Kearney, Nebraska

February 27, 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 February 27, 2007, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Cathy Vogt, Acting 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: Paul Wice from KGFW Radio, Todd Gottula from Kearney Hub, 5 UNK students and Thomas Schlund, UNK Student Council.

 

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

 

Mayor Clouse and the Council members held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

A Boy Scout 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

 

None

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

PROPOSED ACQUISITIONS FOR 39TH STREET PROJECT FROM 2ND AVENUE TO PONY EXPRESS ROAD

 

Mayor Clouse opened the public hearing on the proposed acquisition for right-of-way purposes in connection with 2007 Part II Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue east to Pony Express Road of the following tracts of land and to consider approval of Resolution No. 2007-24:

            TRACT 1 – NEW RIGHT-OF-WAY (BRIAN AND MARY RODINE)  A tract of land being the South 2.0 feet of Lot 14, Block 2, Arrowhead Hills Subdivision, a Subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 14, said point being on the north line of 39th Street, a street in the City of Kearney, thence northerly on the east line of said Lot 14 a distance of 2.0 feet; thence westerly parallel with the north line of said 39th Street a distance of 130.0 feet to a point on the east line of Pony Express Road, a street in the City of Kearney; thence southerly on the east line of said Pony Express Road a distance of 2.0 feet to the southwest corner of Lot 14, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 130.0 feet to the point of beginning, containing 260 Sq. Ft (0.01 Acres) more or less.

            TRACT 2 – NEW RIGHTS-OF-WAY (ARROWHEAD VILLAGE CONDOMINIUM)  A tract of land being part of Lot 3, St. James Subdivision”, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 3, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 3 a distance of 17.0 feet; thence westerly and parallel with the north line of said 39th Street a distance of 36.6 feet; thence deflecting left 90°00’ a distance of 5.0 feet; thence deflecting right 90°00’ a distance of 121.4 feet to a point on the west line of Lot 3; thence southerly on the west line of said Lot 3 a distance of 12.0 feet to the southwest corner of Lot 3, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 158.0 feet to the point of beginning, containing 2,071 Sq. Ft. (0.05 Acres) more or less; AND a tract of land being part of Lot 2, St. James Subdivision,  a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 2, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 2 a distance of 12.0 feet; thence westerly and parallel with the north line of said 39th Street a distance of 105.1 feet; thence deflecting right 90°00’ a distance of 5.0 feet; thence deflecting left 90°00’ a distance of 53.4 feet to a point on the west line of Lot 2, thence southerly on the west line of said Lot 2 a distance of 17.0 feet to the southwest corner of Lot 2, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 158.5 feet to the point of beginning, containing 2,183 Sq. Ft (0.05 Acres) more or less; AND a tract of land being part of Lot 1, St. James Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows:  Beginning at the southeast corner of Lot 1, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 1 a distance of 10.0 feet; thence deflecting left 88°00’ a distance of 61.2 feet to a point 12.0 feet north of the north line of said 39th Street; thence deflecting left 01°57; and parallel with north line of said 39th Street a distance of 113.9 feet to a point on the west line of Lot 1; thence southerly on the west line of said Lot 1 a distance of 12.0 feet to the southwest corner of Lot 1, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 175.0 feet to the point of beginning, containing 2,076 Sq. Ft. (0.05 Acres) more or less.

            TRACT 3 – NEW RIGHT-OF-WAY (N & K INVESTMENT CO.)  A tract of land being part of Lot 12, Block 3, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 12, Block 3, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 12, Block 3 a distance of 41.2 feet; thence deflecting left 133°52’ a distance of 37.8 feet to a point 15.0 feet north of the north line of 39th Street; thence deflecting right 43°49’ and parallel with the north line of said 39th Street a distance of 9.1 feet; thence deflecting right 01°45’ a distance of 65.53 feet to point 17.0 feet north of the north line of said 39th Street; thence deflecting Left 01°45’ and parallel with the north line of said 39th Street a distance of 50.0 feet; thence deflecting right 90°00’ a distance of 7.0 feet; thence deflecting left 90°00’ and parallel with the north line of said 39th Street a distance of 150.0 feet; thence deflecting right 01°85’45” a distance of 50.0 feet to a point 25.0 feet north of the north line of said 39th Street; thence deflecting left 01°08’45” and parallel with the north line of said 39th Street a distance of 25.0 feet; thence deflecting 05°45’ a distance of 35.49 feet to a point on the west line of Lot 12, Block 3, thence southerly on said west line a distance of 28.52 feet to the southwest corner of Lot 12, Block 3 said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 412.25 feet to the point of beginning, containing 9,197 Sq. Ft. (0.21 Acres) more or less.

            TRACT 4 – NEW RIGHT-OF-WAY (SHAWN AND AMANDA KING)  A tract of land being part of Lot 2, Sunrise Heights Addition, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 2, said point being on the north line of 39th Street, a street in the City of Kearney and the west line of Pony Express Road, a street in the City of Kearney; thence northerly on the west line of said Pony Express Road a distance of 4.05 feet; thence deflecting left 88°00’ a distance of 172.2 feet to a point on the west line of Lot 2; thence southerly on the west line of said Lot 2 a distance of 10.0 feet to the southwest corner of Lot 2, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 172.1 feet to the point of beginning, containing 1,262 Sq. Ft. (0.03 Acres) more or less.

            TRACT 5 – NEW RIGHT-OF-WAY (HOLIDAY OIL COMPANY, INC.)  A tract of land being part of Lot 1, Block 1, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska, and more particularly described as follows: Beginning at the southeast corner of Lot 1, Block 1, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 1, Block 1 a distance of 12.0 feet; thence westerly and parallel with the north line of said 39th Street a distance of 107.7 feet; thence deflecting right 33°43’38” a distance of 10.8 feet to a point on the west line of Lot 1, Block 1, said point being on the east line of Central Avenue, a street in the City of Kearney; thence southerly on the east line of said Central Avenue a distance of 18.0 feet to the southwest corner of Lot 1, Block 1 said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 116.75 feet to the point of beginning, containing 1,420 Sq. Ft. (0.03 Acres) more or less.

            TRACT 6 – NEW RIGHT-OF-WAY (HMC INVESTMENTS)  A tract of land being part of Lot 1 and part of Lot 2, Northridge Addition, an addition to the City of Kearney, Buffalo County Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 2, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 139.1 feet; thence deflecting left 00°01’08” and continuing westerly on the south line of 39th Street a distance of 79.1 feet to a point 12.2 feet west of the northeast corner of said Lot 1; thence deflecting left 173°08’15” and in a southeasterly direction a distance of 100.5 feet to a point 12.0 feet south of the south line of said 39th Street; thence easterly and parallel with the south line of said 39th Street a distance of 113.5 feet, thence deflecting right 06°51’ a distance of 5.3 feet to a point on the west line of “A” Avenue, and Avenue in the City of Kearney; thence northerly on said west line of “A” Avenue a distance of 13.62 feet to the point of beginning, containing 2,025 Sq. Ft. (0.05 Acres) more or less.

            TRACT 7 – NEW RIGHT-OF-WAY (MICHAEL AND JODY HEENEY)  A tract of land being part of Lot 1 and part of Lot 2, Northridge Addition, an addition to the City of Kearney, Buffalo County Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 2, said point being on the South line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 139.1 feet; thence deflecting left 00°01’08” and continuing westerly on the south line of 39th Street a distance of 79.1 feet to a point 12.2 feet west of the northeast corner of said Lot 1; thence deflecting left 173°08’15” and in a southeasterly direction a distance of 100.5 feet to a point 12.0 feet south of the south line of said 39th Street; thence easterly and parallel with the south line of said 39th Street a distance of 113.5 feet, thence deflecting right 06°51’ a distance of 5.3 feet to a point on the west line of Avenue A, and Avenue in the City of Kearney; thence northerly on said west line of Avenue A a distance of 13.62 feet to the point of beginning, containing 2,025 Sq. Ft. (0.05 Acres) more or less.

