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Kearney, Nebraska

May 22, 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 May 22, 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: Ken Tracy, Jerry Thompson, Chris Miller, Reed Miller, Terry Gibbs, Deb Gibbs, Mike Konz from Kearney Hub, 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 Ken Fairbrother from Countryside Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Three 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.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

BOARD OF EQUALIZATION – PAVING DISTRICT NOS. 2004-881, 2004-882A, 2004-883, WATER DISTRICT NOS. 2004-530, 2004-531A, 2004-532, SEWER DISTRICT NOS. 2004-472, 2004-473A, 2004-474

 

Mayor Clouse stated the City received a request from the attorney representing some of the owners to leave this matter on the table until June 12, 2007.  Therefore, the matter will remain on the table and no action is necessary. 

 

PROPOSED ACQUISITIONS FOR PERMANENT AND TEMPORARY EASEMENTS – NORTHWEST WELL FIELD WATER TRANSMISSION MAIN

 

Mayor Clouse opened the public hearing on the proposed acquisitions for easements necessary for the construction of the Northwest Well Field Water Transmission Main on the following tracts of land (in 56th Street from 30th Avenue west to approximately 46th Avenue) and to consider approval of Resolution No. 2007-89: TRACT 1. PERMANENT EASEMENT (B4 Inc.) – A tract of land in the Northwest Quarter of Section 28) 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 the Northwest Quarter, thence southerly on the west line of the Northwest Quarter a distance of 59.05 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence northeasterly a distance of 43.74 feet to a point 42.65 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter; thence northeasterly a distance of 196.88 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 37.0 feet to the point of beginning; thence continuing on the aforedescribed course a distance of 684.78 feet; thence southeasterly a distance of 66.92 feet to a point 52.49 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 131.23 feet; thence northeasterly a distance of 157.9 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 48.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence continuing on the afore described course a distance of 104.65 feet to a point 45.93 feet southerly of, as measured perpendicular to said north line; thence northeasterly a distance of 131.40 feet to a point 39.37 feet southerly of, as measured perpendicular to the said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 1081.30 feet to the east line of the Northwest Quarter; thence southerly leaving the south right-of-way line of 56th Street and on the east line of the Northwest Quarter a distance of 15.0 feet; thence westerly parallel with and 54.37 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter a distance of 870.7 feet; thence deflecting 01°10’41” left a distance of 446.8 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 63.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence northerly on the east line of the Northwest Quarter of the Northwest Quarter a distance of 3.0 feet; thence southwesterly a distance of 157.5 feet to a point 64.49 feet southerly of, as measured perpendicular to said north line; thence deflecting right 01°25’50” and parallel with said north line a distance of 132.5 feet; thence deflecting right 11°19’25” a distance of 66.8 feet; thence deflecting left 11°19’25” and parallel with the north line of the Northwest Quarter a distance of 683.58 feet; thence deflecting right 90°00’ and in a northerly direction a distance of 12.0 feet to the point of beginning, containing 0.77 acres more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land in the Northwest Quarter of Section 28, 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 the Northwest Quarter, thence southerly on the west line of the Northwest Quarter a distance of 59.05 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence northeasterly a distance of 43.74 feet to a point 42.65 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter; thence northeasterly a distance of 196.88 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 37.0 feet; thence deflecting right 90°00’ and leaving the south right-of-way line of 56th Street a distance of 12.0 feet to the point of beginning; thence continuing on the aforedescribed course a distance of 50.0 feet; thence deflecting left 90°00’ and parallel with the north line of the Northwest Quarter a distance of 679.1 feet; thence deflecting right 11°19’25” a distance of 66.8 feet; thence deflecting left 11°19’25” and parallel with the north line of the Northwest Quarter a distance of 138.1 feet; thence deflecting left 01°25’50” a distance of 156.6 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 110.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence southerly on the east line of the Northwest Quarter of the Northwest Quarter a distance of 3.0 feet; thence northeasterly 447.25 feet to a point 104.37 feet southerly of, as measured perpendicular to the said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 870.0 feet to the east line of the Northwest Quarter; thence northerly on the east line of the Northwest Quarter a distance of 50.0 feet; thence westerly parallel with and 54.37 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter a distance of 870.7 feet; thence deflecting left 01°10’41” a distance of 446.8 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 63.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence northerly on the east line of the Northwest Quarter of the Northwest Quarter a distance of 3.0 feet; thence southwesterly a distance of 157.5 feet to a point 64.49 feet southerly of, as measured perpendicular to said north line; thence deflecting right 01°25’50” and parallel with said north line a distance of 132.5 feet; thence deflecting right 11°19’25” a distance of 66.8 feet; thence deflecting left 11°19’25” and parallel with the north line of the Northwest Quarter a distance of 683.58 feet to the point of beginning, containing 2.71 acres more or less. TRACT 2. PERMANENT EASEMENT (James and Polly Hays) – A 10.0 foot wide tract of land being part of Lot 3, Block Three, Erin’s Valley Subdivision a subdivision being part of the West Half of the East Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska with the centerline being more particularly described as follows: referring to the southwest corner of the West Half of the East Half of the Southwest Quarter thence northerly on the west line of the said West Half of the East Half of the Southwest Quarter a distance of 39.37 feet to the southwest corner of Lot 3, Block Three, Erin’s Valley Subdivision said point also being on the north right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence continuing on the aforedescribed course a distance of 22.15 feet to the point of beginning; thence southeasterly 70.12 feet to a point on the North right-of-way line of 56th Street and the point of termination, said point being 87.38 feet northeasterly of the southwest corner of said Lot 3, Block Three, containing 0.02 acres more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land being all that part of Lot 3, Block Three, Erin’s Valley Subdivision, a subdivision being part of the West Half of the East Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska lying south of a line being more particularly described as follows: referring to the southwest corner of the West Half of the East Half of the Southwest Quarter thence northerly on the west line of the said West Half of the East Half of the Southwest Quarter a distance of 39.37 feet to the southwest corner of Lot 3, Block Three, Erin’s Valley Subdivision said point also being on the north right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence continuing on the aforedescribed course a distance of 47.27 feet to the point of beginning; thence southeasterly 110.29 feet to a point on the southeasterly line of said Lot 3, Block Three and the point of termination, said point being 21.45 feet northeasterly of the southeasterly corner of said Lot 3, Block Three, containing 0.07 acres more or less, of which 0.02 acres more or less, are included in the permanent easement. TRACT 3. PERMANENT EASEMENT ( Ellen Kowalewski) – A 10.0 foot wide tract of land being part of the South Half of the West Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska with the centerline being more particularly described as follows: referring to a point 33.0 feet east and 69.63 feet north of the southwest corner of the Southwest Quarter said point being the point of beginning; thence northeasterly a distance of 466.85 feet to a point 80.4 feet northerly of as measured perpendicular to the south line of the Southwest Quarter; thence deflecting right 00°05’30” and in a northeasterly direction a distance of 190.76 feet; thence deflecting right 01°24’36” parallel with and 85.1 