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Record of Proceedings

Kearney City Council Meeting – October 10, 2023: Postponements, Property Acquisition Approved

City CouncilTuesday, October 10, 2023
BodyKearney, Nebraska
SessionCity Council
DateTuesday, October 10, 2023
StatusFILED
Video Record

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Transcript — Verbatim
0:00

Well our city council meeting.

0:01

Uh the council uh will begin with a moment of silence.

0:04

Please stand.

0:15

Thank you.

0:15

And now join us with the Pledge of Allegiance.

0:19

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

0:26

One nation under God.

0:28

Indivisible with liberty and justice for all.

0:35

In accordance with section 84-1412 of the Nebraska revised statutes, a current copy of the Open Meetings Act is available for review and posted on the wall of the council chambers.

0:45

Peggy, please call roll.

0:46

Mayor Claus absent bushcutter.

0:48

Here Nicolette Moore absent.

0:52

There are no oral communications, and there also is no unfinished business, which brings us to public hearings one and two, which pertain to the development of Buffalo Island second subdivision located at 77 Sweetwater Avenue.

1:04

And that has been requested to be postponed until October 24th, 2023.

1:09

Therefore, I need a motion to postpone.

1:11

I move to postpone public hearings one and two pertaining to the development of Buffalo Island second subdivision until October 24th, 2023.

1:19

Second.

1:19

Motion and second, please call roll.

1:21

Mayor Claus absent Lear.

1:23

Aye.

1:23

Nicolette.

1:24

More absent bushcutter.

1:26

Aye.

1:28

Public hearings three through five pertain to the development of Stone Creek 2nd, located at the southwest corner of 2nd Avenue and 98th Street, which has been requested to be postponed as well until October 24th, 2023.

1:41

Therefore, I need a motion to postpone.

1:43

I move to postpone public hearings three through five pertaining to the development of Stone Creek second until October 24th, 2023.

1:49

And I second.

1:50

Peggy, please call roll.

1:51

Mayor Class absent Nicolette.

1:53

Aye.

1:53

More absent bushcutter.

1:55

Lear.

1:56

Aye.

1:57

All right.

1:58

Public hearing number six is the proposed acquisition of lot five, block two, Tony H edition.

2:04

And presentation by Mr.

2:07

Ty.

2:08

Um Vice Mayor and members of council.

2:12

Uh Michael Ty, City Attorney, 1419 Central Avenue.

2:16

Um, as you know, statute uh Nebraska statutes require that you have a public hearing whenever you are going to be receiving a deed or acquiring property.

2:27

Um as you know, you've already seen the uh the purchase agreement with reference to this parcel.

2:32

Um this would be a purchase of approximately 5.82 acres of the property uh right next to the 30th Avenue overpass.

2:42

Um and uh city staff's been able to negotiate a purchase price of 299,152 dollars.

2:50

And uh uh that purchase would um then close once the title work is complete and would be transferred to the city if you vote in favor.

3:00

So that's what I have for you this evening.

3:02

And among other things, this would be storage area for snow and snow events and that sort of thing.

3:07

Yes, correct.

3:08

I have two brief questions.

3:09

Do we I could have looked it up?

3:10

My apologies I didn't.

3:11

Do we own the land on the west side of the do we own that land between Steinbrinks and no, we don't?

3:17

No.

3:17

So when we say expansion, do we just mean area to stage construction crews at what point we do expand?

3:24

Is that what you mean by needing for expansion?

3:26

Yes, right.

3:27

Okay, yes.

3:28

And and also owning that property would give you the you know the authority to if you if you needed to expand it since since you have title to it.

3:37

Right.

3:38

Um you wouldn't have to acquire any additional right-of-way or anything depending on it on what you do with that overpass.

3:44

But the overpass isn't gonna extend all the way into that area, but the area would be used for like I said, if you have a lot of work being done, you can okay stage.

Discussion Breakdown — Share of Meeting
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Summary of Proceedings

Kearney City Council Meeting – October 10, 2023

The Kearney City Council met on October 10, 2023, at 5:30 p.m. in City Council Chambers. The meeting began with a moment of silence, Pledge of Allegiance, and roll call (Mayor Claus and Council Member Moore were absent). The council addressed three sets of public hearings—two groups postponed to October 24, 2023, and one held for a property acquisition—then approved all consent agenda items and adjourned. No oral communications or regular agenda items were considered.

