Public Meetings - Kearney, Nebraska

The Kearney City Council met on March 12, 2024, at 5:30 p.m. in Council Chambers. The meeting included ceremonial recognitions, a public hearing on a comprehensive plan amendment, approval of consent agenda items, and receipt of the annual financial report. The council also entered closed session to discuss litigation. Recognition and Proclamation - National Guard Recognition: Garth Sism and Sergeant Rodriguez from the Employer Support of the Guard and Reserve program presented an award to Michael Kamler, System Supervisor, for his exemplary support of employee and National Guard member Sergeant Rodriguez. Kamler expressed gratitude and emphasized the responsibility of his team in providing water and sewer services. - Proclamation for NIDDA Month: The council proclaimed March 2024 as National Intellectual and Developmental Disabilities Awareness Month, highlighting inclusion and employment of individuals with disabilities in Kearney. Representatives from Mosaic and guests who work at local businesses (Freddy's, Skeeter Barnes, Baristas) were recognized. Public Hearing - Comprehensive Plan Amendment: Melissa D'Artio Harris, Director of Development Services, presented a proposed text amendment to the 2016 Comprehensive Development Plan to add the R-1D Residential District to four land use designations (low density, medium density, neighborhood mixed use, and high density) and to clarify language by removing density references. No changes to the land use map were needed. No public comments were received. The council unanimously adopted Resolution No. 2024-23. Consent Calendar The council approved the following consent items (1–6) by unanimous vote: - Minutes of the February 27, 2024 regular meeting. - Approval of claims. - Award of Kearney SportsPlex Exterior Facility Signage Project to Mayhew Signs Company, Inc. for $128,158.00. - Resolution No. 2024-24 approving RYDE Transit of Buffalo County’s request for a portion of required locally matched funding to apply for federal FY2024-2025 transportation operations funding. - Resolution No. 2024-25 awarding the Lead Service Line Replacement Project: Concrete portion to Dan Roeder Concrete, Inc. ($5,688.00) and Dandee Concrete, Inc. ($5,544.00); Plumbing portion to Mid-Nebraska Digging, Inc. ($7,400.00), Kearney Plumbing, Inc. ($7,341.00), and Stegeman Solutions ($2,875.00). - Award of 2024 Harvey Park Softball Field Renovations to K & J Elite Sports Turf for $143,055.00. Discussion Items - Annual Financial Report: Mindy Owen, CPA with KSO CPAs + Advisors, presented the audit for the fiscal year ended September 30, 2023. The city received a clean opinion. Key figures included: - Governmental funds ending fund balance: $63,210,000 (a decrease of $3.8 million from the prior year). - Unrestricted amount: $44,736,000; amount available within policies: $4,056,000. - Major capital asset projects completed: Tennis Recreation Facility ($8.1 million), Harman Park Sanatorium ($1.4 million), and various paving improvements ($4.3 million). - Governmental activities net position increased by $16.8 million; business-type funds (utilities, golf, airport) grew by $7 million. - Control weaknesses noted: small accounting staff (mitigated by segregation of duties and cross-training) and vendor monitoring on federal projects. The council accepted the report unanimously. - Open Account Claim to NPPD: A claim of $36.37 was approved. Mayor Nikkila abstained; one council member was absent. Closed Session The council voted to adjourn into closed session at approximately 5:53 p.m. for the protection of the public interest to discuss possible litigation matters. No formal action was reported after reconvening. Key Outcomes - Adopted Resolution No. 2024-23 for the Comprehensive Plan text amendment. - Approved all consent agenda items as listed. - Accepted the annual financial report. - Approved open account claim to NPPD ($36.37) with one abstention. - Entered closed session regarding litigation. - Recognized Michael Kamler with a National Guard award and proclaimed March 2024 as National Intellectual and Developmental Disabilities Awareness Month.

