Kearney Board approves drainage-easement swap, OKs landscape yard and fluoridation grant; Lawrence Street car-lot permit fails

Kearney — The Kearney Board of Aldermen on May 5 approved a pair of easement ordinances to allow a commercial building at the Shops at Greenfield, granted a conditional-use permit for an outdoor landscape-materials yard at 15025 Jesse James Farm Road, accepted a Missouri Department of Health and Senior Services grant to replace water-fluoridation equipment and approved a school park reservation, while rejecting a conditional-use permit for a used-vehicle lot at 102 West Lawrence Street.

The actions affect property development near Commerce Drive and the Jesse James Park corridor and will allow a developer to relocate storm infrastructure to build a new commercial structure. Officials also recorded public comment about drainage and access related to the Jesse James Farm Road permit and explained a one-year limit applied to the Lawrence Street permit request.

Votes at a glance

• Bill 15-2025 — An ordinance vacating a drainage easement across Lot 4, Shops at Greenfield, First Plat. Purpose: allow relocation of a storm pipe to permit construction of a new commercial building. Outcome: approved on second reading (unanimous). Vote (recorded): Alderman Ashton King — yes; Alderman Dan Holt — yes; Alderman Jerry Spencer — yes; Alderman David Lehman — yes. (Bill introduced by Community Development Director David Pavlich.)

• Bill 16-2025 — An ordinance dedicating a replacement storm drainage easement across Lot 4, Shops at Greenfield, First Plat. Purpose: record the new easement that replaces the vacated line. Outcome: approved on second reading (unanimous). Vote (recorded): unanimous.

• Bill 17-2025 — An ordinance granting a conditional-use permit at 15025 Jesse James Farm Road allowing a landscape sales-and-service use (material storage yard) in the C General Commercial District. Outcome: approved on second reading (unanimous). Vote (recorded): Alderman Jerry Spencer — yes; Alderman David Lehman — yes; Alderman Ashton King — yes; Alderman Dan Holt — yes. The applicant, Dan Hacker of American Lawn and Landscape, said the proposal is for an outside material storage yard. Community Development Director David Pavlich explained the adjacent drainage is not located on Hacker’s parcel and that a north–south access drive on the property's east edge is an access route used to reach Water District 8 facilities, not primary access for the applicant’s site.

• Bill 18-2025 — An ordinance approving a program services contract with the Missouri Department of Health and Senior Services to receive a community water fluoridation equipment repair and replacement grant. Purpose: purchase testing and other equipment to maintain fluoridation. Outcome: approved on second reading (unanimous). Vote (recorded): unanimous. Public works director Shelley Daniel said equipment must be maintained and the city agrees to keep the fluoridation system operational for a minimum of five years as part of the grant.

• Bill 19-2025 — An ordinance granting a conditional-use permit at 102 West Lawrence Street to allow an automotive sales use in the C General Commercial District. Planning staff recommended approval with conditions: the permit would expire after one year, no expansion of site improvements is permitted, and the permit covers automobile sales only (no boats, wrecked vehicles, trailers, commercial vehicles, equipment or automobile repair). Outcome: failed on first reading (vote tied/failed). The board recorded a 2–2 result and the mayor recorded a no vote; the ordinance did not pass. Mayor Randy Pogue explained his no vote: "I'm not against car lots in our community. I don't think that that's the best location for one in our community... I just don't think that that particular location is the best location for that sort of business in our community." Alderman David Lehman later said his no vote was for similar reasons tied to the location and a nearby proposed multifamily investment that could seek about $800,000 in tax abatement; staff had informed the applicant previously of those concerns.

• Bill 20-2025 — An ordinance approving a park reservation agreement with Kearney R-I School District to host a color fun run on the Jesse James Park Trail (Kearney Elementary School fundraiser). Outcome: approved on second reading (unanimous).

Discussion and public comment

During the public hearing on the Jesse James Farm Road conditional-use permit, resident Kevin Bailey, 20411 State Route 92, said he was not opposed to the project but raised two concerns: maintenance of drainage that crosses his property and whether a north–south access road adjacent to the site would be usable after the project. Pavlich told the board the drainage identified by Bailey is not on the applicant’s parcel and the north–south drive historically provided access to Water District 8 facilities and to an outbuilding on a neighboring parcel, not primary access for the applicant’s operations. Bailey said Pavlich’s answers satisfied his questions.

Procedural notes

Several ordinances were read by title on first and second reading in succession; the Shops at Greenfield easement swap was a condition of a previously approved site plan, and the replacement easement was dedicated at the meeting to allow the storm-pipe relocation.

What’s next

The board will implement the dedicated easement and proceed with the site plan’s required relocations. The applicant for the Lawrence Street conditional-use permit may reapply or seek other options; the board did not approve the permit as presented.