feet northerly of, as measured perpendicular to the south line of the Southwest Quarter a distance of 428.93 feet; thence deflecting right 06°12’43” a distance of 217.82  feet to a point on the east line of the West Half of the Southwest Quarter and the point of termination, said point being 61.52 feet northerly of the southeast corner of the West Half of the Southwest Quarter, containing 0.30 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT – A 50.0 foot wide tract of land being part of the South Half of the West Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska with the centerline being more particularly described as follows: referring to a point 33.0 feet east and 69.63 feet north of the southwest corner of the Southwest Quarter  said point being the point of beginning; thence northeasterly a distance of 466.85 feet to a point 80.4 feet northerly of as measured perpendicular to the south line of the Southwest Quarter; thence deflecting right 00°05’30” and in a northeasterly direction a distance of 190.76 feet; thence deflecting right 01°24’36” parallel with and 85.1 feet northerly of, as measured perpendicular to the south line of the Southwest Quarter a distance of 428.93 feet; thence deflecting right 06°12’43” a distance of 217.82 feet to a point on the east line of the West Half of the Southwest Quarter and the point of termination, said point being 61.52 feet northerly of the southeast corner of the West Half of the Southwest Quarter, containing 1.40 Acres more or less, which 0.30 acres more or less are included in the permanent easement. TRACT 4. PERMANENT EASEMENT (LPRB, LLC) – A tract of land in the Northwest Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as a tract of land 15.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows:  referring to the northwest corner of the Northwest Quarter of the Northeast Quarter; thence southerly on the west line of the Northwest Quarter of the Northeast Quarter a distance of 39.37 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 493.5 feet; thence southeasterly a distance of 65.69 feet to a point 42.65 feet southerly of, as measured perpendicular to said north line; thence continuing southeasterly a distance of 196.87 feet to a point 45.93 feet southerly of, as measured perpendicular to said north line; thence northeasterly a distance of 65.69 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 489.54 feet to the point of termination, said point being on the east line of the Northwest Quarter of the Northeast Quarter and 39.37 feet southerly of the northeast corner of said Northwest Quarter of the Northeast Quarter, containing 0.45 acres, more or less. TOGETHER WITH: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 28, 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 said Northeast Quarter of the Northeast Quarter, thence southerly on the west line of said Northeast Quarter of the Northeast Quarter a distance of 39.37 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 39.37 feet southerly of the north line of the Northeast Quarter of the Northeast Quarter a distance of 232.24 feet; thence southeasterly a distance of 66.91 feet to a point 52.49 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with and 52.49 feet southerly of said north line a distance of 94.32 feet to a point on the west line of a tract described in a deed of record and recorded on Microfilm Roll 84, Page 3112 in the Register of Deeds Office, Buffalo County, Nebraska; thence southerly on the west line of said described tract a distance of 15.0 feet; thence northwesterly a distance of 392.7 feet more or less to a point on the west line of the Northeast Quarter of the Northeast Quarter, said point being 15.0 feet south of the point of beginning; thence north, and on said west line a distance of 15.0 feet to the point of beginning, containing 0.16 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land in the Northwest Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as the southerly 55.0 feet of a tract of land 70.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows:  referring to the northwest corner of the Northwest Quarter of the Northeast Quarter; thence southerly on the west line of the Northwest Quarter of the Northeast Quarter a distance of 39.37 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 493.5 feet; thence southeasterly a distance of 65.69 feet to a point 42.65 feet southerly of, as measured perpendicular to said north line; thence continuing southeasterly a distance of 196.87 feet to a point 45.93 feet southerly of, as measured perpendicular to said north line; thence northeasterly a distance of 65.69 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 489.54 feet to the point of termination, said point being on the east line of the Northwest Quarter of the Northeast Quarter and 39.37 feet southerly of the northeast corner of said Northwest Quarter of the Northeast Quarter, containing 1.66 acres, more or less. TOGETHER WITH: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 2), Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as being a tract of land 55.0 feet in width and abutting the southerly side of and parallel with a line more particularly described as follows: referring to the northwest corner of said Northeast Quarter of the Northeast Quarter, thence southerly on the west line of said Northeast Quarter of the Northeast Quarter a distance of 54.37 feet to the point of beginning; thence southeasterly a distance of 392.7 feet more or less to the point of termination, said point being on the west line of a tract described in a deed of record and recorded on Microfilm Roll 84, Page 3112 in the Register of Deeds Office, Buffalo County, Nebraska and 67.49 feet southerly of the northwest corner of said described tract, containing 0.50 acres, more or less. TRACT 5. PERMANENT EASEMENT (Richard and Marion Mintling) – A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as a tract of land 15.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: Referring to the northeast corner of said Northeast Quarter of the Northeast Quarter of said Section 28; thence westerly on the north line of the Northeast Quarter of the Northeast Quarter a distance of 928.22 feet; thence southerly deflecting 89°51’ left a distance of 45.93 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 45.93 feet southerly of the north line of the Northeast Quarter of the Northeast Quarter a distance of 168.22 feet to the point of termination, containing 0.06 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as being the southerly 55.0 feet of a tract of land 70.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: referring to the northeast corner of said Northeast Quarter of the Northeast Quarter of said Section 28; thence westerly on the north line of the Northeast Quarter of the Northeast Quarter a distance of 928.22 feet; thence southerly deflecting 89°51’ left a distance of 45.93 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 45.93 feet southerly of the north line of the Northeast Quarter of the Northeast Quarter a distance of 168.22 feet to the point of termination, containing 0.21 acres, more or less. TRACT 6. PERMANENT EASEMENT (Richard and Marion Mintling) – A tract of land being part of Lot 12, Western Hills Subdivision a subdivision in the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as a tract of land 15.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: beginning at the northwest corner of said Lot 12; thence south (a platted bearing) and on the west line of said Lot 12 a distance of 12.93 feet to the point of beginning; thence N89º48'20"E parallel with and 12.93 feet southerly of the North line of said Lot 12 a distance of 393.60 feet; thence S88º25’10”E a distance of 197.05 feet to a point 19.49 feet southerly of the north line of said Lot 12; thence N89º48'20"E parallel with and 19.49 feet southerly of said north line; a distance of 97.34 feet to the point of termination, said point being on the west line of 30th Avenue (an avenue in Buffalo County, Nebraska), containing 0.24 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land being part of Lot 12, Western Hills Subdivision a subdivision in the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as being the southerly 50.0 feet of a tract of land 65.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: beginning at the northwest corner of said Lot 12; thence south (a platted bearing) and on the west line of said Lot 12 a distance of 12.93 feet to the point of beginning; thence N89º48'20"E parallel with and 12.93 feet southerly of the north line of said Lot 12 a distance of 393.60 feet; thence S88º25’10”E a distance of 197.05 feet to a point 19.49 feet southerly of the north line of said Lot 12; thence N89º48'20"E parallel with and 19.49 feet southerly of said north line a distance of 97.34 feet to the point of termination, said point being on the west line of 30th Avenue (an avenue in Buffalo County, Nebraska), containing 0.79 acres, more or less.

