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Record of Proceedings

Kearney City Council Meeting - January 10, 2023 - Subdivision, Funding, and TIF Approvals

City Council — Tuesday, January 10, 2023
BodyKearney, Nebraska
SessionCity Council
DateTuesday, January 10, 2023
StatusFILED
Video Record
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0:00

Our city council meeting for January 10th.

0:02

Um please rise.

0:04

We'll have a moment of silence and and then we'll have the pledge of allegiance.

0:16

Thank you.

0:17

And join us in the Pledge of Allegiance.

0:20

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.

0:26

One nation undervisible with the unjustice for all.

0:36

In accordance with section 841412 of the Nebraska Revised Statute, it's a current copy of the open meetings act is available for review.

0:42

It's posted on the wall of council chambers.

0:44

Meggy, we take roll, please.

0:45

Mayor Clouds.

0:46

Here.

0:46

Close cutter.

0:47

Here.

0:48

Present.

0:49

Here.

0:49

Or absent.

0:50

And we have no oral communication, no unfinished business, so move right into public hearings one through three, and they can be discussed together but voted on separately.

0:57

They pertain to the development of the Greg Brant Second Subdivision submitted by Miller Associates for James Gregory Brandt Jr.

1:03

and Lucas C.

1:03

Brandt, co-trustee of the James Gregory Bant Brant Senior Administration Trust and meet Reed Miller, trustee of the Reed Miller, Reed A.

1:12

Miller Revocable Trust, dated July 25th, 2017.

1:15

Planning Commission recommended approval.

1:17

Public hearing once consider resolution 2023 amending the land use map for to RE Rural Estates and Agriculture.

1:24

Public hearing two is considered one.

1:32

Two ordinance number 8615 vacating the private access road is platted in Brant S Lakewood 7th Subdivision.

1:39

Three, ordinance number 8616, vacating ingress egress, uh access easements in the Greg Brandt subdivision.

1:46

And four, ordinance number eighty-six seventeen, vacating lots one, four, five, and six in Greg Brandt subdivision.

1:52

Public hearing three is considered resolution number 20, 23-2 for the final plat for Greg Brandt second subdivision.

1:58

Craig?

1:59

All right, good evening.

2:00

My name is Craig Bennett, 1111 Central Avenue, and I have in the audience with me Luke Brandt as well for tonight.

2:07

And I'll just kind of go through this.

2:08

There's about 33 acres that we'll be talking about.

2:11

There's a few different parcels that have different acreages.

2:15

So the property that we're looking at highlighted in yellow here is the 33-acre portion of what was known as the Greg Brant subdivision.

2:23

So this will be the Greg Brant's second subdivision.

2:26

We're vacating some of the other lots that were built on and then combining for a total of three lots in this particular subdivision.

2:34

So the area that we have highlighted in yellow.

3:10

So the area is within a floodplain and a portion of the property is within the floodway.

3:17

And so none of that has changed from the previous subdivision that we have there for the 33 acres.

3:23

Some other things that we're looking at is that this remaining parcel here, which is not highlighted when we platted it as a Greg branch subdivision, was a 20-acre parcel, and at that time was the minimum ag size.

3:36

And so it was platted and rezoned as A.

3:39

So it was one lot, and so we're asking to rezone that to be consistent with the adjoining lots, which would be R R1.

3:45

So tonight we would ask that all of this will then eventually be RR1 with this passing.

3:52

So the FLU or future land use map that we have shows it to be low density residential or LDR for this portion, and we're asking it to be RE for rural estates for the entire portion, which would have been the all all six lots at that time.

4:09

So to show should show that boundary the future land use as an exhibit before you tonight shows all the lots one through six as platted currently in the Greg Brant subdivision to be rezoned and have the future land use map changed from LDR to RE, and then the rezoning would only include this lot here, which was known as a lot one of the Greg Brant subdivision to go from AG to RR1.

4:38

It consists of uh exactly 20.00 acres.

4:43

Um we would be asking to vacate lot one, lot four, five, and six, and leave lots two and three as they are, and then we'll be re-platting these, which I'll show you here in the in the proposed plat.