            TRACT 8 – NEW RIGHT-OF-WAY (D-R-G-T LIMITED PARTNERSHIP)  A tract of land being the North 7.0 feet of Lot 1, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 1, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 124.0 feet; thence southerly on the west line of said Lot 1 a distance of 7.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 124.0 feet to a point on the west line of Central Avenue, an Avenue in the City of Kearney; thence northerly on the west line of said Central Avenue a distance of 7.0 feet to the point of beginning, containing 868 Sq. Ft. (0.02 Acres) more or less AND a tract of land being the south 30.0 feet of the north 37.0 feet of Lot 1, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the northwest corner of Lot 1, said point being on the south line of 39th Street, a street in the City of Kearney; thence southerly on the west line of said Lot 1 a distance of 7.0 feet to the point of beginning;  thence continuing southerly on the west line of said Lot 1 a distance of 30.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 124.0 feet to a point on the west line of Central Avenue an Avenue in the City of Kearney; thence northerly on the west line of said Central Avenue a distance of 30.0 feet; thence westerly parallel with and 7.0 feet southerly of the south line of said 39th Street a distance of 124.0 feet to the point of beginning, containing 3,720 Sq. Ft. (0.09 Acres) more or less.

            TRACT 9 – NEW RIGHT-OF-WAY (CONSUMERS PUBLIC POWER DISTRICT)  A tract of land being the north 7.0 feet of Lot 21 and Lot 22, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 22, said point being on the south Line of 39th Street, a Street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 87.0 feet to the northwest corner of Lot 21; thence southerly on the west line of said Lot 21 a distance of 7.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 87.0 feet to a point on the east line of Lot 22; thence northerly on the east line of said Lot 22; thence northerly on the east line of said Lot 22 a distance of 7.0 feet to the point of beginning, containing 609 Sq. Ft. (0.01 Acres) more or less.

            TRACT 10 – NEW RIGHT-OF-WAY (ST. JAMES CHURCH OF KEARNEY)  A tract of land being part of Lot 58, Northwest Quarter School Section Addition, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows:  Beginning at a point 33.0 feet south of the northwest corner of Lot 58, said point being on the south line of 39th Street, a street in the City of Kearney; thence southerly on the west line of said Lot 58 a distance of 10.9 feet; thence deflecting left 125°53’ a distance of 18.5 feet to a point on the south line of 39th Street; thence westerly on the south line of said 39th Street a distance of 15.0 feet to the point of beginning, containing 82 Sq. Ft. (0.002 Acres) more or less.

            TRACT 11 – NEW RIGHT-OF-WAY (TIM LOWE)  A tract of land being part of Lot 14 and part of Lot 15 of 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 14 and Lot 15 a distance of 110.0 feet to the point of beginning; thence continuing southerly on said west line a distance of 23.8 feet to the northwest corner of said Lot 14; thence continuing on the afore described course a distance of 121.2 feet; thence deflecting left 171°49’ and in a northeasterly direction a distance of 85.93 feet to a point 12.22 feet easterly on the west line of said Lot 14; thence deflecting left 08°11’ and in a northerly direction and parallel with the afore said west line a distance of 36.14 feet to a point on the north line of said Lot 14; thence continuing on the afore described course a distance of 23.8 feet to a point on the south line of the north 110 feet of said Lot 15; thence westerly on the south line of the north 110 feet of said Lot 15 a distance of 12.22 feet to the point of beginning, containing 1,253 Sq. Ft. (0.03 Acres) more or less.

 

Director of Public Works Rod Wiederspan presented this matter to the Council.  At the January 23, 2007 City Council meeting, the City Council approved the plans and specifications for 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908).  This is the final phase of the 39th Street project.  Later on this agenda is an item for the City Council to consider awarding the bid to Blessing, LLC.

 

On August 23, 2006 an informal meeting was held for all property owners that abut the 39th Street project.  Appraisals were completed for each parcel on December 31, 2006 by Trans-American Appraisal.  On February 15, 2007 offers to acquire the parcels along with a copy of the appraisals were mailed to property owners.  Staff set aside the day of February 26, 2007 to meet individually with property owners concerning these offers. 

 

Staff has met with the property owners along 39th Street and continues to negotiate with them.  They have sent out offer letters to every property owner with the appraised value.  They met with three property owners on Monday who took advantage of their offer to come in and discuss this.  There were others that were not able to attend, but are scheduled to come in when it is convenient for them.  The three owners they met with were agreeable with the value, but did have some concerns about parking.  They wanted to know what can be done to alleviate some of those concerns.  In one case, the condominium complex asked about removing existing trees that will be close to the sidewalk and might cause problems later.  They were told if their board would issue a letter requesting these trees be removed for that purpose; the City would work with them to do that. 

 

Other owners have concerns about parking along the Hastings Video and Hobby Lobby site because there will either be a retaining wall along there or some additional landscaping which will slope back.  The City has left that decision to the property owner.  City staff favors the green area and would be willing to do landscaping which is preferred.  The owners concerns are what that does to their parking numbers.  Staff will re-lay their parking numbers out on their site.  There are also some driving isles that go east/west that are fairly wide, that can be narrowed up to gain some stalls back for them.  The owners wanted to see that layout before signing.  The dollar amount was not a concern, but the parking was the issue.

 

Once the bid is awarded to Blessing Construction, they will schedule a pre-construction meeting where Mr. Blessing will go through the process with the property owners so they know what to expect.  They are anticipating a March 15th starting date on this project so that meeting will be scheduled soon.  They have already had meetings with the property owners so they are aware of the process.  Unlike the west side project, however, they will have to close 39th Street completely from Pony Express Road to 2nd Avenue.  The west side was done under traffic and their driveways were shifted and left open which required more meetings with the business owners to keep them informed.  In this case, where it is going to be closed down, the traffic patterns will be established on the front end.  They will help business owners with signage to direct their business patrons to them.  There will not be a lot of switching as there was with the west side. 

 

This project will be done in two parts.  Pony Express Road to Avenue A will be the first part and will hopefully be opened up by July 15th.  They will not have Pony Express Road to 2nd Avenue closed for the entire length of the project, but will phase it out.

 

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

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the proposed acquisition for right-of-way purposes in connection with 2007 Part II Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue east to Pony Express Road of the following tracts of land and approve Resolution No. 2007-24:

            TRACT 1 – NEW RIGHT-OF-WAY (BRIAN AND MARY RODINE)  A tract of land being the South 2.0 feet of Lot 14, Block 2, Arrowhead Hills Subdivision, a Subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 14, said point being on the north line of 39th Street, a street in the City of Kearney, thence northerly on the east line of said Lot 14 a distance of 2.0 feet; thence westerly parallel with the north line of said 39th Street a distance of 130.0 feet to a point on the east line of Pony Express Road, a street in the City of Kearney; thence southerly on the east line of said Pony Express Road a distance of 2.0 feet to the southwest corner of Lot 14, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 130.0 feet to the point of beginning, containing 260 Sq. Ft (0.01 Acres) more or less.

