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Kearney, Nebraska

January 9, 2007

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 January 9, 2007, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to 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: Mitch Humphrey, Trenton Snow, Mike Hendrickson, Paul Rieken, Jerry Thompson, Ken Tracy, Steve Johnson, Brad Williams, Neal Lewis, 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

 

Reverend Bob Wine from New Life Assembly Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

ANNOUNCEMENT

 

Mayor Clouse announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

 

RECOGNITION – KEARNEY VOLUNTEER FIRE DEPARTMENT SERVICE AWARDS

 

Mayor Clouse and Council Members recognized the following members of the Kearney Volunteer Fire Department: Steve Johnson – 15 years, Brad Williams – 10 years, and Bob Reineke – 5 years.  They were presented service awards.  These firefighters have given many hours of their time in responding to fire/rescue emergencies, firefighter training, assisting with public fire prevention and safety education programs, serving as fire department officers, and serving on various types of committees.

 

Fire Chief Jerry Thompson stated a press release will be going out to the public concerning burning of wood.  They have been informed that people are taking the broken power poles and the cross arms and using them for firewood.  This is illegal according to the EPA and can carry up to a $10,000 fine.  Mr. Thompson stated that more importantly these types of poles are treated with creosote and other preservatives that are dangerous to your health if burned.  The Kearney Volunteer Fire Department has responded to about 50 fires over the past few weeks and fortunately only five were important. The others were downed electrical lines, etc. that did not cause much damage. 

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING NORTH OF 56TH STREET AND EAST OF EASTBROOKE DRIVE

 

Public Hearings 1, 2 and 3 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (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 East Half of the Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 4.39 acres, more or less, Buffalo County, Nebraska (north of 56th Street and east of Eastbrooke Drive).  Planning Commission recommended approval based on the approved Subdivision Agreement and Public Works Plan.

 

This project was continued from the November Planning Commission agenda to allow the developer and the City to work out the details for a secondary access to the subdivision.  The project was then heard at the December Planning Commission meeting.  The applicant is requesting approval to zone and plat a tract of land that is approximately 4.39 acres located north of 56th Street and east of Eastbrooke Drive.  The proposed use is a continuation of the next phase of the Eastbrooke development, a residential subdivision containing single-family lots north of 56th Street about a half-mile east of Avenue N.

 

The rezoning request is from Agricultural to Urban Residential Single‑Family District.  The rezoning request is in conformance with the Future Land Use Map of the City of Kearney Comprehensive Development Plan

 

The Preliminary Plat including this area was approved by Planning Commission on May 19, 2006 and contains some 94 acres and 145 lots and includes land to the south and east of the area of final platting.  The Final Plat, to be known as Eastbrooke Ninth, consists of 4.39 acres with twelve R‑1 lots.  A revised Public Works Plan has been submitted that includes this area of development.

 

The issue of accessibility was raised at the Planning Commission hearing for Eastbrooke Eighth in October.  One of the Commissioners expressed concerns about getting fire trucks and other emergency vehicles in and out of these residential neighborhoods.  Now with Eastbrooke Ninth, staff has once again expressed concerns regarding accessibility and extension of public improvements.  The subdivision can be served with public improvements coming from one direction but there is no secondary access, which is especially important for emergency vehicle response.  The Fire Administrator for KVFD has requested an alternative access.  City DRT staff met with the developer to discuss this issue. 

 

The developer’s proposal is to build approximately 1,300 feet of road along the Eastbrooke Drive alignment to 56th Street, said street to be constructed as a gravel surfaced street to serve this subdivision on an interim basis until the street can be hard-surfaced in the future.   When 56th Street is hard surfaced, the developer has agreed to hard surface Eastbrooke Drive with asphalt or concrete within twelve months of the completion of 56th Street paving.  The reason for allowing either asphalt or concrete surfacing is to give the developer options.  The timing and pace of development will determine how quickly and what surfacing is needed for the street system.  If the development pace is fast, all the streets in question may be paved with concrete to city standards within the next couple of years.  If development activity slows, the temporary access may be in place for a longer period of time and asphalt may be a more affordable option.  The idea is to insure hard surfacing, either asphalt or concrete, once 56th Street is constructed to city standards.  Ultimately, all public streets will be paved with concrete to city standards, so if asphalt is used for a portion of the street system it will be concrete when the future phases of Eastbrooke are built out. 

 

The temporary street must be designed by an engineer to carry the heavy equipment that the fire department uses and be all-weather surfacing.  The rural response truck is a tanker truck approximately 56,000 pounds GVW.  Basically, this means that the road will need to be built to the same standard as Buffalo County Highway Department requires for gravel streets.  Maintenance of the temporary street will be the developer’s responsibility until the street is hard surfaced and dedicated to the city in the future.  A subdivision agreement has been prepared to address these issues.

 

This subdivision is contiguous to the corporate limits and public services are available.  Therefore, this property shall be included within the corporate boundaries of the city.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. The site is, at this time, essentially vacant.  There is no indication or evidence of any streets other than the lath markings or pin flags that are in place for the Eastbrooke Eighth Addition.  Adjacent to that subdivision to the east and abutting and straddling Eastbrooke Drive (the east-west collector street) is the 4.39 acres being requested to be developed. 

 

This matter has been tabled for the last month so they could work out some issues from the Planning Commission meeting.  The primary issue was due to the shape and nature of the phasing plan.  Eastbrooke Eighth Addition created a difficult situation for access once that development extended to Eastbrooke Ninth, Tenth, etc.  Mr. Humphrey said they worked out a unique situation where they will create a temporary roadway type surface that will extend down to 56th Street.  That roadway surface will be gravel in nature as long as 56th Street is unpaved.  Once 56th Street is paved, they agree to pave that roadway in an asphalt type surface for whatever distance they need to make that link.  They don’t want the public to travel from concrete paving in Eastbrooke through gravel and connect to 56th Street that will hopefully be paved with a concrete surface.  The City has agreed to leave that surface graveled until the surface on 56th Street is changed.  This roadway would primarily be used for a construction entrance/exit so that the trucks and vehicles serving the site don’t have to go through the improved subdivision streets.  This roadway would also provide an alternate entrance/exit for emergency vehicles. 