5:00

The common ingress egress easement with lots two and three are owned by uh Reed Miller, and those have a shared ingress egress on the common lot lines as they were platted.

5:10

Since we're uh making the subdivision less dense, we also went to the Kearney County because this the southern road is known as W Road.

5:19

Uh we have to Carney County and they approved and wrote a letter back to us and to the city to say that we could release this and that that they would just have the individual driveways for the lots as shown.

5:30

And that is also included in the packet as well.

5:33

So these are the two ingress egresses easements that is a part of what you're um looking at tonight that we're asking to release on these common lots three and four and five and six, and then you'll see with the new plat that they'll just be able to have a single driveway at this point in time.

5:48

We don't know where they would they would be anyway, and so we asked Carney County if we could just release those, and they said yes.

5:54

So the preliminary plat that we took before planning commission and consisted of the proposed plat of this lot one, which is encompassing the the house where Greg Grant lived, um, and then we've included an area that has connectivity back out to W Road, which allows accessibility to the north side, which abuts the river and the bank that holds that holds the water from coming from the river into this area.

6:28

Um, and so there's an access there, and then this lot two would be here, and then it's left with a third lot.

6:35

So, really, when we've combined it all and gotten rid of it, we just have one lot here for this house, and then a lot here and a lot here.

6:42

Of course, this has access all the way up to uh the street on the east.

6:49

Um, so that's the preliminary plat.

Discussion Breakdown — Share of Meeting
Zoning and Land Use██████████████████████████████████34%
Public Safety████████████████████20%
Procedural████████████████16%
Economic Development████████████████16%
Youth Programs██████████████14%
Summary of Proceedings

Kearney City Council Meeting - January 10, 2023

The Kearney City Council met on January 10, 2023, at 5:30 p.m. in Council Chambers. The meeting included three public hearings related to the Greg Brandt Second Subdivision, a consent agenda with 16 routine items, and regular agenda items concerning funding for the Family Advocacy Network (FAN), a tax increment financing (TIF) redevelopment project, and an open account claim. Council Member Tami James Moore was absent. All votes were unanimous except for the NPPD claim where Mayor Jonathan Nikkila abstained.

Consent Calendar

  • Items 1–16 approved unanimously:
    • Approval of minutes from December 13 and December 20, 2022.
    • Approval of claims.
    • Resolution No. 2023-3 accepting public improvements for Millennial Estates Addition.
    • Resolution No. 2023-4 approving FAA Grant Agreement for Terminal Building Expansion at Kearney Regional Airport (AIP/CARES Act Project No. 3-31-0045-036-2023).
    • Resolution No. 2023-5 approving updated Towing Agreements with Donkey Towing & Transfer LLC, Dowhy Towing, Kearney Towing and Repair Center, Inc., and Turner Body Shop and Towing.
    • Appointments: Jonathan Nikkila to Kearney Visitors Bureau; Stanley Clouse and Bruce Lear to Buffalo County Economic Development Council; Jonathan Nikkila, Tami James Moore, and Chuck Ogle to Joint Airport Zoning Board.
    • Resolution No. 2023-6 approving Interlocal Agreement for C.A.N.D.O. (Cooperative Law Enforcement Services).
    • Resolution No. 2023-7 approving payment of $122,580.00 to Caldwell Tank for the 2.0 MG Elevated Water Tower.
    • Resolution No. 2023-8 approving payment of $2,680,078.90 to John T. Jones Construction Co. for WWTP Phase II Improvements (Water Resource Recovery Facility).
    • Resolution No. 2023-9 approving payment of $280,052.75 to Midlands Contracting, Inc. for Booster Pump Stations, Renovations and Associated Improvements.
    • Resolution No. 2023-10 appointing Brandon Shafto as City Street Superintendent for 2023.
    • Resolution No. 2023-11 designating Brenda Jensen as ADA, Section 504 & Title VI Coordinator.
    • Resolution No. 2023-12 approving Change Orders No. 6–9 for Harmon Park Sonotorium Restoration (total increase of $86,071.00, new completion date February 11, 2023).
    • Resolution No. 2023-13 approving Change Orders No. 4–6 for Yanney Heritage Park Pavilion and Parking Lot (net increase of $6,428.00).
    • Resolution No. 2023-14 approving Change Order No. 1 for Harmon Park Bathhouse Renovation (decrease of $7,934.00).
    • Approval of purchase of a 2022 Chevrolet Colorado 4WD Crew Cab Z71 for $41,689.00 under Nebraska State Bid Contract #15699 for Parks and Recreation.
  • Consent Agenda Ordinance: Ordinance No. 8618 authorizing the sale of two tracts in Patriot Industrial Park to Prataria Ventures - Kearney, LLC was approved unanimously.