The Kearney City Council held a regular meeting on February 27, 2024, at 5:30 p.m. in City Council Chambers. The meeting included recognition of two 40-year city employees, a public hearing on the half-cent sales tax capital improvement plan, approval of consent agenda items, and adoption of a salary ordinance. The council adjourned into closed session to discuss personnel matters. Recognition of 40-Year Employees - The council recognized Roger Petersen and Steve Baye for 40 years of service with the City of Kearney. Parks Director Eric Hellrigal and others praised their dedication and leadership. Both employees thanked their crews and expressed continued commitment to the city. Public Hearing: ½¢ Sales Tax Capital Improvement Plan - Interim City Manager Brenda Jensen presented the proposed Capital Improvement Plan (CIP) for the upcoming budget year, funded by the half-cent sales tax passed by voters in 2005. Key items for 2024-2025 included: - UNMC Rural Health Education Building: $220,000 (second payment of a $5 million gift) - Public Safety Radio Project: debt service payment - Miscellaneous Street Repairs: $370,000 - Dump Truck/Plow: $295,000 (ordered but not yet delivered) - Bond Payments: $1.6 million for previous paving projects - Indoor Sports Complex: $2 million - Memorial Field Turf: installation planned fall 2024, funded from next fiscal year - 30th Avenue Overpass Repairs: approximately $1.8 million (structural repairs to driving surface, MSE walls, expansion joints, and sidewalks; timeline 2025) - Highway 30 Roundabout: total cost $3 million, but city share only $300,000 (20% of standard 5-lane section cost); NDOT (80%) and UNK cover the remainder - Discussion included questions about the overpass's long-term durability and the possibility of adding a fourth lane or bike/pedestrian crossing. Public Works staff noted the three-lane configuration currently handles traffic well, and a fourth lane may be needed if an interstate exit is built. Council members requested future CIP documents show only the city's share for projects with external funding. - The council closed the public hearing and approved the CIP unanimously on a roll call vote. Consent Calendar - Items 1–9 approved unanimously: 1. Minutes of February 13, 2024 meeting 2. Claims 3. Planning commission recommendations and setting March 12, 2024 hearing 4. Plans and specifications for 2024 Part 2 Improvements (Mill & Asphalt Overlay), bid opening March 19, 2024 5. Plans and specifications for 2024 Cottonmill Park Road Replacement, bid opening March 19, 2024 6. Resolution 2024-20: Payment No. 18 to John T. Jones Construction Co. ($1,094,576.40) for WWTP Phase II 7. Resolution 2024-21: Change Order No. 4 for box hangar at Kearney Regional Airport (increase $23,732 and 7 calendar days) 8. Agreement with Central Nebraska Auto Club for Cruise Nite 2024, Resolution 2024-22 9. Plans and specifications for 2024 Part 3 Improvements (28th Street), bid opening March 19, 2024 Consent Agenda Ordinances - Ordinance No. 8661 (repealing Ordinance 8643 and amending salary ordinance for pay plan adjustments) was read by number only, adopted on final passage unanimously after suspension of three-reading rule. Key Outcomes - Approved: ½¢ Sales Tax Capital Improvement Plan for 2024-2025 (public hearing and vote) - Approved: All consent agenda items (1-9) and consent agenda ordinance (8661) - Adjourned: Council voted to enter closed session at 5:50 p.m. to discuss personnel matters, with the option to reconvene in open session.

The Kearney Planning Commission met on Friday, February 16, 2024, at 9:00 a.m. in City Council Chambers, 18 East 22nd Street. The meeting covered approval of previous minutes, a public hearing for a comprehensive plan text amendment, an informational presentation on Accessory Dwelling Units (ADUs), and staff reports. The commission approved the amendment and discussed the possibility of locally regulating ADUs, with a consensus to pursue further action. Consent Calendar - Approval of Minutes (December 15, 2023): The minutes from the December 15, 2023 meeting were approved as read. The motion carried with two abstentions (Commissioners Dakon and Scott-Pandorf). Public Comments & Testimony - No members of the public spoke during the public hearing for the comprehensive plan amendment or during the ADU presentation. The hearing was closed without testimony. Discussion Items - Comprehensive Plan Amendment No. 2024-01: Staff presented a proposed amendment to the 2016 Comprehensive Development Plan to update Section 4.5 “Future Land Use” of Chapter 4 “Archive Kearney” to include the R-1D, Residential District. The amendment adds the R-1D district to the low-density, medium-density, and neighborhood mixed-use land use categories, with no changes to the future land use map. Staff clarified that the removal of specific density figures (units per acre) from the text was to align with zoning district regulations, as the existing low-density category listed outdated numbers. The amendment was described as a minor, internal update with no outreach to builders; no rezoning applications for R-1D have been submitted yet. The commission approved the amendment as recommended by staff. - Accessory Dwelling Units (ADUs) Presentation: Staff provided an informational overview of ADUs, including definitions, types (detached, attached, basement, garage conversion), and a survey of peer communities. All ten peer communities (e.g., Lincoln, Omaha, Grand Island) allow ADUs in some form, but Kearney currently does not. Staff discussed potential pros (e.g., increased housing inventory, multi-generational living, income generation) and cons (e.g., parking, infrastructure strain, neighborhood character). They also highlighted LB 66, a state bill that would require municipalities to allow at least one ADU by right wherever single-family homes are permitted, removing local control over regulations. The commission expressed strong interest in locally regulating ADUs, noting the existence of illegal ADUs in Kearney and the desire to bring them into compliance. No formal action was taken because the item was informational only, but the commission requested that staff explore options for a formal statement or agenda item for the next meeting. Reports - Nebraska Planning Conference: Staff announced the state planning conference will be held March 6–8, 2024, at UNK (University of Nebraska at Kearney). Registration is due by February 26, 2024. Commissioners were encouraged to attend one or more days. - Agricultural Chapter Subcommittee: Staff are forming a subcommittee to review proposed changes to the city’s agricultural chapter. Three to four volunteers are needed; details will be sent via email. Key Outcomes - Approved the minutes of the December 15, 2023 meeting with two abstentions. - Approved Comprehensive Plan Amendment No. 2024-01 (motion carried unanimously). - Held an informational discussion on ADUs; no vote was taken, but the commission indicated collective support for developing local ADU regulations. Staff will investigate how to place a formal discussion or motion on the next agenda. - Noted that staff will send conference registration details and call for agricultural subcommittee volunteers.

