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Kearney, Nebraska

May 23, 2006

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on May 23, 2006, in the Council Chambers at City Hall.  Present were: Randy Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk; Council Members Don Kearney and Stan Clouse. Absent: Galen Hadley and Bruce Lear.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to the City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Bob Lammers, Marvion Reichert, Leonard Skov, Greg Barney, Mike Konz from Kearney Hub, and Paul Wice from KGFW Radio.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

The Council held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Zach Seton and Zach Keating from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LAND USE MAP AMENDMENT – 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD

 

The public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road) will remain on the table until June 13, 2006. Therefore, no action was taken.

 

REZONING – 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD

 

The public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road) will remain on the table until June 13, 2006. Therefore, no action was taken.

 

FINAL PLAT – VOGT SUBDIVISION

 

The public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) for final plat approval and Subdivision Agreement for “VOGT SUBDIVISION” a subdivision being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road) will remain on the table until June 13, 2006. Therefore, no action was taken.

 

REZONING – WEST OF THE INTERSECTIONS OF 67TH STREET AND AVENUE N AND 69TH STREET AND AVENUE N

 

The public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) and Jeffrey Sikes for TWL, LLC (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Northeast Quarter of the Northeast Quarter of  Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.62 acres, more or less, of which 0.87 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (west of the intersections of 67th Street and Avenue N and 69th Street and Avenue N) will remain on the table until June 13, 2006. Therefore, no action was taken.

 

CONDITIONAL USE PERMIT – 1308 WEST 24TH STREET

 

The public hearing on the Application submitted by Jeffrey Overturf for PABO, LLC (Applicant) and Bob Wilson (Owner) for a Conditional Use Permit to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street) will remain on the table until June 13, 2006. Therefore, no action was taken.

 

PROPOSED ACQUISITION OF RIGHT-OF-WAY ON 39TH STREET EAST OF 2ND AVENUE

 

Vice-President Buschkoetter opened the public hearing on the proposed acquisition for right-of-way purposes in connection with Phase I of the 39th Street Improvement Project of the following tracts of land and to consider approval of Resolution No. 2006-74:  TRACT 1 – NEW RIGHT-OF-WAY -- A tract of land located in the Southeast Quarter of the Southeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows; Referring to the southeast corner of said Section 26; thence northerly on the east line of said Southeast Quarter of Section 26 a distance of 25 feet; thence westerly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 102.58 feet to the ACTUAL PLACE OF BEGINNING; thence with a deflection angle to the right of 151°07' a distance of 49.6 feet; thence left 59°46' a distance of 110.67 feet; thence right 00°17' a distance of 127.57 feet; thence left 172°02'39" a distance of 72.57 feet; thence left 08°30'35" a distance of 135.98 feet; thence right 44°27' a distance of 35.69 feet to a point 55 feet north of the south line of said Southeast Quarter; thence westerly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 345.54 feet to a point on the east line of Lot 1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence southerly on the east line of said Lot 1 a distance of 15.0 feet to the southeast corner of said Lot 1; thence continuing southerly on the afore said east line (if extended) a distance of 15.0 feet to a point 25 feet north of the south line of said Southeast Quarter; thence easterly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 336.32 feet to the place of beginning, containing 13,038 sq. ft. (0.3 acres), more or less; AND TRACT 2 – NEW RIGHT-OF-WAY -- A tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 35, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and part of Lot 1, Block 3, Skyline Drive Subdivision, a subdivision in the City of Kearney, Buffalo County, Nebraska, more particularly described as follows; Referring to the northeast corner of the Northeast Quarter of said Section 35; thence westerly on the north line of said Northeast Quarter a distance of 80 feet; thence southerly parallel with the east line of the Northeast Quarter a distance of 25.6 feet to the ACTUAL POINT OF BEGINNING, said point being on the south right-of-way line of 39th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence northwesterly on the south right-of-way line of said 39th Street a distance of 110.0 feet to a point on the east line of Lot 1, Block 3, Skyline Drive Subdivision, (if extended northerly); thence southerly 1.7 feet to the northeast corner of said Lot 1, Block 3; thence westerly on the north line of said Lot 1 to the northwest corner of said Lot 1; thence southerly on the west line of said Lot 1 a distance of 14.08 feet; thence deflecting left 83°10' a distance of 16.09 feet to a point 41.0 feet southerly of and perpendicular to the north line of the Northeast Quarter; thence easterly 41.0 feet southerly of and parallel with the said north line a distance of 185.4 feet; thence deflecting right 35°28'27" a distance of 43.06 feet to a point on the west line of a tract of land deeded to the State of Nebraska and presently being used for highway purposes; thence northerly on said west line a distance of 25.17 feet; thence deflecting left 58°14' and continuing on said west line a distance of 28.23 feet to the point of beginning, containing 4,092 sq. ft. (0.09 acres), more or less; AND TRACT 3 – NEW RIGHT-OF-WAY -- A tract of land described as being part of Lot 2 and part of the East 2.5 feet of Lot 3, Block 3, Skyline Drive Subdivision, a subdivision in the City of Kearney, Buffalo County, Nebraska, and all being more particularly described as follows: Beginning at the northeast corner of Lot 2, Block 3; thence west on the north line of Lot 2 and Lot 3 a distance of 83.5 feet to a point 2.5 feet west of the northeast corner of Lot 3; thence southerly 4.05 feet parallel with the east line of said Lot 3; thence deflecting left 83°13' a distance of 84.1 feet to a point on the east line of said Lot 2, said point being 14.08 feet south of the northeast corner of said Lot 2; thence northerly 14.08 feet to the point of beginning, containing 758 sq. ft. (0.02 acres), more or less; AND TRACT 4 – NEW RIGHT-OF-WAY -- A tract of land being the south 10.0 feet of Lot 1, Block 1, Windsor Estates Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 2,085 sq. ft. (0.05 acres), more or less; AND TRACT 5 – NEW RIGHT-OF-WAY -- A tract of land being the south 10.0 feet of Lot 1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,100 sq. ft. (0.03 acres), more or less; AND TRACT 6 – NEW RIGHT-OF-WAY -- A tract of land being the south 5.0 feet of Lot 2, Windsor Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,085 sq. ft. (0.02 acres), more or less; AND TRACT 7 – NEW RIGHT-OF-WAY -- A tract of land being the south 5.0 feet of Lot 3, Windsor Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,350 sq. ft. (0.03 acres), more or less.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. At the April 11, 2006 City Council meeting, the City Council approved the plans and specifications for 2006 Part I Improvements – Phase I which consists of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition.  At the May 9, 2006 City Council meeting the City Council approved the bids and awarded the contract for construction to Blessing, LLC.