 

Council member Buschkoetter asked City staff if we have done anything like this before, with an access road mirroring a nearby City street.  Director of Public Works Rod Wiederspan stated that the City has built temporary access roads for emergency purposes in subdivisions like this one where they only have one access at this time.  The idea is that in the future the road would be made a permanent access.  This road will be built to County standards as a rural roadway, 24-foot wide gravel which would support a fire truck or a delivery truck.  Mr. Humphrey stated as the area is developed, the intent is that 56th Street will develop along with it.  The cost of resurfacing this roadway is part of the developer’s responsibility. 

 

Council member Kearney stated the road would remain part of the County, only the subdivision would be annexed.  City Manager Michael Morgan stated the supplemental agreement with the State and Buffalo County states that 56th Street must be paved to the airport within 5-6 years.  He stated further that in discussing this with the developer, they indicated that if 56th Street were paved at this time, they would be proceeding differently and definitely pave this roadway. 

 

Council member Lammers asked if there was a reason they decided to put asphalt down versus going with cement right away and going with the access road being cemented verses asphalt.  Mr. Humphrey stated that it was a cost issue.  The utilities that served this site are primarily located on the north side and an interceptor sewer that runs parallel within the old river right-of-way.  It made practical sense to develop up to there to begin with and the fact that they probably will install sanitary sewer and water lines underneath that concrete.  It made sense not to put in dry lines and be unable to recoup any of the costs.  They would rather delay that process and put in asphalt pavement when it is time.  They are basing their decision on Kearney being a vibrant and growing community for the next few years.  They will already have this roadway built out there.  In this way, they won’t have to address the asphalt issue and just fill it as they go with standard curb and gutter type paving.  This will create a boulevard type situation that will look similar to what is on the west side of the Eastbrooke development.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the Application submitted by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (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 East Half of the Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 4.39 acres, more or less, Buffalo County, Nebraska (north of 56th Street and east of Eastbrooke Drive). Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

FINAL PLAT FOR EASTBROOKE NINTH

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for final plat and Subdivision Agreement approval for “EASTBROOKE NINTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the East Half of the Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 4.39 acres, more or less, Buffalo County, Nebraska (north of 56th Street and east of Eastbrooke Drive) and to consider approval of Resolution No. 2007-1.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve the Application submitted by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for final plat and Subdivision Agreement approval for “EASTBROOKE NINTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the East Half of the Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 4.39 acres, more or less, Buffalo County, Nebraska (north of 56th Street and east of Eastbrooke Drive) and approve Resolution No. 2007-1. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-1

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “EASTBROOKE NINTH” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the Sixth P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the northwest corner of Government Lot 3 of Section 19, said point also being the northwest corner of Eastbrooke Sixth, an addition to the City of Kearney, Buffalo County, Nebraska, and assuming the north line of said Government Lot 3 and the north line of said Eastbrooke Sixth and the north line of Eastbrooke Third, an addition to the City of Kearney, Buffalo County, Nebraska and the north line of Eastbrooke Seventh, an addition to the City of Kearney, Buffalo County, Nebraska, and the north line of Eastbrooke Eighth, an addition to the City of Kearney, Buffalo County, Nebraska, as bearing S89°57’37”E and all bearings contained herein are relative thereto; thence S89°57’37”E and on the aforesaid north line a distance of 1705.84 feet to the northeast corner of Outlot “B” of said Eastbrooke Eighth; thence S35°35’09”W and on the easterly line of Outlot “B” of said Eastbrooke Eighth a distance of 487.10 feet to the most northerly corner of Lot 3, Block 2 of said Eastbrooke Eighth; thence leaving the easterly line of Outlot “B” of said Eastbrooke Eighth S51°03’26”E and on the northerly line of Block 2 of said Eastbrooke Eighth a distance of 297.02 feet to the northeast corner of Lot 1, Block 2 of said Eastbrooke Eighth; thence S38°56’58”W and on the easterly line of Lot 1, Block 2 of said Eastbrooke Eighth a distance of 138.93 feet to the southeasterly corner of Lot 1, Block 2 of said Eastbrooke Eighth, said point also being on the north line of 62nd Street, a street in the City of Kearney, Buffalo County, Nebraska; thence S51°03’02”E and on the easterly line of said Eastbrooke Second and the northerly line of said 62nd Street a distance of 15.43 feet; thence S38°56’58”W and continuing on the easterly line of said Eastbrooke Eighth a distance of 160.00 feet to the southeasterly corner of Lot 1, Block 1 of said Eastbrooke Eighth; thence S15°49’23”E and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 52.29 feet to the southeast corner of Lot 2, Block 1 of said Eastbrooke Eighth; thence S36°16’20”E and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 38.56 feet to the ACTUAL PLACE OF BEGINNING, said point being the most easterly corner of Lot 3, Block 1 of said Eastbrooke Eighth, thence S07°04’56”W and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 101.12 feet; thence S05°53’57”E and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 143.05 feet to the southeast corner of Lot 5, Block 1 of said Eastbrooke Eighth; thence S18°13’56”W and continuing on the easterly line of Block 1 of said Eastbrooke Eighth (if extended southerly) a distance of 180.73 feet to a point on the south line of Eastbrooke Drive, a street in the City of Kearney, Buffalo County, Nebraska; thence N73°26’41”W and continuing on the easterly line of said Eastbrooke Eighth and the south line of said Eastbrooke Drive a distance of 17.60 feet to the northeast corner of Lot 1, Block 4 of said Eastbrooke Eighth; thence leaving the south line of said Eastbrooke Drive S16°33’19”W and on the easterly line of Lot 1, Block 4 of said Eastbrooke Eighth a distance of 25.00 feet; thence S01°08’59”E and on the east line of Block 4 of said Eastbrooke Eighth a distance of 240.37 feet; thence leaving the east line of Block 4 of said Eastbrooke Eighth N87°44’46”E a distance of 215.48 feet; thence N38°56’58”E a distance of 253.70 feet; thence N03°26’41”E  a distance of 157.93 feet; thence N02°08’00”W a distance of 120.50 feet; thence N51°03’02”W a distance of 151.13 feet; thence N55°41’37”W a distance of 61.77 feet; thence N51°03’02”W a distance of 144.81 feet; thence S38°56’58’W a distance of 40.00 feet to the place of beginning, containing 4.39 acres, more or less, all in Buffalo County, Nebraska, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

INCLUSION INTO CITY LIMITS OF EASTBROOKE NINTH

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for the inclusion into the City limits of “EASTBROOKE NINTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the East Half of the Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 4.39 acres, more or less, Buffalo County, Nebraska (north of 56th Street and east of Eastbrooke Drive) and to consider approval of Resolution No. 2007-2.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for the inclusion into the City limits of “EASTBROOKE NINTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the East Half of the Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 4.39 acres, more or less, Buffalo County, Nebraska (north of 56th Street and east of Eastbrooke Drive) and approve Resolution No. 2007-2. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-2

 

            WHEREAS, an Application has been submitted by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for the inclusion of “EASTBROOKE NINTH” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the Sixth P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the northwest corner of Government Lot 3 of Section 19, said point also being the northwest corner of Eastbrooke Sixth, an addition to the City of Kearney, Buffalo County, Nebraska, and assuming the north line of said Government Lot 3 and the north line of said Eastbrooke Sixth and the north line of Eastbrooke Third, an addition to the City of Kearney, Buffalo County, Nebraska and the north line of Eastbrooke Seventh, an addition to the City of Kearney, Buffalo County, Nebraska, and the north line of Eastbrooke Eighth, an addition to the City of Kearney, Buffalo County, Nebraska, as bearing S89°57’37”E and all bearings contained herein are relative thereto; thence S89°57’37”E and on the aforesaid north line a distance of 1705.84 feet to the northeast corner of Outlot “B” of said Eastbrooke Eighth; thence S35°35’09”W and on the easterly line of Outlot “B” of said Eastbrooke Eighth a distance of 487.10 feet to the most northerly corner of Lot 3, Block 2 of said Eastbrooke Eighth; thence leaving the easterly line of Outlot “B” of said Eastbrooke Eighth S51°03’26”E and on the northerly line of Block 2 of said Eastbrooke Eighth a distance of 297.02 feet to the northeast corner of Lot 1, Block 2 of said Eastbrooke Eighth; thence S38°56’58”W and on the easterly line of Lot 1, Block 2 of said Eastbrooke Eighth a distance of 138.93 feet to the southeasterly corner of Lot 1, Block 2 of said Eastbrooke Eighth, said point also being on the north line of 62nd Street, a street in the City of Kearney, Buffalo County, Nebraska; thence S51°03’02”E and on the easterly line of said Eastbrooke Second and the northerly line of said 62nd Street a distance of 15.43 feet; thence S38°56’58”W and continuing on the easterly line of said Eastbrooke Eighth a distance of 160.00 feet to the southeasterly corner of Lot 1, Block 1 of said Eastbrooke Eighth; thence S15°49’23”E and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 52.29 feet to the southeast corner of Lot 2, Block 1 of said Eastbrooke Eighth; thence S36°16’20”E and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 38.56 feet to the ACTUAL PLACE OF BEGINNING, said point being the most easterly corner of Lot 3, Block 1 of said Eastbrooke Eighth, thence S07°04’56”W and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 101.12 feet; thence S05°53’57”E and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 143.05 feet to the southeast corner of Lot 5, Block 1 of said Eastbrooke Eighth; thence S18°13’56”W and continuing on the easterly line of Block 1 of said Eastbrooke Eighth (if extended southerly) a distance of 180.73 feet to a point on the south line of Eastbrooke Drive, a street in the City of Kearney, Buffalo County, Nebraska; thence N73°26’41”W and continuing on the easterly line of said Eastbrooke Eighth and the south line of said Eastbrooke Drive a distance of 17.60 feet to the northeast corner of Lot 1, Block 4 of said Eastbrooke Eighth; thence leaving the south line of said Eastbrooke Drive S16°33’19”W and on the easterly line of Lot 1, Block 4 of said Eastbrooke Eighth a distance of 25.00 feet; thence S01°08’59”E and on the east line of Block 4 of said Eastbrooke Eighth a distance of 240.37 feet; thence leaving the east line of Block 4 of said Eastbrooke Eighth N87°44’46”E a distance of 215.48 feet; thence N38°56’58”E a distance of 253.70 feet; thence N03°26’41”E  a distance of 157.93 feet; thence N02°08’00”W a distance of 120.50 feet; thence N51°03’02”W a distance of 151.13 feet; thence N55°41’37”W a distance of 61.77 feet; thence N51°03’02”W a distance of 144.81 feet; thence S38°56’58’W a distance of 40.00 feet to the place of beginning, containing 4.39 acres, more or less, all in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on December 15, 2006 on the inclusion of “EASTBROOKE NINTH” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “EASTBROOKE NINTH” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on January 9, 2007 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “EASTBROOKE NINTH” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that the inclusion of “EASTBROOKE NINTH” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

REZONING OF 5355 COTTONMILL AVENUE

 

Public Hearings 4 and 5 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Trenton Snow (Applicant) for Robert and Georgia Byrn (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 the West Half of the Northwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., containing 3.98 acres, more or less, of which 0.376 acres, more or less, are presently being used for road purposes, Buffalo County, Nebraska (5355 Cottonmill Avenue).  Planning Commission recommended approval.

 

The applicant is requesting approval to rezone and subdivide a tract of land that is approximately 3.98 acres of which approximately 0.376 acres are being used for roadway purposes.  This property is currently described by metes and bounds description and the owner has requested a building permit which triggers the subdivision requirement by state law for parcels less than 10 acres.  This one-lot subdivision is located west of town in the Two-Mile Extraterritorial Zoning Jurisdiction.  The exact location is 5355 Cottonmill Avenue.

 

The proposed use is for a rural residence.  The proposed rezoning is from Agricultural to Rural Residential District (Rural Standards).  The rezoning request is consistent with the land use designation of “Rural Estates” shown on the Future Land Use Map of the City of Kearney Comprehensive Development Plan.  This property will be served by individual well and septic systems.

 

Trenton Snow, Land Surveyor presented this matter to the Council.  The owners need to build an accessory building to their property.  Due to Kearney’s growth, they are within the two-mile radius jurisdiction of Kearney. They are requesting to rezone their property and create a subdivision on this property.  There will not be any addition or subtraction to their land, except for the extra 17 feet that will be given to Cottonmill Avenue.  The original right-of-way was 33 feet.  With the addition of these 17 feet, there will be a total right-of-way on that side of the road of 50 feet.  All utilities servicing the property will remain the same.  There is a private septic and well system in place which will remain the same. There should no additional cost to the City for this subdivision. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Application submitted by Trenton Snow (Applicant) for Robert and Georgia Byrn (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 the West Half of the Northwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., containing 3.98 acres, more or less, of which 0.376 acres, more or less, are presently being used for road purposes, Buffalo County, Nebraska (5355 Cottonmill Avenue). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

FINAL PLAT FOR BYRN SUBDIVISION

 

Mayor Clouse opened the public hearing on the Application submitted by Trenton Snow (Applicant) for Robert and Georgia Byrn (Owner) for final plat approval for “BYRN SUBDIVISION” a subdivision of Buffalo County, Nebraska for property described as being part of the West Half of the Northwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., containing 3.98 acres, more or less, of which 0.376 acres, more or less, are presently being used for road purposes, Buffalo County, Nebraska (5355 Cottonmill Avenue) and to consider approval of Resolution No. 2007-3.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the Application submitted by Trenton Snow (Applicant) for Robert and Georgia Byrn (Owner) for final plat approval for “BYRN SUBDIVISION” a subdivision of Buffalo County, Nebraska for property described as being part of the West Half of the Northwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., containing 3.98 acres, more or less, of which 0.376 acres, more or less, are presently being used for road purposes, Buffalo County, Nebraska (5355 Cottonmill Avenue) and approve Resolution No. 2007-3. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-3

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “BYRN SUBDIVISION” a subdivision being that property described as two tracts of land located in the West Half of the Northwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: referring to the northwest corner of Section 29, Township 9 North, Range 16 West; thence southerly on and along the west line of said Section 29 a distance of 699.0 feet to the ACTUAL PLACE OF BEGINNING; thence with a deflection angle to the left of 90°15’ on and along the south line of Block 3 of Buffalo Hills Subdivision, a subdivision of the Northwest Quarter of Section 29, Township 9 North, Range 16 West a distance of 372.0 feet; thence right 90°00’ a distance of 220.5 feet; thence right 90°00’ and parallel to the south line of Block 3 of said Buffalo Hills Subdivision a distance of 372.96 feet to a point on the west line of the Northwest Quarter of said Section 29; thence northerly on said west line a distance of 220.5 feet to the place of beginning, containing 1.885 acres, more or less of which 0.167 acres, more or less are presently being used for road purposes; AND referring to the northwest corner of Section 29, Township 9 North, Range 16 West; thence southerly on and along the west line of said Section 29, a distance of 919.5 feet to the ACTUAL PLACE OF BEGINNING; thence with a deflection angle to the left of 90°15’ a distance of 372.96 feet; thence right 90°00’ a distance of 244.0 feet; thence right 90°00’ a distance of 93.4 feet; thence southwesterly a distance of 283.3 feet to a point on the west line of the Northwest Quarter of said Section 29, said point being 277.6 feet south of the place of beginning; thence north 277.6 feet to the place of beginning, containing 2.112 acres, more or less of which 0.209 acres, more or less are presently being used for road purposes, Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

CATERING LIQUOR APPLICATION FOR APPLEBEE’S NEIGHBORHOOD GRILL & BAR

 

Mayor Clouse opened the public hearing on the Application for a Catering License submitted by CONCORD NEIGHBORHOOD CORPORATION, dba “Applebee’s Neighborhood Grill & Bar” in connection with their Class I-55213 liquor license located at 5605 2nd Avenue and to consider approval of Resolution No. 2007-4.

 

Paul Rieken presented this matter to the Council.  He stated that they are going to be hosting the Cattleman’s Classic this year and are applying for a catering license to accomplish that task. In addition to menus, they will be serving beer and spirits at the Buffalo County Fairgrounds for that event. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the Application for a Catering License submitted by CONCORD NEIGHBORHOOD CORPORATION, dba “Applebee’s Neighborhood Grill & Bar” in connection with their Class I-55213 liquor license located at 5605 2nd Avenue and approve Resolution No. 2007-4. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-4

 

            WHEREAS, CONCORD NEIGHBORHOOD CORPORATION, dba “Applebee’s Neighborhood Grill & Bar” has filed with the City Clerk of the City of Kearney, Nebraska, an application for a Catering License in connection with their Class “I-55213” Liquor License and doing business at 5605 2nd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on January 9, 2007.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Catering License to CONCORD NEIGHBORHOOD CORPORATION, dba “Applebee’s Neighborhood Grill & Bar” in connection with their Class “I-55213” Liquor License located at 5605 2nd Avenue.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

PROPOSED ACQUISITION OF PROPERTY FOR 39TH STREET PROJECT

 

Mayor Clouse opened the public hearing on the proposed acquisition for right-of-way purposes in connection with 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements 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 of the following tracts of land and to consider approval of Resolution No. 2007-5.

TRACT 1 – NEW RIGHT-OF-WAY

A tract of land being part of Oran’s Addition to the City of Kearney, Buffalo County, Nebraska, as the same is located and laid out on the Southwest Quarter of the Southwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: beginning at the southeast corner of Oran’s Addition said point being on the north line of 39th Street, a street in the City of Kearney and 33.0 feet north of the south line of said Section 25; thence northerly on the east line of Oran’s Addition, a distance of 28.52 feet; thence deflecting left 84°25’ a distance of 65.25 feet to a point 35.0 feet north of the north line of 39th Street; thence deflecting left 95°42’ a distance of 9.5 feet to a point 25.5 feet north of the north line of said 39th Street; thence deflecting right 90°00’ and parallel with the north line of the aforesaid 39th Street a distance of 156.0 feet; thence deflecting right of 04°02’ a distance of 6.27 feet; thence deflecting right 85°58’ a distance of 16.56 feet; thence deflecting left 90°00’ a distance of 28.73 feet; thence deflecting right 54°31’ a distance of 4.16 feet to a point on the existing highway right-of-way; thence southwesterly and on said highway right-of-way a distance of 49.91 feet to a point on the north line of 39th Street; thence easterly on the aforesaid north line of 39th Street a distance of 259.67 feet to the point of beginning, containing 7,560 square feet (0.17 acres) more or less, all in Buffalo County, Nebraska.

TRACT 2 – NEW RIGHT-OF-WAY

A tract of land being part of Lots 15 and 16, Baker’s Subdivision of Lot 60, Northwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska more particularly described as follows: referring to the northwest corner of said Lot 15; thence southerly on the west line of said Lot 15 a distance of 19.97 feet to the point of beginning; thence continuing southerly on said west line a distance of 90.03 feet to a point on the south line of the north 110 feet of Lot 15; thence easterly on said south line a distance of 8.58 feet; thence northerly parallel with the west line of said Lot 15 a distance of 67.28 feet; thence easterly parallel with the north line of said Lot 15 a distance of 0.9 feet; thence deflecting left 72°12; a distance of 22.26 feet to a point 21.53 feet southerly of as measured perpendicular to the north line of Lot 15; thence deflecting right 72°12’ and running easterly parallel with said north line a distance of 7.86 feet; thence deflecting left 45°00’ a distance of 3.79 feet; thence deflecting left 45°00’ a distance of 5.4 feet; thence deflecting right 38°20’ a distance of 4.68 feet; thence deflecting right 25°46’ a distance of 15.42 feet to a point on the west line of said Lot 16, said point being 2.2 feet south of the northwest corner of said Lot 16; thence continuing on the aforedescribed course a distance of 4.55 feet to a point on the north line of said Lot 16, said point being 47.0 feet easterly  of the northwest corner of said Lot 15; thence westerly on the north line of Lot 15 and Lot 16 a distance of 13.15 feet; thence deflecting left 30°30’ and leaving the aforesaid north line a distance of 39.34 feet to the point of beginning, containing 1,201 square feet (0.03 acres) more or less, all in Buffalo County, Nebraska.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. 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.

 

At the November 28, 2006 City Council meeting, the City Council approved the plans and specifications for 2007 Part II Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements 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 December 26, 2006 City Council meeting the City Council approved the bids and awarded the contract for construction to Paulsen Inc. of Cozad.

 

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 November 22, 2006 offers to acquire the parcels along with a copy of the appraisals were mailed to property owners.  Staff set aside the day of December 5, 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.

 

Three tracts of land will be required for the construction of the project.   One tract is required on the north side of 39th Street due to the addition of a common right turn lane.  Two tracts are required on the south side of 39th Street along 2nd Avenue 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.

 

They will continue to work with the property owners to negotiate improvements or additional things we can do to their property to acquire what is needed.  If they are unable to come to terms on that additional right-of-way, they need approval to go forward with condemnation in order not to delay the project.  There are three pieces of acquisitions for this portion of the project.  They have been talking to the two property owners on the corner and met with the other owner two days ago.   Although they don’t have any property really tied up with an agreement on this yet, he believed the negotiations are getting closer to having those agreements in place.  There will be additional property that goes on to the east which will be brought forward in the future. 

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve the proposed acquisition for right-of-way purposes in connection with 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements 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 of the following tracts of land and to approve Resolution No. 2007-5.  TRACT 1 – NEW RIGHT-OF-WAY.  A tract of land being part of Oran’s Addition to the City of Kearney, Buffalo County, Nebraska, as the same is located and laid out on the Southwest Quarter of the Southwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: beginning at the southeast corner of Oran’s Addition said point being on the north line of 39th Street, a street in the City of Kearney and 33.0 feet north of the south line of said Section 25; thence northerly on the east line of Oran’s Addition, a distance of 28.52 feet; thence deflecting left 84°25’ a distance of 65.25 feet to a point 35.0 feet north of the north line of 39th Street; thence deflecting left 95°42’ a distance of 9.5 feet to a point 25.5 feet north of the north line of said 39th Street; thence deflecting right 90°00’ and parallel with the north line of the aforesaid 39th Street a distance of 156.0 feet; thence deflecting right of 04°02’ a distance of 6.27 feet; thence deflecting right 85°58’ a distance of 16.56 feet; thence deflecting left 90°00’ a distance of 28.73 feet; thence deflecting right 54°31’ a distance of 4.16 feet to a point on the existing highway right-of-way; thence southwesterly and on said highway right-of-way a distance of 49.91 feet to a point on the north line of 39th Street; thence easterly on the aforesaid north line of 39th Street a distance of 259.67 feet to the point of beginning, containing 7,560 square feet (0.17 acres) more or less, all in Buffalo County, Nebraska.  TRACT 2 – NEW RIGHT-OF-WAY.  A tract of land being part of Lots 15 and 16, Baker’s Subdivision of Lot 60, Northwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska more particularly described as follows: referring to the northwest corner of said Lot 15; thence southerly on the west line of said Lot 15 a distance of 19.97 feet to the point of beginning; thence continuing southerly on said west line a distance of 90.03 feet to a point on the south line of the north 110 feet of Lot 15; thence easterly on said south line a distance of 8.58 feet; thence northerly parallel with the west line of said Lot 15 a distance of 67.28 feet; thence easterly parallel with the north line of said Lot 15 a distance of 0.9 feet; thence deflecting left 72°12; a distance of 22.26 feet to a point 21.53 feet southerly of as measured perpendicular to the north line of Lot 15; thence deflecting right 72°12’ and running easterly parallel with said north line a distance of 7.86 feet; thence deflecting left 45°00’ a distance of 3.79 feet; thence deflecting left 45°00’ a distance of 5.4 feet; thence deflecting right 38°20’ a distance of 4.68 feet; thence deflecting right 25°46’ a distance of 15.42 feet to a point on the west line of said Lot 16, said point being 2.2 feet south of the northwest corner of said Lot 16; thence continuing on the aforedescribed course a distance of 4.55 feet to a point on the north line of said Lot 16, said point being 47.0 feet easterly  of the northwest corner of said Lot 15; thence westerly on the north line of Lot 15 and Lot 16 a distance of 13.15 feet; thence deflecting left 30°30’ and leaving the aforesaid north line a distance of 39.34 feet to the point of beginning, containing 1,201 square feet (0.03 acres) more or less, all in Buffalo County, Nebraska

Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-5

 

            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 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements; 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 being part of Oran’s Addition to the City of Kearney, Buffalo County, Nebraska, as the same is located and laid out on the Southwest Quarter of the Southwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: beginning at the southeast corner of Oran’s Addition said point being on the north line of 39th Street, a street in the City of Kearney and 33.0 feet north of the south line of said Section 25; thence northerly on the east line of Oran’s Addition, a distance of 28.52 feet; thence deflecting left 84°25’ a distance of 65.25 feet to a point 35.0 feet north of the north line of 39th Street; thence deflecting left 95°42’ a distance of 9.5 feet to a point 25.5 feet north of the north line of said 39th Street; thence deflecting right 90°00’ and parallel with the north line of the aforesaid 39th Street a distance of 156.0 feet; thence deflecting right of 04°02’ a distance of 6.27 feet; thence deflecting right 85°58’ a distance of 16.56 feet; thence deflecting left 90°00’ a distance of 28.73 feet; thence deflecting right 54°31’ a distance of 4.16 feet to a point on the existing highway right-of-way; thence southwesterly and on said highway right-of-way a distance of 49.91 feet to a point on the north line of 39th Street; thence easterly on the aforesaid north line of 39th Street a distance of 259.67 feet to the point of beginning, containing 7,560 square feet (0.17 acres) more or less, all in Buffalo County, Nebraska.

TRACT 2 – NEW RIGHT-OF-WAY

A tract of land being part of Lots 15 and 16, Baker’s Subdivision of Lot 60, Northwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska more particularly described as follows: referring to the northwest corner of said Lot 15; thence southerly on the west line of said Lot 15 a distance of 19.97 feet to the point of beginning; thence continuing southerly on said west line a distance of 90.03 feet to a point on the south line of the north 110 feet of Lot 15; thence easterly on said south line a distance of 8.58 feet; thence northerly parallel with the west line of said Lot 15 a distance of 67.28 feet; thence easterly parallel with the north line of said Lot 15 a distance of 0.9 feet; thence deflecting left 72°12; a distance of 22.26 feet to a point 21.53 feet southerly of as measured perpendicular to the north line of Lot 15; thence deflecting right 72°12’ and running easterly parallel with said north line a distance of 7.86 feet; thence deflecting left 45°00’ a distance of 3.79 feet; thence deflecting left 45°00’ a distance of 5.4 feet; thence deflecting right 38°20’ a distance of 4.68 feet; thence deflecting right 25°46’ a distance of 15.42 feet to a point on the west line of said Lot 16, said point being 2.2 feet south of the northwest corner of said Lot 16; thence continuing on the aforedescribed course a distance of 4.55 feet to a point on the north line of said Lot 16, said point being 47.0 feet easterly  of the northwest corner of said Lot 15; thence westerly on the north line of Lot 15 and Lot 16 a distance of 13.15 feet; thence deflecting left 30°30’ and leaving the aforesaid north line a distance of 39.34 feet to the point of beginning, containing 1,201 square feet (0.03 acres) more or less, all in 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 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements.

            NOW, THEREFORE, BE IT RESOLVED by the 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 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Mayor Clouse stated the Agenda has been amended to include Items 9 and 10. 

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 10 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held December 26, 2006.

 

2.         Approve the following Claims: Aflac $2,207.10 ps; Alltel $3,224.52 smcs; Amer Red Cross $16.00 smcs; Amack,D $20.14 smcs; Anderson Brothers $137.54 smcs; Anderson,D $25.21 smcs; Anderson,M $90.00 smcs; Apple Books $390.11 smcs; Arkle,J $89.00 smcs; Ask Supply $241.50 smcs; Aurora Co-op $635.13 smcs; Baker & Taylor Books $5,197.14 smcs; Bamford $450.00 smcs; BBC Audiobooks $324.77 smcs; Beisheim,S $396.00 smcs; Bennett,T $1,029.75 smcs; Biship,D $30.99 smcs; Blessing $41,833.01 co; Bluecross Blueshield $22,623.01 smcs; Bob's Super Store $16.65 smcs; Borer,K $14.52 smcs; Borwski,J $11.35 smcs; Bosselman $8,608.78 smcs; Bound to Stay Bound $2,607.26 smcs; Brewster,M $33.48 smcs; Brodart $91.85 smcs; Broadfoot Sand & Gravel $65.00 smcs; Buffalo Co Court $399.52 ps; Buffalo Co Sheriff $103,441.00 smcs; Buffalo Co Treasurer $79.18 smcs; Bult,A $29.55 smcs; Carr Fine Jewelry $60.90 smcs; Central Power Cummins $793.02 smcs; Chad $36.00 ps; Charter Communications $54.99 smcs; Charter Paging $22.46 smcs; City of Ky $259,892.85 ps,smcs,co; Clipper Herald $676.60 smcs; College Savings Plan of NE $75.00 ps; Colorado Chapter ICC $390.00 smcs; Comcate $5,550.00 smcs; Creative Teacher $15.98 smcs; Culligan $347.00 smcs; D&M Security $54.00 smcs; Dan Roeder Concrete $125,863.86 co; Dell $5,179.90 co; Dept of Treasury $22.39 ps; Dobberstein,C $60.00 smcs; Double M Farms $2,000.00 smcs; Duncan,M $31.26 smcs; Dutton-Lainson $424.67 smcs,co; Eakes Office Products $116.32 smcs; EDM Equipment $939.54 smcs; Elliott $1,707.02 smcs; Eirich,T $50.00 smcs; Farmers Union Coop $12.00 smcs; Fedex $9.51 smcs; Finke,V $45.30 smcs; Fort Bend Services $7,686.25 smcs; Great Plains Safety $1,895.00 smcs; Harshbarger,K $406.70 smcs; Hausmann Construction $108,531.00 co; HD Supply Waterworks $2,187.33 smcs; Hometown Leasing $552.54 smcs; ICMA RC $2,766.30 ps; IRS $94,023.55 ps; Iteris $1,525.00 smcs; J&A Traffic Products $4,792.50 smcs; Jeldon,L $90.00 smcs; Johnson Service $110.50 smcs; Johnson,S $50.00 smcs; Kayton Electric $64,800.00 co; Ky Glass $71.84 smcs; Ky Hub $307.00 smcs; Ky Humane Society $100.00 smcs; Ky Noon Rotary $190.00 smcs; Ky United Way $744.36 ps; Ky Visitors Bureau $34,891.74 smcs; Kirkham Michael $17,538.30 smcs, co; Klahn,J $608.27 smcs; Konica Minolta Business $4.50 smcs; Kooyman,R $200.00 ps; KQKY-FM/KGFW-AM $750.00 smcs; KRNY-FM $420.00 smcs; Laughlin,K $180.00 ps; Law Enforcement Training $51.00 smcs; McCalslin,S $9.65 smcs; Magic Cleaning Services $365.50 smcs; Matthew Bender & Co $35.90 smcs; Metlife $7,965.07 ps; Midlands Contracting $231,141.10 co; Miller & Associates $6,884.13 co; Midwest Turf $39,893.00 co; Mosbarger,B $200.00 ps; Moulten,N $27.73 smcs; Mr. Basketball $400.00 smcs; NE Child Support $2,393.96 ps; NE Dept of Revenue $70,023.65 ps,smcs; NE Machinery $174,812.00 co; NE Rural Water Assn $25.00 smcs; Nelson's Furniture $809.10 smcs; Northwestern Energy $9,554.42 smcs; Office Depot $432.69 smcs; Officenet $299.00 smcs; Oxford University Press $72.31 smcs; Panter,N $55.00 smcs; Paramount Linen $79.43 smcs; Pt's Plumbing Service $295.00 smcs; Payflex Systems $412.25 ps; Pep Co $51.10 smcs; Platte Valley Comm $3,863.87 smcs; Postmaster $72.00 smcs; Presto-X $133.00 smcs; QPR $1,313.64 smcs; Radliff,B $423.00 smcs; Random House $44.40 smcs; Reed,C $31.25 smcs; Respond First Aid Systems $283.30 smcs; RK Best Woodfinishing $203.25 smcs; Rowland,B $11.33 smcs; Sage,P $40.90 smcs; Sampson Construction $21,418.00 co; Sargent Drilling $389,846.19 co; Schaaf,T $63.16 smcs; Schroeder,J $24.52 smcs; See Clear Cleaning $1,900.00 smcs; Sid Dillion Wahoo $21,574.00 co; Snap-On Tools $21.00 smcs; Springer Roofing $350.00 smcs; State of Ne/DAS $18.91 smcs; State of NE/HHSR&L $846.00 smcs; Sun Life Financial $21,848.55 smcs; Swanson Food Service $2,036.80 smcs; Sydow,J $40.00 smcs; Teledyne $659.00 smcs; Thomson,G $2,877.36 smcs; Thull,J $27.73 smcs; Tropp,G $23.10 smcs; UAP Distribution $37.44 smcs; Unruh,K $13.77 smcs; US Postmaster $559.00 smcs; VanDiest Supply $7,110.00 smcs; Village Uniform $338.89 smcs; Watson,L $168.00 smcs; Wilkins Hinrichs Stober $757.00 co; Wright,J $9.65 smcs; Young,M $19.02 smcs; Payroll Ending 12-23-2006 -- $280,919.19.  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.         Approve Change Order No. 1 showing an increase for 15 additional working days submitted by Kayton Electric, Inc. in connection with the Kearney Lighting Project - Runway 13/31, Taxiway 'B', 'C', 'D', 'E', and 'F' (AIP Project: 3-31-0045-17) and approve Resolution No. 2007-6.

 

RESOLUTION NO. 2007-6

 

WHEREAS, Kayton Electric Inc. has performed services in connection with the Kearney Lighting Project - Runway 13/31, Taxiway 'B', 'C', 'D', 'E', and 'F' (AIP Project: 3-31-0045-17) at the Kearney Regional Airport, and have filed Change Order No. 1 showing an increase for 15 additional working days as shown on Exhibit “A”, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$436,557.30

            Change Order No. 1 (1-9-2007)

Increase working days to 65 from 50

Spring start date of April 2, 2007 for airfield construction

 

Contract Sum To Date

$436,557.30

 

            NOW, THEREFORE, BE IT RESOLVED by the 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 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

4.         Accept the Warranty Deed granted to the City of Kearney by Jeremiah and Denise Quintin for a tract of land being the north 12.5 feet of Lot 142 and the south half of Lot 143, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2219 Avenue A) and approve Resolution No. 2007-7.

 

RESOLUTION NO. 2007-7

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire a tract of property described as being the north 12.5 feet of Lot 142 and the south half of Lot 143, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2219 Avenue A); and

            WHEREAS, Jeremiah Quintin and Denise Quintin have granted to the City of Kearney a Warranty Deed for a tract of property described as being the north 12.5 feet of Lot 142 and the south half of Lot 143, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2219 Avenue A).

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Warranty Deed be and is hereby accepted.

            PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve Change Order No. 2 showing a decrease in the amount of $5,988.10, Application and Certificate for Payment No. 3-Final in the amount of $30,698.54, and the Certificate of Substantial Completion submitted by Midlands Contracting, Inc. and approved by Miller & Associates for the 2006 Part III Improvements – Bid A consisting of Water District No. 2006-543 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Water District No. 2006-544 for 17th Avenue from 14th Street south to 11th Street; Sewer District No. 2006-486 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th Street and approve Resolution No. 2007-8.

 

RESOLUTION NO. 2007-8

 

WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part III Improvements – Part A consisting of Water District No. 2006-543 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Water District No. 2006-544 for 17th Avenue from 14th Street south to 11th Street; Sewer District No. 2006-486 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $5,988.10 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. 3-Final in the amount of $30,698.54 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$307,098.50

            Change Order No. 1 (11-14-2006)

            Change Order No. 2 (1-9-2007)

+   5,875.00

-   5,988.10

Contract Sum To Date

306,985.40

Gross Amount Due

306,985.40

Retainage

.00

Amount Due to Date

306,985.40

Less Previous Certificates for Payment

  276,286.86

Current Payment Due

$  30,698.54

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of October 25, 2006, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibit “A”, Application and Certificate for Payment No. 3-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 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve the Developer Constructed Infrastructure Agreement for paving, water and sewer improvements in 36th Street Place for Brandt’s Hillside Estates between the City of Kearney and James Gregory Brandt, Sr. and Tamara S. Brandt and approve Resolution No. 2007-9.

 

RESOLUTION NO. 2007-9

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” between the City of Kearney and James Gregory Brandt, Sr., Trustee under the James Gregory Brandt, Sr. Trust Agreement and Tamara S. Brandt, Trustee under the Tamara S. Brandt Trust Agreement for the construction of paving, water, sanitary sewer, and storm sewer improvements for 36th Street Place located in Brandt’s Hillside Estates, an addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department:  Gary Davenport, Stuart Hostetler, Ryan Knaus, and Rob Van Horn and approve Resolution No. 2007-10.

 

RESOLUTION NO. 2007-10

 

            WHEREAS, Jerry Thompson, Chief of the Kearney Volunteer Fire Department, has forwarded several names of individuals desiring to serve as volunteers in the Kearney Volunteer Fire Department; and

            WHEREAS, based on the recommendation of Chief Thompson, the City Council of the City of Kearney, Nebraska hereby finds and determines that said persons listed are fully capable and qualified to serve a membership in the Kearney Volunteer Fire Department; and

            WHEREAS, in order to be qualified for benefits in accordance with Sections 48-115, et seq. of the Nebraska Revised Statutes, said volunteer firefighters acting outside the corporate limits of the City must be officially directed to do so in order to be eligible.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that those persons recommended by the Chief of the Kearney Volunteer Fire Department for membership in the Kearney Volunteer Fire Department as set forth on the attached letter of recommendation, marked Exhibit “A,” attached hereto and made a part hereof by reference, are hereby confirmed as members of the Kearney Volunteer Fire Department for the purposes of and in accordance with Section 48-115 of the Nebraska Revised Statutes, and that said members are fully entitled to benefits under the Workers’ Compensation Act.

            BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit “A” are hereby specifically authorized and directed to serve outside the corporate limits of the municipality under the direction, orders and authority of the Chief of the Kearney Volunteer Fire Department in accordance with Section 4-204 of the Kearney City Code.

            PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve the Developer Constructed Infrastructure Agreement for paving, water and sewer improvements to serve Eastbrooke Ninth between the City of Kearney and Camron, Inc. and approve Resolution No. 2007-11.

 

RESOLUTION NO. 2007-11

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” between the City of Kearney and Camron Inc. for the construction of paving, water, sanitary sewer, and storm sewer improvements to serve Eastbrooke Ninth, an addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve the Developer Constructed Infrastructure Agreement for paving, water and sewer improvements Grandwest, LLC for Lots 1 through 27 of Block 1, Lots 1 through 9 of Block Two, Lots 1 through 6 of Block 3, Lots 1 through 4 of Block 4, Lots 1 through 14 of Block 5, Lots 1 through 6 of Block 6, and Outlot A, all in Fountain Hills First Addition and approve Resolution No. 2007-12.

 

RESOLUTION NO. 2007-12

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” between the City of Kearney and Grandwest, LLC, a Nebraska Limited Liability Company for the construction of paving, water, sanitary sewer, and storm sewer improvements for Lots 1 through 27 of Block 1, Lots 1 through 9 of Block Two, Lots 1 through 6 of Block 3, Lots 1 through 4 of Block 4, Lots 1 through 14 of Block 5, Lots 1 through 6 of Block 6, and Outlot A, all in Fountain Hills First Addition, an addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto, negotiated with Steve Craig, Managing Partner of Grandwest, LLC to construct paving, water, sanitary sewer, and storm sewer improvements as stated above.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve the application for a Special Designated License submitted by BARISTA COMPANY, dba “Barista’s Daily Grind” in connection with their Class I-64662 liquor license to dispense wine inside the Museum of Nebraska Art, 2401 Central Avenue on January 21, 2007 from 4:00 p.m. until 9:00 p.m.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7315 – REZONING OF NORTH OF 56TH STREET AND EAST OF EASTBROOKE DRIVE  (PERTAINS TO PUBLIC HEARING 1)

 

Council Member Buschkoetter introduced Ordinance No. 7315, being Subsection 1 of Agenda Item VI 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 East Half of the Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 4.39 acres, more or less, Buffalo County, Nebraska (north of 56th Street and east of Eastbrooke Drive), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7315 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Kearney that Ordinance No. 7315 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7315 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7316 – REZONING OF 5355 COTTONMILL AVENUE  (PERTAINS TO PUBLIC HEARING 4)

 

Council Member Buschkoetter introduced Ordinance No. 7316, being Subsection 2 of Agenda Item VI 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 the West Half of the Northwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., containing 3.98 acres, more or less, of which 0.376 acres, more or less, are presently being used for road purposes, Buffalo County, Nebraska (5355 Cottonmill Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7316 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Kearney that Ordinance No. 7316 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7316 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $41,191.65, SCHOOL DISTRICT #7 - $1,599.39

 

Moved by Kearney seconded by Lammers that Open Account Claims in the amount of $41,191.65 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear abstained. Motion carried.

 

Moved by Lear seconded by Clouse that Open Account Claims in the amount of $1,599.39 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Lear, Kearney. Nay: None. Buschkoetter and Lammers abstained. Motion carried.

 

VII.    REPORTS

 

UPDATE ON ICE STORM

 

City Manager Michael Morgan stated that he wanted to thank the citizens for doing an outstanding job in assisting the City in taking limbs to the various drop off sites.  The City crews are out working diligently representing various departments in the limb removal.  The limb pick up is a lengthy task, but they are making progress aided right now by the good weather.  The issues that are a challenge for the City staff are the trees that are in the right-of-way.  In a community of this size, the number of trees that are in the rights-of-way are going to be an enormous task for them.  City staff is committed to working with citizens to identify those trees that need to be removed; some that pose a potential dangerous situation and others that need to be trimmed. 

 

Director of Park & Recreation Neal Lewis stated that they are attempting to save as many of our trees as possible.  Trees that have been split in half are obviously beyond repair and must be removed.  Street trees need to be closely examined to determine if they have dead wood throughout which would make a tree likely not to make it.  There are many street trees with large limbs hanging down.  These trees will be handled by an outside arborist firm that has a bucket truck and the ability to get up and get those limbs.  If the tree looses more than 1/3 of its crown, it probably can’t feed itself.  As a result, the tree becomes weakened making it more susceptible to wind storms and might need to be removed later anyway. 

 

Regarding downtown trees, the plan is to go through and take out the damageed and the hanging limbs.  There is some beautiful trees downtown, but many are really hurting from damage.  Some of the trees in the newer areas, such as in Harvey Park, have broken branches which they will use bucket trucks to trim up.  While they are doing this, they will also trim up some of the ones that are hanging over the street which cause problems for sanitation and snow removal.  They will do that within reason because they do not want to spend a tremendous amount of money.  However, they believe it does present an opportunity to remove some obstacles to City services.  The horizontal branches on trees are a disaster waiting to happen.

 

Mr. Lewis commended the public for their response to using the park drop off sites.  The volume that they have hauled saves the City crews a tremendous amount of time.  The City is going out for bid for a grinder which does not close until the end of January so the piles will be there for a while.  The tub grinder will come on site and grind the branches down to woodchips. The tub grinder will go through most any type of wood so there should not be any major problems. The public will be invited to haul away woodchips from the various park sites if they want them and the remainder will be hauled to various park areas and out to the landfill.  Once the spring activities start, they will need their parking lots cleared so the woodchips will have to be removed. 

 

The Park Department has given out a set of specifications to a number of people who are interested in doing some tree work.  Those need to be returned by Friday, January 12, 2007 by 10:00 a.m.  The work will then begin.  The crews will probably start next week; there are a number of trees down at Cottonmill Park and the Kearney Cemetery. 

 

ENPLANEMENTS

 

City Manager stated that the enplanements at the Kearney Regional Airport were 8,616 for the 2006 calendar year which is the second highest in Kearney’s history.  It is possible it would have made 9,000 enplanements but did not happen due to five days without service due to the weather in Denver.  The City is fortunate enough to hit that kind of pace this year; they will exceed 10,000 enplanements relatively easy. 

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Kearney that Council adjourn at 7:40 p.m. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR