OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Kearney City Council Meeting - April 23, 2024

City Council — Tuesday, April 23, 2024
BodyKearney, Nebraska
SessionCity Council
DateTuesday, April 23, 2024
StatusFILED
Video Record
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0:00

Allegiance.

0:09

Thank you.

0:10

So now we have members of the Carney Police Department honor guard.

0:13

They represent post the colors and then we'll follow that up with a pledge of allegiance.

0:26

Please and harms.

0:33

Okay.

0:33

Join us on the Pledge Allegiance.

0:35

I play allegiance to the flag of the United States of America.

0:39

And to the Republic for which it stands.

0:42

One nation under God, indivisible with liberty and justice for all.

0:47

Thank you.

0:53

In accordance with section 841412 of the Nebraska revised statute is a current copy of the open meetings act is available for you and is plus on a wall of council chambers.

1:01

Will you take role, please?

1:02

Mayor Klaus Cutter.

1:05

We're absent Nicola.

1:07

Here.

1:08

Okay.

1:09

So at this time we will have Chief Waugh and Police Officer Yaco Haining to the front.

1:17

And we'll admission the ultimate of office, too.

1:21

Sorry.

1:28

Well, here we are, another wonderful moment for first of all for Yaku and family, but also for the current police department and our Carney police family where we get to welcome a new member of our team.

1:40

It's always exciting.

1:41

So I'm going to share a little bit of a little bit about Yaqu.

1:44

He was born in Johannesburg, South Africa.

1:48

Pretty often.

1:50

That's a first for me.

1:52

And probably for us, Steven Garney.

1:54

Pretty cool.

1:54

Moved to Ogolala in the 12 with the family.

1:58

Attended Ogala Ogalawa High School.

2:01

Three years in the Army.

2:03

Active duty army airborne.

2:06

And stationed in Alaska.

2:11

Pretty awesome.

2:12

And then came back to Nebraska, went to UNK, studied criminal justice and political science.

2:19

He was an intern with Carney Police Department in 2023.

2:22

A very good intern.

2:25

And kind of helped us get through what a recruitment recruitment and retention campaign might look like with a 21st century candidate or student who's in college.

2:36

What would attract them to want to join the Carney Police Department?

2:39

So we really were appreciated the effort that you put into that project.

2:43

And then we hired him.

2:45

So we went to an intern, graduated in May from UN from UNK, went to the Academy in January, spent 16 weeks at the Nebraska Law Enforcement Training Center, where he graduated in April, April 12th.

2:56

Graduated.

2:57

He was awarded the firearms proficiency award for his class.

3:02

Expert in firearms, basically.

3:04

Right?

3:05

Not a big deal.

3:07

And it's just a really really great opportunity for us to be here with his girlfriend Mallory.

3:11

She's going to be putting his badge on and her and her parents are here as well.

3:17

We've got members of the police department here.

3:18

We've got another recruit that they got hired together with Caleb Holland.

3:22

He'll be going to the Academy next week.

3:24

So we're excited for that.

3:25

So with that, I would ask the city clerk to go ahead and administer the oath of office.

3:40

I do solemnly swear.

3:42

I do solemnly swear.

3:43

That I will support the Constitution of the United States.

3:48

And the Constitution of the State of Nebraska.

3:51

And the Constitution of the State of Nebraska.

3:53

Against all enemies foreign and domestic.

Discussion Breakdown — Share of Meeting
Zoning and Land Use███████████████████████████████████████████43%
Public Safety█████████████████17%
Engineering And Infrastructure████████████12%
Procedural████████8%
Personnel Matters███████7%
Economic Development███████7%
Affordable Housing██████6%
Summary of Proceedings

Kearney City Council Meeting - April 23, 2024

At its regular meeting on April 23, 2024, at 5:30 p.m., the Kearney City Council conducted routine business, held multiple public hearings, and approved a series of development projects, tax increment financing (TIF) agreements, the appointment of a permanent city manager, and other administrative items. All votes were unanimous unless otherwise noted.

Consent Calendar

  • Approved the minutes of the April 9, 2024 regular meeting.
  • Approved the claims (no specific amount listed).
  • Received recommendations from the Planning Commission and set May 14, 2024 at 5:30 p.m. as the hearing date for applicable applications.
  • Authorized the Mayor to execute a Release of a 60.00-foot Permanent Right-of-Way & Utility Easement (Resolution 2024-38) and a Release of a Storm Water Detention Cell Easement (Resolution 2024-39), both granted by Timothy J. Norwood, Sr., Member of Fox Creek Development, LLC.
  • Adopted Resolution 2024-51 approving Amendment No. 3 to the Consultant Agreement with Alfred Benesch and Company for the Box Hangar project at Kearney Regional Airport, adding 42 additional days of observation/administration (contingent on FAA concurrence).
  • Adopted Resolution 2024-52 approving Change Order No. 1 (increase of $4,829.75) for the Box Hangar construction (AIP Project 3-31-0045-039 (BIL)).
  • Approved the Household Hazardous Waste Disposal Contract between the City and Tradebe.
  • Adopted Resolution 2024-53 approving Change Order No. 5 (decrease of $24,776.76 and six additional calendar days to Phase 1) for the Box Hangar (AIP Project 3-31-0045-035 (CARES)).
  • Adopted Resolution 2024-54 approving Application and Certificate for Payment No. 20 ($366,438.57) for the WWTP Phase II Improvements/Water Resource Recovery Facility.

Discussion Items

Oath of Office and Proclamation

  • Administered the Oath of Office to new Kearney Police Officer Jaco Henning, a graduate of the Nebraska Law Enforcement Training Center (graduated April 12, 2024) who received a firearms proficiency award. His girlfriend Mallory pinned his badge.
  • Presented a Proclamation declaring May 12–18, 2024 as National Police Week 2024 and May 15, 2024 as Peace Officers Memorial Day in Kearney. Chief Waugh noted the upcoming addition of two Buffalo County deputies to the National Law Enforcement Officers Memorial and the recent passing of retired Captain Don Dreyer.

Public Hearings – Arbor View Fourth Development (Items III-2 through III-5)

  • Craig Bennett of Miller & Associates presented a proposal by Fox Creek Development, LLC for the Arbor View Fourth subdivision. The project includes rezoning 0.98 acres from AG to R-1 and 8.06 acres from AG to R-1D (duplex), a final plat of 40 acres, and annexation. The revised preliminary plat realigned 65th Street as a collector street, reducing the total lot count from 157 to 142 lots, but the R-1D zoning allows duplexes, potentially restoring the total unit count to 157. The council expressed appreciation for the street connectivity planning. No public testimony was offered. The council approved all four items: Ordinance 8663 (rezoning to R-1), Ordinance 8664 (rezoning to R-1D), Resolution 2024-37 (final plat), and Resolution 2024-40 (annexation).

Public Hearings – Younes Center Tenth Addition (Items III-6 through III-10)

  • Craig Bennett presented a 73-acre commercial development (Younes Center Tenth Addition) by Talmadge JAM, LLC and Peanut Butter & Jelly, LLC, located north of Talmadge Street between 10th and 15th Avenues. The project includes: amendment of the Land Use Map from LDR to COM; rezoning 57.28 acres from AG to C-2 and 1.61 acres from RR-1 to C-2; vacation of Lot 1, Gealy’s Addition; a final plat with 12 lots and 4 outlots; and annexation of 49 acres. The plat includes provisions for future road connectivity, including a potential bridge crossing the north channel of the Platte River. The council discussed alignment with 16th Avenue versus 15th Avenue. No public testimony was offered. All items were approved: Resolution 2024-48 (land use amendment), Ordinance 8668 (rezoning of 1.61 acres), Ordinance 8669 (rezoning of 57.28 acres), Ordinance 8670 (vacation), Resolution 2024-49 (final plat), and Resolution 2024-50 (annexation).

Regular Agenda – TIF for 922 Enterprises – Kearney Storage (Item VI-1)

  • Finance Director Kayla James presented a TIF application for a storage facility at 1112 East 20th Street. The project involves six single-story storage buildings (23,959 sq. ft.) with 155 storage bays. Estimated new valuation: $702,365; incremental valuation: $616,840; annual increment: $11,185. The Community Redevelopment Authority (CRA) approved 90% of the annual increment for up to 15 years (tax year 2024), not to exceed $696,636 in eligible costs. The council approved Resolution 2024-55.

