Kearney City Council Meeting - February 14, 2023
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Kearney City Council Meeting - February 14, 2023
The Kearney City Council held its regular meeting on Tuesday, February 14, 2023, at 5:30 p.m. in the City Council Chambers. The meeting included public hearings on a storm sewer easement vacation and a rezoning/final plat for Spruce Hollow West, approval of a 13-item consent agenda, a consent agenda ordinance amending the city’s purchasing code, and a regular agenda item approving a guaranteed maximum price amendment for the Indoor Sports Complex. One council member was absent for the entire meeting; all votes were unanimous among those present.
Consent Calendar
- Items 1–13 approved unanimously: These routine items included approval of the January 24, 2023 meeting minutes; approval of claims; approval of the Cruise Nite 2023 agreement (Resolution 2023-23); setting February 28, 2023 as the date for the Board of Equalization to assess improvement district costs; awarding a $6,000,756.00 bid to Sampson Construction for the Box Hangar at Kearney Regional Airport (Resolution 2023-24); appointing Tami James Moore to the Buffalo County Economic Development Council; authorizing a letter of no recommendation for a liquor license for Fordors Billiards & Darts; approving an amendment to the consultant agreement with Alfred Benesch for airport work (Resolution 2023-25); approving a $1,216,972.98 payment to Caldwell Tank for the 2.0 MG Elevated Water Tower (Resolution 2023-26); approving an option to purchase a building at 4580 Airport Road from Delux MFG. (Resolution 2023-27); approving Change Order No. 8 ($6,022.72 increase) for the Community Tennis Facility (Resolution 2023-28); approving the purchase of a Bobcat compact track loader and attachments for $82,014.00 under a cooperative contract; and appointing Jeffery Baker to the Planning Commission (Resolution 2023-29).
- Consent Agenda Ordinance (Ordinance 8622) adopted: Amending Article 15 of Chapter 1 of the City Code (Purchasing) to increase minimum bidding amounts to $50,000.00, raise the open market purchase threshold to $3,000.00, and increase the inventory value threshold to $10,000.00. Approved unanimously.
Public Hearings & Testimony
- Public Hearing 1 – Storm Sewer Easement Vacation (Ordinance 8620): Mitch Humphrey of Buffalo Surveying Corp. presented on behalf of NP Land Development and the Norwoods. The request was to vacate a 20-foot storm sewer and drainage easement (south 10 feet of Lot 1 and north 10 feet of Lot 2 in Block Two, Stoneridge Tenth Addition) at 6216 and 6302 Avenue K. Humphrey explained that the easement was never used due to street design, and vacation would allow better property utilization. No public testimony was offered. The council unanimously closed the hearing and passed Ordinance 8620.
- Public Hearings 2 & 3 – Spruce Hollow West Rezoning and Final Plat (Ordinance 8621 and Resolution 2023-22): Craig Bennett of Miller & Associates represented DT Development. The property is a single 5+ acre lot east of 30th Avenue and north of 60th Street, currently zoned AG (Agricultural). The request was to rezone to RR-1 (Rural Residential) and approve the final plat and subdivision agreement for Spruce Hollow West. Bennett noted the lot is part of a larger preliminary plat approved about a decade ago, and there is demand for larger rural lots near the city limits. The Planning Commission had recommended approval. No public testimony was offered. The council unanimously closed both hearings and approved Ordinance 8621 and Resolution 2023-22.
Discussion Items
- Indoor Sports Complex Guaranteed Maximum Price (Resolution 2023-30): Scott Hayden (Recreation Services Director) and Eric Heilig (Parks Director) presented an update on the facility. Key features include: a gymnasium housing 12 volleyball courts, 8 basketball courts, and 20+ wrestling mats; a turf field capable of multiple configurations; four standalone pickleball courts; a 300-meter, three-lane elevated track (5 laps = 1 mile); and supporting spaces (lobby, restrooms, staff offices, etc.). The Guaranteed Maximum Price (GMP) from MCL Construction was set at $42,849,725, with an additional $3.5 million in owner soft costs (design fees, furniture, fixtures, equipment, and contingency) bringing the total project cost to approximately $46 million. The GMP includes contingency and may decrease as design work continues. Council members asked brief questions about the track length and design. The council unanimously adopted Resolution 2023-30.
Key Outcomes
- Ordinance 8620 (storm sewer easement vacation) – passed and adopted unanimously.
- Ordinance 8621 (rezoning to RR-1 for Spruce Hollow West) – passed and adopted unanimously.
- Resolution 2023-22 (final plat and subdivision agreement for Spruce Hollow West) – adopted unanimously.
- Resolution 2023-30 (Indoor Sports Complex GMP amendment) – adopted unanimously.
- Open Account Claim to NPPD ($7,820.04) – approved unanimously (one council member abstained, but the vote shows all present in favor; the abstention may have been a procedural misunderstanding; the motion carried).
- Adjournment: The meeting adjourned after noting that future meetings would be longer and that a drink before the next meeting was not advisable.
Meeting Transcript
Well, good evening, everyone. Welcome to our uh city council meeting for Valentine's Day, February the 14th. Uh, if you'll rise, we'll have a moment of silence, followed by the Pledge of Allegiance. Please join us in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America. And the Republic for which it stands. One nation undervisible with liberty and justice for all. In accordance with section 841412, the Nebraska revised statutes. The current copy of the open meetings act is available for review and it's posted on the wall of the council chambers. We take roll, please, mate. Bushcutter. Here's Learn. Nicola absent more. We have no oral communication and no unfinished business, so we'll move to public hearing one. And that pertains to the vacation of a 20-foot storm sewer and draining basement located in Stone Ridge, 10th edition, submitted by Buffalo Survey Incorporated P Land Development Incorporated, and Jamie M. Norwood. Very good for the record. My name is Mitch Humphrey with Buffalo Survey Incorporation located at 5308 Parkland Drive here in Kearney. And for this for this project, uh I'm here to represent MP land development and Jamie Norwood, who are the owners of the subject property that we're looking at working on tonight. This tract of land is located in the Stone Ridge 8th edition. There are two lots that sit side by side. And the lots have a storm sewer and drainage easement that is along the common lot line, maybe 10 feet on each side. As a matter of fact, it was platted with the final plat of the Stone Ridge 8th edition. And I just misquoted the addition, but the Stone Ridge edition, so that uh potentially we could put uh storm sewer or drainage off the street in that location, but with the design of the street along these lots and lot one block two of Stone Ridge 10th edition. I misquoted earlier. Uh that was not used. So we'd like to vacate that and make better utilization of the property. Um with that said, and for the sake that it's Valentine's Day, I think I'll keep my presentation rather short for my own self-preservation. Thank you, Rich. Smart man. Any questions, Council? Pretty straightforward again. As there's a public hearing, is there anyone in the audience which address public hearing one? Okay, do we have a motion? I move to close public hearing one and move for the adoption of ordinance number 8620, vacating a 20-foot storm sewer and drainage easement located in Stone Ridge 10th edition. And that the statutory law requiring reading of ordinances on three successive days be suspended, that ordinance number 8620 be read by number only and then placed on final passage. Second. Roll call, please. Mayor Claus. Hi. Lear. Aye. Nicola Absent Moore. Aye. Bushcutter. Aye. Ordinance number eighty-six twenty. I move that ordinance number eighty-six twenty be passed, approved, and published as provided by law. Second. Roll call, please.
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