M. and Hilda B. Rodriguez (Applicant and Owner) to rezone from "District M-2, General Industrial District" to "District R-2, Urban Residential Mixed-Density District" property described as Lots 986, 987, 988, 1000, and 1001, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1835 Avenue G and three vacant lots to the east). Planning Commission recommended approval.

 

The applicant is pursuing approval of Rezoning for property located at 1835 Avenue G.  The property is zoned M-2 but developed as a residence.  The applicant desires R-2 zoning which is prevalent in the area to the south of this lot.  A nearby neighbor at 1832 Avenue G rezoned property to R-2 at the last monthly meeting of the Planning Commission.

 

The Owner is interested in rezoning this parcel because residential is a nonconforming use in M-1 zoning and he would like the ability to build an addition on the house and to insure the house as a conforming use by way of the new zoning district.  Nonconforming uses cannot be expanded or enlarged.  In addition, the house could not be rebuilt if it were damaged by a natural disaster.

 

Joe Rodriguez, 1835 Avenue G, was present to answer any questions from the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Clouse to close the hearing and approve the Application submitted by Joe M. and Hilda B. Rodriguez (Applicant and Owner) to rezone from "District M-2, General Industrial District" to "District R-2, Urban Residential Mixed-Density District" property described as Lots 986, 987, 988, 1000, and 1001, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1835 Avenue G and three vacant lots to the east).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

REZONING – WEST OF 2ND AVENUE BETWEEN 27TH STREET AND 28TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitchell Humphrey (Applicant) for Timothy Norwood, President of Camron, Inc. (Owner) to rezone from "District R-2, Urban Residential Mixed-Density District" to "District UC, Mixed Use Urban Corridor District" property described as Lots 2, 10, 11, and 12 of Block 42, Perkins & Harfords Addition to the City of Kearney, Buffalo County, Nebraska (west of 2nd Avenue between 27th Street and 28th Street).  Planning Commission recommended approval.

 

The applicant is pursuing approval of Rezoning for property located on the west side of 2nd Avenue between 27th Street and 28th Street. The majority of the property is zoned R-2 but one lot is zoned UC, Urban Corridor.  The applicant desires UC zoning for the remainder of the lots.

 

Urban Corridor zoning is a mixed-use zoning category that features office and light retail uses.  UC seems appropriate at this location given the City’s past policy of restricting major retailing and encouraging office uses in this section of the 2nd Avenue corridor.  A new development at this location will remove the aging residential structures and replace them with new commercial buildings.  The project will provide a new buffer between 2nd Avenue and the residential zoning to the west.

 

Mitch Humphrey presented this matter to the Council.  He stated the rezoning of the area is requested for these five lots owned by Camron Inc. 

 

Mayor Blankenship clarified that this rezoning would be compatible with the other offices that are in the area.

 

Director of Public Works Rod Wiederspan stated that in the urban corridor area, there are businesses that are compatible with residential structures. There are some buffer requirements between the commercial projects and the residences.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Mitchell Humphrey (Applicant) for Timothy Norwood, President of Camron, Inc. (Owner) to rezone from "District R-2, Urban Residential Mixed-Density District" to "District UC, Mixed Use Urban Corridor District" property described as Lots 2, 10, 11, and 12 of Block 42, Perkins & Harfords Addition to the City of Kearney, Buffalo County, Nebraska (west of 2nd Avenue between 27th Street and 28th Street).  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.

 

DEVELOPMENT PLAN APPROVAL – PAINTBALL PARK; 1112 AVAENUE M

 

Mayor Blankenship opened the public hearing on the Application submitted by Ed and Mary Poorman (Applicant and Owner) for Planned District Development Plan Approval for the construction of a paintball park on property zoned "District C-3, General Commercial/Planned Development Overlay District" and described as Lot 3, Frederick’s Addition to the City of Kearney, Buffalo County, Nebraska (1112 Avenue M) and to consider Resolution No. 2003-95. Planning Commission recommended approval. Administration recommends approval subject to the requirement that deciduous street trees shall be planted at 50 feet on center along both street frontages for the entire length of the property, and a row of trees shall be added to screen the facility from the residences to the west.

 

The applicant is pursuing approval of Development Plans for an outdoor enclosed facility designed for paintball games. The proposed site is directly south of the Warped Sportz/Apex Printing building at 11th Street and Avenue M.  The property is zoned C-3/PD. This project is temporary in nature, although no one knows for certain how long it will operate at this location. The Owner is working with City of Kearney Parks and Recreation Department to develop a paintball park on city-owned property next to Meadowlark Golf Course. Due to budget constraints the funding and scheduling for a city paintball facility is difficult to pinpoint.  In the meantime, the Owner of Warped Sportz is pursuing approval of this project to give the area youth an organized and supervised facility to play paintball games.

 

The facility consists of an area approximately 150 foot x 300 foot that is enclosed with twenty-foot tall poles with netting to stop the paintball projectiles. The 30-foot wide enclosed strip on the west side is a staging area for the players to get geared up. The players will keep the paintball weapons in bags until they enter the staging area. They can then prepare their equipment; get dressed in their paintball outfits, etc. The paintball facility is shifted as far to the east as possible to gain separation from existing residential housing to the west. A row of poplar trees is proposed along the west property line to provide a screening element for the residents.  Additional street trees are required along the street frontages at 50 feet on center.  The public sidewalk has been waived until further development.  Parking needs will be covered by the existing parking lot at Warped Sportz/Apex printing. If parking becomes a problem in the future the City Council can require additional parking to be constructed.  Representatives from Warped Sportz met with the Neighborhood Association to present their plans and the meeting went well. The applicants are working with the Kearney Police Department to insure it is legal to discharge the paintball guns within the facility but not communitywide.

 

Dan Napoli, 1924 9th Avenue, presented this matter to the Council. He was speaking on behalf of Ed and Mary Poorman. Mr. Napoli stated that he was not clear about the fact that they must have trees lining the street and asked if that was necessary. They were willing to comply with whatever the recommendation is.  However, since this is somewhat a temporary facility, and they have mid-range plans to sell this property in front of their facility, the buyer of the land may have to remove those trees in the near future. 

 

Director of Public Works Rod Wiederspan stated that they require all developments to have trees basically fifty feet on center along all the streets. Concerning future sales of the property; he believed the new owners could work around the trees since they grow fairly slowly and they could be replanted. His thought was that the trees certainly would be an improvement to the property and to the buyer’s advantage.  He commented that the trees are as far away from the neighbor on the west as possible because of the noise factor.

 

Director of Public Works stated the parking was another factor. Since this is a temporary facility, the parking that is in place for Warped Sportz is more than ample and is not being used to full potential at the present time.  If there are parking problems, he wanted to leave it to the Council to be able to call in some additional parking in the future. 

 

Mr. Napoli stated that they would comply with this parking stipulation.

 

Mayor Blankenship asked for clarification of the hours and to insure there would be no lights on the field.

 

Mr. Napoli stated that on the weekends the hours of operation would be 11:00 a.m. to 6:00 p.m. He stated there would not be any lights or nighttime activity.  Adequate restrooms would be available at Warped Sportz whenever the paintball facility is in operation.

 

Mr. Napoli explained that the bunkers are made of a vinyl type material and are self-propelled with a fan inside them and they will be taken inside the Warped Sportz building at night. As paintball fields have developed, these bunkers have been made so they can be easily set up and torn down. The area will not be accessible when not in operation. 

 

There will be “marshals” or “judges” on the field during times of participation.  There will be four or five people supervising play as it happens and also a supervising instructor on duty. This person will orientate the participants with proper equipment and procedures. 

 

There will be a particular mesh netting that will surround the field to protect spectators. This netting is manufactured specifically for paintball, which has a dual purpose. It is sheer enough for viewing, but creates enough of a block so that paintballs cannot penetrate it. This specific netting is tested and rated by insurance companies.

 

City Manger Allen Johnson stated that if the Council does approve this, that the present City Ordinance would have to be modified to allow the discharge of the paintball markers in the City. The stipulation would be that these markers could only be used in facilities like this one and could not be discharged on the streets. He recommended that this stipulation be included in the resolution.

 

Don Bates, 1119 Avenue K, voiced his concerns to the Council.  He lives just west of the proposed area. He stated that some Poplar trees have been put in, but they are 15 feet apart and staggered and then another row was planted the same. His concern is that Poplar trees grow straight up and he didn’t believe that there are enough planted. They requested 80 trees on the west and only 41 were planted. He is not opposed to the arena, but he does not want to get paint on his building. He also voiced a concern about the noise that this will create. 

 

Director of Public Works Rod Wiederspan stated that the Planning Commission discussed Poplar trees, but they did not put a number on them. He stated that Mr. Bates had called and suggested 80 trees as an adequate number. 

 

Mr. Napoli stated that he recalled from the original Planning Commission that standard spacing is 50 feet apart. The neighborhood group expressed concern because they were using Poplar trees, which do grow more vertically. The concession was to have them planted 15 feet apart rather than 50 feet and to stagger them to take up more space (actually making them 7½ feet apart).  Mr. Napoli stated he was not aware of any request for 80 trees and believed they were making an attempt to work with the neighborhood.

 

Mr. Bates stated that when they approved the Warped Sportz building, they had the understanding from the statement that the architect made that they would not have a paintball arena outside that building. He stated that he had not heard anything contrary to that plan until now.

 

Council Member Buschkoetter stated that he understood that was the original plan.  Warped Sportz has been helping the City come up with a plan to put together a paintball park. He believed that the architect made his statement in good faith at that time.

