Kearney City Council Meeting - October 8, 2024: Rezonings, Approvals, and NPPD Update
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Kearney City Council Meeting - October 8, 2024
The Kearney City Council met on October 8, 2024, at 5:30 p.m. in City Council Chambers. The council conducted public hearings on two rezoning and development plan applications, unanimously approved a consent agenda including multiple routine items and a salary ordinance, and received an informational presentation from Nebraska Public Power District (NPPD) on a 115 kV transmission line project.
Consent Calendar
- Approved minutes of the September 24, 2024 regular meeting.
- Approved the claims.
- Authorized the Mayor to send a letter of no recommendation to the Nebraska Liquor Control Commission for a new liquor license and manager application for Speedee Mart 2765.
- Adopted Resolutions 2024-141 and 2024-142 authorizing the City to join with NPPD as co-applicant to the Nebraska Power Review Board for amendments to NPPD’s retail service area to include annexed land (Arbor View Second and Third).
- Adopted Resolution 2024-143 approving a keno-type lottery operation at The Crafty Dog, Inc.
- Adopted Resolution 2024-144 approving a Developer Constructed Infrastructure Agreement for Saadi First Addition.
- Adopted Resolution 2024-145 continuing the City Attorney agreement with Tye & Rowling, PC, LLO.
- Approved the purchase of a 2025 Western Star 47X dump truck for $217,747.00 and a 2025 ALTEC DM47E derrick truck for $310,905.00.
- Approved Resolution 2024-97A rescinding a prior Developer Constructed Infrastructure Agreement due to ownership change.
- Approved an addendum item: purchase of updated taser equipment from Axon Enterprises, Inc. for $384,970.00 for the Kearney Police Department.
- Approved Ordinance No. 8700 repealing Ordinance No. 8695 and amending the salary ordinance for pay plan adjustments.
Public Comments & Testimony
- No members of the public addressed the council during the public hearings.
Discussion Items
- Public Hearings 1 & 2 – Rezoning and Planned Development Plan for 1122 Avenue B (UPS Facility): The applicant, Lee Fly/Powers Brown Architecture on behalf of G.S.E.-Kearney (owner), requested rezoning from M-1 Limited Industrial to M-1/PD Limited Industrial/Planned Development Overlay and approval of a Planned District Development Plan for a 190’ x 300’ lot. A deviation from the standard 25-foot setback to 12.5 feet along Avenue A was sought. Proposed improvements include a permanent building addition, three 35-foot-wide concrete driveways, landscaping with seven trees and shrubs, 130 linear feet of PVC fencing to screen adjacent residences, and an enclosed trash bin. The Planning Commission recommended approval. Council members addressed a neighbor’s concern about sight lines at access points, which will be reviewed during the building permit process. The council closed the public hearing and voted unanimously to adopt Ordinance No. 8697 (rezoning) and Resolution No. 2024-139 (development plan approval).
- Public Hearings 3 & 4 – Rezoning, Vacation, and Final Plat for Woodward 46th Avenue Second Subdivision: The applicant, Buffalo Surveying Corp. for Marcile M. Woodward (trustee) and Joel Woodward (owners), requested: (1) rezoning of a 7.38-acre tract from AG (Agricultural) to RR-2 (Rural Residential) (Ordinance No. 8698); (2) vacation of Lot 1, Woodward 46th Avenue Subdivision (Ordinance No. 8699); and (3) approval of the final plat and subdivision agreement for Woodward 46th Avenue Second Subdivision, creating two lots of 5.55 acres and 4.14 acres (Resolution No. 2024-140). The property is located 1/2 mile north of 56th Street and 46th Avenue. The applicant noted that both parcels already have development (houses and buildings). The council closed the public hearing and voted unanimously to adopt the ordinances and resolution.
- NPPD Presentation and Update on 115 kV Transmission Project: Paul Bruning of NPPD provided an informational update. The project is driven by Kearney’s growth and need for additional capacity. Construction is beginning, with materials staged at the county fairgrounds. Watts Electric Company of Waverly, Nebraska is the contractor. Key contacts: Brian Smith (NPPD senior project coordinator), Troy Barger (field quality), and Jeff Honis (land management). Foundation work will start mid-November, with wood poles being hauled to Kearney the following week. The project is expected to be completed by spring 2025, with construction continuing through winter to minimize crop damage. Safety was emphasized, with daily hazard meetings and coordination with the Kearney Police Department on traffic control, particularly on 30th Avenue. The presentation was for information only; no action was taken.