 

On March 23, 2006 letters were sent to all property owners that abut this project and we reviewed the plans with the property owners that attended the meeting.  Appraisals were completed for each parcel by Trans-American Appraisal.  On May 2, 2006 offers to acquire the parcels along with a copy of the appraisals were mailed to property owners.  Staff set aside the day of May 10, 2006 to meet with property owner concerning these offers.  Due to the timeline necessary to complete this project, parcels that do not have an agreement in place with the City of Kearney need to progress to the condemnation stage in order for the project to stay on schedule.

 

Seven tracts of land will be required for the construction of the project.   Five tracts are required on the north side of 39th Street due to the addition of a common left turn lane.  Two tracts are required on the south side of 39th Street due to the addition of a right turn lane as recommended by our city wide transportation study.

 

Several property owners have agreed to sell the property at the appraised value.  Some property owners have agreed to allow the City of Kearney to begin construction on their property while continuing to negotiate the right-of-way acquisition with the City of Kearney.  For those property owners who do not fall into one of the previously listed categories or cannot come to an amenable solution, City staff is requesting Council direct the City Attorney to proceed with condemnation.

 

Section 18-1775 of the Nebraska Revised Statute requires that a City of the first class acquiring an interest in real property shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and a public hearing.

 

There are five tracts on the north side of 39th Street and two on the south side that are being acquired.  Four of these property owners have signed the deeds.  The other three had questions on the type of deed that the City is going to use and the impact on their businesses.  City staff has been working with those property owners to try to answer their questions as quickly and efficiently as possible.  All seven businesses have indicated that this is a good project and are in favor of it.  The property owners are in the process of granting permission for the City to proceed with the project. 

 

If these property owners do not agree with the price, they have agreed that the City would go through a condemnation process in order to set that price.  The court provides this option to the City if owners do not agree with the price offered for their tract.  The property has been appraised and a price determined based on the appraisal.  The City is hoping that an agreement can be reached without using that option. They all agree that there is a value to that property.  The City has had it appraised by a licensed appraiser who determined a price.  If the property owner does not agree with that price, there is another mechanism in place.  Through the court system three appraisers are appointed and they get together and set the price which could be higher or lower than the original offer. 

 

Director of Public Works stated that this is only the first phase of the 39th Street project from 2nd Avenue to 6th Avenue.  The intersection work and the future work to the east will be done at a later date and the property owners affected by those phases will be invited to attend other public hearings.  The contractor is anticipating that he will start construction on the first phase on May 30th.  They will be setting up barrels and shifting traffic at that time.  All the businesses directly affected along 39th Street have been invited to a meeting scheduled for May 24, 2006 at 4:30 p.m. in the Council Chambers to discuss the lane changes and beginning of construction.  NPPD and one of the gas companies have already begun relocating some of their utilities.  The businesses that have not signed agreements stated that they agree with the project and do not want to hold up progress and gave the go ahead to get started and will work out the issues later. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the proposed acquisition for right-of-way purposes in connection with Phase I of the 39th Street Improvement Project of the following tracts of land and approve Resolution No. 2006-74:  TRACT 1 – NEW RIGHT-OF-WAY -- A tract of land located in the Southeast Quarter of the Southeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows; Referring to the southeast corner of said Section 26; thence northerly on the east line of said Southeast Quarter of Section 26 a distance of 25 feet; thence westerly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 102.58 feet to the ACTUAL PLACE OF BEGINNING; thence with a deflection angle to the right of 151°07' a distance of 49.6 feet; thence left 59°46' a distance of 110.67 feet; thence right 00°17' a distance of 127.57 feet; thence left 172°02'39" a distance of 72.57 feet; thence left 08°30'35" a distance of 135.98 feet; thence right 44°27' a distance of 35.69 feet to a point 55 feet north of the south line of said Southeast Quarter; thence westerly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 345.54 feet to a point on the east line of Lot 1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence southerly on the east line of said Lot 1 a distance of 15.0 feet to the southeast corner of said Lot 1; thence continuing southerly on the afore said east line (if extended) a distance of 15.0 feet to a point 25 feet north of the south line of said Southeast Quarter; thence easterly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 336.32 feet to the place of beginning, containing 13,038 sq. ft. (0.3 acres), more or less; AND TRACT 2 – NEW RIGHT-OF-WAY -- A tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 35, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and part of Lot 1, Block 3, Skyline Drive Subdivision, a subdivision in the City of Kearney, Buffalo County, Nebraska, more particularly described as follows; Referring to the northeast corner of the Northeast Quarter of said Section 35; thence westerly on the north line of said Northeast Quarter a distance of 80 feet; thence southerly parallel with the east line of the Northeast Quarter a distance of 25.6 feet to the ACTUAL POINT OF BEGINNING, said point being on the south right-of-way line of 39th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence northwesterly on the south right-of-way line of said 39th Street a distance of 110.0 feet to a point on the east line of Lot 1, Block 3, Skyline Drive Subdivision, (if extended northerly); thence southerly 1.7 feet to the northeast corner of said Lot 1, Block 3; thence westerly on the north line of said Lot 1 to the northwest corner of said Lot 1; thence southerly on the west line of said Lot 1 a distance of 14.08 feet; thence deflecting left 83°10' a distance of 16.09 feet to a point 41.0 feet southerly of and perpendicular to the north line of the Northeast Quarter; thence easterly 41.0 feet southerly of and parallel with the said north line a distance of 185.4 feet; thence deflecting right 35°28'27" a distance of 43.06 feet to a point on the west line of a tract of land deeded to the State of Nebraska and presently being used for highway purposes; thence northerly on said west line a distance of 25.17 feet; thence deflecting left 58°14' and continuing on said west line a distance of 28.23 feet to the point of beginning, containing 4,092 sq. ft. (0.09 acres), more or less; AND TRACT 3 – NEW RIGHT-OF-WAY -- A tract of land described as being part of Lot 2 and part of the East 2.5 feet of Lot 3, Block 3, Skyline Drive Subdivision, a subdivision in the City of Kearney, Buffalo County, Nebraska, and all being more particularly described as follows: Beginning at the northeast corner of Lot 2, Block 3; thence west on the north line of Lot 2 and Lot 3 a distance of 83.5 feet to a point 2.5 feet west of the northeast corner of Lot 3; thence southerly 4.05 feet parallel with the east line of said Lot 3; thence deflecting left 83°13' a distance of 84.1 feet to a point on the east line of said Lot 2, said point being 14.08 feet south of the northeast corner of said Lot 2; thence northerly 14.08 feet to the point of beginning, containing 758 sq. ft. (0.02 acres), more or less; AND TRACT 4 – NEW RIGHT-OF-WAY -- A tract of land being the south 10.0 feet of Lot 1, Block 1, Windsor Estates Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 2,085 sq. ft. (0.05 acres), more or less; AND TRACT 5 – NEW RIGHT-OF-WAY -- A tract of land being the south 10.0 feet of Lot 1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,100 sq. ft. (0.03 acres), more or less; AND TRACT 6 – NEW RIGHT-OF-WAY -- A tract of land being the south 5.0 feet of Lot 2, Windsor Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,085 sq. ft. (0.02 acres), more or less; AND TRACT 7 – NEW RIGHT-OF-WAY -- A tract of land being the south 5.0 feet of Lot 3, Windsor Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,350 sq. ft. (0.03 acres), more or less. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Hadley and Lear absent. Motion carried.