The Kearney City Council met on February 13, 2024, at 5:30 p.m. in City Council Chambers. The meeting included a commendation ceremony for a police officer, approval of the consent agenda, and separate votes on open account claims. Mayor Jonathan Nikkila was absent. Commendation Ceremony - Police Chief Waugh presented a Certificate of Commendation to Officer Christopher Hughes for his actions on January 29, 2023, during a kidnapping investigation. Officer Hughes, an 8.5-year veteran of the Kearney Police Department with 15 years total experience, served as the police officer in charge (POIC) on D-Shift. He coordinated the pursuit of two suspects wanted for child abduction from Grand Island, as well as the location of an abandoned infant. The suspects were apprehended, and Officer Hughes obtained a confession that led to the infant being found on a farmstead doorstep in rural Hall County in minus 20 degree weather. The child suffered minor hypothermia and recovered. Both suspects were later convicted of nine felonies and sentenced to 60+ years in prison. Chief Waugh noted the POIC program is designed to develop future leaders. Consent Calendar - The council unanimously approved 11 consent agenda items (motion by Council Member Moore, second by Council Member Schmidt; roll call vote: all aye). Items included: - Approval of minutes from January 23, 2024. - Approval of claims. - Resolution No. 2024-14 authorizing city officials to sign checks on city deposits. - Purchase of a 2024 Ford F350 with service body and crane for $110,595.00 from Sid Dillon Chevrolet-Fremont Inc. for the Water Resource Recovery Facility. - Rejection of bids for an Av Gas Refueler Truck for the airport. - Option to Purchase Agreement with Hot Meals USA for approximately 4.74 acres south of 56th Street, and Resolution No. 2024-15. - Resolution No. 2024-16 approving payment of $176,063.76 to Midlands Contracting, Inc. for booster pump station improvements. - Resolution No. 2024-17 approving payment of $45,900.00 to Caldwell Tank for the 2.0 MG Elevated Water Tower. - Agreement with Adam Marshall Land & Auction for auctioneering services and Resolution No. 2024-18. - Resolution No. 2024-19 approving Amendment No. 2 to the consultant agreement with Alfred Benesch and Company for the box hangar project at the airport. - Purchase of Daktronics Scoreboard Systems for $161,495.00 from Crouch Recreation, Inc. for the SportsPlex. Discussion Items - Council Member Moore reported that steel erection began at the SportsPlex on February 9, 2024. The steel is being erected in quadrants; the highest point will be at the corridor. Crews are working seven days a week. Photos were shown. Key Outcomes - Consent Agenda: Approved unanimously (all aye). - Open Account Claim – Grant Buschkoetter ($11.99): Approved with Council Member Buschkoetter abstaining; others aye (motion by Council Member Moore, second by Council Member Schmidt). - Open Account Claim – NPPD ($107,850.88): Approved unanimously (all aye). - The meeting adjourned at approximately 5:50 p.m.

