Kearney City Council Meeting – May 14, 2024
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Kearney City Council Meeting – May 14, 2024
The Kearney City Council met on May 14, 2024, at 5:30 p.m. in City Council Chambers. The meeting included public hearings on a conditional use permit for resource extraction, a final plat (postponed), code amendments for agricultural and civic uses, and five utility easements. The council also approved a 12-item consent agenda and a claim against NPPD. No oral communication was received.
Consent Calendar
- Approved minutes of the April 23, 2024 regular meeting.
- Approved claims.
- Approved the City of Kearney and RYDE Vehicle Gasoline Purchase Agreement (Resolution No. 2024-64).
- Adopted Resolution No. 2024-65 for a change order increasing the SportsPlex exterior signage project by $18,500.
- Adopted Resolution No. 2024-66 approving the Developer Constructed Infrastructure Agreement for Younes Center Tenth Addition.
- Adopted Resolution No. 2024-67 accepting public improvements for Fountain Hills – 54th Street and 15th Avenue.
- Approved the sale of three surplus equipment pieces by the most advantageous method.
- Adopted Resolution No. 2024-68 approving an interlocal agreement with UNK for a roundabout at University Drive and Highway 30.
- Adopted Resolution No. 2024-69 approving the real estate purchase agreement for lots in Patriot Industrial Park.
- Adopted Resolution No. 2024-70 approving payments to Midlands Contracting for booster pump station improvements ($32,587.92 and $133,786.97).
- Adopted Resolution No. 2024-71 approving a consultant agreement for the Airport Apron Reconstruction Project.
- Approved the two-year renewal of Conditional Use Permit No. 2000-07 for Broadfoot Sand & Gravel’s clay extraction operation at 70th Street and 30th Avenue.
Public Comments & Testimony
- No members of the public addressed the council during any public hearing or the general oral communication period.
Discussion Items
- Public Hearing 1 – Conditional Use Permit for Resource Extraction: Charlie Isaac of BBB Rentals LLC presented plans for a resource extraction operation at 6880 30th Avenue, describing berms and buffers to control dust, noise, and runoff. He stated most material would go to Unis on the south side of town. The Planning Commission had recommended approval subject to 17 conditions. Council members expressed no concerns. The ordinance (No. 8671) was adopted.
- Public Hearing 2 – Clinch’s Tech Park Subdivision Final Plat: On a motion by Council Member Moore, seconded by Council Member Lear, the council voted unanimously to postpone this hearing to the May 28, 2024 meeting.
- Public Hearing 3 – Code Amendments for Agricultural and Civic Uses: Melissa Dordy O’Hara, Assistant Director of Development Services, explained the proposed amendments to the Unified Land Development Ordinance. Changes include adding definitions for aquaculture, community gardens, and aquaponics greenhouses; allowing accessory retail sales for additional agricultural uses; permitting urban farming by right in BP, M1, and M2 zones; and updating the use matrix. Council members praised the forward-looking approach. The three ordinances (Nos. 8672–8674) were adopted.
- Public Hearings 4–8 – Easement Acquisitions: Sarah Solan, Assistant Utilities Director, presented five easements (two utility, two storm sewer, one sanitary sewer) from Grand West LLC and Anna L. Stehlik, Trustee, to capture infrastructure built outside existing easements at 54th Street and 15th Avenue. Each hearing was closed, and the corresponding resolutions (Nos. 2024-59 through 2024-63) were adopted unanimously with separate votes.
- Regular Agenda – Open Account Claim to NPPD: The council considered a claim of $3,326.00 to Nebraska Public Power District. Council Member Claus abstained; the remaining four members voted aye. The claim was approved.
Key Outcomes
- Conditional Use Permit Approved: Ordinance No. 8671 was adopted (5-0) for resource extraction at 6880 30th Avenue, subject to 17 conditions.
- Public Hearing Postponed: Hearing on Clinch’s Tech Park Subdivision was postponed to May 28, 2024.
- Code Amendments Adopted: Ordinances Nos. 8672, 8673, and 8674 were passed (5-0 each), revising agricultural and civic use regulations.
- Five Easements Approved: Resolutions Nos. 2024-59 through 2024-63 were each adopted (5-0) to acquire utility, storm, and sanitary sewer easements.
- Consent Agenda Approved: All 12 items passed unanimously (5-0).
- NPPD Claim Approved: The open account claim to NPPD was approved (4-0-1, with Mayor Claus abstaining).
Reports
- Council Member Moore reported that bid proposals for the Essential Air Service (EAS) at Kearney Regional Airport are expected by the end of the week or early next week, pending FAA legal review.
Adjournment
The meeting adjourned by unanimous vote.
Meeting Transcript
With silence and then the Pledge of Allegiance. Thank you. Now join us in the Pledge of Allegiance. I pledge allegiance due to the flag of the United States of America. And to the republic for which it stands. One nation under God, individual with liberty and justice for all. In accordance with section 84 1412 of the Nebraska revised statutes, the current copy the open meetings act is available for you. It's posted all in the council chambers. We take roll, please. Mayor Klaus. Here. Bushcutter. Yeah. Clear. President. Nicola. Here. More here. And we have no oral communication and no unfinished business. We'll move right into public hearing one. And it pertains to the application submitted by Charlie Isick for BBB Reynolds LLC for conditional use permit for a resource extraction operation located at 6880 30th Avenue. Planning Commission recommended approval of the conditional use permit, subject to the 17 conditions detailed in ordinance number 8671. Charlie. Thank you. And we're gonna we're gonna work west and get to the west end of the red box, and then we're gonna start working on the north part so that way we can keep that buffer on the north side, just keep the neighbors happy. We can control our dust and can just contain everything, having that buffer to stop the wind, stop the noise. Um this is just some pictures from the street. Um it shows we we put a berm up there to catch any silt runoff. That way we can keep everything on our property and not send it down the down the drain, make a mess for anybody else. Um keep all of our neighbors happy and work with everybody and um most of the dirt's going down to unis is down on the south side of town. That's who we've been working with, so any questions? Trying. Yeah, okay. Uh any questions from council and you're familiar with the 17 conditions, all good there. Yes, okay. Okay, anything else from council? Okay, this is a public hearing. Is there anyone in the audience who wishes to address public hearing one? Okay, do we have a motion? Oh I move to close public hearing one and move for the adoption of ordinance number 8671 approving the conditional use permit for resource extraction operation on property zoned district ag agricultural district located at 6880 30th Avenue, subject to the 17 conditions detailed in the ordinance, and that the statutory law requires reading ordinances on three successive days be suspended at ordinance number 8671 be rebbin number only and then placed on final passage. Second, roll call, please. Mayor Claus Nicolette Moore. Aye, Bush Cutter, ordinance number 8671. I move that ordinance number 8671 be passed, approved, and published as provided by law. Second roll call, please. Mayor Claus. Hi Nicola. Moore. Aye, Bush Cutter, Lear. Okay, thank you.
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