 

RESOLUTION NO. 2006-74

 

            WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for roadway purposes for Phase I of the 39th Street Improvement Project; and

            WHEREAS, the City Council of the City of Kearney, Nebraska has determined the necessity of acquiring fee simple title for roadway purposes, including any mortgage and leasehold interests on the following tracts of property:

 

TRACT 1 – New Right-of-Way

A tract of land located in the Southeast Quarter of the Southeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows; Referring to the southeast corner of said Section 26; thence northerly on the east line of said Southeast Quarter of Section 26 a distance of 25 feet; thence westerly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 102.58 feet to the ACTUAL PLACE OF BEGINNING; thence with a deflection angle to the right of 151°07' a distance of 49.6 feet; thence left 59°46' a distance of 110.67 feet; thence right 00°17' a distance of 127.57 feet; thence left 172°02'39" a distance of 72.57 feet; thence left 08°30'35" a distance of 135.98 feet; thence right 44°27' a distance of 35.69 feet to a point 55 feet north of the south line of said Southeast Quarter; thence westerly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 345.54 feet to a point on the east line of Lot 1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence southerly on the east line of said Lot 1 a distance of 15.0 feet to the southeast corner of said Lot 1; thence continuing southerly on the afore said east line (if extended) a distance of 15.0 feet to a point 25 feet north of the south line of said Southeast Quarter; thence easterly parallel with the south line of the Southeast Quarter of said Section 26 a distance of 336.32 feet to the place of beginning, containing 13,038 sq. ft. (0.3 acres), more or less, Buffalo County, Nebraska.

 

TRACT 2 – New Right-of-Way

A tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 35, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and part of Lot 1, Block 3, Skyline Drive Subdivision, a subdivision in the City of Kearney, Buffalo County, Nebraska, more particularly described as follows; Referring to the northeast corner of the Northeast Quarter of said Section 35; thence westerly on the north line of said Northeast Quarter a distance of 80 feet; thence southerly parallel with the east line of the Northeast Quarter a distance of 25.6 feet to the ACTUAL POINT OF BEGINNING, said point being on the south right-of-way line of 39th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence northwesterly on the south right-of-way line of said 39th Street a distance of 110.0 feet to a point on the east line of Lot 1, Block 3, Skyline Drive Subdivision, (if extended northerly); thence southerly 1.7 feet to the northeast corner of said Lot 1, Block 3; thence westerly on the north line of said Lot 1 to the northwest corner of said Lot 1; thence southerly on the west line of said Lot 1 a distance of 14.08 feet; thence deflecting left 83°10' a distance of 16.09 feet to a point 41.0 feet southerly of and perpendicular to the north line of the Northeast Quarter; thence easterly 41.0 feet southerly of and parallel with the said north line a distance of 185.4 feet; thence deflecting right 35°28'27" a distance of 43.06 feet to a point on the west line of a tract of land deeded to the State of Nebraska and presently being used for highway purposes; thence northerly on said west line a distance of 25.17 feet; thence deflecting left 58°14' and continuing on said west line a distance of 28.23 feet to the point of beginning, containing 4,092 sq. ft. (0.09 acres), more or less, Buffalo County, Nebraska.

 

TRACT 3 – New Right-of-Way

A tract of land described as being part of Lot 2 and part of the East 2.5 feet of Lot 3, Block 3, Skyline Drive Subdivision, a subdivision in the City of Kearney, Buffalo County, Nebraska, and all being more particularly described as follows: Beginning at the northeast corner of Lot 2, Block 3; thence west on the north line of Lot 2 and Lot 3 a distance of 83.5 feet to a point 2.5 feet west of the northeast corner of Lot 3; thence southerly 4.05 feet parallel with the east line of said Lot 3; thence deflecting left 83°13' a distance of 84.1 feet to a point on the east line of said Lot 2, said point being 14.08 feet south of the northeast corner of said Lot 2; thence northerly 14.08 feet to the point of beginning, containing 758 sq. ft. (0.02 acres), more or less, Buffalo County, Nebraska.

 

TRACT 4 – New Right-of-Way

A tract of land being the south 10.0 feet of Lot 1, Block 1, Windsor Estates Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 2,085 sq. ft. (0.05 acres), more or less, Buffalo County, Nebraska.

 

TRACT 5 – New Right-of-Way

A tract of land being the south 10.0 feet of Lot 1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,100 sq. ft. (0.03 acres), more or less, Buffalo County, Nebraska.

 

TRACT 6 – New Right-of-Way

A tract of land being the south 5.0 feet of Lot 2, Windsor Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,085 sq. ft. (0.02 acres), more or less, Buffalo County, Nebraska.

 

TRACT 7 – New Right-of-Way

A tract of land being the south 5.0 feet of Lot 3, Windsor Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 1,350 sq. ft. (0.03 acres), more or less, Buffalo County, Nebraska.

 

            WHEREAS, the City Council finds and determines that it is necessary for the public health, safety and general interest and welfare of the citizens of Kearney that possession of the property interests as described above be acquired as soon as possible for the improvement of 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that:

            1.         The City Attorney and City Manager be, and hereby are, authorized on behalf of the City to complete negotiations for possession of and fee simple title to the properties set forth above, and together with the temporary construction easements; and

            2.         If the acquisition and possession of such property is not possible through negotiations, the City Attorney be, and hereby is, directed to commence eminent domain proceedings on behalf of the City of Kearney to obtain title, acquisition, and possession of said property interests as soon as legally possible.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Clouse seconded by Buschkoetter that Subsections 1 through 23 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Clouse. Nay: None. Hadley and Lear absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held May 9, 2006.

 

