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