 

Director of Utilities Kirk Stocker presented this matter to the Council.  During the design of the Northwest Well Field Water Transmission Main it was decided that portions of the water main should be constructed in easements in order to reduce conflicts with existing utilities already located in the county road right-of-way. The easements are required for six tracts of land held by five separate owners.  The easements are located on the south side of 56th Street from 30th Avenue west to approximately 46th Avenue and on the north side of 56th Street from Cottonmill Road east about one half mile. The transmission main will be laid in county road right-of-way west of Cottonmill Road and in the first half mile west of 46th Avenue. The City has negotiated the acquisition of these easements with the property owners.

 

Section 18-1775 of the Nebraska Revised Statutes requires 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 acquisitions for easements necessary for the construction of the Northwest Well Field Water Transmission Main on the following tracts of land (in 56th Street from 30th Avenue west to approximately 46th Avenue) and approve Resolution No. 2007-89: TRACT 1. PERMANENT EASEMENT (B4 Inc.) – A tract of land in the Northwest Quarter of Section 28) 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 the Northwest Quarter, thence southerly on the west line of the Northwest Quarter a distance of 59.05 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence northeasterly a distance of 43.74 feet to a point 42.65 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter; thence northeasterly a distance of 196.88 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 37.0 feet to the point of beginning; thence continuing on the aforedescribed course a distance of 684.78 feet; thence southeasterly a distance of 66.92 feet to a point 52.49 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 131.23 feet; thence northeasterly a distance of 157.9 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 48.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence continuing on the afore described course a distance of 104.65 feet to a point 45.93 feet southerly of, as measured perpendicular to said north line; thence northeasterly a distance of 131.40 feet to a point 39.37 feet southerly of, as measured perpendicular to the said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 1081.30 feet to the east line of the Northwest Quarter; thence southerly leaving the south right-of-way line of 56th Street and on the east line of the Northwest Quarter a distance of 15.0 feet; thence westerly parallel with and 54.37 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter a distance of 870.7 feet; thence deflecting 01°10’41” left a distance of 446.8 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 63.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence northerly on the east line of the Northwest Quarter of the Northwest Quarter a distance of 3.0 feet; thence southwesterly a distance of 157.5 feet to a point 64.49 feet southerly of, as measured perpendicular to said north line; thence deflecting right 01°25’50” and parallel with said north line a distance of 132.5 feet; thence deflecting right 11°19’25” a distance of 66.8 feet; thence deflecting left 11°19’25” and parallel with the north line of the Northwest Quarter a distance of 683.58 feet; thence deflecting right 90°00’ and in a northerly direction a distance of 12.0 feet to the point of beginning, containing 0.77 acres more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land in the Northwest Quarter of Section 28, 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 the Northwest Quarter, thence southerly on the west line of the Northwest Quarter a distance of 59.05 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence northeasterly a distance of 43.74 feet to a point 42.65 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter; thence northeasterly a distance of 196.88 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 37.0 feet; thence deflecting right 90°00’ and leaving the south right-of-way line of 56th Street a distance of 12.0 feet to the point of beginning; thence continuing on the aforedescribed course a distance of 50.0 feet; thence deflecting left 90°00’ and parallel with the north line of the Northwest Quarter a distance of 679.1 feet; thence deflecting right 11°19’25” a distance of 66.8 feet; thence deflecting left 11°19’25” and parallel with the north line of the Northwest Quarter a distance of 138.1 feet; thence deflecting left 01°25’50” a distance of 156.6 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 110.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence southerly on the east line of the Northwest Quarter of the Northwest Quarter a distance of 3.0 feet; thence northeasterly 447.25 feet to a point 104.37 feet southerly of, as measured perpendicular to the said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 870.0 feet to the east line of the Northwest Quarter; thence northerly on the east line of the Northwest Quarter a distance of 50.0 feet; thence westerly parallel with and 54.37 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter a distance of 870.7 feet; thence deflecting left 01°10’41” a distance of 446.8 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 63.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence northerly on the east line of the Northwest Quarter of the Northwest Quarter a distance of 3.0 feet; thence southwesterly a distance of 157.5 feet to a point 64.49 feet southerly of, as measured perpendicular to said north line; thence deflecting right 01°25’50” and parallel with said north line a distance of 132.5 feet; thence deflecting right 11°19’25” a distance of 66.8 feet; thence deflecting left 11°19’25” and parallel with the north line of the Northwest Quarter a distance of 683.58 feet to the point of beginning, containing 2.71 acres more or less. TRACT 2. PERMANENT EASEMENT (James and Polly Hays) – A 10.0 foot wide tract of land being part of Lot 3, Block Three, Erin’s Valley Subdivision a subdivision being part of the West Half of the East Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska with the centerline being more particularly described as follows: referring to the southwest corner of the West Half of the East Half of the Southwest Quarter thence northerly on the west line of the said West Half of the East Half of the Southwest Quarter a distance of 39.37 feet to the southwest corner of Lot 3, Block Three, Erin’s Valley Subdivision said point also being on the north right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence continuing on the aforedescribed course a distance of 22.15 feet to the point of beginning; thence southeasterly 70.12 feet to a point on the North right-of-way line of 56th Street and the point of termination, said point being 87.38 feet northeasterly of the southwest corner of said Lot 3, Block Three, containing 0.02 acres more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land being all that part of Lot 3, Block Three, Erin’s Valley Subdivision, a subdivision being part of the West Half of the East Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska lying south of a line being more particularly described as follows: referring to the southwest corner of the West Half of the East Half of the Southwest Quarter thence northerly on the west line of the said West Half of the East Half of the Southwest Quarter a distance of 39.37 feet to the southwest corner of Lot 3, Block Three, Erin’s Valley Subdivision said point also being on the north right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence continuing on the aforedescribed course a distance of 47.27 feet to the point of beginning; thence southeasterly 110.29 feet to a point on the southeasterly line of said Lot 3, Block Three and the point of termination, said point being 21.45 feet northeasterly of the southeasterly corner of said Lot 3, Block Three, containing 0.07 acres more or less, of which 0.02 acres more or less, are included in the permanent easement. TRACT 3. PERMANENT EASEMENT ( Ellen Kowalewski) – A 10.0 foot wide tract of land being part of the South Half of the West Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska with the centerline being more particularly described as follows: referring to a point 33.0 feet east and 69.63 feet north of the southwest corner of the Southwest Quarter said point being the point of beginning; thence northeasterly a distance of 466.85 feet to a point 80.4 feet northerly of as measured perpendicular to the south line of the Southwest Quarter; thence deflecting right 00°05’30” and in a northeasterly direction a distance of 190.76 feet; thence deflecting right 01°24’36” parallel with and 85.1 feet northerly of, as measured perpendicular to the south line of the Southwest Quarter a distance of 428.93 feet; thence deflecting right 06°12’43” a distance of 217.82  feet to a point on the east line of the West Half of the Southwest Quarter and the point of termination, said point being 61.52 feet northerly of the southeast corner of the West Half of the Southwest Quarter, containing 0.30 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT – A 50.0 foot wide tract of land being part of the South Half of the West Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska with the centerline being more particularly described as follows: referring to a point 33.0 feet east and 69.63 feet north of the southwest corner of the Southwest Quarter  said point being the point of beginning; thence northeasterly a distance of 466.85 feet to a point 80.4 feet northerly of as measured perpendicular to the south line of the Southwest Quarter; thence deflecting right 00°05’30” and in a northeasterly direction a distance of 190.76 feet; thence deflecting right 01°24’36” parallel with and 85.1 feet northerly of, as measured perpendicular to the south line of the Southwest Quarter a distance of 428.93 feet; thence deflecting right 06°12’43” a distance of 217.82 feet to a point on the east line of the West Half of the Southwest Quarter and the point of termination, said point being 61.52 feet northerly of the southeast corner of the West Half of the Southwest Quarter, containing 1.40 Acres more or less, which 0.30 acres more or less are included in the permanent easement. TRACT 4. PERMANENT EASEMENT (LPRB, LLC) – A tract of land in the Northwest Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as a tract of land 15.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows:  referring to the northwest corner of the Northwest Quarter of the Northeast Quarter; thence southerly on the west line of the Northwest Quarter of the Northeast Quarter a distance of 39.37 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 493.5 feet; thence southeasterly a distance of 65.69 feet to a point 42.65 feet southerly of, as measured perpendicular to said north line; thence continuing southeasterly a distance of 196.87 feet to a point 45.93 feet southerly of, as measured perpendicular to said north line; thence northeasterly a distance of 65.69 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 489.54 feet to the point of termination, said point being on the east line of the Northwest Quarter of the Northeast Quarter and 39.37 feet southerly of the northeast corner of said Northwest Quarter of the Northeast Quarter, containing 0.45 acres, more or less. TOGETHER WITH: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 28, 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 said Northeast Quarter of the Northeast Quarter, thence southerly on the west line of said Northeast Quarter of the Northeast Quarter a distance of 39.37 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 39.37 feet southerly of the north line of the Northeast Quarter of the Northeast Quarter a distance of 232.24 feet; thence southeasterly a distance of 66.91 feet to a point 52.49 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with and 52.49 feet southerly of said north line a distance of 94.32 feet to a point on the west line of a tract described in a deed of record and recorded on Microfilm Roll 84, Page 3112 in the Register of Deeds Office, Buffalo County, Nebraska; thence southerly on the west line of said described tract a distance of 15.0 feet; thence northwesterly a distance of 392.7 feet more or less to a point on the west line of the Northeast Quarter of the Northeast Quarter, said point being 15.0 feet south of the point of beginning; thence north, and on said west line a distance of 15.0 feet to the point of beginning, containing 0.16 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land in the Northwest Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as the southerly 55.0 feet of a tract of land 70.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows:  referring to the northwest corner of the Northwest Quarter of the Northeast Quarter; thence southerly on the west line of the Northwest Quarter of the Northeast Quarter a distance of 39.37 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 493.5 feet; thence southeasterly a distance of 65.69 feet to a point 42.65 feet southerly of, as measured perpendicular to said north line; thence continuing southeasterly a distance of 196.87 feet to a point 45.93 feet southerly of, as measured perpendicular to said north line; thence northeasterly a distance of 65.69 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 489.54 feet to the point of termination, said point being on the east line of the Northwest Quarter of the Northeast Quarter and 39.37 feet southerly of the northeast corner of said Northwest Quarter of the Northeast Quarter, containing 1.66 acres, more or less. TOGETHER WITH: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 2), Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as being a tract of land 55.0 feet in width and abutting the southerly side of and parallel with a line more particularly described as follows: referring to the northwest corner of said Northeast Quarter of the Northeast Quarter, thence southerly on the west line of said Northeast Quarter of the Northeast Quarter a distance of 54.37 feet to the point of beginning; thence southeasterly a distance of 392.7 feet more or less to the point of termination, said point being on the west line of a tract described in a deed of record and recorded on Microfilm Roll 84, Page 3112 in the Register of Deeds Office, Buffalo County, Nebraska and 67.49 feet southerly of the northwest corner of said described tract, containing 0.50 acres, more or less. TRACT 5. PERMANENT EASEMENT (Richard and Marion Mintling) – A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as a tract of land 15.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: Referring to the northeast corner of said Northeast Quarter of the Northeast Quarter of said Section 28; thence westerly on the north line of the Northeast Quarter of the Northeast Quarter a distance of 928.22 feet; thence southerly deflecting 89°51’ left a distance of 45.93 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 45.93 feet southerly of the north line of the Northeast Quarter of the Northeast Quarter a distance of 168.22 feet to the point of termination, containing 0.06 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as being the southerly 55.0 feet of a tract of land 70.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: referring to the northeast corner of said Northeast Quarter of the Northeast Quarter of said Section 28; thence westerly on the north line of the Northeast Quarter of the Northeast Quarter a distance of 928.22 feet; thence southerly deflecting 89°51’ left a distance of 45.93 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 45.93 feet southerly of the north line of the Northeast Quarter of the Northeast Quarter a distance of 168.22 feet to the point of termination, containing 0.21 acres, more or less. TRACT 6. PERMANENT EASEMENT (Richard and Marion Mintling) – A tract of land being part of Lot 12, Western Hills Subdivision a subdivision in the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as a tract of land 15.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: beginning at the northwest corner of said Lot 12; thence south (a platted bearing) and on the west line of said Lot 12 a distance of 12.93 feet to the point of beginning; thence N89º48'20"E parallel with and 12.93 feet southerly of the North line of said Lot 12 a distance of 393.60 feet; thence S88º25’10”E a distance of 197.05 feet to a point 19.49 feet southerly of the north line of said Lot 12; thence N89º48'20"E parallel with and 19.49 feet southerly of said north line; a distance of 97.34 feet to the point of termination, said point being on the west line of 30th Avenue (an avenue in Buffalo County, Nebraska), containing 0.24 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT – A tract of land being part of Lot 12, Western Hills Subdivision a subdivision in the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as being the southerly 50.0 feet of a tract of land 65.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: beginning at the northwest corner of said Lot 12; thence south (a platted bearing) and on the west line of said Lot 12 a distance of 12.93 feet to the point of beginning; thence N89º48'20"E parallel with and 12.93 feet southerly of the north line of said Lot 12 a distance of 393.60 feet; thence S88º25’10”E a distance of 197.05 feet to a point 19.49 feet southerly of the north line of said Lot 12; thence N89º48'20"E parallel with and 19.49 feet southerly of said north line a distance of 97.34 feet to the point of termination, said point being on the west line of 30th Avenue (an avenue in Buffalo County, Nebraska), containing 0.79 acres, more or less. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-89