 

Mayor Blankenship stated that basically the trees are 7½ feet apart as they are staggered. This is closer than the 50 feet, which is required of others commercial property in town.  The number of trees seems adequate to him.

 

Director of Public Works stated that Poplar trees are relatively short lived, but they grow fast. Typically, Administration recommends that Ponderosa Pines or Blue Spruce be used for screening because they have a little longer life span. The planning staff made a suggestion that they continue their tree planning on their main facility to the south and after the Poplars grow quickly and start dying off, they would have the established trees to match their facility.

 

Council Member Buschkoetter stated that since this area is temporary, maybe they do not want, need, or desire trees that are going to last 20 years. He has Poplar trees being used as a screen in his backyard and has been very happy with them.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Ed and Mary Poorman (Applicant and Owner) for Planned District Development Plan Approval for the construction of a paintball park on property zoned "District C-3, General Commercial/Planned Development Overlay District" and described as Lot 3, Frederick’s Addition to the City of Kearney, Buffalo County, Nebraska (1112 Avenue M) and approve Resolution No. 2003-95 subject to (1) the requirement that deciduous street trees shall be planted at 50 feet on center along both street frontages for the entire length of the property, and a row of trees shall be added to screen the facility from the residences to the west; and (2) if additional parking becomes necessary in the future, the Council shall require the additional parking to be constructed.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

RESOLUTION NO. 2003-95

 

            WHEREAS, Ed and Mary Poorman (Applicant and Owner) has applied for Development Plan Approval for the construction of a paintball park on property zoned “District C-3, General Commercial/Planned Development Overlay District” and described as Lot 3, Frederick’s Addition to the City of Kearney, Buffalo County, Nebraska (1112 Avenue M).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Ed and Mary Poorman (Applicant and Owner) for Development Plan Approval for the construction of a paintball park on property zoned “District C-3, General Commercial/Planned Development Overlay District” and described as Lot 3, Frederick’s Addition to the City of Kearney, Buffalo County, Nebraska (1112 Avenue M) be approved subject to (1) the requirement that deciduous street trees shall be planted at 50 feet on center along both street frontages for the entire length of the property, and a row of trees shall be added to screen the facility from the residences to the west; and (2) if additional parking becomes necessary in the future, the Council shall require the additional parking to be constructed.

PASSED AND APPROVED THE 8TH DAY OF JULY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 1104, 1107, 1111, 1115, 1201 EAST 26TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Jean N. Kneese, Alan and Nancy Kemp, Fredrick and Sara Blevins, John and Mary Brammer, Darrell and Elizabeth Sivits (Applicants and Owners) to rezone from "District M-1, Limited Industrial District" to "District R-3, Urban Residential Multi-Family District (Medium Density) District" property described as the East Half of Lot 76 and all of Lots 77, 94, 95, 96, 97, Keens Park Addition to the City of Kearney, Buffalo County, Nebraska (1104, 1107, 1111, 1115, 1201 East 26th Street). Planning Commission recommended approval.

 

The applicant is representing five property owners and requesting approval of Rezoning for their properties located on East 26th Street.  The properties are zoned M-1 but developed as residential.  The applicant desires R-3 zoning which is prevalent in the area to the north of these lots.

 

The Owners are interested in rezoning these parcels because residential is a nonconforming use in M-1 zoning and if they would like to build an addition on the house and build a new garage they could not.  Nonconforming uses cannot be expanded or enlarged.  In addition, the houses could not be rebuilt if they were damaged by a natural disaster.

 

Matt Meister, representing the applicants, was present to answer any questions from the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Jean N. Kneese, Alan and Nancy Kemp, Fredrick and Sara Blevins, John and Mary Brammer, Darrell and Elizabeth Sivits (Applicants and Owners) to rezone from "District M-1, Limited Industrial District" to "District R-3, Urban Residential Multi-Family District (Medium Density) District" property described as the East Half of Lot 76 and all of Lots 77, 94, 95, 96, 97, Keens Park Addition to the City of Kearney, Buffalo County, Nebraska (1104, 1107, 1111, 1115, 1201 East 26th Street).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

The next two hearings were discussed together but voted on separately.

 

FINAL PLAT – SIXTH STREET SECOND ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Mark Benjamin for Sixth Street Development, L.L.C. (Owner) for final plat approval for "SIXTH STREET SECOND ADDITION" of a tract of a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 10.30 acres, more or less, Buffalo County, Nebraska (located east of Avenue D on both sides of 6th Street, if extended) and to consider Resolution No. 2003-96.  Planning Commission recommended approval.

 

The Applicant is requesting approval for a subdivision in southeast Kearney to be known as Sixth Street 2nd Addition.  The property is zoned M-1 and contains approximately 10.30 acres.  A Preliminary Plat was approved for this property in 1995. Also required is consideration of including the subdivision within the corporate boundary.

 

Subdivision Plats

The applicant is requesting approval of the Final Subdivision Plat for Sixth Street 2nd Addition. The preliminary Plat was revised to reflect updated data and information for topography and utilities that has become available since the original platting in 1995 and presented to the Planning Commission June 20, 2003. The Final Plat is for eight lots on 10.30 acres. Staff has reviewed the application and offers the following comments:

 

a)       The west half of Avenue D was platted in 1995.  The east half of the street will now be platted and the street will be dedicated to the City.  The proposed street follows the alignment of a major trunkline storm sewer.  In addition, the north-south connection provided by the street is important given the distance of 1,650 feet from existing Central Avenue. The unplatted ground to the south, owned by Gangwish, will require access when it develops and indications are that Gangwish will be meeting with Planning Staff next week for a pre-application meeting.  Staff has agreed that the section of Avenue D extending south of 6th Street will not need to be installed until development to the south requires the connection. This exception will be stipulated in a Subdivision/Infrastructure Agreement.

b)       A Public Works Plan has been submitted.  Water, sewer and paving need to be extended to the east as shown on the Public Works Plan. Stormwater management is required as each lot develops. The storm drain pipe is overloaded at this location.

c)       Planning Commission recommended a deviation to the required side yard setback for the lot abutting Avenue D. Although the UDO requires a 25-foot setback, this lot was previously platted with a 15-foot side yard.  The 15-foot side yard is appropriate in this situation.

 

Annexation

The proposed subdivision is located adjacent to the city limits and all municipal services are available. Therefore, if the platting is approved, the property should be annexed into the corporate boundary of the City of Kearney

 

Mitch Humphrey presented this matter to the Council.  He stated that a preliminary plat was approved some years ago with the consideration that this project would be phased in. This is the next phase, which is known as Sixth Street Second Addition.  The west half of Avenue D was platted in 1999 with the platting of the initial phase.  After discussion with the owner and City staff, they came to the agreement that the north/south corridor or a local collector street was needed. They have modified the final plat to include this. A public works plan has been submitted. There is a need for a sanitary sewer in the southeast part of town. The City is working on that project. 

 

Mr. Humphrey requested a deviation from the UDO requirement of a 25-foot setback on the west side of Lot 4, which is proposed Block 2.  It is on the front of Avenue D which abuts against the initial phase of the Sixth Street Addition. That addition was passed with the old ordinances requiring a 15-foot setback line. They have requested this deviation to smoothly blend these together.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Mark Benjamin for Sixth Street Development, L.L.C. (Owner) for final plat approval for "SIXTH STREET SECOND ADDITION" of a tract of a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 10.30 acres, more or less, Buffalo County, Nebraska (located east of Avenue D on both sides of 6th Street, if extended) and approve Resolution No. 2003-96 subject to the execution of the Subdivision Agreement.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

RESOLUTION NO. 2003-96

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “SIXTH STREET SECOND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved 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 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 8TH DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

INCLUSION WITHIN CORPORATE LIMITS – SIXTH STREET SECOND ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Mark Benjamin for Sixth Street Development, L.L.C. (Owner) for the inclusion of "SIXTH STREET SECOND ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 10.30 acres, more or less, Buffalo County, Nebraska (located east of Avenue D on both sides of 6th Street, if extended) and to consider Resolution No. 2003-97.  Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Mark Benjamin for Sixth Street Development, L.L.C. (Owner) for the inclusion of "SIXTH STREET SECOND ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 10.30 acres, more or less, Buffalo County, Nebraska (located east of Avenue D on both sides of 6th Street, if extended) and approve Resolution No. 2003-97. Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.

 

RESOLUTION NO. 2003-97

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for Mark Benjamin for Sixth Street Development, L.L.C. (Owner) for the inclusion of “SIXTH STREET SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the southwest corner of the Southwest Quarter of the Northeast Quarter of Section 12 and assuming the west line of the Southwest Quarter of the Northeast Quarter as bearing N01º15’45”W and all bearings contained herein are relative thereto; thence N01º15’45”W and on the west line of the Southwest Quarter of the Northeast Quarter of said Section 12 a distance of 346.47 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the southeast corner of Sixth Street Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing N01º15’45”W on the west line of the Southwest Quarter of the Northeast Quarter and the east line of Sixth Street Addition (if extended northerly) a distance of 669.74 feet; thence N89º38’05”E a distance of 666.94 feet; thence S01º18’52”E a distance of 675.03 feet; thence N89º54’42”W a distance of 667.66 feet to the place of beginning, containing 10.30 acres, more or less, Buffalo County, Nebraska (located east of Avenue D on both sides of 6th Street, if extended); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on June 20, 2003 on the inclusion of “SIXTH STREET SECOND ADDITION” 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 “SIXTH STREET SECOND ADDITION” 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 8, 2003 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 “SIXTH STREET SECOND ADDITION” 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 “SIXTH STREET SECOND ADDITION” 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 8TH DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

The next two hearings were discussed together but voted on separately.

