Kearney City Council Meeting: August 22, 2023 – Rezonings, GBOT Agreements, Memorial Field Concerns
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Kearney City Council Meeting – August 22, 2023
The Kearney City Council met on August 22, 2023, at 5:30 p.m. in City Council Chambers. The meeting included swearing-in of two police officers, public comments on Memorial Field safety, multiple public hearings, approval of consent agenda items, second readings of several rezoning ordinances, adoption of General Business Occupation Tax (GBOT) agreements for two redevelopment projects, review of the One- and Six-Year Street Improvement Plan, and approval of open account claims to NPPD.
Consent Calendar
- Minutes of the August 8, 2023, regular meeting approved.
- Claims approved.
- Planning Commission recommendations received; public hearing set for September 12, 2023, at 5:30 p.m.
- Resolution No. 2023-123 adopted, final allocation of levy authority: $241,390.00 for Community Redevelopment Authority and $58,697.00 for Offstreet Parking District No. 1 for FY 2023-2024.
- Resolution No. 2023-124 adopted, accepting Certificate of Substantial Completion for the Community Tennis Facility (grounds, irrigation, seeding) – contractor Brown Construction, design by RDG Planning & Design.
- Letter of no recommendation authorized to the Nebraska Liquor Control Commission for Class C-125893 liquor license and manager application for Drake Room Entertainment, LLC dba Whistlin’ Wolf at 10 and 12 East 21st Street.
- Manufactured home court licenses approved: annual renewal for Valley View Mobile Home Court (2701 & 2801 Grand Avenue) until May 31, 2023; 14-day extension for East Lawn Mobile Homes Estates (2900 & 3010 Grand Avenue) to correct deficiencies.
- Resolution No. 2023-125 adopted, approving Certificate for Payment No. 5 ($27,503.87) to Midlands Contracting, Inc. for Booster Pump Stations renovations.
- Resolution No. 2023-126 adopted, approving Certificate for Payment No. 12 ($1,235,436.18) and Change Order No. 2 (+$21,141.00) to John T. Jones Construction Co. for WWTP Phase II Improvements – Water Resource Recovery Facility.
Consent Agenda Ordinances
- Ordinance No. 8643 (postponed from August 8, 2023) approved, repealing Ordinance No. 8627 and amending the Salary Ordinance to reflect pay plan adjustments.
Public Comments & Testimony
- Oath of Office administered to Kearney Police Department Officers Grant Buschkoetter and Michael Reeves by Chief Waugh. Buschkoetter is a UNK graduate, former intern/CSO, and son of Councilmember Randy Buschkoetter; Reeves is a U.S. Army veteran and former YRTC supervisor. Both were sworn in and badges pinned by family members.
- Matt Mundorf (citizen, coach) addressed the council regarding Memorial Field. He presented photos showing safety hazards: deteriorating turf (installed ~2011, lifespan ~8 years), seams causing trip risks, missing padding on dugouts and behind home plate, rebar protruding from a concrete wall, roof access with drop-off, drainage issues in outfield, and cracks in concrete. He noted that the field sees heavy use by high school and Legion teams (ages 17–19) and that tournaments bring an estimated $70,000–$100,000 per event to the local economy. He asked about the city’s budget for Memorial Field upkeep and suggested a long-term plan. Councilmember Randy Buschkoetter and City Manager Brenda Jensen responded that the turf is in the capital improvement plan, a higher-quality turf was installed with a 15- to 20-year life expectancy, and it is expected to be replaced after one more season; padding for dugouts and backstops has already been ordered. Council emphasized that safety issues should be reported immediately via phone call, and that user groups (including Legion and high school) meet annually with staff. Marty, a Legion representative, stated that the turf needs immediate attention and that a short-term fix is insufficient; he noted that the original turf was funded privately. Council thanked Mundorf for his input.
Discussion Items
- Public Hearing 1 – Easement Vacation (MONA): Ordinance No. 8644 vacating a 20-foot utility easement (280.45 ft by 20 ft) along the alley north of the MONA building at 2401 Central Avenue. City Planner Melissa Darty-O’Hara explained that utilities were removed from the easement, making the vacation appropriate. No public testimony. The ordinance was adopted unanimously (5-0).
- Public Hearing 2 – Property Transfer from EDC: Resolution No. 2023-122 approving transfer of three lots (20 acres) in Tech One First Subdivision from the Economic Development Council of Buffalo County to the city. Assistant City Manager Brenda Jensen noted that the city already maintains the land and the transfer aligns with shared economic development goals. No public testimony. The resolution was adopted unanimously.
- Regular Agenda Items 1–4 – Second Readings of Rezonings (all approved unanimously):
- Ordinance No. 8637 – Rezone 116 & 118 West 27th Street and 2615 2nd Avenue from R-3 (Multi-Family) to UC (Mixed Use Urban Corridor). Applicant: Miller & Associates for Five Stones Investment Group.
- Ordinance No. 8638 – Rezone property west of Imperial Avenue and north of 45th Street from AG (Agricultural) to M-1 (Limited Industrial). Applicant: Buffalo Surveying Corp. for WWS Land, LLC.
- Ordinance No. 8639 – Conditional Use Permit for resource extraction on property zoned AG, west of 7310 2nd Avenue. Applicant: Buffalo Surveying Corp. for Blessing Premier Property, LLC.
- Ordinances No. 8640, 8641, 8642 – Rezone three tracts at 2050 East 39th Street from AG to R-2 (Mixed-Density), R-2/PD (Planned Development), and R-3 (Multi-Family). Applicant: Danny Starostka for Starostka Group Unlimited.
- Regular Agenda Items 5–6 – Amendment to GBOT Agreement (Kearney Investment Corp.): Resolution No. 2018-135A and Ordinance No. 8277A adopted, amending the legal description and map of the Enhanced Employment Area to reflect only developed land. Brenda Jensen confirmed no impact on anticipated revenue. Approved unanimously.
- Regular Agenda Items 7–8 – New GBOT Agreement (Younes Landing, LLC): Resolution No. 2023-127 and Ordinance No. 8645 adopted, creating a second GBOT district for the mixed-use Younes Landing development west of the lake (within CRA Area #8). The agreement imposes a 2% tax on hotel sales (est. $230,000/year) and a 1% tax on restaurant and retail sales (est. $240,000/year), total estimated $470,000/year. Over 20 years, this supports up to $9.4 million in financing; eligible expenses are estimated at $6.3 million, with $5.475 million in GBOT revenue requested for principal. The agreement starts January 1, 2025, with semi-annual payments. Approved unanimously.
- Regular Agenda Item 9 – One- & Six-Year Street Improvement Plan: Director of Public Works Andy Harder presented the plan. The major 2024 project is full reconstruction of Ida Street. The six-year plan includes 30th Avenue improvements (E to I), Avenue A near college, 39th Street improvements (development-driven), 39th Street from 17th to 22nd Avenue (arterial reconstruct), and 30th Avenue/Highway 30 intersection improvements in conjunction with NDOT and UNK (90% state-funded, estimated construction 2025). Total estimated spending over six years is about $25 million, with $6–10 million considered wish list. Council set a public hearing for September 12, 2023, to adopt the plan. Approved unanimously.
- Regular Agenda Item 10 – Open Account Claims to NPPD: Two claims totaling $161,523.24 ($47,407.58 and $114,115.66) were approved. Councilmember Kurt Schmidt abstained, citing a potential conflict (no further explanation given). The motion passed 4-0-1.
Key Outcomes
- Oath of Office administered to two new police officers.
- Ordinance No. 8644 (easement vacation) adopted unanimously.
- Resolution No. 2023-122 (property transfer from EDC) adopted unanimously.
- Consent agenda items 1–9 approved.
- Ordinance No. 8643 (salary ordinance) adopted unanimously.
- Rezonings (Ordinances 8637, 8638, 8639, 8640, 8641, 8642) all adopted unanimously.
- Resolution No. 2018-135A and Ordinance No. 8277A (GBOT amendment for Kearney Investment Corp.) adopted unanimously.
- Resolution No. 2023-127 and Ordinance No. 8645 (GBOT agreement for Younes Landing, LLC) adopted unanimously.
- Public hearing set for September 12, 2023, for the One- and Six-Year Street Improvement Plan.
- Open account claims to NPPD approved, with one abstention.
- Councilmember Tami James Moore commented on lot size and affordability, suggesting that smaller lots do not necessarily make homes more affordable; she requested justification for such claims. Councilmember Pete Kotsiopulos praised the new shooting range transition event and noted schools are back in session.
Meeting Transcript
If you'll uh please rise, we'll have a moment of silence followed by the presentation of colors from the uh police honor guard. Okay, thank you. And if we have the honor guard. They're down the hall. They're down the hall. Okay, please join us in a 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 under God, indivisible with liberty and justice for all. In accordance with section eighty-four fourteen twelve, the Nebraska revised statute is a current copy of the open meetings act that is available for views, posted on the wall of the council chamber. Should we take roll, please? Mayor Klaus. Here. Bushcutter. Here. Nicolas. Here. And Oral Communications. First item is uh Chief Waugh will administer the uh oath office and pinning of badges. We'll turn it over to you. Thanks, Mayor and Council. Uh if I can have officer switch daughter and all three more. It's another special uh evening for the Carney Police Department, and more importantly, um these two officers family. Um they're both going to be sworn in general as members of the Carney Police Department. I'll talk a little bit about each of them. Uh Grant Bushgutter, uh you probably recognize the name. Uh he's got a proud dad here in the room today, Captain's member Bushgarter uh is here with us as well as his mother Kim, and his kind of girlfriend Bethany is here. Um special moment we see all these other police officers in the room as well to support these two officers as they begin their careers with Carney Police Department. We're a family. Um Grant is an example of that as a family tradition of service to this community. Um started with your father, obviously uh serving this community on city council. Uh Grant was a Carney Catholic dragon. Um K, graduated UK, played football. There's a really cool picture out there. If you Google Grant Bush Cotter, you'll see a picture of him with the golden locks of hair. Uh in the football. So I that's a really fun picture. We'll have to use that someday, I'm sure, uh, throughout your career. I think he became an intern with the Carnegie Police Department during the time at UNK. Got exposed to a lot of the facts of the job. And we hired him on as a community service officer to learn more, uh, fit in really well, and then we hired him back in March to become a certified police officer, and he just graduated from Law Enforcement Academy after 15 weeks of of extensive training. And they'll go on for more training. This is Michael Reeves, another dedicated public service. You have the United States Army veteran. Um we hired Michael from he was currently previously employed at YRTC, uh supervisor, his wife 40 here, their children, Harrison and Dea, as well as a mother-in-law and his dad are here to join us today. Once again, showing that how important it is that our family is surrounded by us during these moments in our careers. Um I think both these young men are gonna be fine additions to our police department. Uh we are a family. Uh we'll take care of uh each other uh and we take care of this community with an extreme sense of pride and professionalism in it and both being gentlemen uh embody that uh so I wish you nothing but the best, and I'd like to ask for you work to uh present the uh oath of office. I do solemnly swearing swear.
openpublica.com