 

            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 of permanent and temporary easements for the construction of the Northwest Well Field Water Transmission Main and voted in favor to proceed with the acquisition; and

            WHEREAS, B4 Inc., a Nebraska Corporation, has granted to the City of Kearney, Nebraska, a Permanent and Temporary Construction Easement as follows:

Permanent Easement

A tract of land in the Northwest Quarter of Section 28) 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 the Northwest Quarter, thence southerly on the west line of the Northwest Quarter a distance of 59.05 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence northeasterly a distance of 43.74 feet to a point 42.65 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter; thence northeasterly a distance of 196.88 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 37.0 feet to the point of beginning; thence continuing on the aforedescribed course a distance of 684.78 feet; thence southeasterly a distance of 66.92 feet to a point 52.49 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 131.23 feet; thence northeasterly a distance of 157.9 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 48.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence continuing on the afore described course a distance of 104.65 feet to a point 45.93 feet southerly of, as measured perpendicular to said north line; thence northeasterly a distance of 131.40 feet to a point 39.37 feet southerly of, as measured perpendicular to the said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 1081.30 feet to the east line of the Northwest Quarter; thence southerly leaving the south right-of-way line of 56th Street and on the east line of the Northwest Quarter a distance of 15.0 feet; thence westerly parallel with and 54.37 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter a distance of 870.7 feet; thence deflecting 01°10’41” left a distance of 446.8 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 63.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence northerly on the east line of the Northwest Quarter of the Northwest Quarter a distance of 3.0 feet; thence southwesterly a distance of 157.5 feet to a point 64.49 feet southerly of, as measured perpendicular to said north line; thence deflecting right 01°25’50” and parallel with said north line a distance of 132.5 feet; thence deflecting right 11°19’25” a distance of 66.8 feet; thence deflecting left 11°19’25” and parallel with the north line of the Northwest Quarter a distance of 683.58 feet; thence deflecting right 90°00’ and in a northerly direction a distance of 12.0 feet to the point of beginning, containing 0.77 acres more or less.

Temporary Construction Easement

A tract of land in the Northwest Quarter of Section 28, 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 the Northwest Quarter, thence southerly on the west line of the Northwest Quarter a distance of 59.05 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence northeasterly a distance of 43.74 feet to a point 42.65 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter; thence northeasterly a distance of 196.88 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 37.0 feet; thence deflecting right 90°00’ and leaving the south right-of-way line of 56th Street a distance of 12.0 feet to the point of beginning; thence continuing on the aforedescribed course a distance of 50.0 feet; thence deflecting left 90°00’ and parallel with the north line of the Northwest Quarter a distance of 679.1 feet; thence deflecting right 11°19’25” a distance of 66.8 feet; thence deflecting left 11°19’25” and parallel with the north line of the Northwest Quarter a distance of 138.1 feet; thence deflecting left 01°25’50” a distance of 156.6 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 110.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence southerly on the east line of the Northwest Quarter of the Northwest Quarter a distance of 3.0 feet; thence northeasterly 447.25 feet to a point 104.37 feet southerly of, as measured perpendicular to the said north line; thence easterly parallel with the north line of the Northwest Quarter a distance of 870.0 feet to the east line of the Northwest Quarter; thence northerly on the east line of the Northwest Quarter a distance of 50.0 feet; thence westerly parallel with and 54.37 feet southerly of, as measured perpendicular to the north line of the Northwest Quarter a distance of 870.7 feet; thence deflecting left 01°10’41” a distance of 446.8 feet to a point on the east line of the Northwest Quarter of the Northwest Quarter said point being 63.55 feet southerly of the northeast corner of the Northwest Quarter of the Northwest Quarter; thence northerly on the east line of the Northwest Quarter of the Northwest Quarter a distance of 3.0 feet; thence southwesterly a distance of 157.5 feet to a point 64.49 feet southerly of, as measured perpendicular to said north line; thence deflecting right 01°25’50” and parallel with said north line a distance of 132.5 feet; thence deflecting right 11°19’25” a distance of 66.8 feet; thence deflecting left 11°19’25” and parallel with the north line of the Northwest Quarter a distance of 683.58 feet to the point of beginning, containing 2.71 acres more or less.