            TRACT 2 – NEW RIGHTS-OF-WAY (ARROWHEAD VILLAGE CONDOMINIUM)  A tract of land being part of Lot 3, St. James Subdivision”, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 3, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 3 a distance of 17.0 feet; thence westerly and parallel with the north line of said 39th Street a distance of 36.6 feet; thence deflecting left 90°00’ a distance of 5.0 feet; thence deflecting right 90°00’ a distance of 121.4 feet to a point on the west line of Lot 3; thence southerly on the west line of said Lot 3 a distance of 12.0 feet to the southwest corner of Lot 3, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 158.0 feet to the point of beginning, containing 2,071 Sq. Ft. (0.05 Acres) more or less; AND a tract of land being part of Lot 2, St. James Subdivision,  a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 2, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 2 a distance of 12.0 feet; thence westerly and parallel with the north line of said 39th Street a distance of 105.1 feet; thence deflecting right 90°00’ a distance of 5.0 feet; thence deflecting left 90°00’ a distance of 53.4 feet to a point on the west line of Lot 2, thence southerly on the west line of said Lot 2 a distance of 17.0 feet to the southwest corner of Lot 2, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 158.5 feet to the point of beginning, containing 2,183 Sq. Ft (0.05 Acres) more or less; AND a tract of land being part of Lot 1, St. James Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows:  Beginning at the southeast corner of Lot 1, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 1 a distance of 10.0 feet; thence deflecting left 88°00’ a distance of 61.2 feet to a point 12.0 feet north of the north line of said 39th Street; thence deflecting left 01°57; and parallel with north line of said 39th Street a distance of 113.9 feet to a point on the west line of Lot 1; thence southerly on the west line of said Lot 1 a distance of 12.0 feet to the southwest corner of Lot 1, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 175.0 feet to the point of beginning, containing 2,076 Sq. Ft. (0.05 Acres) more or less.

            TRACT 3 – NEW RIGHT-OF-WAY (N & K INVESTMENT CO.)  A tract of land being part of Lot 12, Block 3, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 12, Block 3, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 12, Block 3 a distance of 41.2 feet; thence deflecting left 133°52’ a distance of 37.8 feet to a point 15.0 feet north of the north line of 39th Street; thence deflecting right 43°49’ and parallel with the north line of said 39th Street a distance of 9.1 feet; thence deflecting right 01°45’ a distance of 65.53 feet to point 17.0 feet north of the north line of said 39th Street; thence deflecting Left 01°45’ and parallel with the north line of said 39th Street a distance of 50.0 feet; thence deflecting right 90°00’ a distance of 7.0 feet; thence deflecting left 90°00’ and parallel with the north line of said 39th Street a distance of 150.0 feet; thence deflecting right 01°85’45” a distance of 50.0 feet to a point 25.0 feet north of the north line of said 39th Street; thence deflecting left 01°08’45” and parallel with the north line of said 39th Street a distance of 25.0 feet; thence deflecting 05°45’ a distance of 35.49 feet to a point on the west line of Lot 12, Block 3, thence southerly on said west line a distance of 28.52 feet to the southwest corner of Lot 12, Block 3 said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 412.25 feet to the point of beginning, containing 9,197 Sq. Ft. (0.21 Acres) more or less.

            TRACT 4 – NEW RIGHT-OF-WAY (SHAWN AND AMANDA KING)  A tract of land being part of Lot 2, Sunrise Heights Addition, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 2, said point being on the north line of 39th Street, a street in the City of Kearney and the west line of Pony Express Road, a street in the City of Kearney; thence northerly on the west line of said Pony Express Road a distance of 4.05 feet; thence deflecting left 88°00’ a distance of 172.2 feet to a point on the west line of Lot 2; thence southerly on the west line of said Lot 2 a distance of 10.0 feet to the southwest corner of Lot 2, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 172.1 feet to the point of beginning, containing 1,262 Sq. Ft. (0.03 Acres) more or less.

            TRACT 5 – NEW RIGHT-OF-WAY (HOLIDAY OIL COMPANY, INC.)  A tract of land being part of Lot 1, Block 1, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska, and more particularly described as follows: Beginning at the southeast corner of Lot 1, Block 1, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 1, Block 1 a distance of 12.0 feet; thence westerly and parallel with the north line of said 39th Street a distance of 107.7 feet; thence deflecting right 33°43’38” a distance of 10.8 feet to a point on the west line of Lot 1, Block 1, said point being on the east line of Central Avenue, a street in the City of Kearney; thence southerly on the east line of said Central Avenue a distance of 18.0 feet to the southwest corner of Lot 1, Block 1 said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 116.75 feet to the point of beginning, containing 1,420 Sq. Ft. (0.03 Acres) more or less.

            TRACT 6 – NEW RIGHT-OF-WAY (HMC INVESTMENTS)  A tract of land being part of Lot 1 and part of Lot 2, Northridge Addition, an addition to the City of Kearney, Buffalo County Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 2, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 139.1 feet; thence deflecting left 00°01’08” and continuing westerly on the south line of 39th Street a distance of 79.1 feet to a point 12.2 feet west of the northeast corner of said Lot 1; thence deflecting left 173°08’15” and in a southeasterly direction a distance of 100.5 feet to a point 12.0 feet south of the south line of said 39th Street; thence easterly and parallel with the south line of said 39th Street a distance of 113.5 feet, thence deflecting right 06°51’ a distance of 5.3 feet to a point on the west line of “A” Avenue, and Avenue in the City of Kearney; thence northerly on said west line of “A” Avenue a distance of 13.62 feet to the point of beginning, containing 2,025 Sq. Ft. (0.05 Acres) more or less.

            TRACT 7 – NEW RIGHT-OF-WAY (MICHAEL AND JODY HEENEY)  A tract of land being part of Lot 1 and part of Lot 2, Northridge Addition, an addition to the City of Kearney, Buffalo County Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 2, said point being on the South line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 139.1 feet; thence deflecting left 00°01’08” and continuing westerly on the south line of 39th Street a distance of 79.1 feet to a point 12.2 feet west of the northeast corner of said Lot 1; thence deflecting left 173°08’15” and in a southeasterly direction a distance of 100.5 feet to a point 12.0 feet south of the south line of said 39th Street; thence easterly and parallel with the south line of said 39th Street a distance of 113.5 feet, thence deflecting right 06°51’ a distance of 5.3 feet to a point on the west line of Avenue A, and Avenue in the City of Kearney; thence northerly on said west line of Avenue A a distance of 13.62 feet to the point of beginning, containing 2,025 Sq. Ft. (0.05 Acres) more or less.

            TRACT 8 – NEW RIGHT-OF-WAY (D-R-G-T LIMITED PARTNERSHIP)  A tract of land being the North 7.0 feet of Lot 1, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 1, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 124.0 feet; thence southerly on the west line of said Lot 1 a distance of 7.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 124.0 feet to a point on the west line of Central Avenue, an Avenue in the City of Kearney; thence northerly on the west line of said Central Avenue a distance of 7.0 feet to the point of beginning, containing 868 Sq. Ft. (0.02 Acres) more or less AND a tract of land being the south 30.0 feet of the north 37.0 feet of Lot 1, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the northwest corner of Lot 1, said point being on the south line of 39th Street, a street in the City of Kearney; thence southerly on the west line of said Lot 1 a distance of 7.0 feet to the point of beginning;  thence continuing southerly on the west line of said Lot 1 a distance of 30.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 124.0 feet to a point on the west line of Central Avenue an Avenue in the City of Kearney; thence northerly on the west line of said Central Avenue a distance of 30.0 feet; thence westerly parallel with and 7.0 feet southerly of the south line of said 39th Street a distance of 124.0 feet to the point of beginning, containing 3,720 Sq. Ft. (0.09 Acres) more or less.

            TRACT 9 – NEW RIGHT-OF-WAY (CONSUMERS PUBLIC POWER DISTRICT)  A tract of land being the north 7.0 feet of Lot 21 and Lot 22, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 22, said point being on the south Line of 39th Street, a Street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 87.0 feet to the northwest corner of Lot 21; thence southerly on the west line of said Lot 21 a distance of 7.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 87.0 feet to a point on the east line of Lot 22; thence northerly on the east line of said Lot 22; thence northerly on the east line of said Lot 22 a distance of 7.0 feet to the point of beginning, containing 609 Sq. Ft. (0.01 Acres) more or less.

            TRACT 10 – NEW RIGHT-OF-WAY (ST. JAMES CHURCH OF KEARNEY)  A tract of land being part of Lot 58, Northwest Quarter School Section Addition, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows:  Beginning at a point 33.0 feet south of the northwest corner of Lot 58, said point being on the south line of 39th Street, a street in the City of Kearney; thence southerly on the west line of said Lot 58 a distance of 10.9 feet; thence deflecting left 125°53’ a distance of 18.5 feet to a point on the south line of 39th Street; thence westerly on the south line of said 39th Street a distance of 15.0 feet to the point of beginning, containing 82 Sq. Ft. (0.002 Acres) more or less.

            TRACT 11 – NEW RIGHT-OF-WAY (TIM LOWE)  A tract of land being part of Lot 14 and part of Lot 15 of 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 14 and Lot 15 a distance of 110.0 feet to the point of beginning; thence continuing southerly on said west line a distance of 23.8 feet to the northwest corner of said Lot 14; thence continuing on the afore described course a distance of 121.2 feet; thence deflecting left 171°49’ and in a northeasterly direction a distance of 85.93 feet to a point 12.22 feet easterly on the west line of said Lot 14; thence deflecting left 08°11’ and in a northerly direction and parallel with the afore said west line a distance of 36.14 feet to a point on the north line of said Lot 14; thence continuing on the afore described course a distance of 23.8 feet to a point on the south line of the north 110 feet of said Lot 15; thence westerly on the south line of the north 110 feet of said Lot 15 a distance of 12.22 feet to the point of beginning, containing 1,253 Sq. Ft. (0.03 Acres) more or less. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-24

 

            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 II Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue east to Pony Express Road; 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 (BRIAN AND MARY RODINE)

A tract of land being the South 2.0 feet of Lot 14, Block 2, Arrowhead Hills Subdivision, a Subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 14, said point being on the north line of 39th Street, a street in the City of Kearney, thence northerly on the east line of said Lot 14 a distance of 2.0 feet; thence westerly parallel with the north line of said 39th Street a distance of 130.0 feet to a point on the east line of Pony Express Road, a street in the City of Kearney; thence southerly on the east line of said Pony Express Road a distance of 2.0 feet to the southwest corner of Lot 14, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 130.0 feet to the point of beginning, containing 260 Sq. Ft (0.01 Acres) more or less.

TRACT 2 – NEW RIGHTS-OF-WAY (ARROWHEAD VILLAGE CONDOMINIUM)

A tract of land being part of Lot 3, St. James Subdivision”, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 3, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 3 a distance of 17.0 feet; thence westerly and parallel with the north line of said 39th Street a distance of 36.6 feet; thence deflecting left 90°00’ a distance of 5.0 feet; thence deflecting right 90°00’ a distance of 121.4 feet to a point on the west line of Lot 3; thence southerly on the west line of said Lot 3 a distance of 12.0 feet to the southwest corner of Lot 3, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 158.0 feet to the point of beginning, containing 2,071 Sq. Ft. (0.05 Acres) more or less; AND a tract of land being part of Lot 2, St. James Subdivision,  a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 2, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 2 a distance of 12.0 feet; thence westerly and parallel with the north line of said 39th Street a distance of 105.1 feet; thence deflecting right 90°00’ a distance of 5.0 feet; thence deflecting left 90°00’ a distance of 53.4 feet to a point on the west line of Lot 2, thence southerly on the west line of said Lot 2 a distance of 17.0 feet to the southwest corner of Lot 2, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 158.5 feet to the point of beginning, containing 2,183 Sq. Ft (0.05 Acres) more or less; AND a tract of land being part of Lot 1, St. James Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows:  Beginning at the southeast corner of Lot 1, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 1 a distance of 10.0 feet; thence deflecting left 88°00’ a distance of 61.2 feet to a point 12.0 feet north of the north line of said 39th Street; thence deflecting left 01°57; and parallel with north line of said 39th Street a distance of 113.9 feet to a point on the west line of Lot 1; thence southerly on the west line of said Lot 1 a distance of 12.0 feet to the southwest corner of Lot 1, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 175.0 feet to the point of beginning, containing 2,076 Sq. Ft. (0.05 Acres) more or less.

TRACT 3 – NEW RIGHT-OF-WAY (N & K INVESTMENT CO.)

A tract of land being part of Lot 12, Block 3, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 12, Block 3, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 12, Block 3 a distance of 41.2 feet; thence deflecting left 133°52’ a distance of 37.8 feet to a point 15.0 feet north of the north line of 39th Street; thence deflecting right 43°49’ and parallel with the north line of said 39th Street a distance of 9.1 feet; thence deflecting right 01°45’ a distance of 65.53 feet to point 17.0 feet north of the north line of said 39th Street; thence deflecting Left 01°45’ and parallel with the north line of said 39th Street a distance of 50.0 feet; thence deflecting right 90°00’ a distance of 7.0 feet; thence deflecting left 90°00’ and parallel with the north line of said 39th Street a distance of 150.0 feet; thence deflecting right 01°85’45” a distance of 50.0 feet to a point 25.0 feet north of the north line of said 39th Street; thence deflecting left 01°08’45” and parallel with the north line of said 39th Street a distance of 25.0 feet; thence deflecting 05°45’ a distance of 35.49 feet to a point on the west line of Lot 12, Block 3, thence southerly on said west line a distance of 28.52 feet to the southwest corner of Lot 12, Block 3 said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 412.25 feet to the point of beginning, containing 9,197 Sq. Ft. (0.21 Acres) more or less.

TRACT 4 – NEW RIGHT-OF-WAY (SHAWN AND AMANDA KING)

A tract of land being part of Lot 2, Sunrise Heights Addition, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 2, said point being on the north line of 39th Street, a street in the City of Kearney and the west line of Pony Express Road, a street in the City of Kearney; thence northerly on the west line of said Pony Express Road a distance of 4.05 feet; thence deflecting left 88°00’ a distance of 172.2 feet to a point on the west line of Lot 2; thence southerly on the west line of said Lot 2 a distance of 10.0 feet to the southwest corner of Lot 2, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 172.1 feet to the point of beginning, containing 1,262 Sq. Ft. (0.03 Acres) more or less.

TRACT 5 – NEW RIGHT-OF-WAY (HOLIDAY OIL COMPANY, INC.)

A tract of land being part of Lot 1, Block 1, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska, and more particularly described as follows: Beginning at the southeast corner of Lot 1, Block 1, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 1, Block 1 a distance of 12.0 feet; thence westerly and parallel with the north line of said 39th Street a distance of 107.7 feet; thence deflecting right 33°43’38” a distance of 10.8 feet to a point on the west line of Lot 1, Block 1, said point being on the east line of Central Avenue, a street in the City of Kearney; thence southerly on the east line of said Central Avenue a distance of 18.0 feet to the southwest corner of Lot 1, Block 1 said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 116.75 feet to the point of beginning, containing 1,420 Sq. Ft. (0.03 Acres) more or less.

TRACT 6 – NEW RIGHT-OF-WAY (HMC INVESTMENTS)

A tract of land being part of Lot 1 and part of Lot 2, Northridge Addition, an addition to the City of Kearney, Buffalo County Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 2, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 139.1 feet; thence deflecting left 00°01’08” and continuing westerly on the south line of 39th Street a distance of 79.1 feet to a point 12.2 feet west of the northeast corner of said Lot 1; thence deflecting left 173°08’15” and in a southeasterly direction a distance of 100.5 feet to a point 12.0 feet south of the south line of said 39th Street; thence easterly and parallel with the south line of said 39th Street a distance of 113.5 feet, thence deflecting right 06°51’ a distance of 5.3 feet to a point on the west line of “A” Avenue, and Avenue in the City of Kearney; thence northerly on said west line of “A” Avenue a distance of 13.62 feet to the point of beginning, containing 2,025 Sq. Ft. (0.05 Acres) more or less.

TRACT 7 – NEW RIGHT-OF-WAY (MICHAEL AND JODY HEENEY)

A tract of land being part of Lot 1 and part of Lot 2, Northridge Addition, an addition to the City of Kearney, Buffalo County Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 2, said point being on the South line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 139.1 feet; thence deflecting left 00°01’08” and continuing westerly on the south line of 39th Street a distance of 79.1 feet to a point 12.2 feet west of the northeast corner of said Lot 1; thence deflecting left 173°08’15” and in a southeasterly direction a distance of 100.5 feet to a point 12.0 feet south of the south line of said 39th Street; thence easterly and parallel with the south line of said 39th Street a distance of 113.5 feet, thence deflecting right 06°51’ a distance of 5.3 feet to a point on the west line of Avenue A, and Avenue in the City of Kearney; thence northerly on said west line of Avenue A a distance of 13.62 feet to the point of beginning, containing 2,025 Sq. Ft. (0.05 Acres) more or less.

TRACT 8 – NEW RIGHT-OF-WAY (D-R-G-T LIMITED PARTNERSHIP)

A tract of land being the North 7.0 feet of Lot 1, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 1, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 124.0 feet; thence southerly on the west line of said Lot 1 a distance of 7.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 124.0 feet to a point on the west line of Central Avenue, an Avenue in the City of Kearney; thence northerly on the west line of said Central Avenue a distance of 7.0 feet to the point of beginning, containing 868 Sq. Ft. (0.02 Acres) more or less AND a tract of land being the south 30.0 feet of the north 37.0 feet of Lot 1, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the northwest corner of Lot 1, said point being on the south line of 39th Street, a street in the City of Kearney; thence southerly on the west line of said Lot 1 a distance of 7.0 feet to the point of beginning;  thence continuing southerly on the west line of said Lot 1 a distance of 30.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 124.0 feet to a point on the west line of Central Avenue an Avenue in the City of Kearney; thence northerly on the west line of said Central Avenue a distance of 30.0 feet; thence westerly parallel with and 7.0 feet southerly of the south line of said 39th Street a distance of 124.0 feet to the point of beginning, containing 3,720 Sq. Ft. (0.09 Acres) more or less.

TRACT 9 – NEW RIGHT-OF-WAY (CONSUMERS PUBLIC POWER DISTRICT)

A tract of land being the north 7.0 feet of Lot 21 and Lot 22, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the northeast corner of Lot 22, said point being on the south Line of 39th Street, a Street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 87.0 feet to the northwest corner of Lot 21; thence southerly on the west line of said Lot 21 a distance of 7.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 87.0 feet to a point on the east line of Lot 22; thence northerly on the east line of said Lot 22; thence northerly on the east line of said Lot 22 a distance of 7.0 feet to the point of beginning, containing 609 Sq. Ft. (0.01 Acres) more or less.

TRACT 10 – NEW RIGHT-OF-WAY (ST. JAMES CHURCH OF KEARNEY)

A tract of land being part of Lot 58, Northwest Quarter School Section Addition, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows:  Beginning at a point 33.0 feet south of the northwest corner of Lot 58, said point being on the south line of 39th Street, a street in the City of Kearney; thence southerly on the west line of said Lot 58 a distance of 10.9 feet; thence deflecting left 125°53’ a distance of 18.5 feet to a point on the south line of 39th Street; thence westerly on the south line of said 39th Street a distance of 15.0 feet to the point of beginning, containing 82 Sq. Ft. (0.002 Acres) more or less.

TRACT 11 – NEW RIGHT-OF-WAY (TIM LOWE)

A tract of land being part of Lot 14 and part of Lot 15 of 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 14 and Lot 15 a distance of 110.0 feet to the point of beginning; thence continuing southerly on said west line a distance of 23.8 feet to the northwest corner of said Lot 14; thence continuing on the afore described course a distance of 121.2 feet; thence deflecting left 171°49’ and in a northeasterly direction a distance of 85.93 feet to a point 12.22 feet easterly on the west line of said Lot 14; thence deflecting left 08°11’ and in a northerly direction and parallel with the afore said west line a distance of 36.14 feet to a point on the north line of said Lot 14; thence continuing on the afore described course a distance of 23.8 feet to a point on the south line of the north 110 feet of said Lot 15; thence westerly on the south line of the north 110 feet of said Lot 15 a distance of 12.22 feet to the point of beginning, containing 1,253 Sq. Ft. (0.03 Acres) more or less.

            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 II Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue east to Pony Express Road.

            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 27TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Moved by Lammers seconded by Lear that Subsections 1 through 11 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held February 13, 2007.

 

2.         Approve the following Claims: 56th Street Plaza $100.57 smcs; Ace Hardware $793.22 smcs; Advance Auto Parts $42.01 smcs; Agro $519.82 smcs; Allied Electronics $118.79 smcs; Alltel $416.62 smcs; Alvarion $851.00 co; Amazon $1,191.29 smcs; Amer Avionics $228.00 smcs; Amer Electric $1,592.14 smcs; Amoco Oil $22.80 smcs; Anderson Wrecking $100.00 co; Arboleda,L $70.00 smcs; Armor Holdings $143.00 smcs; Auto Glass Center $18.40 smcs; Ayers Distributing $199.00 smcs; B&B Auto Glass $374.43 smcs; B&H Photo $91.75 smcs; Baker & Taylor $1,753.44 smcs; Barco Municipal $1,462.50 smcs; Barney Abstract $5,130.00 smcs; Baymont Inn $224.73 smcs; Berkshire Publishing $49.95 smcs; Best Lock $149.46 smcs; Bestsellers Audio $334.00 smcs; Bluecross Blueshield $129,528.28 smcs; Bob's Superstore $18.57 smcs; Boogaarts $4.50 smcs; Bosselman $18,946.48 smcs; Bound to Stay Bound $604.33 smcs; Boyd's Full Service $55.00 smcs; Brilliance Audio $150.76 smcs; Broadfoot's $1,272.84 smcs; Brown,A $25.00 smcs; Bubble Factory $144.75 smcs; Buffalo Co Court $98.25 ps; Buffalo Co Treasurer $59.00 smcs,co; Builders Warehouse $909.48 smcs; Cabela's $6.10 smcs; Cash-Wa $302.55 smcs; CDW Government $899.01 co; Centaur $350.46 co; Central Comm College $75.00 smcs; Central Fire & Safety $104.75 smcs; Central Hydraulic $2,839.02 smcs; Central NE Bobcat $14,221.08 smcs,co; Charter $54.99 smcs; City of Ky $80,112.98 smcs,ps; Clay's Radio Shop $248.60 smcs; Clayton Assn $146.18 smcs; CNA Safety $40.00 smcs; Cold Spring Granite $421.84 smcs; College Savings Plan of NE $75.00 ps; Computer Hardware $124.00 smcs; Construction Rental $2,887.52 smcs,co; Crossroads Ford $153.55 smcs; Culligan $26.00 smcs; Cummins Central Power $774.60 smcs; Davis Instruments $18.00 smcs; Dawson Co PPD $10,253.00 smcs; Delight Donuts $63.48 smcs; Dell $5,947.99 smcs,co; Dent Popper $460.00 smcs; Depository Trust $12,860.00 ds; Direct Mat $24.04 smcs; Driver's License Guide $28.95 smcs; Dubs $64.98 smcs; Dugan Business Forms $382.34 smcs; Eakes $1,573.74 smcs,co; Electronic Contracting $3,960.00 smcs; Elliott $572.14 smcs; Eustis Body Shop $2,411.62 smcs; Eynetich,P $4.00 smcs; Fairbanks $842.22 smcs; Farmers Union $1,005.30 smcs; Fastenal $936.30 smcs; Fedex $17.19 smcs; Fire Dept Training $240.00 smcs; Forestry Suppliers $376.47 smcs; Foundation Center $538.50 smcs; Frontier $8,236.76 smcs; Garrett Tires $1,562.36 smcs; General Traffic Controls $527.95 smcs; Golfsmith Int'l $394.93 smcs; Goody Square $278.00 smcs; Gordon's Small Engine $483.49 smcs,co; Graham Tire $31.80 smcs; Grand Central IGA $65.60 smcs; Guideposts $16.94 smcs; GWP Park Seed $72.67 smcs; Gyphron Wireless $15,000.00 co; Hach Co $26.35 smcs; HD Supply $5,143.90 smcs; Herbergers $135.99 smcs; Highsmith $158.14 smcs; Hille,S $381.39 smcs; Holiday Inn $606.25 smcs; Holiday Stationstore $196.84 smcs; Holmes Plumbing $190.78 smcs; Hometown Leasing $304.31 smcs; Hydrologic $334.91 smcs; ICMA RC $3,287.48 ps; IRS $96,665.53 ps; Interstate Industrial $610.00 smcs; Int'l Assn Fire Chiefs $10.24 smcs; IP Inland Truck $242.56 smcs; Jack Lederman $1,170.20 smcs; Jack's Uniforms $934.99 smcs; Jaeger,M $30.00 smcs; Josephs School of Hair $588.00 smcs; JRM $349.67 smcs; K&K Parts $134.39 smcs; Karschner Home Inspection $320.00 smcs; Kayton Electric $374.12 smcs; Ky Event Center $381.00 smcs; Ky Glass $186.75 smcs; Ky Hub $2,385.33 smcs; Ky Implement $625.25 smcs; Ky Warehouse $984.12 smcs; Ky Winnelson $1,138.06 smcs; Ky Yamaha $87.86 smcs; Killion Motors $275.00 smcs; Knox Co $22.00 smcs; Kouba,K $25.30 smcs; Labsafe $24.52 smcs; Lakeshore Learning $775.68 smcs; Laughlin,K $180.00 ps; Lester,C $55.00 smcs; Lincoln Truck Center $136.40 smcs; Linweld $226.86 smcs; Lips Printing $11.00 smcs; Lockmobile $30.00 smcs; Mail Express $69.96 smcs; Marlatt Machine Shop $803.63 smcs,co; McDonald's $70.09 smcs; Menards $1,257.77 smcs,co; Mid-State Engineering $2,986.00 co; Midway Chevrolet $68.00 smcs; Midwest Lab $554.00 smcs; Midwest Turf $291.31 smcs; Miller & Associates $6,389.30 co; Morgan,M $165.40 smcs; Morris Press $421.25 smcs; Mr Automotive $1,798.26 smcs; MSC Kearney $20.99 smcs; Muniz,R $4.30 smcs; Napa All Makes $1,498.63 smcs; NCS Equipment $301.94 smcs; NE Arboretum $125.00 smcs; NE Child Support $2,388.43 ps; NE Dept of Agriculture $50.00 smcs; NE Dept of Revenue $25,570.73 smcs; NE IAI $20.00 smcs; NE Licensed Beverage $170.00 smcs; NE Machinery $49.38 smcs; NE Online $500.00 smcs; NE Regional Library $10.00 smcs; NE Truck Center $87.05 smcs; Networks Plus $1,600.00 smcs; NFPA $130.95 smcs; Northwest Electric $608.10 smcs; Northwestern Energy $30,019.19 smcs; Novus $31.50 smcs; NYSCA $205.00 smcs; Office Depot $237.34 smcs; Office Max $744.50 smcs,co; O'Reilly Auto $1,379.12 smcs; Oriental Trading $176.85 smcs; Orscheln $741.77 smcs; Paramount $32.06 smcs; Payless Building $907.13 smcs,co; Paypal $95.90 smcs; PBD Ala-graph Editions $152.10 smcs; Perkins $241.04 smcs; Pizza Hut $129.42 smcs; Planning Commissioners $140.00 smcs; Platte Valley Comm $867.00 smcs; Portable Comm $400.00 co; Positive Promotions $140.95 ps; Presto-X $53.00 smcs; Protex Central $82.00 smcs; QT 579 $24.95 smcs; Quill $220.43 smcs; Rack Solutions $1,324.62 co; Radio Shack $129.99 smcs; Ramada Inn $1,641.95 smcs; Random House $93.20 smcs; Recognition Unlimited $38.95 smcs; Recorded Books $5.95 smcs; Redman's Shoes $224.09 smcs; Rhino Linings $499.99 smcs; Safety-Kleen $264.80 smcs; Sahling Kenworth $4.99 smcs; Schmidt,A $35.00 smcs; See Clear Cleaning $1,400.00 smcs; Service Plus $1,160.50 smcs; Show Me Cables $64.46 smcs; Sign Center $433.80 smcs; Simmons Gun Specialties $96.82 smcs; Snap-On Tools $10.75 smcs; Softchoice $1,370.12 smcs,co; SSI Sportime $223.12 smcs; St Electrical Division $300.00 smcs; St NE/Dept Aeronautics $995.00 ds; Super Shine Auto $29.75 smcs; Superior Signals $630.30 smcs; Target $44.68 smcs; Taser Int'l $240.00 smcs; Technical Maintenance $32,834.70 co; Tessco $427.91 co; Thompson,K $5.30 smcs; Thomson Gale $137.04 smcs; Tigerdirect $1,319.84 co; Tom Dinsdale Chevrolet $73.75 smcs; Tractor-Supply $992.26 smcs,co; Trade Assn Mgmt $90.00 smcs; Trans-American $9,750.00 co; Tri City Outdoor Power $109.30 smcs; Turner Body Shop $220.00 smcs; Underground Construction $600.00 co; Unique Management $1,217.20 smcs; United Air $650.20 smcs; UNL Center for Applied $30.00 smcs; USA Steak Buffet $88.85 smcs; USPS $165.20 smcs; Village Uniform $388.40 smcs; Waldenbooks $6.99 smcs; Wal-Mart $1,841.68 smcs; Wastecorp Pumps $654.14 smcs; Welcoa $97.20 ps; Werner Construction $10,000.00 co; Wicks Sterling $7.11 smcs; Wilke Donovans $181.52 smcs; Willams,M $166.15 smcs; Winston Publishing $375.00 smcs; Payroll Ending 02-17-2007 -- $280,693.59.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set March 13, 2007 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve T-Hangar A-7 Lease Agreement between the City of Kearney and Jacob Barth for storage at the Kearney Regional Airport and approve Resolution No. 2007-25.

 

RESOLUTION NO. 2007-25

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar A-7 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Jacob Barth, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

5.         Approve the Agreement between the City of Kearney and Wilkins Hinrichs Stober Architects for design services for the expansion of the Kearney Public Library and approve Resolution No. 2007-26.

 

RESOLUTION NO. 2007-26

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement for design services for the expansion of the Kearney Public Library, on behalf of the City of Kearney, with Wilkins Hinrichs Stober Architects, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

6.         Approve the Agreement between the City of Kearney and Wilkins Hinrichs Stober Architects for design services for the Kearney Volunteer Fire Department Station 1 improvements and approve Resolution No. 2007-27.

 

RESOLUTION NO. 2007-27

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement for design services for the Kearney Volunteer Fire Department Station 1 improvements, on behalf of the City of Kearney, with Wilkins Hinrichs Stober Architects, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

7.         Approve the Agreement between the City of Kearney and the Kearney Area Humane Society for the custody and care of impounded animals and approve Resolution No. 2007-28.

 

RESOLUTION NO. 2007-28

 

            WHEREAS, the City of Kearney and the Kearney Area Humane Society is desirous to enter into an Agreement for humane care and services for animals impounded by the City of Kearney, as set forth in the terms and conditions of the Agreement, marked as Exhibit “A” is attached hereto and made a part hereof by reference; and

            WHEREAS, the City Council has determined that entering into an agreement with the Kearney Humane Society would be in the best interests of the citizens of the City of Kearney.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City Manager, Michael W. Morgan, be and is hereby authorized and directed to execute the Agreement between the City of Kearney and the Kearney Area Humane Society on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 27TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

8.         Approve Application and Certificate for Payment No. 5 in the amount of $67,218.30 submitted by Sargent Irrigation, Inc. and approved by Miller & Associates for the Northwest Well Field Development – Phase I (Municipal Water Wells)  and approve Resolution No. 2007-29.

 

RESOLUTION NO. 2007-29

 

            WHEREAS, Sargent Drilling Co. of Broken Bow, Nebraska has performed services in connection with the Northwest Well Field Development; Phase I – Municipal Water Wells, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Application and Certificate for Payment No. 5 in the amount of $67,218.30 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$2,364,294.50
Change Order – None	.00
Contract Sum to Date	2,364,294.50
Gross Amount Due	748,292.43
Retainage	74,829.24
Amount Due to Date	673,463.19
Less Previous Certificates for Payment	616,854.99
Current Payment Due	$   67,218.30

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 5, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

9.         Approve the request submitted by Franci Kinkade to transfer Conditional Use Permit No. 1998-05 granted to Cheryl Schroeder to locate a Bed and Breakfast at 2915 5th Avenue.

 

10.        Approve the Agreement between the City of Kearney and the Nebraska Department of Roads for traffic signal modification at 39th Street and 2nd Avenue and approve Resolution No. 2007-30.

 

RESOLUTION NO. 2007-30

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement between the State of Nebraska Department of Roads and the City of Kearney with regard to modifying the traffic signal installation at the intersection of 39th Street and 2nd Avenue (Highway N-10). A copy of the said Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

11.        Approve the request submitted by the Downtown Improvement Board to close the parking lot located north of the Museum of Nebraska Art from 6:00 a.m. on Friday, May 4 until 12:00 p.m. Sunday, May 6 for the first annual Wine and Jazz Festival subject to the submission and approval of a Special Designated License.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7325 – AMEND SECTIONS 3-1829, 3-2001, 3-2002, 3-2006, 3-2008, 3-2009, 3-2010 OF CITY CODE PERTAINING TO TELEPHONE COMPANIES

 

Moved by Lear seconded by Buschkoetter to remove from the table Ordinance No. 7325. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

Director of Finance Wendell Wessels presented this to the Council.  In 1977, (30 years ago) the City of Kearney adopted Ordinance number 2653 which enacted the current three percent occupation tax on telephone companies doing business within the City.  Historically, the revenue collected from this tax has been allocated to the General Fund. With the increased usage of cell phones, collected telephone company occupation tax dollars from landline service providers has decreased in recent years.  The proposed amendment to the Code to specifically include cellular services will clarify the Code by ensuring that these services are subject to the occupation tax.  In addition, the amendment will level the playing field between landline telephone companies and cellular telecommunication companies.

 

Several communities throughout Nebraska have enacted similar ordinances to ensure that cellular telecommunication services are subject to the occupation tax.  Some of these communities include Bellevue, Columbus, Lincoln, Omaha, South Sioux City, Norfolk, Seward, Elkhorn, and Grand Island.

 

The City received approximately $228,000.00 in occupation taxes during the 2001-2002 fiscal year ($182,000.00 from landline providers and $46,000.00 from cellular providers). They are projecting receipts of $135,000.00 in occupation taxes during the current fiscal year, or a $93,000.00 decrease since the 2001-2002 fiscal year.  The $93,000.00 decrease is due to the fact that some cellular telecommunication companies have just recently discontinued collecting the occupation tax because of their interpretation of the Kearney City Code, as well as the decrease in landline users over the past several years.  Revenues from the occupation tax on cellular telecommunication services are estimated to generate an additional $120,000.00 and will be placed in the General Fund.  The ordinance is drawn up to take effect on April 1, 2007 and Administration recommends approval.

 

City Manager Michael Morgan stated that one change that was recently made since the other cities have adopted the more specific telecommunication ordinance was to include other types of telecommunications. Kearney has deleted those from consideration because they believed a telephone is a telephone and did not want to get into trying to decipher those unique situations that can happen with telecommunications today.  The intent is telephone services, so this ordinance is a little narrower than other communities might be.  On-Star, pagers, voice over (Internet) would not be included.  In the coming years things will evolve and then the City can address those services with more clarity.  His concern was to stick with the original intent and make it simple for now.  This is where the major impact is.  It would be very difficult to try to administer those other activities because they do not come under the scrutiny of the FCC and are difficult to identify.  The providers for these services are pretty straight forward.  

 

Council Member Buschkoetter introduced Ordinance No. 7325, being Subsection 1 of Agenda Item VI to amend the Code of the City of Kearney by deleting in its entirety Section 3-1829 “Schedule; Telephone Companies” of Article 18 “Occupation, Business and Other Taxes” of Chapter 3 “Business Regulations”; to amend Section 3-2001 “Telephone Companies; Levied; Amount” of Article 20 “Telephone Companies” of Chapter 3 “Business Regulations” to delete the reference of telephone companies and replace it with telecommunication services companies; to levy an occupation tax resulting from any toll services and charges on basic local exchange services and wireless services and to provide provisions that gross receipts shall not include any toll services and charges for interstate telecommunications for local carrier access charges, transmission facility and switching services provided to telecommunications companies, and from certain governmental entities; to delete in its entirety Section 3-2002 “Exceptions” of Article 20 “Telephone Companies” of Chapter 3 “Business Regulations”; to amend Section 3-2006 “Quarterly Report of Gross Receipts” of Article 20 “Telephone Companies” of Chapter 3 “Business Regulations” to delete the reference of telephone companies and replace it with telecommunication services companies; to amend Section 3-2008 “Inspection of Records” of Article 20 “Telephone Companies” of Chapter 3 “Business Regulations” to delete the reference of telephone companies and replace it with telecommunication services companies; to amend Section 3-2009 “Presumption of Amount Due” of Article 20 “Telephone Companies” of Chapter 3 “Business Regulations” to delete the reference of telephone companies and replace it with telecommunication services companies; to amend Section 3-2010 “Right of City to Sue, Etc., When Payment in Default” of Article 20 “Telephone Companies” of Chapter 3 “Business Regulations” to delete the reference of telephone companies and replace it with telecommunication services companies, 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. 7325 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. 7325 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. 7325 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. 7324 – NON-EXCLUSIVE FRANCHISE TO CABLE NEBRASKA

 

Ordinance No. 7324 granting a non-exclusive franchise to Cable Nebraska, LLC to install, operate, maintain or otherwise locate telecommunication facilities in the public way within the City on certain poles that are maintained as part of Kearney’s electrical system with Nebraska Public Power District will remain on the table until March 13, 2007.  Therefore, no action was taken.

 

AWARD BID FOR 2007 PART II IMPROVEMENTS – 39TH STREET FROM 2ND AVENUE TO PONY EXPRESS ROAD

 

Mayor Clouse opened for discussion the bids received for the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and to consider approval of Resolution No. 2007-31 awarding the bid to Blessing LLC in the amount of $1,977,660.96.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. At the January 23, 2007 Council meeting, the City Council approved the plans and specifications for 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition.  This project will reconstruct all four lanes of 39th Street reducing the steep grades, add a right turn lane at 2nd Avenue, add a left turn lane for Central Avenue north, add left and right turn lanes for Avenue A, and add a traffic signal at the intersection of 39th Street and Avenue A.

 

Sealed bids for this project were received on February 20, 2007.  The following were the bids received:

Bidder	Bid
Blessing, LLC, Kearney, NE	$ 1,977,660.96
Paulsen Inc., Cozad, NE	$ 2,165,247.00

 

The Engineer’s Opinion of Probable Construction Cost was $2,378,584.00.  The low bid from Blessing, LLC is 16.8% below the Engineer’s Opinion of Probable Construction Cost.  The contractor’s completion date is December 15, 2007.

 

Moved by Kearney seconded by Lammers to approve the bids received for the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-31 awarding the bid to Blessing LLC in the amount of $1,977,660.96. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-31

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on February 20, 2007, at 2:00 p.m. for the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $2,378,584.00; and

WHEREAS, the said engineers have recommended the bid offered by Blessing, LLC of Kearney, Nebraska in the sum of $1,977,660.96 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $1,977,660.96 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition in the amount of $2,378,584.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 27TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

OPEN ACCOUNT CLAIMS: NPPD - $53,713.83, PLATTE VALLEY STATE BANK - $40,408.38, STAN CLOUSE - $141.49

 

Moved by Lammers seconded by Buschkoetter that Open Account Claims in the amount of $53,713.83 payable to Nebraska Public Power District, in the amount of $40,408.83 payable to Platte Valley State Bank, and in the amount of $141.49 payable to Stan Clouse be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

39TH STREET PROJECT

 

City Manager Michael Morgan expressed appreciation to the City staff who has worked on the 39th Street project for several months.  There has been a lot of activity on this project behind the scenes.  It is coming along nicely and probably is the single most difficult project in Kearney’s history.  He stated that Blessing did an excellent job on the last project with their communications, which was new for them.  They will do the same thing for this project using some internet sites, etc.

 

UPDATE ON CLEAN-UP EFFORTS FROM ICE STORM

 

City Manager Michael Morgan stated Hogszilla is here, which is the tree grinding equipment that has been hired to come in and chip the trees and limbs collected after the ice storm.  The process is a lot faster than they thought it would be and it will be moved from site to site.  According to Director of Park & Recreation they are about 25 percent through the City with regard to tree trimming which is right on schedule.

 

Director of Finance has been working with FEMA and is ready to send in the paperwork to Kansas City.  He has done a great deal of work on this process and was told that the City should get its payment of approximately $500,000 in the next six weeks.  These groups of FEMA people were very professional and came out and measured and made sure things were done. He believed they have made wise decisions about spending government funds.

 

ACCESS KEARNEY

 

Access Kearney, the customer service software has been “soft launched”.  The site is located on the City webpage and is available for people to enter their suggestions, comments and complaints.  This replaces the “Fixit Form”.  There will be a study and review of what has been received so far at the March 15th meeting.  Administrative Assistant Julie Steffensmeier, who has led the staff effort, will be here to present those results.  Many citizens having been using the new site and follow up is being done by the new Code Enforcement division. 

 

LEGISLATIVE UPDATE

 

Assistant to City Manager Amber Brown updated the Council on legislative issues. The following are legislative bills that the City is supporting:

• LB 11 – Change provisions relating to annexation by cities of the first class (approved by Governor (02/09/2007 with an effective date of 08/26/2007)

• LB 16 – Change provisions related to airport hazards and airport zoning regulations (in Government, Military and Veterans Affairs Committee Hearing: 01/18/2007)

• LB 94 – Authorize municipalities to receive certain sales and use tax information (approved by Governor on 02/09/2007 with an effective date of 08/26/2007)

• LB 255 – Change the NE Wage Payment and Collection Act (placed on General File; Rogert priority bill; Amendment 453, if passed, states that paid leave other than unused, earned vacation will not be due the employee upon termination)

• LB 271 – Change fringe benefit provisions under the NE Wage Payment and Collection Act (indefinitely postponed)

• LB 347 – Change provisions relating to the giving of bonds by city or village officials (Amendment 477 applies to metro cities; Advanced for engrossment)

• LB 356 – Change provisions relating to green belted agricultural land (indefinitely postponed)

• LB 377 – Reallocate district court judgeships (in Judiciary Committee Hearing 02/28/2007)

• LB 564 – Change the Recreational Liability Act (in Judiciary Committee Hearing 02/14/2007)

• LB 566 – Adopt the Public Recreational Liability Act (in Judiciary Committee Hearing 02/14/2007)

 

The following are legislative bills that the City is opposing:

• LB 7 – Change the rights of the public regarding agenda items under the Open Meetings Act (in Government, Military, and Veterans Affairs Committee Hearing: 01/18/2007)

• LB 78 – Change amounts recoverable under the Political Subdivisions Tort Claims Act (in Judiciary Committee Hearing 02/02/2007)

• LB 607– Provide a requirement for full-time fire personnel in certain cities of the first class (indefinitely postponed)
• LB 695 – Limit the power of cities to regulate the carrying of concealed handguns (in Judiciary Committee Hearing 02/02/2007)

 

The following are legislative bills that the City is neutral:

• LB 395 – Adopt a new Nebraska Clean Indoor Air Act (bracketed until 02/28/2007)

 

Other bills:

• LR 2 CA – Constitutional amendment changing provisions related to substandard and blighted property (advanced to General File)

 

The timeline for bills to get through can be delayed by using tactics to eat up the legislative meetings and is based on that timeline.  Bills that are introduced early in the legislative year are heard earlier.  The more political the issue is then the longer it takes for the bill to get through.   

 

Adopting the new Nebraska Clean Indoor Air Act was bracketed until February 28th which means it would be debated again. In the first round debate, there were some amendments offered, but they did not go anywhere.  Ms. Brown did have the opportunity to shadow Senator Johnson and reported this is his priority bill and he does not intend to put in the opt-out provision for cities.  His position is this is a state issue and they want to level the playing field and that is how he has gotten a lot of his support.  She communicated that Senator Johnson is asking that Council reconsider their position on this bill.  If this bill would go to straight vote, the consensus is there would be enough votes to pass.  If it goes to a vote of closure, which means to end debate on it, they must have 33 votes on it.  They do not think they have enough votes to do so.  Mr. Morgan stated that we should know more after February 28th.  He asked that discussions and opinions be channeled through the City Manager.  Ms. Brown stated that Senator Chambers is for the smoking ban and opposition is being headed up by the Valentine Senator Deb Fisher.  Her standing is based on individual rights with too much government intervention. 

 

VIII.    ADJOURN

 

Moved by Lammers 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.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

CATHY M. VOGT

ACTING CITY CLERK