 

AMEND LAND USE MAP – 2001 AVENUE F

 

Mayor Blankenship opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from "Industrial" to "Commercial" property described as Lot 553, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 Avenue F) and to consider Resolution No. 2003-98. Planning Commission recommended approval.

 

The applicant is pursuing approval of Rezoning for property located at 2001 Avenue F.  The property is zoned M-1 but developed as a residence.  The applicant desires C-3 zoning.

 

The Owner is interested in rezoning this parcel because he is trying to sell the property and residential is a nonconforming use in M-1 zoning.  Nonconforming uses cannot be expanded or enlarged.  In addition, the house could not be rebuilt if it were damaged by a natural disaster.  The change in zone to C-3 requires an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Industrial” to “Commercial”.

 

Valerie Nielsen, 2001 Avenue F, was present to answer any questions from the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from "Industrial" to "Commercial" property described as Lot 553, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 Avenue F) and approve Resolution No. 2003-98. Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

RESOLUTION NO. 2003-98

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as Lot 553, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 Avenue F), from “Industrial” to “Commercial”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Industrial” to “Commercial” the use classification for the area described as Lot 553, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 Avenue F).

            PASSED AND APPROVED THIS 8TH DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 2001 AVENUE F

 

Mayor Blankenship opened the public hearing on the Application submitted by Randall E. and Valerie J. Nielsen (Applicant and Owner) to rezone from "District M-1, Limited Industrial District" to "District C-3, General Commercial District" property described as Lot 553, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 Avenue F). Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Clouse to close the hearing and approve the Application submitted by Randall E. and Valerie J. Nielsen (Applicant and Owner) to rezone from "District M-1, Limited Industrial District" to "District C-3, General Commercial District" property described as Lot 553, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 Avenue F).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

APPEAL – CONDITIONAL USE PERMIT TO PRESS ON MINISTRIES; NORTHEAST QUADRANT OF 13TH STREET AND AVENUE F

 

Mayor Blankenship opened the public hearing on the Appeal by Larry Mason on the decision by the Planning Commission to approve the Application submitted by Jim Wilson, President of Press On Ministries (Applicant) for Concrete Workers, Inc. (Owner) for a Conditional Use Permit to locate a club for a community youth center on property zoned "District R-1, Urban Residential Single-Family District (Low Density) and described as Lots 1642, 1643, 1644, 1645, 1646, and 1647, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (northeast quadrant of 13th Street and Avenue F). Planning Commission recommended approval of PC Resolution No. 2003-03 specifying that the permit be renewable in 2 years, that the hours of operation be between 2:00 p.m. through 9:00 p.m. daily, 7 days a week, for on-site activities with other office activities occurring outside that window of time.

 

This item was continued from the May 16, 2003 Planning Commission meeting to allow the applicant more time to address neighborhood concerns at the June meeting.  The applicant requested approval of a Conditional Use Permit (CUP) to locate and operate a Community Youth Center at the northeast corner of 13th Street and Avenue F.  The Unified Land Development Ordinance (UDO) categorizes this use as a “private club” and requires a CUP to provide for project review to insure that the proposed operation fits into the neighborhood.  The Planning Commission can take final action on a Conditional Use Permit, so it does not generally go to Council.  In this case, the neighborhood is opposed to the location of the proposed youth center.  The Planning Commission approved the Conditional Use Permit June 20, 2003, and the neighborhood has appealed their decision to City Council.

 

This project is located on six lots in a residential neighborhood.  The building will be a 30 x 76 foot modular home with a walk-out basement.  The applicant is working on changing the orientation of the walk-out to be less noticeable to the neighbors.  Another door has been added on the east side of the building to encourage the kids to enter from the east instead of the walk out.  Although large, the residential appearance of the structure is meant to fit in with the character of the neighborhood.  The building could be converted into a single-family residence or a church if need be in the future.  The neighbors think the building is too large to fit into the character of the neighborhood.  At two stories with the walk out basement exposed to the street and a relatively large off-street parking lot the neighbors are afraid that the building will be converted into apartments if the youth center fails.  Staff reminded them that multi-family use would require rezoning to a different zoning district and would constitute spot zoning if limited to this one parcel.

 

Nineteen off-street parking spaces are provided (code requires one per four person capacity).  A complete Landscape Plan is provided.  Sanitary sewer service will need to be extended from 13th Street to vacated 14th Street if the Owner decides to develop the lots to the north side of the modular.  Current plans are for those lots to be used for outdoor recreation activity.  The perimeter will be fenced.  The Owner has provided a letter stating that he will not petition out districts for sanitary sewer in the future.  Planning Staff recommends a two-year time period for this CUP after which time it will be renewable every two years.

 

The applicant has provided printed information concerning the project.  He has also provided some of the children’s comments.  He has met with representatives from the neighborhood to discuss the project further but the groups could not resolve their differences.  A good deal of the discussion at Planning Commission concerned the day to day operation of the facility.  Hours of operation, maximum number of people, number of volunteer staff, ratio of adult volunteers to the youth and other similar concerns were discussed.  In the Planning Commission motion hours of operation are specified and a two-year renewable time limit was placed on the permit.

 

The neighbors have appealed the Planning Commission’s motion.

 

Larry Mason, 1224 Avenue F, presented this appeal to the Council.  He stated that these are not his opinions alone and that he represents the people that live in his neighborhood. He does not voice the opinion of the Kearney Neighborhood Association. He is not opposed to the Kearney Youth Center. It is a very honorable undertaking, but believes there are locations better suited for this project.  He stated that they believe if the Conditional Use Permit is granted that it is “nothing less than spot zoning”.

 

He expressed the concerns of the neighborhood as follows:

 

1)       Will there be adequate supervision? Mr. Wilson stated at the Planning Commission that he could not guarantee that there would be adequate staff at the center at all times, and a lot of the time he is there alone. He referred to an earlier remark that one person could supervise a lunchroom of 100 kids, but he did not believe that this was a fair analogy at all. At the Center there are children in different rooms, doing different things, and playing outside. He believed that at least three people would be needed to supervise these areas. 

2)       The center was open approximately 1,200 hours and had 50 volunteers last year. If the average hours per volunteer was ten that was only 500 hours of volunteer help, which left a 700 hour deficit that Mr. Wilson had to fill.

3)       Mr. Mason sited an example of the time Mr. Wilson told about 40 children being at the center at one time. Mr. Wilson stated that he had to shut down the Center because he only had three volunteers there and it was too chaotic.

4)        Mr. Wilson has also stated that key staff was not available until 3:30 or 4:00 p.m.  Mr. Mason pointed out that the Planning Commission made a provision for the center to be open from 2:00 p.m. to 7:00 p.m. seven days a week.  This provision increases the number of hours that the center can operate with inadequate staffing. 

5)       Upkeep of the property was another concern. In the pamphlet that Mr. Wilson circulated at the Planning Commission, it states that they are challenged to meet their budget. The proposed building is five times the size it is now; utilities alone will be a big expense. Mr. Mason wanted to know if they have people to maintain the property.

6)       Ownership of the property is unknown. According to the Planning Commission agenda, Mr. Wilson is making the application for the Conditional Use Permit for Concrete Workers. Who will own the property? Is it a lease agreement? Who will own the building? 

7)       They are concerned about the appearance in the neighborhood. How will the structure fit with the neighborhood? He presented a picture of a structure that he believed is similar to the building being proposed. The structure Mr. Wilson has proposed is 75 feet long and 30 feet wide. Their understanding is that the basement floor is going to be one foot above curb level. They do not believe that this will fit with the appearance of the neighborhood. He stated that they presented this picture to the Planning Commission, but he believed that it was not even taken into consideration.

8)       They do not believe that this building fits with the UDO Codes that were set by the Council as part of a traditional neighborhood. He quoted from the UDO, “the size of the structure shall be scaled to the area and appearance to fit the neighborhood.” He stated there is not one 4,500 square foot building in their neighborhood at the present time.

9)       Another concern is the nuisance problems that can arise in an R-1 area with a large influx of youth, which he did not believe are within the criteria of the UDO.

10)   The neighborhood is concerned about what will happen if this venture fails.  They wanted to know what could be done with this huge structure.  They believe that it would be a real eyesore. He is aware that on numerous occasions Mr. Wilson has expressed his doubts as to the success of this youth center.

11)   Name calling.  He stated that the neighbors have been referred to as “stupid”, “ignorant people”, and “mental child abusers”. Mr. Mason assured everyone that they are none of those things. They are concerned people that want what’s best for their neighborhood.

 

They requested that the City Council give some serious thought to this matter.  They have been told the goal of the City officials is the best interest of the community.  Their request was for the Council to consider what they have to say.

 

Mr. Mason and his wife recently went around their neighborhood as they were reminding people that they would appreciate their support at this meeting. Mr. Mason reported that one of the homeowners in the immediate neighborhood made this statement, “I’m still against this. I received a threatening phone call that if I pursued this any further, that bad things would start happening to my property”.   He stated that he hoped this was not characteristic of the attitude and values presently being taught at the center. 

 

He made the statement that they want Mr. Wilson to be aware that the people that live in this neighborhood do not welcome and are not comfortable with this proposal. 

 

Mayor Blankenship stated that he wanted to make a statement regarding the names that Mr. Mason alleged that they have been called. He wanted to clarify that this name-calling did not come from anyone on the City staff or the City Council. Mr. Mason verified that was correct.

 

Director of Public Works Rod Wiederspan addressed the comment about the height of the foundation as defined in the new UDO. The height of the foundation would come with the building permit as far as what is allowed. A foot above curb level can be allowed in certain parts of town. If you bring in enough dirt around the foundation, it could be allowed. One portion of this proposed structure would have a walk out basement on one side so dirt will only be needed on three sides that would be mounded around the foundation. 

 

Jim Wilson, 1507 9th Avenue, stated that they do not own the property yet, but have a preliminary agreement that is being finalized at the attorney’s office. They will own the property and the building. The Center is a 501(c)3, which is like a church in nature and can accept charitable donations and gifts and issue receipts.  They also have a board of directors.

 

Mr. Wilson stated that there are many times when he is the only person supervising at the Center. The number of children varies and does not always warrant having a set number of staff there. He does not have a set schedule for times volunteers will be there. There are several volunteers that have committed to help in the future. This is a new venture and they have more volunteers then they have ever had and anticipate having even more. There has been no trouble in the past four years and some neighbors will attest to that fact.   

 

Richard Buck, 603 West 14th Street, stated he is a volunteer at the center.  If he is not needed, Mr. Wilson will tell him to go home and spend time with his family. At times there will only be five or six kids watching a movie, so only one person is needed. There are times when he has been called to go to the center because they could use an extra hand.  He is willing to go there and help at those times. He knows Mr. Wilson has people that he can call. 

 

Mr. Wilson stated that it is difficult to pinpoint peak times because it varies.  During the school year, the average attendance after school was 25 per day. The highest number of kids that he had at once was 40. He believed that it was at that point that he was not going to be in control so he shut down and told everyone to go home. He did not wait until it was out of control to shut down. He sited examples of after school attendance: between 3:15 and 5:00 p.m. approximately 2-12 kids, 5:00 p.m. is the peak time. At that time, maybe 10-15 kids are across the street playing football, basketball, etc. There might be as many as 10-15 inside at that same time.  Currently, the volunteers he has start coming at 3:15 so that they have supervision in the back room for kids who want to do homework. They are never left unsupervised in the back room. He can see the others across the street and there are kids who help kids cross the street.

 

Saturdays vary especially depending on if there is a dance at the YMCA. Average attendance during the whole day last year on Saturdays was 27. Peak hours on a Saturday (if there are no other events in town) would be about 10-20 kids in the late afternoon. Currently, the Center is open 3:00 p.m. – 6:00 p.m. Monday through Thursday. However on Wednesday, they close at 5:30 p.m. because of Bible Study.  During the school year, they also close at 5:30 p.m. on Tuesdays because of Bible Study. On Saturdays they are open 3:00 p.m. to 9:00 p.m. 

 

Average daily summer attendance is low about seven per day.  That is when they do a lot of camping and activities. They have had irregular hours during the summer.

 

Council Member Hadley asked if the concern is where the center is being built or whether it would be a concern wherever it would be built.  He asked if there are concerns for this particular location that would not be a concern if a different location were chosen.

 

Rebekah Duarte, 1612 Central Avenue, stated that her daughter is a regular at the center. Last year the minute she was out of school she went to the youth center.  Ms. Duarte appreciated the fact that he daughter had somewhere to go and knew that she was in good hands. She would stay until they closed and always had her homework done when she came home. Her daughter liked the fact that there were people there to help her with her homework. She stated that she never worries while her daughter is at the center because she is away from problems and trouble.

 

Council Member Clouse asked if Mr. Wilson had a plan to try to mend the relationship with the neighbors if this youth center gets approved. Mr. Wilson responded that there is no plan other than what he has always done. He invites anyone to come to the center and see what is going on. He has always been very open about this. He recently had a young couple that lives north of the new property come over and talked with him. After looking around, they are possibly interested in being a volunteer. 

 

Mary Wolf, 2922 Avenue K, stated she has been on the board of directors for the center from the beginning. They originally met around a card table in a church. Mr. Wilson was hesitant to go forward with this project, but was encouraged to do so. She stated that it is very difficult for Mr. Wilson and her to be in conflict with these neighbors. She stated that she knows that Mr. Wilson cares very much about these kids, but also cares about this neighborhood as well. They want to work things out with these people and are willing to do what is necessary. 

 

She has worked 15 years at Richard Young Hospital. She currently works the night shift at the Girl’s Residential Unit. She worked 13 of those years with children and adolescence on the day shift. She has helped many years on the Wednesday night Bible Study and has never had any problems. From her experience kids will be kids.   There are parents who cannot control their own kids because they make their own choices. Our job is to support and encourage them to make positive choices.  Addressing the supervision concern, she said she has committed to volunteer there on Thursday from 3:00 to 6:00 p.m. Due to her full-time night work and other activities that is as much time as her schedules allows. 

 

She stated that their hearts would be that the neighborhood would embrace this youth center. They do not want to be in conflict with the neighbors. She presented a prayer and a plea on behalf of the children of this youth center.

 

Laurie Jameson, 1518 Avenue F, stated that she is one of the neighbors that Mr. Mason was talking about earlier. There has been a lot of rancor in the papers regarding this. She stated that she believes that the program is a good one. They just do not want it across the street from their homes. Most have worked very hard for their homes. Finally, they are not the part of town where nobody wants to live. It is a safe part of town and she clarified that these kids would not make it an unsafe place. 

 

She said that in looking at the plan, this is a large building that will take a large amount of work and will attract a large number of kids. It will take planning to supervise and keep these kids under control. She runs small group activities where she works. The age span she works with is 18 months through 13 years old and it is tough. It is tough finding crafts for all to do and refereeing to make sure someone is not getting into mischief. This is routine stuff that kids do. 

 

Speaking for the neighborhood, they do not think the youth center is a bad idea.  They just think that it is a “bad spot” to put it. If it had more planning, then maybe the neighborhood could help more. At this point, they are feeling very distressed about it. 

 

Roni Reed, 1518 Avenue F, stated that she also thinks that it is a good idea. She stated that she lives next to a house where there are kids coming and going. She has seen the center bus picking up these kids and they are unsupervised. She stated that they have stolen her lights outside, egged her house, and chopped down her flowers.  She said Mr. Wilson stated that he could see the kids across the street, which he can because it is an empty lot next to the church. He cannot know what they are doing when not in sight. She made the point that they don’t know what these kids are going to be doing and don’t want added kids in the neighborhood. They have enough problems with the kids that live there. She questioned why they need a bigger building since the number of kids that attend the youth center now is so small.

 

Mayor Blankenship commented on the concern about potential vandalism. He stated that the purpose of such a center is to try to prevent such things. The purpose is to provide an outlet for these kids and give them something to do. He was not saying that vandalism is going to go away. If that worked, there would be centers all over town.  

 

Gloria Mason, 1224 Avenue F, stated that she walked the petition around and talked with the homeowners in the area. The basic consensus of the people that signed the petition was the fact that the center is a wonderful idea but not in this location.

 

She said they moved to this neighborhood in the R-1 zone because it was a single family dwelling area. It is not like the center was there and then they made a decision to live in this neighborhood. They have established their home and now all of a sudden this is going to come in on them. That is the part which is distressing to them because they have worked very hard on their home. 

 

They have looked around the area and understand Mr. Wilson’s burden for southeast Kearney. At the Planning Commission meeting, there was talk about busing kids in from Pleasanton and picking up kids in all areas of Kearney. She concluded there is a need throughout the community for such a youth center. She questioned why it is not being put in a centrally located place so all of the children can have access. She suggested that if it needs to be in southeast Kearney, there is property just to the north of Hammer Park that she believed would be ideal. There is a lot by the Head Start daycare, although she understands that he doesn’t want to go across 11th Street. The children from Prairie View will have to cross 11th Street anyway. She suggested that people picking up children at Head Start could drop off others at the center. She said there is a lot of property around, other then the center of a single-family dwelling neighborhood. There are lots of kids in their neighborhood, and they love the kids who live there. Personally, they have never had any problems with any children in their neighborhood. 

 

She stated that they would be happy to help Mr. Wilson find another location. She also voiced a concern about if this youth center fails, what becomes of this large building? Can it become garden apartments?

 

Director of Public Works replied that it would become a use permitted in R-1 such as a church. They could not put apartments in that building because of the zoning unless it went through the Planning Commission and Council process to be rezoned.

 

Mayor Blankenship and Council Member Buschkoetter both stated that they would not consider rezoning that area to allow for apartments in that structure. Council member Buschkoetter pointed out that what is being requested is allowable under the zoning ordinance, but allowing it to be rezoned for apartments would certainly be “spot zoning”. He stated that one of the things that he is deliberating is the nature of this property; is it more commercial or is it more like a church? Is it more Jim Wilson trying to make a buck or is it more ministry? Mr. Wilson could put a cross on top of it and call it a church and he wouldn’t even have to go to the Planning Commission to locate it in this area. 

 

Council Member Clouse referred to the matrix of things listed in the UDO that a Conditional Use Permit would allow such as a limited daycare, limited group home, and a whole list of other items. He stated that something could go in there that is permissible without coming back to the Planning Commission.

 

Council Member Hadley asked for explanation of the Conditional Use Permit in an R-1 zone. Director of Public Works explained that with the UDO there are several uses that are permitted in an R-1 zone. A single family, a church, and a number of permitted uses. There are others that are only permitted with a Conditional Use Permit. A permit is needed if there are issues with hours of operation, screening needed, and traffic control for pick up and drop off, etc. The Conditional Use Permit provides the opportunity for a public hearing where the neighborhood can try to work out some of those issues. The Conditional Use Permit has a timeline and if it becomes a problem in the neighborhood than as a Council or a Planning Commission that permit can be recalled. It can either be revoked or worked out with the applicant and the neighborhood to try to work out the issues so that it can continue.  

 

Council Member Hadley asked what kind of zoning would have permitted this youth center without requiring a permit or rezoning. Director of Public Works replied that typically the zoning would need to be a C-0 or C-1 commercial type application. The impact to the neighborhood would be a consideration such as traffic, noise, etc. 

 

Mrs. Mason commented that her perception of a youth group is different than an actual church setting.  Churches have designated nights for youth groups and other more structured activities throughout the week.

 

Lyndsey Wilson, 1507 9th Avenue, stated that the kids that go to the Center respect Mr. Wilson. They know his rules and their limits there. It has been her experience that if something is going on the kids will tell Mr. Wilson. Most kids who go there want it to work and don’t want other kids to get away with stuff. The kids want a bigger place and they will be responsible for it. She agreed with Mayor Blankenship that the center is there to teach values and prevent things like vandalism. Kids also know that if something bad happens that they cannot come back there for a certain length of time. She also has taken calls from kids asking if they can help Mr. Wilson do projects in the neighborhood. So she knows they are willing to help. She believes that they could provide help in the neighborhood under Mr. Wilson’s supervision.

 

Robin Fisher, 1906 Avenue E, attested that the children do go out and do good work. One of their projects was going around with flags on Flag Day to raise money for the center.  She believed that if you work for something than you’re not apt to tear it up. There are other programs that the center has done for parents. There is a child/parenting class, a support group for parents, and other things that they offer. It is not just for children but helpful for everybody. She suggested that people take the time to stop and see what they have to offer.

 

Jerry O’Rourke, 1507 Central Avenue, stated after the recent windstorm that Mr. Wilson and some kids from the center moved some trees away from one of his houses. He had not asked anyone to do this so he had to find out on his own who had done it so that he could thank them. He talked to some of the neighbors and they said that the kids worked hard and were happy to be doing something constructive. 

 

He stated that he stands with his family in total support of the Press On Ministries and the youth center. Mr. Wilson has given a commitment to the community, to the Lord, and to the individuals that he serves. His family has given up many things like time and perhaps better things in life for the center. Mr. Wilson has chosen to lead this youth center. 

 

Mr. O’Rourke continued to state that he believes the location Mr. Wilson has chosen is perfect for the majority of the people that will be best served by the youth center. These kids live right in this vicinity and can be best served there. There are no boundaries or economic barriers eliminating anyone from being served by this youth center. Mr. Wilson has opened his heart to everybody who wants to come.  The main goal is to service all young persons without regard to race, creed, or gender. There are other programs that also serve the adult population and will be developed more extensively in the new building. He believed that it would be great to convert the people opposed to this project and make them part of it as mentors, teachers, and volunteers. Many people that are in opposition have many God given gifts that they could share with the youth that are coming to the youth center. 

 

Mr. O’Rourke attested to the integrity of Jim Wilson, which he has seen on many occasions, and why he chose to speak on his behalf. During the final phases of the Planning Commission, Mr. O’Rourke stated that he had investigated the legal aspects of this youth center. He found that if Mr. Wilson called this a church/ ministry that there would be no need to come before the Council. Mr. O’Rourke asked Mr. Wilson why he did not call it a church. Mr. Wilson’s response was that “he did not want to deceive any of these people that are opposing me. I want it to work. I want it to be a success on the merits of what we are going to do.”

 

Trey Carpenter, 1716 1st Avenue, stated that the people that have been thinking only about the bad things that could happen in that area should think about all the good things that could come out of the youth center. He said that he would encourage others to help at the center and help in the community. These are the things that Mr. Wilson teaches them. In answer to a question, Trey said that he does feel safe when he is at the youth center. 

 

Dustin Pauly, 1311 Avenue E, stated that he has gone to the youth center since it first started. When he first started going there he was in trouble with the law. Since he has continued to go to the center for many years, Mr. Wilson has been like a father figure to him. Dustin stated that he has been willing to help anytime he was needed. Mr. Wilson taught him about God and it has been a great experience. He happened to stop by there one time just to see what the center was like. He stated that since that time, he has not been in any major trouble. Dustin even went to a Bible Camp a few weeks ago to help out. 

 

Dustin believes that the center needs to remain in this area because many of the kids in the area know Mr. Wilson and have been helped by him. Although Dustin now has to work and does not get to go to the center except on Wednesday nights, his younger sister and brother are also going there for the Wednesday night Bible Study. They do not want to miss it because they really want to be there. He also explained that the present center is very crowded to do all the actives that they like to do. Dustin stated that Mr. Wilson changed his life and put him on the right path. 

 

Danielle Crosier, 1202 11th Avenue, wanted to address the issue of vandalism. She has volunteered at the youth center several times and has seen Mr. Wilson teach the kids to help others in the community. The kids help because they want to please Mr. Wilson not because they get paid for it. He teaches respect and personal growth. She helps the kids with drama and programs and they definitely need a bigger facility because there is just not enough room in the present location. She believes that Mr. Wilson is implanting a deep sense of community in these kids, a sense of themselves, and how they want to be treated and how they want to treat others. She believes that can only help the area that they live in. There is already vandalism there, but Mr. Wilson offers a place for them to go to do something constructive.

 

Mr. Mason stated that there is no end to the character witnesses for Mr. Wilson. He said he is not questioning his integrity, or the sincerity, or the effectiveness of his ministry. He again reiterated that he wanted the Council to take a look at the concerns of the neighborhood and listen to what they have to say. He added that he agrees that this is not a commercial venture, but creates a commercial atmosphere in this residential area.

 

Zachary Grantmeier, 1015 Avenue E, stated that since he has been going to the center he has learned to get along with his brother. He said that although he knew about God before going to the center, he has learned more about Bible versus and has been camping with Mr. Wilson at the campsite. He believes that more kids like him would use the center if there were more space.

 

Council Member Clouse asked Mr. Wilson if he had done some kind of demographic study to see where all the kids come from that use the center to determine the “right location”.

 

Mr. Wilson responded that this is the best location because it is six blocks to Prairie View Apartments, six blocks to Avenue M, six blocks to the railroad tracks, and approximately seven blocks to Central Avenue. The lot was chosen because it has a hump in it and building a split-level is cheaper than building on the flat. The plan is the youth center will be in the basement and the upper level will be offices, classrooms and a meeting room. The kids will not be on two different levels, which was also part of the plan of a split level. Mr. Wilson stated that he has looked at a lot of property around the area. He admitted that he had not looked into the ground that Mrs. Mason referred to north of Hammer Park, but he did not consider it because it is not centrally located for the kids. The reason for the central location is accessibility for the kids. 

 

Mr. Wilson stated he does not address things like the concern about maintaining the property and being a good neighbor with a formal plan. He believes that how he has operated in the past should be the example of how he will perform in the future.  When people talk about supervision of kids, he suggested talking to the neighbors, about the issue of ruining the grass, disrespectful kids, or traffic with the kids, he suggested talking to the church across the street because the center has been there for four years. 

 

Mr. Wilson said he left his job when he got the calling from the Lord and trusted the Lord to provide money for his family to be able to eat. He has the same philosophy with the center. He has a plan on paper because he has to in order to receive grants. When an application does not work, all he does is change the numbers so they do work. He has faith that the Lord will take care of things, which He has done in the past. He has had zero money, although people have chosen to support them. Now they have a corporation and a youth center which is four years old. This is not a trial run of something new. He believes that concerns about budgets and donations are nothing new for a non-profit organization.

 

Council Member Clouse stated that he believed a legitimate concern is expansion without a plan in place. Most people would not expand on faith. He believed that what Mr. Wilson described was a little unusual in light of what most people are used to dealing with in an expansion process. 

 

Council Member Clouse commented that he believes there are a couple of issues; 1) Mr. Wilson has to control the kids, and it sounds like the kids will cooperate, but since they change all of the time, he will have to continually work on it; 2) There needs to be a plan as to what will happen in the neighborhood if this center fails.  He believes there is a lot of work to be done on both sides with the neighborhood, as well as with the kids.

 

Mr. Wilson stated he has spoken with some of the neighbors in that neighborhood and not everyone is against this youth center.  

 

Terri Wilson, 1507 9th Avenue, addressed the issue of getting along with the neighbors. She believes that they have tried to get along with the neighbors and to get along with the people at the meetings. She was not sure if those people are willing to meet them half way. If they are allowed to build on this site, they will do what they can to help the neighbors. At the last Planning Commission meeting someone talked about graffiti on her garage. Their group thought about what they would do if they were in the neighborhood about this graffiti. The answer was that they would take the kids from the center and paint her garage. She believes that they have to win favor with people, win their respect and their trust, but that will take some time. They have to meet them half way; they are not able to do it all. 

 

Mrs. Wilson stated that it is going to be a big building, but they will maintain the yard and have landscaping and make the youth center look attractive in the neighborhood. She invited those who have concerns to come to the youth center and see what they do and maybe they will have a change of heart. 

 

Brenda Phillips Grantsinger, 1015 Avenue E, stated she lives only three blocks from where they propose to build the youth center. Currently, her children have to cross 11th Street and Central Avenue to get to the youth center, which she does not allow them to do, so they are not able to go often as they would like. By having the youth center on 13th Street and Avenue F, they would only have to cross 11th Street, which she knows is busy and getting worse since the Arch and Brown Transfer have been there. She has visited the youth center on several occasions and things have always been calm and supervised. She is in complete agreement with what Mr. Wilson wants to do. She has talked to many people since the plan of the new youth center who want to volunteer. She believes that the more people that know about it, the more support it will generate. She believes that the hours are reasonable. Her children cannot attend activities at the YMCA because as a single mother she cannot provide transportation across town. This would be something in their area.

 

She stated that Mr. Wilson is a positive role model for the area and this type of center is needed. Her opinion was the people from the Neighborhood Association were very closed-minded at the meeting regarding what Mr. Wilson had to say.

 

Teresa Pauley, 1311 Avenue E, stated that she is in favor of Mr. Wilson and the youth center. She addressed the issues brought up about bringing more children into the neighborhood and vandalism. She stated that she lives in that neighborhood and the kids are already there. Her car and home have been broken into and so she believes there is a need for something that could change what is going on with the youth. The center could teach the kids she is having trouble with morals, how to respect people, and introduce them to God. Dustin Pauley, who spoke earlier, is her son and attested to how it has changed his life and all of their lives. The only other thing in their area is a park, but that is unsupervised. The youth center gives them a structured environment where they enjoy going. 

 

Mayor Blankenship asked about the fund raising activities and if all the money needed has been raised? Mr. Wilson replied that it has not. There are many unknowns since they have not done this before, but agreed that six months to a year was a reasonable amount of time to raise the money.

 

Council Member Clouse stated that both sides have valid arguments and they need to look at both sides and find a way to work together. He believed that it comes down to a couple of issues. He stated that he was leaning in the direction of what they have the right to do as is stated in the UDO, but he was doing that with some hesitation.

 

Council Member Buschkoetter stated that he had three thoughts about this situation.   Mr. & Mrs. Mason and the rest of the neighborhood are completely within their rights to be concerned about what is going on in their neighborhood because their homes are the most expensive things they will ever purchase. There are many quality issues of life involved. He believed they were right to appeal and bring it to the elected officials where the “buck stops here”. In looking at what the Council has to decide, brings up the other two things. First, is the question of whether Mr. Wilson and his program have been a good neighbor and will they be a good neighbor? 

 

Council Member Buschkoetter stated that he walked the present neighborhood one day and just looked around. He looked for signs of graffiti and asked questions of the Police Department if they have had any problems in this area, which they have not had. He actually sat down with a homeowner, whose front porch is cater-corner from the present youth center. This was before the Planning Commission and the man said that he didn’t want to see the youth center move. He said they have been very good neighbors. The man said the kids are respectful and even stop by to visit on their way. This would indicate that the kids from the center have been good neighbors. The testimonial and some of the information from current and future neighbors have been positive.  His belief is that he has been and will continue to be a good neighbor. 

 

The other issue is does it belong in an R-1 zone? He stated that if it were a daycare or a church, there would be no discussion. He said that he would have to argue that what Mr. Wilson is doing is a merger of the two. He is providing ministry in somewhat of a daycare setting. This may not be the way Mr. Wilson views what he is doing or may not want it to look that way. Council Member Buschkoetter stated that to a great extent he thinks that it does fit in R-1. His thought is that it will benefit that neighborhood. 

 

Council member Buschkoetter also stated that in a perfect world maybe they could find a better location. The reasons that this is a good location are the availability of land at a reasonable price and its proximity to the people that Mr. Wilson is trying to reach. He thinks that it does fit where it is going, but also thinks Mr. and Mrs. Mason has a right to be concerned. His best guess is that it will work and the ministry will be good neighbors.

 

Council Member Hadley stated that this is not a question of whether or not we need Press on Ministries. He did not believe that the question is if they do not go into this location, that they will not have a center. The issue is the UDO does provide for a Conditional Use Permit allowing for a private club. The question remains does the permit protect the R-1 nature of the neighborhood? The question in his mind was, “is this what we would want to have in any R-1 neighborhood?”  He assured both sides that he understands their concerns. He viewed the situation as not if the ministry is appropriate, but where it is appropriate to be located.

 

Mayor Blankenship stated that he has struggled with these issues. He agrees that it is a good project, which is needed. The key is to balance what is truly needed for all youth in our community into a neighborhood setting and to make that work. He stated that he would support this project and believes that it is a good one for the whole city of Kearney. He hopes that the Masons and the opposing neighbors will understand why he is making this decision. His hope is between the time this project is built that this neighborhood, who has been very good about improving their neighborhood, making it a better place to live, work, and raise children, will get together with Jim Wilson and his people and make this work for the benefit of everybody. He stated that there was not a question in his mind that it can work.  True, it is going to be a bigger building that what is in the neighborhood now. It is also going to be providing an important service for the people in that area. There are going to be some challenges, but it absolutely can work. It is not his hope that it can work, but in true Kearney fashion, he knows that it will if they allow it to work.

 

Council Member Hadley asked what the recourse would be (under the Conditional Use Permit) after the center is in operation if it is not being used appropriately? Director of Public Works responded that this Conditional Use Permit is for a two-year period effective the day after this Council meeting. In the course of that time, if there are problems, they can be brought back to be addressed. If the center were to become disruptive to the neighborhood, there is the opportunity for them to bring it back to the Council to try to work out any problems.

 

Mayor Blankenship stated there have been three public hearings and everyone has been allowed to have their say. He believes that this is a project that is needed and has been proven successful. If it can expand and continue to serve kids in southeast, southwest, northeast, northwest Kearney, then they need to have that opportunity.  If it is proven in two years from now that this was a wrong decision, then he will be the first to admit it and the process in place will be followed. 

 

Moved by Blankenship seconded by Clouse to close the hearing, deny the appeal filed by Larry Mason, and approve the decision by the Planning Commission granting a Conditional Use Permit to Jim Wilson, President of Press On Ministries and Concrete Workers, Inc. to locate a club for a community youth on property zoned "District R-1, Urban Residential Single-Family District (Low Density) and described as Lots 1642, 1643, 1644, 1645, 1646, and 1647, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (northeast quadrant of 13th Street and Avenue F). Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Buschkoetter that Subsections 1 through 7 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.

 

1.         Approve Minutes of Special Meeting Held June 24, 2003 and the Minutes of the Regular Meeting held June 24, 2003.

 

2.         Approve the following claims:  Ace Hardware $128.31 Various; Ace Irrigation $21.10 Serv; Advantage Conference $400.00 Reg; AFLAC $1,655.68 Various; All American Laundry Equipment $455.00 Rep; Allied Electronics $212.74 Various; Alltel $1,524.78 Various; Amazon.Com $67.68 Bks; Amer Legion Emblem $298.35 Su; American Electric $822.16 Various; Anderson & Outdoor Power $114.39 Various; Anderson Bros $417.32 Rep; Anixter $1,443.46 Equip; Applied Concepts $217.69 Rep; ARCH Express $22.00 Tr; Aspen Pub $240.33 Su; Austin Hdw Raytown $67.80 Su; Auto Glass $282.51 Inv; Auto Trim Design  $1,770.00 Rep; B&B Auto Glass $481.38 Su; Baker & Taylor $2,004.76 Bks; BBC Audiobooks America $57.00 Bks; Beacon Ballfields $287.00 Su; Ben Meadows $257.14 Su; Bennett, T $1,262.25 Serv; Blessing $30,416.11 Serv; Blevins, D $172.80 Serv; Bobs Super Store $53.96 Various; Boersma, C $18.44 Cla; Books on Tape $745.52 Bks; Bosselman Energy $11,620.54 Inv; Bowman, R $34.88 Pc; Buck Enterprises $900.00 Adv; Buffalo Co Reg. Of Deeds $21.00 Adv; Buffalo Co Court $147.64 Ded; Buffalo Co District Court $129.00 Ded; Buggy Bath $13.00 Rep; Builders How-to-Warehouse $979.37 Various; Bureau of ATF $250.00 Renewal; Canada Life Assurance $2,276.20 Ded; Carrothers Construction $68,614.00 Serv; CDW $739.57 Various; Central Hydraulic System $1,417.03 Inv; Central NE Bobcat $213.57 Inv; Central States Wire Products $1,548.00 Su; CHAD $4.00 Ded; Chamberlain Group $33.66 Rep; Charter Communications $43.55 Serv; Chicken Coop $35.16 Su; City of Ky $116,384.88 Various; City of Lawrence, KS $395.00 Trn; Clifford of Vermont $415.20 Inv; Cntrl States Indst Supply $643.88 Inv; College Savings Plan $245.00 Ded; Computer Hardware $149.75 Inv; Computer Pro's $62.06 Su; Computer Warehouse #4 $17.97 Su; Concepts Machining $75.00 Rep; Conseco Life Insurance $38.00 Ded; Construction Rental $133.11 Various; Cook, J $280.37 Tr; Copycat Printing $465.31 Su; Corp Diversified Services $120,049.57 Various; Cottonmill Ent $100.00 Serv; Creative Teacher $14.56 Su; Crossroads Ford $20.09 Inv; Crystal Clean Carpet $113.00 Rep; Culligan $179.50 Various; Dannehl's Feed and Seed $18.80 Su; Davis Institute $17.00 Inv; Dawson Co PPD $1,334.92 Serv; Dell Marketing $697.00 Equip; DH Pace  $49.00 Su; Diamond Vogel Paints $38.81 Inv; Dobberstein Roofing $3,798.90 Serv; Don's Pioneer Uniforms $56.75 Cla; Double M Farms $2,000.00 Composting; Dowling, J $15.86 Tr; DPC $3,831.26 Su; Dugan Business Forms $391.50 Su; Dutton-Lainson $149.32 Inv; E&S Tools $500.00 Tools; Eakes  $2,625.77 Various; Earl May $309.83 Su; EDM Equipment $202.72 Su; E-Filliate $32.66 Su; Elliott Equipment $2,054.46 Su; Elliott, R $62.10 Tr; F&S Supply $792.65 Various; Fairbanks Int'l $2,319.89 Various; Farm Plan $228.93 Rep; Farmers Union $502.86 Su; Fastenal $160.62 Inv; Fiddelke $307.74 Su; Fleet Pride $160.34 Rep; Forest House $55.80 Bks; Fox Bros. Hay $1,275.00 Grinding; Fremont Nat'l Bank $33,156.03 Ded; Frontier $714.71 Serv; Galeton Gloves $962.30 Various; Galls $304.05 Inv; Gangwish Turf $21.60 Su; Gary's I-80 $30.00 Su; Gen Traffic Controls $648.46 Rep; Gordon's Small Engine Repair $121.68 Various; Graham Tire $524.90 Various; Grainger $373.75 Rep; Grand Central IGA $11.59 Various; Gries, M $20.01 Ref; Guest Communications $1,860.91 Serv; H&H Distributors $1,299.40 Su; Heartland Sandblasting  $75.00 Rep; Heggemeyer, L $47.45 Cla; Hohnholt, C $45.00 Reim; Holiday Inn Omaha Central $184.04 Tr; Holiday Inns West $186.78 Tr; Holmes Plbg $1,402.60 Su; Hometown Leasing $206.00 Capital Imp; Hyatt Hotels Columbus $520.86 Tr; ICMA RC $2,478.51 Pnsn; IMLA $535.00 Dues; IRS $88,070.56 Taxes; Interstate Structures $93,561.00 Serv; Invensys Metering Systems $78.22 Inv; ISCO $175.50 Su; ISDN $14.95 Serv; J&A Traffic Products $4,217.50 Su; Jack Lederman Co. $83.54 Containers; JAMAR Tech $60.18 Inv; James Publishing $75.94 Su; Johnson, A $205.48 Tr; Junkman's Recycling $12.00 Su; K&K Parts $290.36 Inv; Ky Area Solid Waste Agency $58,128.83 Tipping Fees; Ky Area United Way $563.58 Ded; Ky Dawn Rotary $32.95 Bks; Ky Glass $218.77 Rep; Ky Implement $7,620.82 Various; Ky Whse $1,379.23 Various; Ky Winlectric $95.74 Rep; Ky Yamaha $253.57 Various; Kelley, M $74.61 Tr; Killion Motors $21.84 Inv; Kinkaid Nursery $45.32 Su; Klaus, M $785.53 Tr; Koen Book $32.19 Bks; Koetters, J $601.15 Tr; Kyocera Wireless $60.00 Rep; L&W Tires $1,173.46 Inv; L.T. Brokerage $633.10 Recycling; Lampes Air Filter Sales $605.70 Various; Laser Art Design $37.00 Su; Lawson Products $120.04 Various; Lincoln Tent $527.50 Rep; Linweld $153.88 Various; Lisa's Instant Print $79.75 Su; Luth, K $2.73 Ref; M.A.S.A. $1,224.60 Su; M.S.I. $39,834.67 Equip; Mach III Enterprises $120.00 Su; Machines & Media $706.50 Su; Magic Cleaning $600.00 Serv; Mail Express $14.58 Pstg; Martinosky, M $50.00 Reim; Marv Kohler Ent $100.00 Serv; Maryland Screenprinters $443.35 Su; May, J $117.10 Tr; McCarty, D $8.75 Tr; McLaughlin, S $200.00 Ins; Michael Todd & Co $435.93 Equip; Michel, T $16.00 Ref; Mid-America Pump $75.57 Rep; Mid-Continent Safety $385.31 Inv; Midlands Contracting $121,364.91 Serv; Midwest Radar $630.00 Equip; Midwest Turf $345.00 Rep; Milco Environmental $2,637.68 Serv; Miller Signs $393.55 Various; Miracle Recreation Equipment $529.06 Su; Mirova, G $2.29 Ref; Mitchell 1 $1,138.85 Bks; MOCIC $165.00 Trn; Mosbarger, B $200.00 Ins; Mr. Automotive $2,026.43 Various; MSC Ind Supply $81.78 Inv; Municipal Emergency Services $17,593.73 Su; Municipal Supply $34.83 Inv; Murphy Tractor $576.43 Rep; NAPA $711.53 Inv; Nat'l Paper Supply $74.14 Su; Nat'l Waterworks $6,267.40 Various; NE Child Support $978.18 Ded; NE Water Env Assoc $160.00 Trn; NE Library Comm. $1,660.00 Bks; NE Dept of Revenue $57,499.96 Various; NE Machinery $1,351.32 Inv; NE Peterbilt Ford $122.84 Inv; NE Rubber Innovations $6,281.10 Tire Disposal; NE Truck Center $17.97 Inv; NE Wine & Spirits $30.66 Su; NEland Distributors $1,450.65 Su; Nevada APA $265.00 Trn; Newman Signs $17.46 Inv; Nogg Chemical $1,001.28 Inv; Norm's Plbg $1,533.92 Su; North Central Lab $376.11 Su; Northwestern Energy $3,734.92 Serv; Novus Windshield Repair $35.00 Su; NPZA $578.50 Trn; NSA POAN $130.00 Trn; Office Max $724.29 Various; Officenet $504.13 Various; O'Keefe Elevator $359.60 Rep; O'Reilly $90.46 Inv; Orscheln Farm & Home $607.60 Various; Paramount Linen & Uniform $22.05 Su; Parker Engineering $233.50 Rep; Parts Inc $36.09 Su; Payne, J $83.68 Pstg; Pet Kingdom $14.32 Inv; Platte Valley Comm $314.84 Serv; Platte Valley State Bank $50.00 Savings Bond; Precision $110.95 Inv; Preferred Mail $116.40 Pstg; Prescott, J $129.60 Tr; Pueblo Chemical $5,189.39 Rep; Quality Cleaners $13.25 Su; Quick N Easy $29.43 Tr; Quinlan Publishing $170.75 Dues; Reams Sprinkler $417.00 Su; Recorded Books $39.20 Bks; Red Roof Inns $54.99 Tr; Regional Books $16.30 Bks; Reserve Account $8,000.00 Pstg; Respond First Aid System $40.00 Su; RoadBuilders Machinery $364,999.40 Equip; S&B Heating $2,563.00 Rep; Sahling Kenworth $1,452.58 Inv; School District #7 $996.80 Remittance; ShareItInfo.Com $14.95 Su; Sheldon, J $5.92 Ref; Sheraton New York $1,138.13 Tr; Sherwin Williams $265.25 Various; Shirt Shack $1,145.00 Su; Sign Center $985.00 Su; Smith, L $4.86 Ref; Sportime $169.29 Su; Sprint $103.70 Serv; Standard & Poors $268.00 Bks; State of NE DAS Comm $26.63 Serv; State of NE Dept of Agriculture $43.04 Reg; State of NE HHS Lab $2,094.00 Serv; Stevens, J $66.44 Ref; Sun Turf $270.15 Inv; Superior Signals $1,011.80 Inv; Swanson Corp $25.40 Trn; T&B Cleaning $1,100.00 Serv; Target $46.04 Various; Team Effort $591.88 Su; Texaco $10.00 Tr; Texas Refinery Corp $928.45 Su; Thompson, L $75.00 Rep; Tollefsen Elliott Lumber $318.91 Su; Tomark Sports $1,645.95 Su; Tool Doctor $88.50 Rep; Tractor Supply $533.82 Various; Triplett, A $13.00 Ref; U Save Foods $284.71 Various; UAP Pueblo $243.20 Various; Ultra-Chem $798.76 Su; Underground Const $1,250.00 Inv; UNICO Group $50.00 Prem; United Distillers $170.39 Su; United Seeds $237.00 Su; UPS $6.27 Pstg; Upstart $256.50 Su; USPS $42.99 Pstg; Van Diest Supply $2,757.05 Su; Venable, L $29.71 Ref; Video Services of America $513.67 Equip; Village Cleaners $125.00 Cla; Villager Courtyard $129.80 Su; Vnuk, F $32.41 Ref; Walgreens $12.85 Su; Wallen, B $29.75 Ref; Walmart Supercenter $3,002.67 Various; Walters Electric $433.85 Rep; Washington State Support Regis $102.01 Ded; Water Products $105.00 Inv; Weathercraft of G.I. $19,145.70 Serv; White, H $15.00 Reim; Wilke Donovans True Value $94.01 Various; Wilkerson, M $10.92 Ref; Xerox $87.63 Serv; Young, M $139.12 Tr; Zimmerman Printers $108.00 Su; Payroll Ending 06-28-2003 -- $268,485.52.  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 to extend the Employment Agreement between the City of Kearney and G. Allen Johnson and approve Resolution No. 2003-99.

 

RESOLUTION NO. 2003-99

 

            WHEREAS, the City Council of the City of Kearney, Nebraska, do hereby fix, prescribe and limit salary and wages to be paid by this City to the City Manager, pursuant to the authority granted in Section 1-301 of the Code of the City of Kearney, Nebraska, and Section 19-620 of the Nebraska Revised Statutes.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City Manager be paid an annual salary of One Hundred Two Thousand Two Hundred Fifty-nine Dollars ($102,259.00) effective July 1, 2003; said salary to be paid bi-weekly from any City funds and the Kearney Municipal Airport Corporation Fund in such proportionate amounts as the City Manager may determine.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the Employment Agreement extending the agreement for an additional three years.

            PASSED AND APPROVED THIS 8TH DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve the request from the Kearney Police Department to block off Avenue B from Railroad Street to 21st Street from 7:30 a.m. until 12:00 p.m. for a vehicle auction.

 

5.         Approve the Subdivision Agreement between the City of Kearney and Sixth Street Development and Platte Valley State Bank & Trust for Sixth Street Second Addition and approve Resolution No. 2003-100.  (Pertains to Public Hearing 10.)

 

RESOLUTION NO. 2003-100

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure/Subdivision Agreement for Sixth Street Second Addition”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Mark W. Benjamin, President of Sixth Street Development and Platte Valley State Bank & Trust as Trustee and Beneficiary under Deed of Trust, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 8TH DAY OF JULY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve the recommendation from Mayor Blankenship on the reappointment of Tim Hughbanks to serve on the City of Kearney Community Redevelopment Authority.


7.         Approve the request from Kearney Downtown Centre Association to display a banner advertising sidewalks sales over Central Avenue on 23rd Street beginning July 11, 2003 until July 25, 2003; and to use the sidewalks in the business improvement district for the display and sale of merchandise for Sidewalk Sales on July 24, 2003 from 8:00 a.m. until 8:00 p.m. and on July 25, 2003 from 8:00 a.m. until 5:00 p.m.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 6969 – REZONING; NORTHEAST OF 56TH STREET AND AVENUE E

 

Council Member Buschkoetter introduced Ordinance No. 6969, being Subsection 1 of Agenda Item VI to rezone from "District AG, Agricultural District" to "District C-0, Office District" property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 1.66 acres, more or less, Buffalo County, Nebraska (northeast of 56th Street and Avenue E), 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 Blankenship 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: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  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. 6969 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Clouse that Ordinance No. 6969 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6969 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. 6970 – REZONING; 1800 EAST 26TH STREET

 

Council Member Buschkoetter introduced Ordinance No. 6970, being Subsection 2 of Agenda Item VI to rezone from "District M-1, Limited Industrial District" to "District RM, Mobile Home Residential District" property described as part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (1800 East 26th 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 Blankenship 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: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  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. 6970 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Clouse that Ordinance No. 6970 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6970 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. 6971 – REZONING; 1835 AVENUE G AND THREE VACANT LOTS TO THE EAST

 

Council Member Buschkoetter introduced Ordinance No. 6971, being Subsection 3 of Agenda Item VI to rezone from from "District M-2, General Industrial District" to "District R-2, Urban Residential Mixed-Density District" property described as Lots 986, 987, 988, 1000, and 1001, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1835 Avenue G and three vacant lots to the east), 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 Blankenship 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: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  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. 6971 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Clouse that Ordinance No. 6971 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6971 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. 6972 – REZONING; WEST OF 2ND AVENEU BETWEEN 27TH STREET AND 28TH STREET

 

Council Member Buschkoetter introduced Ordinance No. 6972, being Subsection 4 of Agenda Item VI to rezone from "District R-2, Urban Residential Mixed-Density District" to "District UC, Mixed Use Urban Corridor District" property described as Lots 2, 10, 11, and 12 of Block 42, Perkins & Harfords Addition to the City of Kearney, Buffalo County, Nebraska (west of 2nd Avenue between 27th Street and 28th 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 Blankenship 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: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  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. 6972 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Clouse that Ordinance No. 6972 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6972 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. 6973 – REZONING; 1104, 1107, 1111, 1115, 1201 EAST 26TH STREET

 

Council Member Buschkoetter introduced Ordinance No. 6973, being Subsection 5 of Agenda Item VI to rezone from "District M-1, Limited Industrial District" to "District R-3, Urban Residential Multi-Family District (Medium Density) District" property described as the East Half of Lot 76 and all of Lots 77, 94, 95, 96, 97, Keens Park Addition to the City of Kearney, Buffalo County, Nebraska (1104, 1107, 1111, 1115, 1201 East 26th 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 Blankenship 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: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  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. 6973 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Clouse that Ordinance No. 6973 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6973 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. 6974 – REZONING; 2001 AVENUE F

 

Council Member Buschkoetter introduced Ordinance No. 6974, being Subsection 6 of Agenda Item VI to rezone from "District M-1, Limited Industrial District" to "District C-3, General Commercial District" property described as Lot 553, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 Avenue F), 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 Blankenship 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: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  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. 6974 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Clouse that Ordinance No. 6974 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6974 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.

 

PARKS PROJECT – PLANS AND SPECIFICATIONS

 

Mayor Blankenship opened for discussion the Plans and Specifications for the Harmon Park Activity Center Restroom Building, Harmon Park Tennis Court and Restroom Building, and Nina Hammer Park and Pioneer Park Restroom Building Projects and set the bid opening date for July 30, 2003 at 2:00 p.m.

 

Administration has packaged a number of park infrastructure projects into one bid proposal. Included are the Harmon Park Activity Center restrooms, Harmon Park Tennis Courts and Building, Nina Hammer and Pioneer Park Restrooms.

 

Administration, the Park and Recreation Advisory Board, and users have met with the Clark Enersen design team to help plan these facilities. The plans reflect their suggestions and input. Facilities are designed with both cost and longevity factors.

 

Neal Lewis, Director of Park and Recreation, and Rick Wise from The Clark Enersen Group, presented this matter to the Council.  Mr. Lewis stated many of the park projects have been put together into one package.

 

He stated that a completion date is anticipated to be late fall, but they believe by not being too specific, the bid might be lower. These facilities will not be used until next spring.

 

Rick Wise stated that they are asking for a completion date with the bid and will use that as part of the review process to determine a completion date. He stated there is another advantage of bringing the projects together and bidding them together. This is something they have done with other projects. This has been effective in the past, especially when project types are similar as these projects are. 

 

Moved by Clouse seconded by Hadley to approve the Plans and Specifications for the Harmon Park Activity Center Restroom Building, Harmon Park Tennis Court and Restroom Building, and Nina Hammer Park and Pioneer Park Restroom Building Projects and set the bid opening date for July 30, 2003 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

AVENUE E BOX CULVERT MODIFICATIONS – AWARD BID

 

Mayor Blankenship opened for discussion the bids received for the Avenue “E” Box Culvert Modifications located at 56th Street and to consider Resolution No. 2003-101 awarding the bid to Starostka Group Unlimited, Inc. in the amount of $19,610.00.

 

As part of the recently completed Avenue E project a Box Culvert was constructed north of 52nd Street Place across Avenue E. After the completion of this project the property owner on the east side of Avenue E proceeded to clean and reshaped the drainage through his property lowering the flow line of the channel. As a result the down streamside of the box culvert has eroded away revealing the metal sheet piles supporting the box culvert.  The exposure of the metal sheet piles to the elements needs to be corrected and an additional drop structure added to stop the erosion to prolong the life of the box culvert.

 

Sealed bids for the modification of the Box Culvert on Avenue E were received on Monday, June 30, 2003 at 2:00 p.m.  The following three (3) bids were received:

 

Starostka Group Unlimited Inc., Grand Island, NE                         $19,610.00

Wilke Contracting Corporation, Kearney, NE                                $24,279.60

Midlands Contracting, Inc., Kearney, NE                                      $29,095.00

 

All proposals have been reviewed.  No errors, omissions, or exceptions were noted.  The contractor’s completion date is September 19, 2003.

 

The Engineer’s Opinion of Probable Construction Cost was $28,350.00. The low bid from Starostka Group Unlimited Inc. is 31% below the Engineer’s Opinion of Probable Construction Cost. Advertisements for Bids were transmitted to the attached list of Contractors, plan houses and suppliers in the area. The Engineer therefore recommended the bids be accepted and the contract awarded to Starostka Group Unlimited Inc. in the amount of $19,610.00.

 

Kent Cordes from Miller & Associates was present to answer any questions from the Council.

 

Moved by Hadley seconded by Buschkoetter to approve the bids received for the Avenue “E” Box Culvert Modifications located at 56th Street and approve Resolution No. 2003-101 awarding the bid to Starostka Group Unlimited, Inc. in the amount of $19,610.00  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent.  Motion carried.

 

RESOLUTION NO. 2003-101

 

            WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed bids which were opened on June 30, 2003, at 2:00 p.m. for the Avenue E Box Culvert Modifications located at 56th Street; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $28,350.00; and

WHEREAS, the said engineers have recommended the bid offered by Starostka Group Unlimited, Inc. of Grand Island, Nebraska in the sum of $19,610.00 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Starostka Group Unlimited, Inc. of Grand Island, Nebraska be and is the lowest responsible bidder for the Avenue E Box Culvert Modifications located at 56th Street to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Starostka Group Unlimited, Inc. in the sum of $19,610.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the Avenue E Box Culvert located at 56th Street in the amount of $28,350.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 8TH DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

OPEN ACCOUNT CLAIMS --      NPPD -- $6,586.42

 

Moved by Buschkoetter seconded by Blankenship that Open Account Claims in the amount of $6,586.42 payable to NPPD be allowed.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter.  Nay: None.  Clouse abstained.  Kearney absent.  Motion carried.

 

VII.    REPORTS

 

Council members thanked City Manager Allen Johnson for his last year of service and look forward to working with him this next year.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Hadley that Council adjourn at 10:42 p.m.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent.  Motion carried.

 

 

                                                                        BRUCE L. BLANKENSHIP

                                                                        PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK