Kearney City Council Meeting – December 13, 2022

The Kearney City Council met on December 13, 2022, at 5:30 p.m. in City Council Chambers. The meeting included reorganization of the council, multiple public hearings on zoning and development proposals, and a staff presentation on the planned indoor sports complex. All votes were unanimous unless noted.

Consent Calendar

• Approved minutes of the November 22, 2022 regular council meeting.
• Accepted the Certificate of Vote from the Buffalo County Election Commissioner, confirming election results: Randy Buschkoetter (6,207 votes), Tami James Moore (5,410 votes), Mercedes Dam Rutkowski (2,352 votes).
• Administered the Oath of Office to newly elected council members Randy Buschkoetter and Tami James Moore.
• Appointed Stanley A. Klaus as President/Mayor (vote 5-0) and Randy Buschkoetter as Vice-President (vote 4-0, with Buschkoetter abstaining).
• Appointed Peggy Eynetich as City Clerk.
• Approved Consent Agenda items 1–6 (including claims, airport lease guidelines, Apollo Med Flight agreement, 2022 Part 2 Improvements bid award to Dan Roeder Concrete, Inc. in the amount of $1,063,315.25, and payment for the 2.0 MG Elevated Water Tower).

Public Comments & Testimony

• No members of the public spoke during any of the public hearings or oral communication segments.

Discussion Items

Reorganization (Items I.1–I.11)

• The meeting opened with a moment of silence and the Pledge of Allegiance led by Boy Scouts and Cub Scouts.
• City Clerk Peggy Eynetich administered the Oath of Office to re-elected council members Randy Buschkoetter and Tami James Moore.
• Nominations and appointment of Stanley A. Klaus as President/Mayor (moved by Council Member Kotsiopulos, seconded by Council Member Schmidt); vote 5-0.
• Nominations and appointment of Randy Buschkoetter as Vice-President (moved by Council Member Moore, seconded by Council Member Schmidt); vote 4-0 (Buschkoetter abstained).

Public Hearings 1 & 2 – Land Use Map Amendment and Rezoning (Items III.1–III.2)

• Application: Buffalo Surveying Corp. for Evangelical Lutheran Good Samaritan Society and MP-Kearney, LLC. Proposed amendment of Land Use Map from MDR (Medium Density Residential) and MU2 (Office/Commercial Retail) to MU3 (Commercial Mixed Use) for properties at 2206 East 25th Street, and rezoning from R-3/PD to M-1 (Limited Industrial).
• Staff Presentation: Mitch Humphrey (Buffalo Surveying) explained the request aligns with existing M-1 zoning along Highway 30 and supports future expansion of Saline Kenworth, bringing potential jobs. Planning Commission recommended approval.
• Council Discussion: No questions. Motion to close public hearing and adopt Resolution 2022-262 (land use amendment) passed 5-0. Motion to adopt Ordinance 8611 (rezoning) passed 5-0.

Public Hearing 3 – Vacation and Final Plat – BSB Addition (Item III.3)

• Application: Miller & Associates for BSB Investments, LLC. Vacation of part of Lot 1, Block 6, Colonial Estates 4th Addition, and final plat for 9 lots on 2.84 acres between 19th and 20th Avenues, south of 44th Street. Zoning remains R-1.
• Staff Presentation: Craig Bennett (Miller & Associates) described lot layout, infrastructure (water, sewer, stormwater detention), and a hammerhead turnaround for fire truck and trash truck access. Examples of cottage-style homes were shown.
• Council Discussion: Council Members asked about parking enforcement at the hammerhead (signage suggested), pedestrian connectivity to Windy Hills Elementary (existing sidewalks noted), and fire truck turning movements (approved by fire department).
• Decision: Motion to close public hearing and adopt Ordinance 8612 (vacation) passed 5-0; motion to adopt Resolution 2022-263 (final plat and subdivision agreement) passed 5-0.