            WHEREAS, James M. and Polly A. Hays, Husband and Wife, have granted to the City of Kearney, Nebraska, a Permanent and Temporary Construction Easement as follows:

Permanent Easement

A 10.0 foot wide tract of land being part of Lot 3, Block Three, Erin’s Valley Subdivision a subdivision being part of the West Half of the East Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska with the centerline being more particularly described as follows: referring to the southwest corner of the West Half of the East Half of the Southwest Quarter thence northerly on the west line of the said West Half of the East Half of the Southwest Quarter a distance of 39.37 feet to the southwest corner of Lot 3, Block Three, Erin’s Valley Subdivision said point also being on the north right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence continuing on the aforedescribed course a distance of 22.15 feet to the point of beginning; thence southeasterly 70.12 feet to a point on the North right-of-way line of 56th Street and the point of termination, said point being 87.38 feet northeasterly of the southwest corner of said Lot 3, Block Three, containing 0.02 acres more or less.

Temporary Construction Easement

A tract of land being all that part of Lot 3, Block Three, Erin’s Valley Subdivision, a subdivision being part of the West Half of the East Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska lying south of a line being more particularly described as follows: referring to the southwest corner of the West Half of the East Half of the Southwest Quarter thence northerly on the west line of the said West Half of the East Half of the Southwest Quarter a distance of 39.37 feet to the southwest corner of Lot 3, Block Three, Erin’s Valley Subdivision said point also being on the north right-of-way line of 56th Street (a street in Buffalo County, Nebraska); thence continuing on the aforedescribed course a distance of 47.27 feet to the point of beginning; thence southeasterly 110.29 feet to a point on the southeasterly line of said Lot 3, Block Three and the point of termination, said point being 21.45 feet northeasterly of the southeasterly corner of said Lot 3, Block Three, containing 0.07 acres more or less, of which 0.02 acres more or less, are included in the permanent easement.

            WHEREAS, Ellen M. Kowalewski, a Single Person, has granted to the City of Kearney, Nebraska, a Permanent and Temporary Construction Easement as follows:

Permanent Easement

A 10.0 foot wide tract of land being part of the South Half of the West Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska with the centerline being more particularly described as follows: referring to a point 33.0 feet east and 69.63 feet north of the southwest corner of the Southwest Quarter said point being the point of beginning; thence northeasterly a distance of 466.85 feet to a point 80.4 feet northerly of as measured perpendicular to the south line of the Southwest Quarter; thence deflecting right 00°05’30” and in a northeasterly direction a distance of 190.76 feet; thence deflecting right 01°24’36” parallel with and 85.1 feet northerly of, as measured perpendicular to the south line of the Southwest Quarter a distance of 428.93 feet; thence deflecting right 06°12’43” a distance of 217.82  feet to a point on the east line of the West Half of the Southwest Quarter and the point of termination, said point being 61.52 feet northerly of the southeast corner of the West Half of the Southwest Quarter, containing 0.30 acres, more or less.

Temporary Construction Easement

A 50.0 foot wide tract of land being part of the South Half of the West Half of the Southwest Quarter of Section 20, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska with the centerline being more particularly described as follows: referring to a point 33.0 feet east and 69.63 feet north of the southwest corner of the Southwest Quarter  said point being the point of beginning; thence northeasterly a distance of 466.85 feet to a point 80.4 feet northerly of as measured perpendicular to the south line of the Southwest Quarter; thence deflecting right 00°05’30” and in a northeasterly direction a distance of 190.76 feet; thence deflecting right 01°24’36” parallel with and 85.1 feet northerly of, as measured perpendicular to the south line of the Southwest Quarter a distance of 428.93 feet; thence deflecting right 06°12’43” a distance of 217.82 feet to a point on the east line of the West Half of the Southwest Quarter and the point of termination, said point being 61.52 feet northerly of the southeast corner of the West Half of the Southwest Quarter, containing 1.40 Acres more or less, which 0.30 acres more or less are included in the permanent easement.

            WHEREAS, LPRB, LLC, a Nebraska Limited Liability Company, has granted to the City of Kearney, Nebraska, a Permanent and Temporary Construction Easement as follows:

Permanent Easement

A tract of land in the Northwest Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as a tract of land 15.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows:  referring to the northwest corner of the Northwest Quarter of the Northeast Quarter; thence southerly on the west line of the Northwest Quarter of the Northeast Quarter a distance of 39.37 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 493.5 feet; thence southeasterly a distance of 65.69 feet to a point 42.65 feet southerly of, as measured perpendicular to said north line; thence continuing southeasterly a distance of 196.87 feet to a point 45.93 feet southerly of, as measured perpendicular to said north line; thence northeasterly a distance of 65.69 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 489.54 feet to the point of termination, said point being on the east line of the Northwest Quarter of the Northeast Quarter and 39.37 feet southerly of the northeast corner of said Northwest Quarter of the Northeast Quarter, containing 0.45 acres, more or less. TOGETHER WITH: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 28, 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 said Northeast Quarter of the Northeast Quarter, thence southerly on the west line of said Northeast Quarter of the Northeast Quarter a distance of 39.37 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 39.37 feet southerly of the north line of the Northeast Quarter of the Northeast Quarter a distance of 232.24 feet; thence southeasterly a distance of 66.91 feet to a point 52.49 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with and 52.49 feet southerly of said north line a distance of 94.32 feet to a point on the west line of a tract described in a deed of record and recorded on Microfilm Roll 84, Page 3112 in the Register of Deeds Office, Buffalo County, Nebraska; thence southerly on the west line of said described tract a distance of 15.0 feet; thence northwesterly a distance of 392.7 feet more or less to a point on the west line of the Northeast Quarter of the Northeast Quarter, said point being 15.0 feet south of the point of beginning; thence north, and on said west line a distance of 15.0 feet to the point of beginning, containing 0.16 acres, more or less.

Temporary Construction Easement

A tract of land in the Northwest Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as the southerly 55.0 feet of a tract of land 70.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows:  referring to the northwest corner of the Northwest Quarter of the Northeast Quarter; thence southerly on the west line of the Northwest Quarter of the Northeast Quarter a distance of 39.37 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 493.5 feet; thence southeasterly a distance of 65.69 feet to a point 42.65 feet southerly of, as measured perpendicular to said north line; thence continuing southeasterly a distance of 196.87 feet to a point 45.93 feet southerly of, as measured perpendicular to said north line; thence northeasterly a distance of 65.69 feet to a point 39.37 feet southerly of, as measured perpendicular to said north line; thence easterly parallel with and 39.37 feet southerly of the north line of the Northwest Quarter of the Northeast Quarter a distance of 489.54 feet to the point of termination, said point being on the east line of the Northwest Quarter of the Northeast Quarter and 39.37 feet southerly of the northeast corner of said Northwest Quarter of the Northeast Quarter, containing 1.66 acres, more or less.  TOGETHER WITH: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 2), Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as being a tract of land 55.0 feet in width and abutting the southerly side of and parallel with a line more particularly described as follows: referring to the northwest corner of said Northeast Quarter of the Northeast Quarter, thence southerly on the west line of said Northeast Quarter of the Northeast Quarter a distance of 54.37 feet to the point of beginning; thence southeasterly a distance of 392.7 feet more or less to the point of termination, said point being on the west line of a tract described in a deed of record and recorded on Microfilm Roll 84, Page 3112 in the Register of Deeds Office, Buffalo County, Nebraska and 67.49 feet southerly of the northwest corner of said described tract, containing 0.50 acres, more or less.

            WHEREAS, Richard L. and Marion L. Mintling, Husband and Wife, have granted to the City of Kearney, Nebraska, a Permanent and Temporary Construction Easement as follows:

Permanent Easement

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as a tract of land 15.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: Referring to the northeast corner of said Northeast Quarter of the Northeast Quarter of said Section 28; thence westerly on the north line of the Northeast Quarter of the Northeast Quarter a distance of 928.22 feet; thence southerly deflecting 89°51’ left a distance of 45.93 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 45.93 feet southerly of the north line of the Northeast Quarter of the Northeast Quarter a distance of 168.22 feet to the point of termination, containing 0.06 acres, more or less.