Public Comments & Testimony

  • No public comments were made during the public hearings or regular agenda. The mayor noted no oral communication at the start of the meeting.

Discussion Items

  • Public Hearings 1–3: Greg Brandt Second Subdivision (33 acres north of “W” Road, west of Cherrywood Street)
    • Craig Bennett (Miller & Associates) presented the proposal on behalf of the Brandt family and Reed Miller. The project involves:
      • Amending the Land Use Map from LDR (Low Density Residential) to RE (Rural Estates and Agriculture) for the entire 33-acre parcel.
      • Rezoning Lot 1 (20.00 acres) from AG (Agricultural) to RR-1 (Rural Residential District) to match adjacent lots.
      • Vacating the private access road platted in Brandt’s Lakewood 7th Subdivision (Ordinance No. 8615).
      • Vacating ingress/egress easements on four lots (Ordinance No. 8616).
      • Vacating Lots 1, 4, 5, and 6 of the existing Greg Brandt Subdivision (Ordinance No. 8617).
      • Approving the Final Plat for Greg Brandt Second Subdivision, creating three lots (existing house lot, two buildable lots). Lots will use well and septic. Kearney County approved release of shared access easements; individual driveways will be used.
    • Council Member Kotsiopulos asked about lot lines crossing a lake. Bennett explained that the line splits ownership of the waterway, similar to other platted areas in Kearney, and covenants address usage.
  • Regular Agenda Item 1: Family Advocacy Network (FAN) Funding – Resolution No. 2023-15
    • Michael (City staff) and Jamie (FAN Executive Director) presented the request for $100,000 from special sales tax proceeds (from the Patriot Industrial Park sale).
    • FAN is a nationally accredited child advocacy center serving 14 counties, currently in a cramped 2,500 sq. ft. facility. The new 9,400 sq. ft. facility costs $3.5 million. The $100,000 will purchase office furniture and technology.
    • The new facility will include four interview rooms, confidential meeting spaces, a triage center (modeled after Project Harmony in Omaha), on-site mental health services, a medical suite, and 11 offices with five bathrooms.
    • Police Chief Brian Wall expressed strong support, noting the facility’s importance for victims and law enforcement, and the need for trauma-informed spaces.
    • Council members thanked FAN for their work; the resolution passed unanimously.
  • Regular Agenda Item 2: TIF for Richie Bock Construction – Resolution No. 2023-16
    • Wendell Wessels (Finance Director) presented the application. Richie Bock Construction will demolish an existing building at 1100 East 25th Street (former Stan’s Auto) and construct a 7,500 sq. ft. steel-frame building for office, retail, and warehouse space for three businesses.
    • Upon completion, estimated valuation: $748,135 (current $118,310). Increment: $629,825, generating approximately $11,724 annually in tax increment.
    • The Community Redevelopment Authority (CRA) approved 90% of annual increment not to exceed the lesser of $158,274 or certified eligible project costs ($184,690) over 15 years starting in 2023.
    • Council approved the finding that the project would not be economically feasible without TIF and adopted the resolution. Applicants Richie Bock, Tony Daly, and Tom Fuller were present.
  • Regular Agenda Item 3: Open Account Claim – NPPD $36.37
    • The council approved the claim; Mayor Nikkila abstained.