Regular Agenda – TIF for Younes Development (Peanut Butter & Jelly, LLC) – Apartment Complex (Item VI-2)

  • Kayla James presented a TIF application for a three-story, 24-unit market-rate apartment complex at 1011 West 3rd Street. The complex will include 12 one-bedroom, 6 two-bedroom, and 6 three-bedroom units. The developer received a $750,000 Nebraska Affordable Housing Trust Fund grant; 19 of 24 units will be income-qualified. Estimated new valuation: $3,308,600; incremental valuation: $3,284,565; annual increment: $59,557. The CRA approved 90% of the annual increment for up to 15 years, not to exceed $960,000 in eligible costs. The council approved Resolution 2024-56.

Regular Agenda – City Manager Employment Agreement (Item VI-3)

  • The council approved Resolution 2024-57, adopting an employment agreement with Brenda Jensen as permanent City Manager, effective May 1, 2024. The three-year contract includes an annual salary of $195,000, an automobile allowance, and benefits comparable to other city staff plus an additional ICMA retirement contribution. The agreement is subject to annual review.

Regular Agenda – Open Account Claim to NPPD (Item VI-4)

  • The council approved an open account claim to NPPD in the amount of $92,890.56.

Key Outcomes

  • Oath of Office administered to Officer Jaco Henning.
  • National Police Week Proclamation adopted.
  • All four Arbor View Fourth development items (rezoning, final plat, annexation) approved unanimously.
  • All six Younes Center Tenth Addition items (land use amendment, rezoning, vacation, final plat, annexation) approved unanimously.
  • TIF for Kearney Storage (922 Enterprises) approved: 90% of increment for 15 years, up to $696,636.
  • TIF for Younes Development apartment complex approved: 90% of increment for 15 years, up to $960,000.
  • Brenda Jensen appointed as permanent City Manager under a three-year contract at $195,000/year.
  • Open account claim to NPPD for $92,890.56 approved.
  • All consent agenda items (1–10) approved unanimously.

Meeting Transcript

Allegiance. Thank you. So now we have members of the Carney Police Department honor guard. They represent post the colors and then we'll follow that up with a pledge of allegiance. Please and harms. Okay. Join us on the Pledge Allegiance. I play 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. Thank you. In accordance with section 841412 of the Nebraska revised statute is a current copy of the open meetings act is available for you and is plus on a wall of council chambers. Will you take role, please? Mayor Klaus Cutter. We're absent Nicola. Here. Okay. So at this time we will have Chief Waugh and Police Officer Yaco Haining to the front. And we'll admission the ultimate of office, too. Sorry. Well, here we are, another wonderful moment for first of all for Yaku and family, but also for the current police department and our Carney police family where we get to welcome a new member of our team. It's always exciting. So I'm going to share a little bit of a little bit about Yaqu. He was born in Johannesburg, South Africa. Pretty often. That's a first for me. And probably for us, Steven Garney. Pretty cool. Moved to Ogolala in the 12 with the family. Attended Ogala Ogalawa High School. Three years in the Army. Active duty army airborne. And stationed in Alaska. Pretty awesome. And then came back to Nebraska, went to UNK, studied criminal justice and political science. He was an intern with Carney Police Department in 2023. A very good intern. And kind of helped us get through what a recruitment recruitment and retention campaign might look like with a 21st century candidate or student who's in college. What would attract them to want to join the Carney Police Department? So we really were appreciated the effort that you put into that project. And then we hired him. So we went to an intern, graduated in May from UN from UNK, went to the Academy in January, spent 16 weeks at the Nebraska Law Enforcement Training Center, where he graduated in April, April 12th. Graduated. He was awarded the firearms proficiency award for his class. Expert in firearms, basically. Right? Not a big deal. And it's just a really really great opportunity for us to be here with his girlfriend Mallory. She's going to be putting his badge on and her and her parents are here as well. We've got members of the police department here.

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