Temporary Construction Easement

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as being the southerly 55.0 feet of a tract of land 70.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: referring to the northeast corner of said Northeast Quarter of the Northeast Quarter of said Section 28; thence westerly on the north line of the Northeast Quarter of the Northeast Quarter a distance of 928.22 feet; thence southerly deflecting 89°51’ left a distance of 45.93 feet to a point on the south right-of-way line of 56th Street (a street in Buffalo County, Nebraska), said point being the point of beginning; thence easterly parallel with and 45.93 feet southerly of the north line of the Northeast Quarter of the Northeast Quarter a distance of 168.22 feet to the point of termination, containing 0.21 acres, more or less.

            WHEREAS, Richard L. and Marion L. Mintling, Husband and Wife, have granted to the City of Kearney, Nebraska, a Permanent and Temporary Construction Easement as follows:

Permanent Easement

A tract of land being part of Lot 12, Western Hills Subdivision a subdivision in the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as a tract of land 15.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: beginning at the northwest corner of said Lot 12; thence south (a platted bearing) and on the west line of said Lot 12 a distance of 12.93 feet to the point of beginning; thence N89º48'20"E parallel with and 12.93 feet southerly of the North line of said Lot 12 a distance of 393.60 feet; thence S88º25’10”E a distance of 197.05 feet to a point 19.49 feet southerly of the north line of said Lot 12; thence N89º48'20"E parallel with and 19.49 feet southerly of said north line; a distance of 97.34 feet to the point of termination, said point being on the west line of 30th Avenue (an avenue in Buffalo County, Nebraska), containing 0.24 acres, more or less.

Temporary Construction Easement

A tract of land being part of Lot 12, Western Hills Subdivision a subdivision in the Northeast Quarter of Section 28, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as being the southerly 50.0 feet of a tract of land 65.0 feet in width abutting the southerly side of and parallel with a line more particularly described as follows: beginning at the northwest corner of said Lot 12; thence south (a platted bearing) and on the west line of said Lot 12 a distance of 12.93 feet to the point of beginning; thence N89º48'20"E parallel with and 12.93 feet southerly of the north line of said Lot 12 a distance of 393.60 feet; thence S88º25’10”E a distance of 197.05 feet to a point 19.49 feet southerly of the north line of said Lot 12; thence N89º48'20"E parallel with and 19.49 feet southerly of said north line a distance of 97.34 feet to the point of termination, said point being on the west line of 30th Avenue (an avenue in Buffalo County, Nebraska), containing 0.79 acres, more or less.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Permanent and Temporary Construction Easements granted by B4 Inc., a Nebraska Corporation; James M. and Polly A. Hays, Husband and Wife; Ellen M. Kowalewski, a Single Person; LPRB, LLC, a Nebraska Limited Liability Company; and Richard L. and Marion L. Mintling, Husband and Wife to the City of Kearney be and are hereby approved and accepted.

            PASSED AND APPROVED THIS 22ND DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Mayor Clouse stated that Subsection 16 will be voted on separately since Council member Lear will be abstaining on this matter.  Council member Lear is an officer of Platte Valley State Bank.

 

Moved by Lammers seconded by Buschkoetter that Subsection 16 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear abstaining.  Motion carried.

 

16.        Approve Resolution No. 2007-97 authorizing the Director of Finance and Administration to execute agreements with Platte Valley State Bank and Platte Valley State Bank is authorized to honor, execute and process the City of Kearney’s funds.

 

RESOLUTION NO. 2007-97

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that Platte Valley State Bank is hereby requested to honor, execute and process the City of Kearney’s telephonic, on-line, and oral requests for the transfer of funds from the accounts of the City of Kearney to other accounts of the City of Kearney or to third parties, upon and subject to such terms and conditions as may from time to time be agreed upon between the City of Kearney and Platte Valley State Bank.

            BE IT FURTHER RESOLVED that the Director of Finance and Administration of the City of Kearney be and is hereby authorized, for and in the name of the City of Kearney, to execute agreements with Platte Valley State Bank providing for such funds transfer, and to indicate to Platte Valley State Bank the authorized representative who is authorized singly to make and verify requests for such transfer and Platte Valley State Bank shall be entitled to honor and charge the City of Kearney for all such requests when give or purported to be given by such representative.

            BE IT FURTHER RESOLVED that this resolution shall remain in full force and effect, and Platte Valley State Bank is authorized and requested to rely and act thereon, until Platte Valley State Bank shall receive written notice to the contrary.

            PASSED AND APPROVED THIS 22ND DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 15 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held May 8, 2007.

 

2.         Approve the following Claims: AT&T $190.10 smcs; Agri Co-op $1,859.46 smcs; Alamar Uniforms $2,613.87 smcs; Alltel $3,468.20 smcs; Almetek Ind $2,693.27 smcs; Almquist,R $150.00 smcs; Amazon $1,347.29 smcs; Anderson Brothers $442.75 smcs; Anderson Ford $26,970.00 co; Artic Refrigeration $205.83 smcs; Ashbrook $18,979.51 smcs; Ashworth $5,262.79 smcs; Associated Bag $203.76 smcs; Aurora Co-op $92.40 smcs; B&B Auto Glass $2,271.85 smcs,co; B&H Photo $792.60 smcs; Baker & Taylor Books $1,948.71 smcs; Bamford $309.00 smcs; Barney Abstract $300.00 smcs; Barney Insurance $95.00 smcs; BBC Audiobooks $57.00 smcs; Becker,G $47.25 smcs; Biddle,A $4.68 smcs; Blackstone Audiobooks $27.73 smcs; Bluecross Blueshield $78,160.59 smcs; Bosselman $13,457.10 smcs; Bowman,R $3.21 smcs; Boyd's Full Service Vending $26.60 smcs; Brink,M $16.07 smcs; Broadfoot's $1,272.50 smcs; Brown,A $185.78 smcs; Buffalo Co Treasurer $3,092.28 smcs,co; Busboom,K $8.16 smcs; Callahan,T $26.09 smcs; Cash-Wa $1,706.70 smcs; Central Hydraulic System $2,073.35 smcs; Charlesworth & Associates $2,006.25 smcs; Charter $54.99 smcs; Chesterman $92.00 smcs; City of Ky $85,184.69 smcs,ps; College Savings Plan of NE $75.00 ps; Copycat Printing $601.90 smcs; Cross,J $28.36 smcs; Crossroads Ford $506.62 smcs; Culligan $232.75 smcs; Cummins Central Power $1,099.72 smcs; Dawson Co PPD $9,731.85 smcs; Dell $3,969.82 smcs; Dent Popper $135.00 co; Dolan,K $16.39 smcs; DPC Industries $17,439.99 smcs; Eakes $593.41 smcs,co; Ecolab $30.00 smcs; EDM Equipment $180.00 smcs; Eickhoff,B $58.00 ps; Engel,C $970.00 smcs; England,R $31.20 smcs; Enslow Publishers $16.95 smcs; Fairbanks $155.69 smcs; Farmers Union $1,100.70 smcs; Fedex $17.52 smcs; Footjoy $574.22 smcs; Foster,R $4.92 smcs; Foth,D $32.48 smcs; Freedom Pump $812.84 smcs; Frontier $8,579.09 smcs; Galls $1,203.63 smcs; Garrett Tires $2,208.04 smcs; Great Plains Asbestos $384.00 co; Great Plains One Call $393.22 smcs; H&H Distributing $1,321.30 smcs; Hammond,B $227.54 smcs; Harley Davidson $27.20 smcs; Hausmann Construction $199,050.75 co; HD Supply $5,027.54 smcs; Health & Human Services $160.00 smcs; Heartland Co-op $234.00 smcs; Hillman,S $12.39 smcs; Hometown Leasing $248.23 smcs; Hooker Brothers $216.90 smcs; Howell,D $5.53 smcs; Hydrologic $175.00 smcs; ICMA RC $2,809.38 ps; IIAN $90.00 smcs; IMLA $625.00 smcs; IRS $92,851.87 ps; Isaac,D $150.00 ps; Jack Lederman $540.65 smcs; Kaufman's Antiques $100.00 smcs; Ky Clinic $1,191.00 ps; Ky Community Foundation $50.00 smcs; Ky Concrete $1,297.84 smcs,co; Ky Crete & Block $286.62 co; Ky Cycling $20.00 smcs; Ky Hub $7,536.93 smcs; Ky Humane Society $2,570.00 smcs; Ky Storytelling $600.00 smcs; Ky Towing $180.00 smcs; Keiss,T $11.85 smcs; Kelley Tree Service $9,967.00 smcs; Kemper,R $34.84 smcs; KGFW-AM $25.00 smcs; Kimmel,D $32.98 smcs; Kirkham Michael $1,806.52 co; Konica Minolta $248.51 smcs; Krueger,L $13.96 smcs; Kruger,H $8.40 smcs; Land,D $85.00 smcs; Laughlin,K $180.00 ps; LCL Truck Equipment $5,878.15 co; Lenz,D $2.60 smcs; Liebarth,J $23.80 smcs; Linweld $34.50 smcs; LIPS $195.00 smcs; Loebig,P $35.10 smcs; Lorenzen,K $55.00 smcs; Magic Cleaning $660.00 smcs; Mail Express $29.38 smcs; Maines Electric $185.00 smcs; Marlatt Machine $150.00 co; Marshall,H $8.08 smcs; MAS Modern Marketing $1,462.22 smcs; Mattley Advertising $440.00 smcs; McCracken,B $10,598.42 smcs; Meadowbrook Ins $2,110.00 smcs; Medtronic $439.81 smcs; Meridian Library System $195.00 smcs; Meteorlogix $567.00 er; MGS Tech $55.23 co; Midland Molding $33.00 smcs; Midland Telecom $22.46 smcs; Midwest Radar $239.75 co; Midwest Service $20,068.28 smcs,co; Mieth,T $21.12 smcs; Miller Signs $3,802.18 smcs; Moore Wallace $495.00 smcs; MPH Industries $1,590.00 smcs; Municipal Emergency $128.43 smcs; Nashville Wraps $1,128.44 smcs; NE Child Support $1,953.04 ps; NE Dept of Aeronautics $995.00 ds; NE Dept of Insurance $40.00 smcs; NE Golf & Turf $400.00 smcs; NE Library Assn $277.00 co; NE Trails Council $50.00 smcs; NE Truck Center $20,321.00 co; Neben,D $63.42 smcs; NEland Distributors $1,146.80 smcs; Neneman,S $15.27 smcs; Neopost $8,000.00 smcs; Norm's Plumbing $117.00 smcs; Northwestern Energy $8,786.97 smcs; O'Donnell,L $40.00 smcs; Office Depot $76.54 smcs; Officenet $290.00 smcs; Panowicz,D $50.00 smcs; Paramount $370.38 smcs; Parish,D $9.73 smcs; Parson,T $31.25 smcs; Pearson,K $5.91 smcs; Pennetta,M $27.39 smcs; Pep Co $51.10 smcs; Pepsi-Cola $1,441.66 smcs; Pfeifer,L $2.88 smcs; Pima Direct $1,806.82 smcs; Ping $1,558.59 smcs; Platte Valley Comm $7,262.13 smcs,co; Postek,M $31.86 smcs; Presco Sales $2,824.32 smcs; Presto-X $111.00 smcs; Prime Communications $324.87 co; Quill $347.85 smcs; Random House $322.40 smcs; Rasmussen,R $31.82 smcs; Ready Mixed Concrete $819.90 smcs,co; Recognition Unlimited $1,093.25 ps; Recorded Books $218.01 smcs; Resource Management $1,053.63 smcs; Rich,B $10.77 smcs; Roach,W $7.30 smcs; Russell,B $22.13 smcs; See Clear Cleaning $3,200.00 smcs; Sensus Metering System $132.00 smcs; Sergeant,J $21.57 smcs; Sherwin-Williams $141.46 smcs; Shopping Tripps $75.00 smcs; Sid Dillion Wahoo $15,891.00 co; Smitty's Construction $952.00 smcs; Snap-on Tools $200.10 smcs; Solid Waste Agency $60,107.39 smcs,co; Sonnenfeld,R $293.97 smcs; Sorensen,G $790.00 smcs; Stoltenberg,E $22.43 smcs; Streeter,K $3.10 smcs; Stroh,S $27.30 smcs; Subscription Order Services $34.95 smcs; Technical Maintenance $13,830.00 co; Terrascan $12,836.46 smcs; Thome,B $35.10 smcs; Thomson Gale $118.33 smcs; Tiedman,A $17.57 smcs; Tielke Enterprise $104.89 smcs; Titelist $3,515.50 smcs; Trade Well Pallet $1,540.00 smcs; Tri-Cities $554.99 smcs; Turner Body Shop $75.00 smcs; UAP $4,813.35 smcs; Unique Management $2,267.12 smcs; Upstart $20.95 smcs; Video Service of America $985.80 smcs; Village Uniform $475.50 smcs; Visual Statement $695.00 smcs; Wang,J $22.10 smcs; Warrington,D $7.00 smcs; Watt,J $40.00 smcs; Wellman,P $14.72 smcs; Wells Fargo Equipment $250.00 co; Welter,P $136.34 smcs; Wilkins Hinrichs Stober $2,513.42 co; Wilson,K $23.74 smcs; Wilson,T $8.53 smcs; Zimmerman Printers $899.00 smcs; Zoucha,H $18.49 smcs; Payroll Ending 5-12-2007 -- $285,003.02.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set June 12, 2007 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the recommendation from the Building Official on the annual renewal of the following manufactured home court licenses until May 31, 2008: Cornhusker Mobile Home Park, 1115 Avenue C; Cottonmill Mobile Home Court, 3635 Cottonmill Avenue; East Lawn Mobile Homes Estates, 2900, 3010 Grand Avenue; L&M Mobile Home Park, 1122 Central Avenue; Merriweather Mobile Home Village, 914 West 17th Street; Northside Park, 4641 West Highway 30; Park-Wa Trailer Court, 2214 14th Avenue; Rodeo Court, 2414 West 24th Street; R-Villa East, West and South, 2424, 2719, 2803 West 24th Street; Sheen’s Mobile Home Court, 4664 West Highway 30; Valley View Mobile Home Court, 2701 Grand Avenue; Van Vleet Trailer Court, 550 30th Avenue; Villa Park, 2703 West 24th Street.

 

5.         Approve the Agreement for Purchase of Power between the City of Kearney and Dawson County Public Power District for electric power to the Northwest Well Field and approve Resolution No. 2007-90.

 

RESOLUTION NO. 2007-90

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City Manager be and is hereby authorized and directed to execute the Agreement for Purchase of Power, on behalf of the City of Kearney, Nebraska, with Dawson County Public Power District to provide three-phase power to the Northwest Well Field.  A copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve the Street Easement for Fiber Optic Cabling between the City of Kearney, Kearney Clinic and Good Samaritan Health System to connect Kearney Clinic and Good Samaritan Health Systems with the construction of a fiber optic line and approve Resolution No. 2007-91.

 

RESOLUTION NO. 2007-91

 

            WHEREAS, Kearney Clinic and Good Samaritan Health System proposed to construct a fiber optic line extending from its location on 2nd Avenue to connect Kearney Clinic with Good Samaritan Health System of Kearney; and

            WHEREAS, Kearney Clinic and Good Samaritan Health System require an easement under certain road rights-of-way that are maintained by the City of Kearney in order to construct said fiber optic system.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney hereby grants an easement to Kearney Clinic and Good Samaritan Health System for the construction and maintenance of a fiber optic line between its location on 2nd Avenue to connect Kearney Clinic with Good Samaritan Health System of Kearney.  A copy of the Street Easement for Fiber Optic Cabling, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve the Agreement submitted by the Central Nebraska Auto Club to block off Central Avenue from 25th Street to North Railroad Street, 23rd Street from 1st Avenue to Avenue A, the parking lot located west of Cunningham’s Journal, the parking lot located behind City Hall, and the parking lot located north of MONA in conjunction with Cruise Nite 2007. Also, they will conduct a parade on July 21, 2007 from 6:00 p.m. until 7:30 p.m. on Central Avenue from North Railroad Street to 27th Street and then west.