Public Hearings

  • Public Hearings 1 & 2 (Buffalo Island 2nd Subdivision, 77 Sweetwater Avenue): Postponed to October 24, 2023, by unanimous vote (3 ayes: Learned, Nicolette, Buschkoetter; Mayor Claus and Moore absent).
  • Public Hearings 3, 4 & 5 (Stone Creek 2nd Subdivision, southwest corner of 2nd Avenue and 98th Street): Postponed to October 24, 2023, by unanimous vote (4 ayes: Learned, Nicolette, Buschkoetter, Lear; Mayor Claus and Moore absent).
  • Public Hearing 6 (Acquisition of Lot 5, Block 2, Tony H. Addition): City Attorney Michael Ty presented the proposed purchase of approximately 5.82 acres adjacent to the 30th Avenue overpass for $299,152. The property would be used for snow storage and staging for future road expansion, avoiding eminent domain. Staff negotiated the price, and closing would occur after title work. Council Member Learned asked about adjacent land ownership; Ty confirmed the city does not own land to the west (between Steinbrinks) and that owning this parcel would provide flexibility for future overpass expansion. No public testimony was offered. The hearing was closed, and Resolution No. 2023-148 approving the acquisition was adopted unanimously (3 ayes: Buschkoetter, Lear, Nicolette; Mayor Claus and Moore absent).

Consent Agenda

  • Items 1–6 approved unanimously:
    • Approval of minutes from September 26, 2023.
    • Approval of claims.
    • Resolution No. 2023-149 establishing a weapons policy on city property per Neb. Rev. Stat. §28-1202.01(3)(5).
    • Acceptance of bid for a sanitation rear-loading refuse compactor truck from Elliott Sanitation Equipment for $240,000.
    • Resolution No. 2023-150 approving Change Order No. 3 (-$121,090) with Sampson Construction for the Kearney Regional Airport box hangar (AIP Project No. 3-31-0045-035).
    • Resolution No. 2023-151 approving Certificate for Payment No. 13 ($2,090,158.71) to John T. Jones Construction for WWTP Phase II / Water Resource Recovery Facility.

Key Outcomes

  • Public hearings 1–5 postponed to October 24, 2023.
  • Resolution No. 2023-148 adopted authorizing purchase of 5.82 acres (Lot 5, Tony H. Addition) for $299,152 for snow storage and future road expansion staging.
  • All six consent agenda items approved including routine approvals, a weapons policy, a refuse truck purchase, and two construction-related resolutions.
  • No other business was discussed; the meeting adjourned after roll call on the adjournment motion (unanimous).

Meeting Transcript

Well our city council meeting. Uh the council uh will begin with a moment of silence. Please stand. Thank you. And now join us with the Pledge of Allegiance. I pledged 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 84-1412 of the Nebraska revised statutes, a current copy of the Open Meetings Act is available for review and posted on the wall of the council chambers. Peggy, please call roll. Mayor Claus absent bushcutter. Here Nicolette Moore absent. There are no oral communications, and there also is no unfinished business, which brings us to public hearings one and two, which pertain to the development of Buffalo Island second subdivision located at 77 Sweetwater Avenue. And that has been requested to be postponed until October 24th, 2023. Therefore, I need a motion to postpone. I move to postpone public hearings one and two pertaining to the development of Buffalo Island second subdivision until October 24th, 2023. Second. Motion and second, please call roll. Mayor Claus absent Lear. Aye. Nicolette. More absent bushcutter. Aye. Public hearings three through five pertain to the development of Stone Creek 2nd, located at the southwest corner of 2nd Avenue and 98th Street, which has been requested to be postponed as well until October 24th, 2023. Therefore, I need a motion to postpone. I move to postpone public hearings three through five pertaining to the development of Stone Creek second until October 24th, 2023. And I second. Peggy, please call roll. Mayor Class absent Nicolette. Aye. More absent bushcutter. Lear. Aye. All right. Public hearing number six is the proposed acquisition of lot five, block two, Tony H edition. And presentation by Mr. Ty. Um Vice Mayor and members of council. Uh Michael Ty, City Attorney, 1419 Central Avenue. Um, as you know, statute uh Nebraska statutes require that you have a public hearing whenever you are going to be receiving a deed or acquiring property. Um as you know, you've already seen the uh the purchase agreement with reference to this parcel. Um this would be a purchase of approximately 5.82 acres of the property uh right next to the 30th Avenue overpass. Um and uh city staff's been able to negotiate a purchase price of 299,152 dollars. And uh uh that purchase would um then close once the title work is complete and would be transferred to the city if you vote in favor. So that's what I have for you this evening. And among other things, this would be storage area for snow and snow events and that sort of thing. Yes, correct. I have two brief questions. Do we I could have looked it up? My apologies I didn't.

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