2.         Approve the following Claims: AT&T $129.71 smcs; A.M. Player $1,453.82 smcs; AAA Rents $19.38 smcs; Ace Hardware $995.34 smcs,co; AD Banker Insurance $281.12 smcs; Advance Auto Parts $34.96 smcs; Aervoe Industries $8.76 smcs; Alamar $1,655.06 smcs; All Makes Auto Supply $18.59 smcs; Alltel $4,370.04 smcs; Amazon $3,302.14 smcs; Ambrose Video Publishing $315.44 smcs; Amer Backflow $35.66 smcs; Amer Electric $630.07 smcs; Anderson Ford $52,940.00 co; Anderson,S $198.94 smcs; APA Memberships $422.00 smcs; Apple Market $21.43 smcs; Argo Int'l $824.50 smcs; Arrow Seed $1,551.75 smcs; Ask Supply $241.50 smcs; Auto Glass Center $230.81 smcs; B&B Auto Glass $372.55 co; Baker & Taylor $2,154.78 smcs; BBC Audiobooks $278.88 smcs; BBQ Parts $45.43 smcs; Becker,J $32.00 smcs; Big Flag $2,534.50 smcs; Bluecross Blueshield $44,273.01 smcs; Bobs Super Store $29.39 smcs,ps; Boogarts $9.06 smcs; Bosselman $20,105.99 smcs; Bound to Stay Books $3,034.72 smcs; Bradshaw,L $9.07 smcs; Broadfoot's $531.03 smcs; Brodart $98.60 smcs; Brown Transfer $25.00 smcs; Bruce's Body Shop $841.60 smcs; Buckle $354.00 smcs; Buggy Bath Car $8.50 smcs; Builder Warehouse $4,123.74 smcs,co; Buller Fixture $15.26 smcs; Burns,R $1,097.50 smcs; Caseys General Store $56.38 smcs; Cash-Wa $2,396.65 smcs; CBA Lighting $331.00 smcs; Ced Enterprises $75.75 smcs; Centaur Enterprises $225.15 smcs; Central Hydraulic $2,055.27 smcs; Central NE Senior Golf $84.00 smcs; Certified Power $24.53 smcs; Charter $109.98 smcs; Cheap Mower Parts $80.65 smcs; Chesterman $388.76 smcs; Christian Books $39.46 smcs; City Glass $122.74 smcs; City of Ky $84,586.07 smcs,ps; College Savings Plan of NE $50.00 ps; Comfort Inn $68.40 smcs; Comptuer Warehouse #4 $74.93 smcs,co; Computer Pros $112.36 smcs; Construction Rental $208.87 smcs; Copycat Printing $456.62 smcs; Cotent Management $158.00 smcs; Cqpress Products $200.75 smcs; Crossroads Ford $1,101.88 smcs; Culligan $231.50 smcs; Damgaard,A $22.58 smcs; Dawson Co PPD $995.40 smcs; Dell $4,610.98 smcs,co; Depository Trust $522,415.00 ds; Dirt Works $675.00 smcs; Dobberstein Roofing $1,348.00 smcs; Double M Farms $2,000.00 smcs; DPC Industries $5,149.30 smcs; Drill Bit City $45.35 smcs; Dutton-Lainson $1,253.23 smcs,co; Eakes $2,155.73 smcs,co; Educational Record $804.23 smcs; Engels,D $106.30 smcs; Excess Solutions $37.03 smcs; Fairbanks Int'l $1,896.48 smcs,co; Farmers Union Coop $24.00 smcs; Fastenal $700.43 smcs; Fedex $24.92 smcs; Flynn,B $20.00 smcs; Frontier $8,060.37 smcs; Frontierair $964.20 smcs; Full Tilt Management $2,700.00 smcs; GA Industries $608.45 smcs; Galeton Gloves $1,664.05 smcs; Garrett Tires $3,764.22 smcs; Gary's I-80 $175.00 smcs; Garza,M $100.00 smcs; Gealy's Greenhouse $43.85 smcs; Gee Asphalt Systems $95.00 smcs; Golfsmith Int'l $344.20 smcs; Gordon's Small Engine $289.99 co; Graham Tire $90.11 smcs; Great Plains One Call $390.77 smcs; Great Plains Safety $1,480.00 smcs; Grint,K $277.34 smcs; Gronewoller,S $50.97 smcs; H&H Distributing $1,668.40 smcs; Hach Co $418.90 smcs; Hallmarkcom $291.66 smcs; Heartland Marketing $169.59 smcs; Hobby-Lobby $152.64 smcs; Holmes Plumbing $1,429.25 smcs,co; Hydrologic $175.00 smcs; ICMA RC $2,660.10 ps; IMLA $625.00 smcs; Infinisource $149.00 smcs; Intellicom $386.00 co; IRS $87,138.31 ps; Int'l Public $746.51 smcs; Isle of Capri Bettendo $80.64 smcs; Jack Lederman $909.93 smcs; Johnson Hardware $446.00 smcs; Johnstone Supply $4.20 smcs; Just Blinds $326.00 smcs; K&K Parts $180.77 smcs; Kansas Truck Center $97.72 smcs; Ky Clinic $35.00 smcs; Ky Concrete $5,999.84 smcs,co; Ky Crete & Block $448.56 smcs,co; Ky Hub $542.85 smcs; Ky Humane Society $65.00 smcs; Ky Implement $1,559.94 smcs; Ky Towing $80.00 smcs; Ky Visitors Bureau $9,624.58 smcs; Ky Warehouse $273.83 smcs; Ky Winnelson $32.24 smcs; Ky Yamaha $376.59 smcs; Keefover,B $5.80 smcs; Kelly Supply $1,254.40 smcs; Kess,O $25.54 smcs; Kidwell $304.00 co; Kirkham Michael $34,198.42 co; Knect,A $3.34 smcs; Koetters,J $27.00 smcs; Kooyman,R $200.00 ps; Labsafe $70.29 smcs; Lampes Clean Air $478.84 smcs; Landmark Audiobooks $10.00 smcs; Laughlin,K $360.00 ps; Lewis,N $565.15 smcs; Library Sparks $109.95 smcs; Lincoln Tent $1,184.00 smcs; Lincoln Truck Center $581.45 smcs; Linweld $169.06 smcs; Lockmobile $88.00 smcs; Logan Contractors $226.50 smcs; Love's Country $34.10 smcs; Lynaugh,J $100.30 smcs; M.E. Sharpe $997.00 smcs; Magic Cleaning $2,950.00 smcs; Mail Express $174.12 smcs; Mallack,J $4.73 smcs; Marlatt Machine Shop $152.88 smcs; Maryland Screen Printer $625.20 smcs; Mattley Advertising $285.00 smcs; McAtee,J $10.83 smcs; McCarty,D $7.47 smcs; Meadowbrook Insurance $2,110.00 smcs; Menards $1,885.05 smcs,co; Meteorlogix $567.00 smcs; MGS Tech $23.31 co; Michael Todd $666.75 smcs; Mid America Sales $1,318.68 smcs; Midwest Radar $425.00 smcs; Midwest Turf $44.44 smcs; Miller & Associates $522.50 smcs; Misko Sports $14.97 smcs; Mollring,M $14.60 smcs; Morhain,L $9.38 smcs; Mosbarger,B $200.00 ps; Mr Automotive $1,995.37 smcs; MSC Industrial Supply $139.43 smcs; Mueller,B $4.35 smcs; N. Central Laboratories $552.52 smcs; NAAO $275.00 smcs; Napa All Makes $1,199.52 smcs; NWWA $1,587.94 smcs; NE Child Support $2,168.92 ps; NE Plastics $4,345.38 smcs; NE Wine & Spirits $33.80 smcs; NEland Distributors $1,140.00 smcs; New Radio Group $499.00 smcs; Nogg Chemical $1,026.42 smcs; Northgate Veterinary $91.00 smcs; Northstar Audiobooks $24.00 smcs; Northwest Electric $140.99 smcs; Northwestern Energy $5,461.64 smcs; NRPA $302.00 smcs; NSVFA Fire School $150.00 smcs; Office Depot $32.60 smcs; Office Max $589.35 smcs,co; Officenet $66.00 smcs; OMB Police Supply $339.99 smcs; O'Reilly $374.97 smcs; Orr,L $100.00 smcs; Orscheln $1,559.13 smcs,so; Osborn,T $31.25 smcs; Pahl,M $6.95 smcs; Paramount Linen $447.14 smcs; Patterson,B $170.29 smcs; Paul A. Otto Curb Grinding $90.00 co; PBD Ala-Graph $267.30 smcs; Penworthy Co $2,221.73 smcs; PEP $51.10 smcs; Pepsi-Cola $1,425.00 smcs; Peterson,A $18.65 smcs; Peterson,B $26.83 smcs; Peterson,J $14.88 smcs; Pilington,R $26.53 smcs; Platte Valley Comm $4,019.71 smcs,co; POS/PBS/SOS $34.95 smcs; Presto-X $50.00 smcs; Price's Tree Service $315.00 smcs; QT 579 $25.76 smcs; Quick N Easy $60.60 smcs; Quill $402.44 smcs; Radio Shack $62.97 smcs,co; Rainbow Group $161.02 smcs; Random House $398.80 smcs; Ready-Mixed Concrete $2,878.88 smcs,co; Reams Sprinkler $183.16 smcs; Recognition Unlimited $31.35 smcs; Recorded Books $102.00 smcs; Red Willow Co $1,760.00 smcs; Reining,N $4.19 smcs; Remboldt Ludtke & Berger $185.00 smcs; Republic Beverage $216.14 smcs; Respond First Aid $90.95 smcs; Revere $1,036.00 smcs; Riverside Mfg $149.80 smcs; Romar Pest Control $110.00 smcs; Roper,I $16.00 smcs; Roper's Radiator $45.00 smcs; Russell's Appliance $100.00 smcs; Sahling Kenworth $272.16 smcs; Sampson Construction $147,630.00 co; Saniuk,M $11.19 smcs; Scheuffele,D $23.99 smcs; Schroeder,J $15.48 smcs; Sears $16.50 smcs; Sherwinn Williams $91.72 smcs,co; Shirt Shack $224.00 smcs; Sleister,M $17.88 smcs; Snap-On Tools $895.00 smcs; Solid Waste Agency $65.20 smcs; SSG/BSN $330.32 smcs; Stagecoach $35.31 smcs; Sterling Distributing $101.52 smcs; Stover,M $5.48 smcs; Strong,M $3.34 smcs; Summit Heating $8,189.09 smcs,co; Sunmart $52.16 smcs; Super Shine Auto Care $149.00 smcs; Superior Signals $1,555.05 smcs; Supplement Shack $49.90 smcs; Sutphen $363.50 smcs; Syx Tigerdirect $541.69 smcs; Taunton Publisher $10.49 smcs; Thompson,L $60.00 smcs; Thomson Gale $42.68 smcs; Thurlaw,B $10.51 smcs; Tielke Enterprise $213.51 smcs; Tomark Sports $351.90 smcs; Tractor-Supply $1,209.88 smcs; Tri City Outdoor $187.99 smcs; UAP Distributors $4,324.62 smcs; Ultra-chem $781.81 smcs; Union Oil $1,438.80 smcs; Unisys $155.66 smcs; United Seeds $1,018.03 smcs; Upbeat $736.77 co; UPS $27.17 smcs; US Golf Assn $100.00 smcs; USPS $154.42 smcs; Van Diest Supply $1,668.90 smcs; Video Service of America $657.82 smcs; VS Visual Statement $4,000.00 smcs; Waldenbooks $150.00 smcs; Wal-Mart $829.54 smcs; Waste Cap $30.00 smcs; White,B $17.30 smcs; Wick's Sterling Trucks $153,618.00 co; Wiederspan,R $59.46 smcs; Wilke Donovans $385.31 smcs; Wittek Golf Supply $263.40 smcs; Worman,S $24.09 smcs; WW Grainger $2,926.52 smcs; Xerox $220.51 smcs; Yanda Music $7,095.48 smcs,co; Young,J $19.50 smcs; Zimmerman Printers $538.00 smcs; Zuckweiler,K $14.04 smcs; Payroll Ending 5-13-2006 -- $273,275.38.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set June 13, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve Resolution No. 2006-75 allowing the City to reimburse certain expenditures with the proceeds of tax-exempt bonds to be issued in the future in connection with 2006 Part I Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition.

 

RESOLUTION NO. 2006-75

 

            BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska (the "City"), as follows:

            Section 1.  The Vice-President and Council of the City hereby find and determine that it is necessary and appropriate to declare their official intent to issue tax-exempt bonds on behalf of the City and in addition, the City's reasonable expectations to reimburse certain expenditures with the proceeds of such bonds as proposed to be issued by the City in connection with the proposed project as described below.

            Section 2.  This resolution shall stand as a statement of the City's official intent under Regulation Section 1.150-2 of the regulations of the United States Treasury and for such purpose the following information is hereby given:

                        1.         A general functional description of the project for which expenditures may be made and reimbursement from bond proceeds provided is as follows:

           

2006 Part I (Phase I) Street Improvements

$1,850,000.00

 

                        2.         The maximum principal amount of debt expected to be issued for such project is $1,850,000.00.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Adopt a policy establishing guidelines on the Capital Improvement Projects/Sales Tax on prioritizing and spending of the ½ cent sales tax and approve Resolution No. 2006-76.

 

RESOLUTION NO. 2006-76

 

            WHEREAS, since the passage of the ½ cent sales tax on November 15, 2005, staff and the City Council have considered the adoption of guidelines regarding the spending of such funds; and

            WHEREAS, guidelines are necessary to provide an efficient and fair framework for spending these capital improvement funds and to ensure the public has adequate notice regarding prioritization and spending of tax dollars; and

            WHEREAS, the following are some general guidelines for prioritization and spending of the ½ cent sales tax dollars:

  • Each February, the Kearney City Council will hold a public hearing to discuss prioritization and allocation of funds; however, if the need should arise, other public hearings may be held throughout the year.
  • The City of Kearney web page will maintain a listing of every project funded.
  • The City’s Newsletter, The Kearney Connection, will include details regarding project funding.
  • On an ongoing basis, citizens will be encouraged to submit capital improvement suggestions.
  • Large projects such as buildings and certain street improvements will include signage indicating funding source.
  • Interest earned will remain in the Special Sales Tax fund.

 

            WHEREAS, the percentage of sales tax revenue allocated to debt service will not exceed thirty-five (35) percent and the fund balance will not  drop below ten (10) percent of annual sales tax collections; and

            WHEREAS, the cost of the capital improvement must exceed Five Hundred Thousand Dollars ($500,000.00) in order to be eligible for bond financing from the Special Sales Tax Fund; and

            WHEREAS, the following is the amount established for each target spending levels:

                        Streets, Curbs, and Sidewalks                                  50%

                        Buildings                                                                25%

                        Miscellaneous                                                         15%

                        Equipment (Items over $50,000)                                  5%

                        Reserves                                                                  5%

                        Total                                                                     100%

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Capital Improvement Sales Tax Guidelines as set forth above be and are hereby adopted and approved to provide for a clearer direction regarding prioritization and spending of sales tax funds as well as keep citizens better informed.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve the Plans and Specifications for AIP 3-31-0045-17 which consists of the Lighting Project on Runway 13/31, Taxiway “B”, “C”, “D”, “E”, and “F” at the Kearney Municipal Airport and set the bid opening date for sometime in July 2006 subject to FAA approval.

 

7.         Approve the request from the Yanney Heritage Park Foundation and the City of Kearney to conduct Yanney Heritage Day on June 10, 2006 at the E.K. & Mary Yanney Heritage Park which includes a fireworks display.

 

8.         Authorize the execution of a Letter of Support for Essential Air Service to the Department of Transportation and approve Resolution No. 2006-77.

