Kearney City Council Meeting - August 8, 2023
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Kearney City Council Meeting – August 8, 2023
The Kearney City Council met on August 8, 2023, at 5:30 p.m. in City Council Chambers. With only three council members present (Mayor Klaus, Council Members Lear and Kotsiopulos), the meeting proceeded with a supermajority requirement for final readings. The council advanced several rezoning, conditional use permit, and development items to first reading, approved a consent agenda, and adopted an interlocal agreement for the city shooting range.
Consent Calendar
- Minutes of July 25, 2023 – Approved.
- Claims – Approved.
- 2023 Millennial Park Cement Project – Awarded to S & J Construction in the amount of $67,550.00.
- Change Order No. 1 for Box Hangar at Kearney Regional Airport – Approved, increasing contract by $13,687.00 and extending Phase 1 by 2 days and Phase 2 by 24 days (AIP Project No. 3-31-0045-035).
- Payment No. 14 for 2.0 MG Elevated Water Tower – Approved in the amount of $59,400.00.
- Use and Operations Agreement with Buck Enterprises, Inc. dba Thrifty Car Rental – Approved for automobile rental services at Kearney Regional Airport.
- Non-Owned Corporate Hangar T-925 Lease with Mark E. Pullman – Approved.
Consent Agenda Ordinances
- Ordinance No. 8643 (Salary Ordinance adjustments) – Postponed to the August 22, 2023 meeting.
Public Comments & Testimony
- No members of the public spoke during any of the public hearings.
Discussion Items
Public Hearing 1 – Rezone 116 & 118 West 27th Street and 2615 2nd Avenue (Ordinance No. 8637)
- Applicant Miller & Associates, representing Five Stones Investment Group, LLC, requested rezoning from R-3 (Urban Residential Multi-Family) to UC (Mixed Use Urban Corridor) for a 0.5-acre parcel. The property contains a commercial building and two houses; the rezoning aligns with the future land use map (MU2) and the 2nd Avenue corridor. The Planning Commission recommended approval. Council placed the ordinance on first reading due to the absence of a supermajority.
Public Hearing 2 – Rezone West of Imperial Avenue and North of 45th Street (Ordinance No. 8638)
- Applicant Buffalo Surveying Corporation, for WWS Land, LLC (Bill Shapley), requested rezoning from AG (Agricultural) to M-1 (Limited Industrial) for 10.50 acres adjacent to Prairie View Business Park. The property will be used for pivot irrigation sales and repair services. The future land use map designates the area as general industrial. The Planning Commission recommended approval. Council placed the ordinance on first reading.
Public Hearing 3 – Conditional Use Permit for Resource Extraction at 7310 2nd Avenue (Ordinance No. 8639)
- Applicant Buffalo Surveying Corporation, for Blessing Premier Property, LLC (Curtis Baetz), sought a five-year conditional use permit to continue clay extraction on a 29.33-acre site. Operations would be Monday–Friday, 7:00 a.m. to 5:30 p.m., with a 100-foot undisturbed buffer adjacent to Glenwood Estates and a 20-foot buffer yard. The Planning Commission recommended approval. Council placed the ordinance on first reading.
Public Hearings 4–7 – The Meadows First Addition at 2050 East 39th Street
- Applicant Danny Starostka, for Starostka Group Unlimited, proposed a 50-lot subdivision (including 9 duplex lots and 2 outlots) with mixed residential zoning (R-2, R-2/PD, R-3). The development will extend V Avenue and X Avenue, install a regional detention area, and provide a 10-foot trail easement along 39th Street for future hike/bike trail connectivity. The only deviation requested is minor front yard width reductions. Lot costs are estimated at $48,000 (compared to ~$65,000 for other lots), saving future homeowners an estimated $15,000–$20,000. The Planning Commission recommended approval with revised plan deviations.
- Council discussed traffic impacts on 39th Street. A traffic impact study showed that the intersection of 39th and Antelope will be the primary concern, but level of service remains manageable. The city has acquired adequate right-of-way to accommodate future left-turn lanes or roundabouts.
- Due to the absence of a supermajority, the three rezoning ordinances (Nos. 8640, 8641, 8642) were placed on first reading. The related resolutions for planned development approval (2023-112), final plat and subdivision agreement (2023-113), and annexation (2023-114) were approved subject to the effective date of the ordinances.
Public Hearings 8 & 9 – Amendments to Redevelopment Plans for Younes Project (Resolutions 2023-115 and 2023-116)
- Assistant City Manager Brendan Jensen presented two amendments: (1) reducing the existing Enhanced Employment Area (EEA) boundary (originally adopted in 2018 for the Crown Plaza) by removing undeveloped areas, and (2) creating a new EEA boundary for the Younes Expansion Project, which includes a mixed-use development (Younes Landing) and a dual-brand hotel site. The projects are expected to create 260–340 new jobs and generate $40 million in new investment. The new EEA will allow creation of a General Business Occupation Tax (G.BOT) to fund public infrastructure, similar to TIF. The Community Redevelopment Authority and Planning Commission recommended approval. Both resolutions were adopted.
Regular Agenda Item 1 – Interlocal Agreement with Nebraska Game and Parks Commission (Resolution 2023-121)
- Police Chief Brian Wall and Nebraska Game and Parks staff Jeff Fields and Jeff Rollinson presented a partnership agreement for the city shooting range. The city purchased the 30-acre pistol/rifle range in 2019 for law enforcement use. The adjacent property (skeet and trap) was donated to the state and opened to the public on July 22, 2023. The agreement allows Nebraska Game and Parks to staff and manage the pistol/rifle range for public use when not in use by law enforcement (12–16 weeks per year). The city retains ownership and exclusive use for training. The agreement also enables federal funding for improvements. The resolution was adopted unanimously.