Date: January 23, 2024 at 5:30 PM Location: City Council Chambers, 18 East 22nd Street, Kearney, Nebraska The council convened with a moment of silence, pledge of allegiance, and roll call. No oral communications, unfinished business, or public hearings were presented. The meeting focused on approving the consent agenda and a single regular agenda item, followed by adjournment. Consent Calendar - Items 1–10 were approved unanimously via a single motion (roll call: all ayes). These included: - Approval of minutes from January 9, 2024 - Approval of claims - Authorization for the Mayor to send a letter of no recommendation regarding a liquor license for Pepperjax Development, LLC dba Nebraska Ale Works (115 East 2nd Avenue) - Resolution No. 2024-9 approving the Annual Redevelopment Project Report (TIF report) - Resolution No. 2024-10 approving the revised Kearney Public Library Policy Manual - Resolution No. 2024-11 approving Payment No. 17 ($966,913.61) for WWTP Phase II Improvements – Water Resource Recovery Facility - Resolution No. 2024-12 approving Payment No. 7 ($141,570.00) for Booster Pump Stations Renovations - Resolution No. 2024-13 approving Change Order No. 4 ($6,269.00 increase), Final Payment No. 13 ($32,467.17), and Certificate of Substantial Completion for 2021 Part 5 Improvements (Talmadge Street extension) - Purchase of a 2024 Chevrolet Silverado 1500 work truck ($46,382.00) for the Parks Department - Purchase of a 2024 Chevrolet Silverado 2500 work truck ($60,417.00) for the Parks Department Public Comments & Testimony - None were presented. Discussion Items - No substantive discussion occurred; all items were moved and voted upon without debate. Key Outcomes - Consent Agenda (Items 1–10): Approved unanimously. - Regular Agenda (Open Account Claim to NPPD): The council approved an open account claim of $86,365.89 to the Nebraska Public Power District (NPPD). The vote was 4 ayes with Mayor Nikkila abstaining. (Roll call: Moore aye, Buschkoetter aye, Schmidt aye, Kotsiopulos aye, Mayor Nikkila abstain). - Adjournment: The meeting adjourned following the vote.

The Kearney City Council met on January 9, 2024, at 5:30 PM in the City Council Chambers. The meeting included a recognition ceremony for the promotion of Police Sergeant Alex Peyton, a proclamation honoring retiring City Manager Michael W. Morgan (effective January 13, 2024), four public hearings, a consent agenda, a presentation from Denver Air Connect, and approval of an open account claim to NPPD. All votes were unanimous. Consent Calendar - Approval of Minutes: Approved minutes from the regular meetings on December 12, 2023, and December 19, 2023. - Claims: Approved the claims. - Resolution No. 2024-2: Approved a Developer Constructed Infrastructure Agreement for Lot 1, Block 1, Millennial Estates Fourth Addition (sanitary sewer main). - Resolution No. 2024-3: Approved Change Order No. 2 (decrease of $12,666.80), Application No. 4-Final ($93,924.00), and accepted the Certificate of Substantial Completion for 2022 Part 1 Improvements (48th Street) from Dan Roeder Concrete, Inc. - Resolution No. 2024-4: Approved Invoice No. 2-Final ($39,120.89) to Skyco Glass LLC for the FBO Window Replacement Project. - Resolution No. 2024-5: Accepted public improvements for William Grace Estates (formerly William Estates) under a Developer Constructed Infrastructure Agreement. - Resolution No. 2024-6: Approved Change Orders No. 16 ($5,932.00 increase), No. 17 ($5,890.00 increase), No. 18 ($18,032.00 increase), No. 19 ($1,375.00 increase), and Applications No. 14 ($388,397.95) and No. 15 ($346,740.00) for the Yanney Park Pavilion project. - Board Appointments: Appointed Jonathan Nikkila to the Kearney Visitors Bureau; Stanley Clouse and Tami James Moore to the Buffalo County Economic Development Council; and Jonathan Nikkila, Tami James Moore, and Chuck Ogle to the Joint Airport Zoning Board. - Resolution No. 2024-7: Appointed City employee Brandon Shafto (License No. S-1572, Class A) as City Street Superintendent for 2024 for NDOT requirements. - Bid Awards for 2024 Parks Concrete Projects: Awarded Bid A (Harmon Park) to Tri-City Concrete ($19,000.00); Bids B and C (West Lincoln Way Park and Harvey Baseball Fields) to Dan Roeder Concrete ($14,795.00 total); Bids D and E (Hike/Bike Trail and Cemetery Road Replacement) to S & J Construction ($33,275.00 total). - Resolution No. 2024-8: Authorized the Mayor to execute a Consent to Assignment of Ordinance No. 7726 (franchise agreement) between the City and Northwestern Energy. Public Comments & Testimony - No members of the public addressed the council during the public hearings. All hearings were closed with no oral testimony from the audience. Discussion Items - Recognition of Police Sergeant Alex Peyton: Chief Wild presented Sergeant Peyton, who was sworn in. Peyton has served for 5.5 years, is a motorcycle officer, drug recognition expert, field training officer, and army veteran. He replaces Sergeant Ryan Ory, who is retiring in March. - Proclamation for City Manager Michael W. Morgan: The council proclaimed January 13, 2024, as Michael W. Morgan Appreciation Day. Morgan is retiring after 19 years as city manager, effective January 13, 2024. The proclamation cited his oversight of $1 billion in development, including the Kearney East Expressway (2013), Central Nebraska Veterans Home (2019), data center facility (2019), airport improvements (new runway 2018, parking expansion 2021, terminal expansion 2023), library expansion (2012), Patriot Park (2017), Yanney Park additions, and the Ernest Grundy Tennis Center and Kearney Sportsplex. Morgan thanked the council and staff. - Public Hearing 1 – Amendment to Conditional Use Permit No. 2018-02 (Sand and Gravel Operation): Applicant Terry Wilhelms (Werner Construction, Inc.) requested an amendment to allow nighttime operations at 335 Cherry Avenue. The existing CUP has been in place for 7–9 years. Nighttime work is needed for upcoming interstate projects (bidding not yet awarded). Operations would be limited to Sunday night through Friday morning, with no weekend work. The council approved the amendment unanimously. - Public Hearing 2 & 3 – Rezoning and Final Plat for Elken Second Subdivision (formerly Tucker Subdivision): Josh Gilbertson (Oak Creek Engineering) presented for owner Kenneth Richter. The rezoning from AG (Agricultural) to C-3 (General Commercial) and the final plat for a single lot (former railway right-of-way) were approved. The Planning Commission had recommended approval. - Public Hearing 4 – Creation of New Zoning District R-1D and Code Amendments: City Planner presented a new residential zoning district (R-1D) as a transition between single-family (R-1) and townhome (R-2) districts. R-1D allows duplexes in addition to single-family homes. The council adopted the ordinance, creating Chapter 17 (RR-2) and amending Chapters 14, 18, and 19. Councilmember Kotsiopulos expressed strong support, calling it a needed addition. - Presentation from Denver Air Connect: John Coleman and CEO Cliff Honeycutt reported on the first 14 months of service. Key statistics: 1,452 flights, 13 cancellations (mostly weather), 75% on-time rate (controllable delays: 42 maintenance), and approximately 29,300 passengers enplaned in 2023 (about 75% of SkyWest’s Denver-only numbers). They are in the pre-buy stage of a new Embraer 145 XR and have a new interline agreement with Delta (joining United and American). Councilmembers noted high customer satisfaction with service and cleanliness but raised concerns about: the 8:00 AM departure time (desire for earlier flight to improve connections), lack of full code-share with United (impacting international travel and pricing), website and app issues (online check-in, flight status display, inability to scan mobile boarding passes). The airport manager (Mike Morgan) noted ongoing issues with FAA ATC communication (old technology) and AWOS maintenance causing delays. Denver Air Connect expressed commitment to the community and desire to be re-recommended for the EAS contract (bid expected in about 4 months). They also highlighted a corporate travel program they are willing to promote. - Open Account Claim to NPPD – $88,062.15: The council approved the claim without discussion. Key Outcomes - Ordinance No. 8242A (Amendment to CUP 2018-02): Passed and approved (suspension of three readings). - Ordinance No. 8659 (Rezoning to C-3): Passed and approved. - Resolution No. 2024-1 (Final Plat for Elken Second Subdivision): Approved. - Ordinance No. 8660 (New Zoning District R-1D and Code Amendments): Passed and approved. - Consent Agenda Items 1–11: Approved unanimously. - Open Account Claim to NPPD: Approved. - Directives: The council requested Denver Air Connect to explore an earlier morning departure and to provide a list of local corporations for their corporate travel program. The city manager (outgoing) will share contact information. - Next Steps: The council will continue to work with Denver Air Connect and federal officials on air service improvements. The new city manager, Brenda Jensen, will assume duties.