 

RESOLUTION NO. 2006-77

 

            WHEREAS, the Kearney Municipal Airport has been working diligently to improve the air service options available to central Nebraskans and to increase the number of enplanements from the local airport; and

            WHEREAS, the Department of Transportation is presently accepting recommendations to award a two-year contract for Essential Air Service; and

            WHEREAS, such contract could provide up to $1 million in improvement funds contingent on the number of enplanements; and

            WERHEAS, on May 23, 2006, the Kearney City Council approved a resolution submitting a recommendation to the Department of Transportation to provide westbound air service from Kearney, Nebraska to Denver, Colorado; and

            WHEREAS, this proposal would serve more passengers in central Nebraska and would be the best use of federal Essential Air Service subsidies; and

            WHEREAS, increased traffic to serve central Nebraska would be a valuable asset to the community and surrounding area.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President and City Council of Kearney, Nebraska do hereby submit a recommendation to the Department of Transportation seeking Essential Air Service improvement funding to provide westbound air service from Kearney, Nebraska to Denver, Colorado.

            BE IT FURTHER RESOLVED that a Letter of Support executed by the Vice-President of the Kearney City Council be submitted to the Department of Transportation expressing support for such project.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve Change Order No. 1 for an increase in the amount of $27,050.00 submitted by Werner Construction Co. and approved by Kirkham Michael for the Apron/Taxilane Improvements at the Kearney Municipal Airport (AIP Project No. 3-31-0045-15) and approve Resolution No. 2006-78.

 

RESOLUTION NO. 2006-78

 

WHEREAS, Werner Construction, Inc. of Hastings, Nebraska has performed services in connection with the improvements of AIP Project No. 3-31-0045-15 (Apron/Taxilane Improvements) at the Kearney Municipal Airport, and have filed Change Order No. 1 showing an increase in the amount of $27,050.00 as shown on Exhibit “A”, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$1,022,349.85

            Change Order No. 1 (5-23-2006)

+     27,050.00

Contract Sum To Date

$1,049,399.85

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve Change Order No. 1 for an increase in the amount of $1,361.00, Application and Certificate for Payment No. 1-Final in the amount of $98,632.00, and the Certificate of Substantial Completion submitted by Midlands Contracting, Inc. and approved by Miller & Associates for the 2005 Part VI Improvements – Bid A consisting of Water District No. 2005-541 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Water District No. 2005-542A for 4th Avenue from 44th Street north a distance of 734.2± feet; Sewer District No. 2005-484 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; and Sewer District No. 2005-485A for 4th Avenue from 44th Street north a distance of 734.2± feet and approve Resolution No. 2006-79.

 

RESOLUTION NO. 2006-79

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2005 Part VI Improvements – Bid A consisting of Water District No. 2005-541 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Water District No. 2005-542A for 4th Avenue from 44th Street north a distance of 734.2± feet; Sewer District No. 2005-484 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; and Sewer District No. 2005-485A for 4th Avenue from 44th Street north a distance of 734.2± feet, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $1,361.00 as shown on Exhibit “A”, attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 1-Final in the amount of $98,632.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$97,271.00

            Change Order No. 1 (5-23-2006)

+  1,361.00

Contract Sum To Date

$98,632.00

Gross Amount Due

98,632.00

Retainage

.00

Amount Due to Date

98,632.00

Less Previous Certificates for Payment

             .00

Current Payment Due

 

$98,632.00

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of April 20, 2006, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A”, Application and Certificate of Payment No. 1-Final as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve Application and Certificate for Payment No. 1 in the amount of $29,389.05 submitted by Blessing, LLC and approved by Miller & Associates for the 2005 Part VI Improvements – Bid B consisting of Paving Improvement District No. 2005-905 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Paving Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th Street and approve Resolution No. 2006-80.

 

RESOLUTION NO. 2006-80

 

WHEREAS, Blessing, LLC has performed services in connection with the 2005 Part VI Improvements – Bid B consisting of Paving Improvement District No. 2005-905 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Paving Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $29,389.05 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$200,101.60

Contract Sum To Date

200,101.60

Gross Amount Due

32,654.50

Retainage

3,265.45

Amount Due to Date

29,389.05

Less Previous Certificates for Payment

               .00

Current Payment Due

$  29,389.05

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve Application and Certificate for Payment No. 6 in the amount of $57,844.17 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2006-81.

 

RESOLUTION NO. 2006-81

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 6 in the amount of $57,844.17 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,036,342.20

            Change Order No. 1 (9-27-2005)

+      9,820.00

Contract Sum To Date

1,046,162.20

Gross Amount Due

935,065.75

Retainage

46,753.29

Amount Due to Date

888,312.46

Less Previous Certificates for Payment

    830,468.29

Current Payment Due

$    57,844.17

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 6, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve Application and Certificate for Payment No. 6 in the amount of $13,547.95 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition and approve Resolution No. 2006-82.

 

RESOLUTION NO. 2006-82

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 6 in the amount of $13,547.95 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$292,727.25

 

 

Contract Sum To Date

292,727.25

Gross Amount Due

305,914.35

Retainage

15,295.72

Amount Due to Date

290,618.63

Less Previous Certificates for Payment

  277,070.68

Current Payment Due

$  13,547.95

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 6, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

14.        Approve Application and Certificate for Payment No. 2 in the amount of $107,696.25 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part I Improvements – Bid A consisting of Paving Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet and approve Resolution No. 2006-83.

 

RESOLUTION NO. 2006-83

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part I Improvements – Bid A consisting of Paving Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $107,696.25 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$ 684,445.60

Contract Sum To Date

$ 684,445.60

Gross Amount Due

281,501.50

Retainage

28,150.15

Amount Due to Date

253,351.35

Less Previous Certificates for Payment

  145,655.00

Current Payment Due

$107,696.25

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 2, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

15.        Approve the application for deferral of special assessments submitted by the University of Nebraska at Kearney in connection with Water District No. 2005-540 for West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition.

 

16.        Approve the Technical and Professional Services Contract between the City of Kearney and Miller & Associates for Community Development Block Grant No. 05-CR-012 for grant administration services relating to the Community Revitalization Program and approve Resolution No. 2006-84.

 

RESOLUTION NO. 2006-84

 

            WHEREAS, the City of Kearney was awarded Community Development Block Grant Funds from the Nebraska Department of Economic Development for the Community Revitalization program which will provide a combination of improvements to sidewalks, streets, and accessible sidewalk ramps at intersections in a targeted area in southeast Kearney; and

            WHEREAS, the City of Kearney requested proposals from firms in Central Nebraska for project administration services relating to this project; and

            WHEREAS, City staff reviewed the proposal and recommends pursuing a contract with Miller & Associates of Kearney to provide project administration services.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed to execute, on behalf of the City of Kearney, the Technical and Professional Services Contract between the City of Kearney and Miller & Associates for Community Development Block Grant No. 05-CR-012 for project administration services in the amount of $12,000 as set forth in the Contract. A copy of the said Contract, marked Exhibit “A”, is attached hereto and made a part hereof by reference

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

17.        Approve Supplemental Agreement No. 1 between the City of Kearney, Buffalo County, and the State of Nebraska Department of Roads for Project STPD-TMT-10-2(114) setting forth the responsibilities of the parties for the preliminary engineering, lead agency and funding obligations with regard to the Kearney East Bypass Project and approve Resolution No. 2006-85.

 

RESOLUTION NO. 2006-85

 

            BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed to execute Supplemental Agreement No. 1 between the State of Nebraska Department of Roads, the City of Kearney, and Buffalo County with regard to Project STPD-TMT-10-2(114) setting forth the responsibilities of the parties for the preliminary engineering, lead agency and funding obligations with regard to the Kearney East Bypass Project. A copy of the said Supplemental Agreement No. 1, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

18.        Approve Supplemental Agreement #1 for Engineering Services between the City of Kearney and Kirkham, Michael & Associates in connection with the Cherry Avenue/I-80Interchange and East Kearney Bypass Environmental Assessment and approve Resolution No. 2006-86.

 

RESOLUTION NO. 2006-86

 

            BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed to execute Supplemental Agreement No. 2 between the City of Kearney and Kirkham, Michael & Associates for engineering services with regard to the Cherry Avenue/I-80Interchange and East Kearney Bypass Environmental Assessment. A copy of the said Supplemental Agreement No. 2, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

19.        Approve the recommendation from the Code Enforcement Officer on the annual renewal of the following manufactured home court licenses until May 31, 2006:

            Cornhusker Mobile Home Park, 1115 Avenue C

            Cottonmill Mobile Home Court, 3635 Cottonmill Avenue

            Countryside Mobile Park, Inc., 1920 15th Avenue

            East Lawn Mobile Homes Estates, 2900, 3010 Grand Avenue

            L&M Mobile Home Park, 1122 Central Avenue

            Merriweather Mobile Home Village, 914 West 17th Street

            Northside Park, 4641 West Highway 30

            Park-Wa Trailer Court, 2214 14th Avenue

            Rodeo Court, 2414 West 24th Street

            R-Villa East, West and South, 2424, 2719, 2803 West 24th Street

            Schnase Trailer Court, 1284 62nd Avenue

            Sheen’s Mobile Home Court, 4664 West Highway 30

            Valley View Mobile Home Court, 2701 Grand Avenue

            Van Vleet Trailer Court, 550 30th Avenue

            Villa Park, 2703 West 24th Street

            Westside Trailer Court, 1282 62nd Avenue

            Woodriver Valley Mobile Home Park, 865 West 78th Street

 

20.        Approve the Agreement submitted by the Central Nebraska Auto Club to block off Central Avenue from 25th Street to North Railroad Street, 23rd Street from 1st Avenue to Avenue A, the parking lot located west of Cunningham’s Journal, the parking lot located behind City Hall, and the parking lot located north of MONA in conjunction with Cruise Nite 2006.  Also, they will conduct a parade on July 15, 2006 from 6:00 p.m. until 7:00 p.m. on Central Avenue from North Railroad Street to 27th Street and then west subject to the City receiving the required Certificate of Insurance.

 

21.        Approve the request submitted by the Downtown Improvement Board to block off Central Avenue from 22nd Street to 23rd Street on July 21, 2006 from 8:00 a.m. until 9:00 p.m., and to occupy the sidewalks in the downtown area on July 20, 21, 22, 2006 from 8:00 a.m. until 9:00 p.m. to conduct Sidewalks Sales.

 

22.        Approve the request submitted by John Deterding to temporarily block off northbound traffic on 2nd Avenue from 21st Street to 22nd Street on May 29, 2006 from 1:30 p.m. until 3:30 p.m. for a memorial dedication to the veterans.

 

23.        Approve the Interlocal Agreement between the City of Kearney, the Buffalo County Board of Supervisors, and the Buffalo County Economic Development Corporation defining the responsibilities as it relates to a joint and cooperative action for distribution of Buffalo County Program Income Reuse monies within the jurisdiction of the City and approve Resolution No. 2006-87.

 

RESOLUTION NO. 2006-87

 

            BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed to execute the Interlocal Agreement between the City of Kearney, the Buffalo County Board of Supervisors, and the Buffalo County Economic Development Corporation defining the responsibilities as it relates to a joint and cooperative action for distribution of Buffalo County Program Income Reuse monies within the jurisdiction of the City with regard to the Local Plan for the Intended Use of CDBG Program Income Resulting from Grant No. CDBG 86-ED-009 Reuse Plan for Economic Development. A copy of the said Interlocal Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7258 – REZONING 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD

 

Ordinance No. 7258 rezoning from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road) will remain on the table until June 13, 2006. Therefore, no action was taken.

 

ORDINANCE NO. 7256 – CONDITIONAL USE PERMIT; 1308 WEST 24TH STREET

 

Ordinance No. 7256 granting a Conditional Use Permit to Jeffrey Overturf for PABO, LLC (Applicant) and Bob Wilson (Owner) to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street) will remain on the table until June 13, 2006. Therefore, no action was taken.

 

OPEN ACCOUNT CLAIMS: FREMONT NATIONAL BANK -- $27,430.27

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $27,430.27 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Hadley and Lear absent. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 7:10 p.m. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Clouse. Nay: None. Hadley and Lear absent. Motion carried.

\

 

                                                                                    RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK