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