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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Kearney City Council Meeting – May 28, 2024

City Council — Tuesday, May 28, 2024

BodyKearney, Nebraska

SessionCity Council

DateTuesday, May 28, 2024

StatusFILED

Video Record

0:00 / 22:12

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:00

When Bushcutter, I think, was he on vacation.

0:02

I saw some things on Facebook look like he's having more fun than we're probably gonna have.

0:07

So anyway, um if you'll rise, we'll have a moment of silence and then pledge of allegiance.

0:22

Thank you.

0:25

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

0:29

And two thirds for which it stands one nation under God in individual liberty and justice for all.

0:37

In accordance with section 841412 of the Nebraska revised statute, it's a current copy of the open meetings act is available for me.

0:43

It's post on all the council chambers.

0:45

You take roll, please.

0:46

Mayor Cloudshutter absent layer.

0:49

Nicola.

0:51

And we have no oral communications and no unfinished business, so we'll go into public hearing one, which is postponed for the May 14th council meeting pertains to the application submitted by Justin Clinch, Clinch Storage LLC, and Oak Creek Engineering for Clinch Storage LLC for the final plan subdivision agreement for Clinch's tech park subdivision.

1:09

Planning commission recognition member approval do it.

1:13

Not justin, but uh good evening, Josh Gilverson Oak Creek Engineering.

1:18

Uh and so just tell us by project.

1:21

Um so the project was just to uh we didn't change any of the property lines for the existing parcel.

1:28

All we did is brought it in, gave it an actual subdivision name because it was just unplatted prior to this, and then um did the final zoning um changes needed for the city and everything and got everything lined up for the meetings.

1:41

So the council uh let's have any questions.

1:47

Okay, this is a public hearing, so anyway in the audience who wish to address public hearing one.

1:53

Oh okay.

1:54

Well, thank you.

1:55

So we have a motion.

1:56

I move to close public hearing one and move for the adoption of resolution number 2024-58 approving the final flat and subdivision agreement for Clinch's tech park subdivision.

2:04

Second.

2:05

One call, please.

2:06

Mayor Claus.

2:07

Aye.

2:07

Clear.

2:08

Nicola.

2:10

Aye, bushcutter absent.

2:12

Okay, there you go.

2:13

Thank you.

2:14

Uh consent agenda items one through eight.

2:17

Uh any item on the consent agenda might be request of any council member because they're a separate item.

2:22

Do we have the items that need to be removed?

2:25

Okay, do we have a motion?

2:26

I move to approve items one through eight of the consent agenda.

2:29

Second.

2:29

Roll call, please.

2:30

Mayor Claus.

2:31

Aye.

2:32

Nicola.

2:32

All right.

2:33

More.

2:33

Aye.

2:33

Bushcutter absent learned.

2:35

I think okay, and we have three consent agenda ordinances.

2:39

Uh ordinance number 8675 amends several sections of chapter 4 fire regulations.

2:44

Uh ordinance number 8676 amends several sections of Article 7, electricity of Chapter 9 Public Works.

2:51

And ordinance number 8677 amends several divisions and sections of Article 10 Plumbing Code and uh of Chapter 9 Public Works.

3:00

We have a motion.

3:01

I move for the adoptions of ordinances numbered 8675 through 8677, and that the statutory law requiring requiring reading of ordinances on three successive days be suspended.

3:12

That ordinance numbers 8675 through 8677 be read by number only and then placed on final passage.

3:18

Second roll call, please.

3:20

Mayor Claus.

3:20

Aye.

3:21

More.

3:21

Aye.

3:22

Bushcutter absent layer.

3:23

Nicolette.

Discussion Breakdown — Share of Meeting

Affordable Housing███████████████████████23%

Economic Development██████████████████18%

Fiscal Sustainability██████████████14%

Procedural████████████12%

Water And Wastewater Management██████████10%

Sports Facility Management██████████10%

Zoning and Land Use████████8%

Parks and Recreation█████5%

Summary of Proceedings

Kearney City Council Regular Meeting - May 28, 2024

The Kearney City Council met on May 28, 2024, at 5:30 p.m. in the City Council Chambers. Key actions included approval of a final plat subdivision, adoption of three code ordinances, authorization of $5.25 million in utility revenue bonds, and approval of three tax increment financing (TIF) redevelopment projects. Councilmember Randy Buschkoetter was absent for the entire meeting.

Public Hearing – Final Plat & Subdivision Agreement

Council held a public hearing (postponed from May 14, 2024) for the application of Clinch Storage, LLC for the Final Plat and Subdivision Agreement for Clinch's Tech Park Subdivision, located east of 625 East 1st Street. No public comment was offered. Council voted unanimously (4-0) to close the hearing and adopt Resolution No. 2024-58 approving the plat and agreement.

Consent Calendar

Items 1–8 were approved unanimously (4-0), including:
- Minutes of May 14, 2024
- Approval of claims
- Setting June 11, 2024 at 5:30 p.m. for public hearings on Planning Commission recommendations
- Rescinding Resolution No. 2024-56 (original TIF for Peanut Butter & Jelly, LLC)
- Adopting Resolution No. 2024-72 (Municipality Program Agreement with NDOT for a roundabout on US-30 at University Drive)
- Adopting Resolution No. 2024-73 (Payment No. 21 for WWTP Phase II Improvements, $1,040,969.32)
- Adopting Resolution No. 2024-74 (Professional Services Agreement with Olsson for roundabout final design)
- Adopting Resolution No. 2024-75 (Agency Agreement with NDOT Division of Aeronautics for airport project)

Consent Agenda Ordinances

Ordinances 8675, 8676, and 8677 were introduced, read by number, and passed on final passage unanimously (4-0). They amend:
- 8675: Fire Regulations – updating fire zones, adopting 2012 NFPA Fire Code with Nebraska amendments, and fire-damaged building removal criteria.
- 8676: Electric Code – updating inspector duties, registration, license renewal, adopting new Electrical Code edition, and repealing outdated sections.
- 8677: Plumbing Code – amendments to Uniform Plumbing Code 2021 edition, septic systems, oil interceptors, permits, licensing, and reciprocity.