The Kearney City Council met on December 19, 2023, at 5:30 p.m. in City Council Chambers. Mayor Claus presided. Council members present: Mayor Claus, Vice-President Randy Buschkoetter (Bush Cutter), and Council Member Lear. Council Members Nicola and Moore were absent. The meeting included a public hearing, approval of the consent agenda, and postponement of a regular agenda item. Public Hearing - The Council held a public hearing on the proposed acquisition of a Permanent Right-of-Way and Utility Easement granted by Timothy J. Norwood Sr., member of Fox Creek Development, LLC, for a tract of land in Section 19, Township 9 North, Range 15 West, Buffalo County, Nebraska, dedicated for Access and Utility Easement purposes. Director of Utilities Anton Yalmanek explained the easement is for the Arborview Third Subdivision (approved the prior week) and will complete public infrastructure for the subdivision. No members of the public offered testimony. The Council closed the hearing and adopted Resolution No. 2023-182 unanimously (vote: 3 ayes, 2 absent). Consent Calendar - The Council approved all 12 consent agenda items (items 1 through 12, as amended to include item 12) by a single motion. Items included: 1. Approval of claims. 2. Receipt of Planning Commission recommendations and setting January 9, 2024, at 5:30 p.m. as hearing date. 3. Acceptance of bid from Masek Golf Car Company for 72 EFI gas-powered golf cars ($294,740.00 net of trade-in). 4. Resolution 2023-183: X-1FBO System Agreement with GMSTEK, LLC for Kearney Flight Services software integration. 5. Resolution 2023-184: Payment No. 12 ($285,034.67) and Change Order No. 3 ($5,400 increase) for 2021 Part 5 – Talmadge Street & Yanney Avenue improvements. 6. Resolution 2023-185: Payment No. 16 ($1,401,083.36) for WWTP Phase II improvements. 7. Resolution 2023-186: Acceptance of letter certifying 100% completion of Kearney Community Tennis Facility (Brown Construction/RDG Planning & Design). 8. Purchase of Menart SP-30 Tow Behind Compost Turner ($137,118.00) via Sourcewell contract. 9. Award of Cemetery NE Addition Irrigation Project to Tilley Sprinklers ($125,000.00). 10. Resolution 2023-187: Repeal Resolution 2023-131 and adopt updated Comprehensive Fee Schedule (overnight hangar space fees at Kearney Regional Airport). 11. Resolution 2023-188: Consulting Services Agreement between Kearney Police Department and Dalgle Law Group, LLC. 12. Resolution 2023-189: Setting interest rates for 2024 special assessments and policy for developer infrastructure reimbursement. - The vote was unanimous among those present (3 ayes, 2 absent). Public Comments & Testimony - No oral communications or public comments were presented. Discussion Items - Regular Agenda Item 1 (Open Account Claim to NPPD for $5,652.21) was postponed to the January 9, 2024 council meeting. Key Outcomes - Resolution 2023-182 adopted (public hearing right-of-way and utility easement). - Consent agenda (items 1–12) approved in full. - Regular agenda item 1 postponed to January 9, 2024. - Meeting adjourned.

The Kearney Planning Commission met on December 15, 2023, at 9:00 a.m. in the City Council Chambers. The commission considered four main agenda items: an amendment to a conditional use permit for a sand and gravel operation to allow nighttime hours, a rezoning and two plats for a commercial subdivision, and a code amendment creating a new residential zoning district (R-1D). All items were approved, with some discussion regarding neighbor concerns about air quality from the batch plant and the flexibility of the new zoning district. Consent Calendar - Approval of Minutes (Item 3): The minutes from the November 17, 2023 meeting were approved as written by unanimous voice vote. Public Comments & Testimony - Item 4 – Conditional Use Permit Amendment (Sand and Gravel Operation): - Barbara Maxwell (address given as 4835 Sweet Water? stated she lives south of the plant): Expressed concern about noise and air quality, specifically toxic fumes from the batch plant affecting her son's respiratory issues. She noted that fumes had forced her family to leave their home on multiple occasions and worried about nighttime operations when they could not leave. She asked for official conditions to require the plant to only operate when winds are from the south. - Randy (neighbor, not fully identified): Similar concerns about fumes, but stated he had no objection to the operation itself. He noted that the fumes had been bad enough to fill his house and cause difficulty breathing. He requested that the agreement to monitor wind conditions be made official. Discussion Items - Item 4 – Conditional Use Permit No. 2018-02 (Werner Construction): - Applicant Terry Willems of Werner Construction requested to amend the existing permit to allow nighttime operations (7 p.m. to 7 a.m.) Sunday night through Thursday night to supply asphalt for Nebraska DOT I-80 projects. The only changes to the permit were: (1) adding a 20-foot landscape buffer yard along