Regular Agenda Item 2 – Open Account Claim to NPPD ($47,407.58) – Postponed to August 22, 2023.
Key Outcomes
- Ordinances on First Reading:
- Ordinance No. 8637 (rezone 116 & 118 W 27th St and 2615 2nd Ave) – placed on first reading.
- Ordinance No. 8638 (rezone west of Imperial Ave and north of 45th St) – placed on first reading.
- Ordinance No. 8639 (conditional use permit for resource extraction) – placed on first reading.
- Ordinances Nos. 8640, 8641, 8642 (rezoning for The Meadows First Addition) – placed on first reading.
- Resolutions Adopted:
- Resolution 2023-112 (Planned District Development Plan for The Meadows) – approved, subject to effective date of zoning ordinances.
- Resolution 2023-113 (Final Plat and Subdivision Agreement for The Meadows First Addition) – approved, subject to effective date of zoning ordinances.
- Resolution 2023-114 (Annexation of The Meadows First Addition) – approved, subject to effective date of zoning ordinances.
- Resolution 2023-115 (Amendment to Area 2 and Area 8 Redevelopment Plans – Younes Redevelopment Project) – adopted.
- Resolution 2023-116 (Amendment to Area 8 Redevelopment Plan – 2023 Younes Expansion Project) – adopted.
- Resolution 2023-121 (Interlocal Agreement with Nebraska Game and Parks for Shooting Range) – adopted.
- Consent Items Approved: 7 items (minutes, claims, Millennial Park concrete project award, hangar change order, water tower payment, Thrifty Car Rental agreement, Mark Pullman hangar lease).
- Postponed: Ordinance No. 8643 (salary ordinance) and open account claim to NPPD – both to August 22, 2023.
- Next Steps: Items placed on first reading will return for final reading at the August 22, 2023 council meeting, where a supermajority may allow suspension of the rules for final approval.
Meeting Transcript
Okay, thank you. And join us in the Pledge Allegiance. I pledge allegiance to the flag of the United States of America. And do we have to stay one nation under God? Indivisible Liberty and Justice for all. And uh Councilman Bushcutter is on vacation and council one or councilwoman uh Tammy Moore she had a family emergency, so that's the left's a little short tonight. Um in accordance with section 841412, the Nebraska revised statutes current copy the open meetings act is available uh uh for review and it's supposed to walk in the council chambers. Can you take roll, please? Fish cutter absent lear. Present Nicolette here more absent mayor cost. Okay, thank you. We have no oral communications and no unfinished business, so we'll move right into public hearing one, and that pertains to the application submitted by Miller Associates for Five Stones Investments L Group LLC. The consideration of ordinance number 8637, rezoning property located at 116 and 118 West 27th Street and 2615 2nd Avenue to District UC Mixed Use Urban Corridor District. Uh Planning Commission recommended approval. All right, my name is Craig Bennett, 1111 Central Avenue from Miller Associates representing Five Stone Investment Group LLC. Uh the property that we have tonight for you is uh just a rezoning uh component, it's located south of 27th Street, east of 2nd Avenue. Um, and it currently uh currently has a a building here on it and two houses. And so the property that we're looking at to rezone is currently zoned R3, and so the commercial business here and these two homes and accessory buildings in the back are all owned by the same owner. And so, in order to do some uh future construction, uh, which would be like raising the houses and moving them and doing a commercial business that currently is probably uh non-conforming with the current zoning. We're we're trying to clean some of that zoning up and move that forward. And so um then tonight I'm asking for this these particular lots here, three lots to be rezoned from R3 to UC. And um you can see that the UC corridor, urban corridor here is in blue, so it'd be consistent with kind of keeping consistent with that second avenue corridor. So it's kind of a little pocket that's kind of left and remained, and so um it is consistent with the FLU feature land use map and uh being the designation of MU2. Uh so the property that we have there does consist of those three houses or two houses and one building. And um this is the figure in the packet tonight for the rezoning and the legal description. It consists of 0.5 acres uh in size. And that's really all I have is just a rezoning for that. You have any questions, council? I do not okay. This is a public hearing. Is there anyone in the audience wish to address public hearing one? Okay, this is where things are gonna change a little bit on some of these presentations in that uh with only three council members, we have to have a supermajority so that we can uh not have uh do everything on the first reading. Um or the final reading, so we're gonna place it on the first reading and then next council meeting, it'll come back. And I don't know that we need to have the presentation again. We'll bring everybody up speed and we'll just address it at that point. They may want to, I don't know. We'll have to ask the other council members. So okay, we have a motion. I move to close public hearing one and move for the adoption ordinance number 8637 rezoning property located at 116 and 118 west 27th Street and 2615 2nd Avenue to District UC Mixed Use Urban Corridor District, and that the said ordinance be placed on first reading and be read by title only. Second roll call, please. Mayor Klaus. Hi, Lear. Nicolette, more absent, bushcutter absent. Okay, thank you. We'll move to public hearing two. It pertains the application submitted by Buffalo Surveying Corporation for WWS Land LLC in care of Bob Shapley for the consideration of ordinance number 8638, rezoning property located west of Imperial Avenue and north of 45th Street to District M1, Limited Industrial District, Planning Commission recommended approval. Mitch. Very good. For the record, my name is Mitch Humphrey with Buffalo Surveying Corporation located at 5308 Parkland Drive here in Kearney. And for this project, as Mayor Klaus mentioned, it's a piece of property that WWS LLC owns, and Bill Shapley is the uh managing member of that.
openpublica.com