Regular Agenda – Discussion Items

Ordinance No. 8678 – Combined Utilities Revenue Bonds, Series 2024: Public hearing not required; Bruce Lefler (Piper Sandler) explained the $5,250,000 bond issue to fund waterworks and sewer system improvements. The bonds will be rated by S&P to achieve lower interest rates (estimated 35–40 basis points savings, up to $100,000 over five years). Funds will be used for cost overruns on the wastewater treatment plant project. Council adopted the ordinance on first reading (4-0) and then passed it on final passage (4-0).
Resolution No. 2024-76 – TIF for Rutt’s Heating & AC, Inc.: Project at 4215 Patriot Blvd involves construction of two buildings (21,900 sq ft total) for office, shop, manufacturing, and warehouse. Estimated new valuation $3,313,920; incremental valuation $3,209,000; annual increment $58,186. CRA approved 90% increment for 15 years with certified eligible project costs of $684,950. Council approved the finding and adopted the resolution (4-0).
Resolution No. 2024-77 – Revised TIF for Peanut Butter & Jelly, LLC (Younes Development): Original application for one 24-unit complex was rescinded; replaced with amended application for two 24-unit complexes (121, 6 two-bedroom, 6 three-bedroom units each) at 1011 West 3rd Street. The developer declined a $750,000 Nebraska Affordable Housing Trust Fund grant. Total new valuation estimated $6,593,130; incremental $6,577,130; annual increment $119,258. CRA approved 90% increment for 15 years with certified eligible costs of $1,920,000. Craig Bennett (Millener Associates) presented site plans showing building orientation changes. Council approved the findings and adopted Resolution No. 2024-77 (4-0).
Resolution No. 2024-78 – TIF for Talmadge Jam, LLC (Younes Development): Project at 101 11th Avenue is a two-story golf venue (19,000 sq ft) on ~7 acres including a driving range, pickleball courts, putting greens, and restaurant. Estimated new valuation $3,834,830; incremental $3,755,695; annual increment $68,009. CRA approved 90% increment for 15 years with certified eligible costs of $1,150,000. Craig Bennett presented site plans and renders. Council approved the findings and adopted Resolution No. 2024-78 (4-0).
Open Account Claim to NPPD – $102,808.27: Council approved the claim (3-0; Mayor Nikkila abstained).

Key Outcomes

Adopted Resolution No. 2024-58 for Clinch’s Tech Park Subdivision (4-0).
Adopted Ordinances 8675, 8676, 8677 (fire, electric, plumbing code amendments) on final passage (4-0).
Adopted Ordinance No. 8678 authorizing $5.25 million Combined Utility Revenue Bonds (final passage 4-0).
Approved three TIF redevelopment projects (Resolutions 2024-76, 2024-77, 2024-78) all with 90% increment over 15 years (each 4-0).
Approved open account claim to NPPD (3-0).
Councilmember Buschkoetter was absent; all votes were unanimous among present members.

Adjournment

The meeting adjourned after councilmember reports and brief remarks about a memorial service at Kearney Cemetery.

Meeting Transcript

When Bushcutter, I think, was he on vacation. I saw some things on Facebook look like he's having more fun than we're probably gonna have. So anyway, um if you'll rise, we'll have a moment of silence and then pledge of allegiance. Thank you. I pledge allegiance to the flag of the United States of America. And two thirds for which it stands one nation under God in individual liberty and justice for all. In accordance with section 841412 of the Nebraska revised statute, it's a current copy of the open meetings act is available for me. It's post on all the council chambers. You take roll, please. Mayor Cloudshutter absent layer. Nicola. And we have no oral communications and no unfinished business, so we'll go into public hearing one, which is postponed for the May 14th council meeting pertains to the application submitted by Justin Clinch, Clinch Storage LLC, and Oak Creek Engineering for Clinch Storage LLC for the final plan subdivision agreement for Clinch's tech park subdivision. Planning commission recognition member approval do it. Not justin, but uh good evening, Josh Gilverson Oak Creek Engineering. Uh and so just tell us by project. Um so the project was just to uh we didn't change any of the property lines for the existing parcel. All we did is brought it in, gave it an actual subdivision name because it was just unplatted prior to this, and then um did the final zoning um changes needed for the city and everything and got everything lined up for the meetings. So the council uh let's have any questions. Okay, this is a public hearing, so anyway in the audience who wish to address public hearing one. Oh okay. Well, thank you. So we have a motion. I move to close public hearing one and move for the adoption of resolution number 2024-58 approving the final flat and subdivision agreement for Clinch's tech park subdivision. Second. One call, please. Mayor Claus. Aye. Clear. Nicola. Aye, bushcutter absent. Okay, there you go. Thank you. Uh consent agenda items one through eight. Uh any item on the consent agenda might be request of any council member because they're a separate item. Do we have the items that need to be removed? Okay, do we have a motion? I move to approve items one through eight of the consent agenda. Second. Roll call, please. Mayor Claus. Aye. Nicola. All right. More. Aye. Bushcutter absent learned. I think okay, and we have three consent agenda ordinances. Uh ordinance number 8675 amends several sections of chapter 4 fire regulations. Uh ordinance number 8676 amends several sections of Article 7, electricity of Chapter 9 Public Works. And ordinance number 8677 amends several divisions and sections of Article 10 Plumbing Code and uh of Chapter 9 Public Works.

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