Key Outcomes
- All votes on consent agenda items, public hearing ordinances, and resolutions were unanimous. Roll call votes recorded: Mayor (referred to as “Mayor Klaus” in transcript) and Council Members Moore, Buschkoetter (“Bush Cutter”), and Lear (likely a transcription error for a council member; all voted “aye”). Council Member Nikkila was absent.
- Next steps: The approved rezonings and development plans will proceed with building permits and finalization of subdivision records. The NPPD transmission project will continue construction through winter with completion targeted for spring 2025.
Meeting Transcript
Thank you. Now 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. Thank you. In accordance with section 841412, the Nebraska revised statutes the current copy of the open meetings act is available for review and is posted on the wall of the council chambers. Will you take roll, please? Mayor Klaus. Bush Cutter. Present. Nicola Absent Moore. Yeah. Okay, we have no oral communication, no unfinished business. So we'll move right in public hearings one and two, and they can be discussed together but voted on separately. And they pertain to the application submitted by Leafly and Powers Brown Architecture, the applicant for GSE Carney for property located at 1122 Avenue B, Planning Commission recommended approval. Good evening, Mr. Mayor and Council. Thanks for letting me come tonight and present. So I represent Leafly as the applicant and Joe, our landlord is uh as the owner of the building. Um Tom Murphy with Center Point Integrated Solutions, and that's why I'm representing Lee Fly, who's powers Brown architects and Kimley as well. We're seeking rezoning from the M1 limited industrial to M1 plan development and a deviation from the code for the setback along Avenue A, which we would take from 25 feet to 12 and a half feet. If we look at the existing properties since uh here so since 1983, we at least this 6500 square foot uh pre-engineered metal building, and sometime we added this modular unit on there, and then uh we came in uh 19. I'm sorry, in 2017, and we said, hey, can we put this temporary little uh portable distribution center on there for peak season in October and take it off in January? And as they pointed out to me at the planning commission, that's been sitting there ever since then. So apologize for that on behalf of UPS. Um we uh had a discussion with the DRT. Thanks, Melissa, and they had some suggestions for things that would enhance our ability to do the rezone and to get the uh the deviation in the setback. So our planned improvements then would be that so we're gonna add this permanent uh addition to that modular unit. It will be 12 and a half feet off of this the the uh right of way there, the setback. So we will add, well, first of all, we'll fix all the curbs and sidewalks that uh all our trucks have busted up over the years. We'll put in three 35 foot wide concrete driveways, permanent driveways, landscape, everything in between, grass and irrigation, and we're gonna add seven nice trees and then a bunch of bushes. We are going to put in a hundred and thirty linear feet of PVC fence to help uh screen that from our residential neighbors to the north and take our uh trash bin that's out there and put a nice uh closed enclosure down at that end of the property. That's what any questions have any any questions on that. Well, the one comment from a neighbor was um Mr. Babel and he had a little discussion about sight lines with the landscaping. Has that been addressed? Have we kind of figured out how to handle that? It's something that I know during the building permit process that they will look at because of the trees are at access points and um I suppose not too close to an intersection to access points onto the site. So something that tree type, all of that will be taken into consideration. Yes, okay, yep. And that'll be addressed at that time then. Yeah, so that's that's what's in questions, not the buildings, it's uh landscaping. That was Mr. Babel's thought, yes. Okay, and we agreed with him that when we get our driveways in here, we're gonna quit uh in using an encroaching on his personal driveway over there. Okay, uh any other questions from council. Okay, this is a public hearing. Does anyone uh in the audience wish to address public hearings one and two okay? Do we have a motion then? I move to close public hearing one and move for the adoption of ordinance number eighty-six ninety-seven rezoning property located at 1122 Avenue B from District M1 Limited Industrial District to District M1 PD, limited industrial district, plan development overlay district, and that's a statutory law requiring reading of ordinances on three successive days be suspended that ordinance number 8697 be read by number only and then placed on final passage.
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