Key Outcomes

  • Public Hearings 1–3: All three resolutions and four ordinances were approved unanimously.
    • Resolution No. 2023-1 (Land Use Map amendment) passed.
    • Ordinances No. 8614 (rezoning), 8615 (vacate access road), 8616 (vacate easements), and 8617 (vacate lots) passed on final reading.
    • Resolution No. 2023-2 (Final Plat) passed.
  • Consent Agenda: All 16 items and Ordinance No. 8618 approved unanimously.
  • Regular Agenda Item 1: Resolution No. 2023-15 (FAN funding) approved unanimously.
  • Regular Agenda Item 2: Resolution No. 2023-16 (TIF for Richie Bock Construction) approved unanimously.
  • Regular Agenda Item 3: Open account claim to NPPD ($36.37) approved with Mayor Nikkila abstaining; all other council members voted aye.
  • Adjournment: The meeting adjourned unanimously.

Meeting Transcript

Our city council meeting for January 10th. Um please rise. We'll have a moment of silence and and then we'll have the pledge of allegiance. Thank you. And join us in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation undervisible with the unjustice for all. In accordance with section 841412 of the Nebraska Revised Statute, it's a current copy of the open meetings act is available for review. It's posted on the wall of council chambers. Meggy, we take roll, please. Mayor Clouds. Here. Close cutter. Here. Present. Here. Or absent. And we have no oral communication, no unfinished business, so move right into public hearings one through three, and they can be discussed together but voted on separately. They pertain to the development of the Greg Brant Second Subdivision submitted by Miller Associates for James Gregory Brandt Jr. and Lucas C. Brandt, co-trustee of the James Gregory Bant Brant Senior Administration Trust and meet Reed Miller, trustee of the Reed Miller, Reed A. Miller Revocable Trust, dated July 25th, 2017. Planning Commission recommended approval. Public hearing once consider resolution 2023 amending the land use map for to RE Rural Estates and Agriculture. Public hearing two is considered one. Two ordinance number 8615 vacating the private access road is platted in Brant S Lakewood 7th Subdivision. Three, ordinance number 8616, vacating ingress egress, uh access easements in the Greg Brandt subdivision. And four, ordinance number eighty-six seventeen, vacating lots one, four, five, and six in Greg Brandt subdivision. Public hearing three is considered resolution number 20, 23-2 for the final plat for Greg Brandt second subdivision. Craig? All right, good evening. My name is Craig Bennett, 1111 Central Avenue, and I have in the audience with me Luke Brandt as well for tonight. And I'll just kind of go through this. There's about 33 acres that we'll be talking about. There's a few different parcels that have different acreages. So the property that we're looking at highlighted in yellow here is the 33-acre portion of what was known as the Greg Brant subdivision. So this will be the Greg Brant's second subdivision. We're vacating some of the other lots that were built on and then combining for a total of three lots in this particular subdivision. So the area that we have highlighted in yellow. So the area is within a floodplain and a portion of the property is within the floodway. And so none of that has changed from the previous subdivision that we have there for the 33 acres. Some other things that we're looking at is that this remaining parcel here, which is not highlighted when we platted it as a Greg branch subdivision, was a 20-acre parcel, and at that time was the minimum ag size. And so it was platted and rezoned as A. So it was one lot, and so we're asking to rezone that to be consistent with the adjoining lots, which would be R R1. So tonight we would ask that all of this will then eventually be RR1 with this passing. So the FLU or future land use map that we have shows it to be low density residential or LDR for this portion, and we're asking it to be RE for rural estates for the entire portion, which would have been the all all six lots at that time. So to show should show that boundary the future land use as an exhibit before you tonight shows all the lots one through six as platted currently in the Greg Brant subdivision to be rezoned and have the future land use map changed from LDR to RE, and then the rezoning would only include this lot here, which was known as a lot one of the Greg Brant subdivision to go from AG to RR1. It consists of uh exactly 20.00 acres. Um we would be asking to vacate lot one, lot four, five, and six, and leave lots two and three as they are, and then we'll be re-platting these, which I'll show you here in the in the proposed plat. The common ingress egress easement with lots two and three are owned by uh Reed Miller, and those have a shared ingress egress on the common lot lines as they were platted.

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