the south property line, (2) amending trail closure procedures, and (3) amending hours of operation to include nighttime. Daytime hours remained unchanged. No Friday or Saturday night operations were proposed. Staff (Melissa Dario Harris) recommended approval, noting no compliance issues and that the permit had been renewed three times since 2018. Neighbors voiced concerns about fumes; Willems offered to monitor wind conditions and shut down when winds blow from the north to south to avoid affecting neighbors. The commission discussed whether to add a formal condition but ultimately relied on the applicant’s commitment to communicate with neighbors. - Items 5, 6, 7 – Rezoning No. 2023-19, Preliminary Plat No. 2023-13, and Final Plat No. 2023-13 (Tucker Subdivision): - Applicant Josh Gilbertson of Oak Creek Engineering, representing owner Kenneth Richter, requested to rezone 33 feet of land from AG (Agricultural) to C-3 (Urban General Commercial) to extend an existing 100-foot-wide commercial corridor. The rezoning was needed to meet setback and parking requirements for future commercial development (initially planned for storage). The preliminary and final plats for Tucker Subdivision were also presented. Staff recommended approval, finding the proposals consistent with the comprehensive plan and zoning requirements. No public testimony was offered against the items. - Item 8 – Code Amendment No. 2023-01 (New R-1D Residential District): - Staff Planner Melissa Dario Harris presented a code amendment to create a new R-1D (Residential District) as a transition zone between R-1 (single-family) and R-2 (duplexes and townhomes). The R-1D district would allow single-family detached, single-family attached, and duplexes (but not townhomes). It reduces minimum lot width for single-family detached to 50 feet (previously only available via planned development). Staff noted the amendment responds to the affordable housing action plan and developer feedback for more flexibility. Commissioners discussed how the new district could reduce conflicts in rezonings (e.g., avoiding R-2 next to R-1) and how to manage developer promises vs. allowed uses. No public testimony was given. Staff recommended approval. Key Outcomes - Item 4 – Conditional Use Permit Amendment: Motion to approve based on staff’s findings of fact and with the conditions outlined in the document (including the three amended conditions) passed by roll call vote: all members voted aye (Baker, Cochrane, Rickard, Yaw, McGinnis, Dakan, Malone). - Item 5 – Rezoning No. 2023-19: Motion to approve based on staff’s findings of fact passed unanimously (voice vote, roll call: Baker aye, Cochrane aye, Rickard aye, Yaw aye, McGinnis aye, Dakan aye, Malone aye). - Item 6 – Preliminary Plat No. 2023-13: Motion to approve based on staff’s findings of fact passed unanimously (same roll call results). - Item 7 – Final Plat No. 2023-13: Motion to approve based on staff’s findings of fact passed unanimously (same roll call results). - Item 8 – Code Amendment No. 2023-01: Motion to approve based on staff’s findings of fact passed unanimously (roll call: Malone aye, Baker aye, Cochrane aye, Rickard aye, Yaw aye, McGinnis aye, Dakan aye). - Other: Commissioner noted an article about Omaha considering accessory dwelling units (ADUs) and requested a future agenda item (within 3–4 months) to discuss ADUs in Kearney. The meeting adjourned after brief discussion about alleys and city maintenance costs.

The Kearney City Council met on December 12, 2023, at 5:30 p.m. in Council Chambers. The meeting included recognition of fire department service awards, six public hearings (covering an easement vacation, a residential subdivision development, a business park subdivision, and the adoption of an Affordable Housing Action Plan), approval of a 13-item consent agenda, and an informational presentation from Two Rivers Public Health Department. Consent Calendar - Minutes of the November 28, 2023 regular meeting approved. - Claims approved. - Resolution 2023-174 – Developer Constructed Infrastructure Agreement for Taylor Villas (water, sewer, paving, storm sewer). - Resolution 2023-175 – State/City Agreement for relocation of Automated License Plate Readers to state highway right‑of‑way. - Resolution 2023-176 – Amended airport lease with Vertical Lift Maintenance Solutions, LLC (rescinding prior Resolution 2023-72). - Resolution 2023-177 – Change Order No. 4 ($5,399.60 decrease) for the Airport Terminal Expansion Project. - Approval of Memorial Field turf replacement – $307,158.00 from Mid‑America Sports Construction under Sourcewell Cooperative. Council member noted the project will be installed after the current season. - Authorized purchase of SI1 Carbon Fiber Net System – $91,251.39 from Sports Imports for the SportsPlex via National Purchasing Cooperative. - Rescinded previous approval and re‑awarded purchase of a 2024 Ford F‑350 – $54,887.10 from Platte Valley Auto Mart Kearney for Utilities Department. - Resolution 