Public Hearings 4–6 – Younes Center Ninth Addition (Items III.4–III.6)

• Application: Miller & Associates for multiple entities (YB Investments, Talmadge JAM, LLC, Paul Younes and Linda Younes Family Trust). Included: release of a drainage easement, rezoning from AG (Agricultural) to C-2 (Community Commercial), final plat for three lots, and annexation of 4.22 acres.
• Staff Presentation: Craig Bennett explained the property is north of Talmadge Street and west of 10th Avenue, adjacent to the UNK campus. Proposed development includes a 150-room combination hotel (Tru and Home2 brands). Rezoning consistent with the Comprehensive Plan's COM (Commercial) designation. A previously relocated storm sewer easement required release and replacement.
• Council Discussion: None. Planning Commission had recommended approval.
• Decision: Public hearings closed individually. Motion to adopt Resolution 2022-264 (release drainage easement) passed 5-0. Motion to adopt Ordinance 8613 (rezoning) passed 5-0. Motion to adopt Resolution 2022-265 (final plat) passed 5-0. Motion to adopt Resolution 2022-266 (annexation) passed 5-0.

Public Hearing 7 – Permanent Drainage Easement (Item III.7)

• Application: Acquisition of a permanent drainage easement from Paul Younes/Talmadge JAM, LLC for stormwater drainage relocated from the Younes Center Ninth Addition.
• Staff Presentation: Craig Bennett noted the easement is outside the plat boundary, hence a separate hearing. The relocated easement was constructed before the plat.
• Decision: Motion to adopt Resolution 2022-267 passed 5-0.

Public Hearing 8 – Donation of Land for Indoor Sports Complex (Item III.8)

• Application: Acceptance of 29.01 acres of donated land from Talmadge JAM, LLC (Paul Younes) for the indoor sports complex. City Attorney Michael Tye explained the donation has no cost to the city and is part of a previously approved development agreement.
• Council Discussion: Council Members thanked Paul Younes; Scouts were encouraged to remember the contribution.
• Decision: Motion to adopt Resolution 2022-268 accepting the donation passed 5-0.

Regular Agenda Item – Staff Presentation on Indoor Sports Complex (Item VI.1)

• Presentation: Scott Hayden (Recreation Services) and Eric (Engineering) provided an update on the complex design, expected to be ~209,000 sq. ft. Features include:
  • 8 basketball courts / 12 volleyball courts (total ~60,000 sq. ft. gymnasium)
  • 55x105 ft. turf field (~66,000 sq. ft.) for soccer, baseball, football
  • 9,000 sq. ft. for 4 indoor pickleball courts
  • Second-floor 3-lane walking track (5 laps = 1 mile)
  • Spectator seating for ~3,000 (including fixed and retractable bleachers)
  • Entrance lobby expanded to 5,700 sq. ft. with multiple doors and ticketing flexibility
  • No permanent concessions; reliance on nearby restaurants (consistent with restaurant tax funding)
• Council Discussion: Council Members raised questions about:
  • Netting above turf field walls (cost-saving design)
  • Drop-down vs. portable basketball hoops (likely all drop-down, with options for portables)
  • Space for officials (conference room can serve as tournament headquarters, but Council Member Schmidt noted potential crowding)
  • Aesthetics of the south side facing Interstate 80 (desire for attractive design despite budget constraints)
  • Size of turf field (slightly smaller than Baldwin's field; chosen based on Iowa West Sportsplex model and cost)
  • Budget overruns and potential alternates (e.g., south parking lot, covered entry awning, decorative panels). Staff noted the project is significantly over budget and steel ordering is imminent.
  • Connectivity to hike/bike trails and future development.
• Outcome: The presentation was for information and discussion. No formal action taken. Staff will continue design and return with a guaranteed maximum price.

Key Outcomes

• All public hearing items approved unanimously (5-0): land use map amendment, rezoning, vacation, final plats, easement release and acquisition, annexation, and land donation.
• Reorganization completed: Stanley A. Klaus elected Mayor, Randy Buschkoetter elected Vice-President, Peggy Eynetich appointed City Clerk.
• Consent Agenda approved (items 1–6).
• Indoor Sports Complex update received: Staff to refine design and budget, with further council action anticipated when guaranteed maximum price is available.
• Next regular council meeting scheduled for December 20, 2022, including presentations on the radio system upgrade, Flock camera system, and other projects.
• Air service update: 978 passengers in November; promotional buy one get one free to Denver; continued advocacy for code-share agreements with United Airlines.