2023-178 – Extension of Services Agreement with Flock Group Inc. for Automated License Plate Reader cameras; Chief of Police authorized to execute. - Resolution 2023-179 – Certificate of Substantial Completion for Yanney Heritage Park Pavilion and Parking Lot (RMV Construction). - Resolution 2023-180 – Final payment ($5,000) and waiver of lien for Community Tennis Facility (Brown Construction). - Resolution 2023-181 – Change Order No. 2 ($9,750 increase) for Booster Pump Station renovations (Midlands Contracting). Public Comments & Testimony No public comments were made during the designated public hearing periods; each hearing was closed without audience input. Discussion Items 1. Fire Department Service Awards Fire Chief Aaron Jameson presented service awards to Kearney Volunteer Fire Department members. Awards were given for: - 5 years: Dillon M. Davis, Kent A. Hergott, Nathan A. Toof, Quincy T. Bennett, Chris T. Hellerich. - 10 years: Jon M. Schroeder. - 25 years: Max J. Gintzler. - 30 years: Bradley S. Anderson. A Certificate of Training for completing the 2023 Firefighter 1 Course (approx. 140 hours) was presented to Nate Smith. 2. Public Hearing – Utility Easement Vacation (Ordinance 8657) Jeremy Feusner (Nebraska Public Power District) requested vacation of a 153‑ft by 15‑ft utility easement on Lot 2, Meridian West Second (3103/3107 West Highway 30) to allow shifting the easement corridor southward. The Planning Commission had recommended approval. The council approved the vacation (Mayor Klaus abstained). 3. Public Hearings – Arbor View Third Subdivision (Items 2-4) Craig Bennett (Miller & Associates) presented three related actions for Fox Creek Development, LLC: - Rezoning 14.775 acres from AG to R‑1 (low‑density single‑family). - Final Plat for 14 lots on both sides of Avenue R, south of East 65th Street. - Voluntary Annexation of the same property. Infrastructure (water, sanitary sewer, storm detention) will extend from Arbor View Second. All three items passed unanimously. 4. Public Hearing – Prairie View Business Park Third (Resolution 2023-172) Mitch Humphrey (Buffalo Surveying Corporation) presented a one‑lot final plat for WWS Land, LLC (William R. Shapley). The 10.5‑acre site, west of Imperial Avenue and north of East 45th Street, will be used for an irrigation repair business. It will be served by individual well and septic (outside city utility service area). The plat dedicates 50 feet of public right‑of‑way. Passed unanimously. 5. Public Hearing – Affordable Housing Action Plan (Resolution 2023-173) Council Member Tami James Moore presented the plan, required by Nebraska Legislative Bill 866 (Municipal Density Middle Missing Housing Act). Key data from the plan: - Population (2020 ACS): 34,277; projected 42,316 by 2035 (1.5% growth rate). - Residential permits: 69 in 2022 (lowest recent year). - Zoning: 35.49% of land zoned for multifamily/middle housing. - Cost‑burdened households: 26% (below state average). - Public engagement: Six themes identified including high quality of life, high development costs, and lack of housing diversity. - 21 action steps over 10 years: immediate (e.g., reduce minimum lot sizes, create transitional zoning), short‑term (3–5 years), and long‑term (10 years). Council members noted that the plan does not mandate affordability and that local control could be eroded if the report were not submitted. The plan was adopted unanimously. 6. Regular Agenda – Open Account Claim Approved an open account claim of $15.00 to Grant Buschkoetter. Council Member Buschkoetter abstained. 7. Informational Report – Two Rivers Public Health Department Dr. Ottawa Menon, epidemiologist, provided an overview of the health department’s activities covering seven counties (Buffalo, Dawson, Franklin, Gosper, Harlan, Kearney, Phelps). Highlights: - Clinical services: vaccinations, dental program (fluoride, silver diamine treatment) in 13 school districts. - Epidemiology: Access to 18 years of birth/death data; mental health identified as top community health issue (47% of respondents). Suicide is among top three causes of death for men ages 15–50. - Environmental health: Lead detection in children; Buffalo County detects about 35–40 cases per year, including a notable number of adults. A federal grant now allows intervention. - Dr. Menon commended Kearney’s COVID‑19 response and cooperation. Key Outcomes - Vacated utility easement (Ordinance 8657) adopted. - Rezoned 14.775 acres to R‑1 (Ordinance 8658) adopted. - Approved final plat for Arbor View Third (Resolution 2023-170). - Approved annexation of Arbor View Third (Resolution 2023-171). - Approved final plat for Prairie View Business Park Third (Resolution 2023-172). - Adopted Affordable Housing Action Plan (Resolution 2023-173). - Approved all 13 consent agenda items (including Memorial Field turf replacement, SportsPlex net system, vehicle purchase, and various agreements/change orders). - Approved open account claim of $15.00. - Meeting adjourned after roll call.