 

8.         Approve Application and Certificate for Payment No. 8 in the amount of $104,473.14 submitted by Sargent Drilling of Broken Bow, Nebraska and approved by Miller & Associates for the Northwest Well Field Phase I (Municipal Water Wells) and approve Resolution No. 2007-92.

 

RESOLUTION NO. 2007-92

 

            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. 8 in the amount of $104,473.14 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 No. 1 (4-10-2007)

+   142,586.66

Contract Sum to Date

2,506,881.66

Gross Amount Due

1,299,084.46

Retainage

120,008.45

Amount Due to Date

1,080,076.01

Less Previous Certificates for Payment

     975,602.87

Current Payment Due

 

$   104,473.14

            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. 8, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve Application and Certificate for Payment No. 2 in the amount of $104,179.35 submitted by Blessing LLC and approved by Miller & Associates for the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908) and approve Resolution No. 2007-93.

 

RESOLUTION NO. 2007-93

 

            WHEREAS, Blessing LLC of Kearney, Nebraska has performed services in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908), and the City's engineer, Miller & Associates, have filed with the City Clerk Change Application and Certificate for Payment No. 2 in the amount of $104,179.35 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,977,660.96

Contract Sum to Date

1,977,660.96

Gross Amount Due

259,239.74

Retainage

25,923.97

Amount Due to Date

233,315.77

Less Previous Certificates for Payment

    129,136.42

Current Payment Due

 

$  104,179.35

            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. 2, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve Application and Certificate for Payment No. 2 in the amount of $225,057.06 submitted by Paulsen, Inc. and approved by Miller & Associates for the 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 and approve Resolution No. 2007-94.

 

RESOLUTION NO. 2007-94

 

            WHEREAS, Paulsen, Inc. of Cozad, Nebraska has performed services in connection with the 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, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Application and Certificate for Payment No. 2 in the amount of $225,057.06 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$394,949.50

Contract Sum to Date

394,949.50

Gross Amount Due

375,765.60

Retainage

37,576.56

Amount Due to Date

338,189.04

Less Previous Certificates for Payment

    113,131.98

Current Payment Due

 

$ 225,057.06

            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. 2, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve Application and Certificate for Payment No. 3 in the amount of $4,612.50 submitted by Blessing, LLC and approved by Miller & Associates for the 2006 Part V Improvements – Bid B consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates and approve Resolution No. 2007-95.

 

RESOLUTION NO. 2007-95

 

WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2006 Part V Improvements – Bid B consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $4,612.50 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$290,138.00

            Change Order No. 1 (3-27-2007)

 +  10,884.84

Contract Sum To Date

301,022.84

Gross Amount Due

131,591.84

Retainage

13,159.18

Amount Due to Date

118,432.66

Less Previous Certificates for Payment

  113,820.16

Current Payment Due

$    4,612.50

 

            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. 3, as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve Application and Certificate for Payment No. 3 in the amount of $52,977.60 submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2006 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2006-913 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows and approve Resolution No. 2007-96.

 

RESOLUTION NO. 2007-96

 

WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2006 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2006-913 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $52,977.60 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$207,128.00

            Change Order – None

             .00

Contract Sum To Date

207,128.00

Gross Amount Due

144,426.00

Retainage

14,442.60

Amount Due to Date

129,983.40

Less Previous Certificates for Payment

   77,005.80

Current Payment Due

$52,977.60

 

            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. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

13.        Confirm the City Manager’s appointments to the Building Advisory Board: Stephen Beall, Paul Brungardt, Randy Purdy, Sam Reinke, Wes Seals, Tim Sorensen, Jeff Waggoner, and Betty Warren.

 

14.        Approve the Plans and Specifications for the construction of the 2007 Part III Improvements consisting Paving Improvement District No. 2007-914 for 16th Street from Avenue M east a distance of 747± feet; Water District No. 2007-547 for 16th Street from Avenue M east a distance of 747± feet; Sewer District No. 2007-489 for 16th Street from Avenue M east a distance of 747± feet; 5th Avenue Water Main Replacement; Avenue C Railroad Crossing and set the bid opening date for June 19, 2007 at 2:00 p.m.

 

15.        Approve the application for a Special Designated License submitted by ALLEY ROSE OF KEARNEY INC., dba “Alley Rose” in connection with their Class IK-21763 liquor license to dispense beer and wine in the Great Platte River Road Archway, 3060 East 1st Street on June 22, 2007 from 6:30 p.m. until 10:30 a.m. for a reception.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7356 – CREATE WATER CONNECTION DISTRICT 2007-1

 

Director of Utilities Kirk Stocker presented this matter to the Council. State statutes authorize the City to create connection districts within the City limits and one mile beyond the City limits.  The current City limits are located at about 48th Street and 30th Avenue. Water connection districts are different than water improvement districts because assessments are not levied, annual payments are not required, interest does not accrue and an assessment is not a lien on the property.  The only process is that the Council must approve a connection fee.  The connection fee is not due until such time as the property connects to the water main.

 

One letter was received from a property owner who was concerned about the connection fee and the requirement to connect.  At the present time, all of this property is outside the City limits so they would not be required to connect to the water main until they were inside the City limits and wanting to connect. 

 

City Manager Michael Morgan asked the Director of Utilities to further clarify the City’s policy, although the State law would require connection immediately, the City does not require connection unless it is for a habitable structure, such as a new home.

 

Director of Utilities stated that City Code states that every premise inside the City limits has to connect where the water or sanitary sewer is within 300 feet.  Upon annexation, the City does not require that everybody within the annexed area immediately connect and pay the connection fees. The process is to wait for development or new construction to trigger a Code compliance review.  A new habitable premise would require that it be connected to City water and sewer if available within 300 feet of their property. 

 

City Manager stated that the City has not forced annexation in recent years and it is not correct that adding a garage would trigger this. There has been a concern about properties that get annexed that have a very long piece of frontage as this one is. The City has taken a position to balance that out by charging only what a normal residential fee would be.  This would only be in the event that connection would occur, which is not likely.  In the event that someone has an 800 foot frontage and is a farm house on a long piece of property, the City does not charge for the 800 feet.  Director of Utilities added that what the City charges for is recorded and the remaining frontage is due and payable when it develops (if it does). 

 

Director of Utilities stated that the reason they want to create a connection district is the City can determine a defensible connection fee that is established at the time of construction.  What they want to avoid is to not create the district and then try to charge someone ten years later and wonder what the actual costs were. 

 

City Manager stated the fees for the connection district are fixed at today’s dollars. The fees are not adjusted for inflation.  It is possible that connection fees are paid 20 years later that would never be adjusted in some cases.  Director of Utilities stated that the sewer in this district is located in the center of Section 27 and it follows the waterway to 56th Street and goes east from there.   This is the reason that they do not anticipate this area will be annexed even in the distant future because of the difficulty in serving the area with sanitary sewer.  The sanitary sewer to serve this area would have to come from some distance by gravity means.  There are plenty of developable lots closer to the sewer right now. 

 

Council member Lammers asked what an average charge would be for an average lot.  Director of Utilities stated that in the past they look at the house and detached buildings on the property and the width of the development as it abuts the frontage and allow for 10-15 feet on each side and say that 150 feet has been paid.  They keep track by using a connection fee schedule, which lists the description of the properties showing what footage has been paid and what remainder has not paid.  In town, 150 foot frontage assessment for water would approximately be $20-$25 per foot.  Since this is rural, 150 foot probably would be approximately $30 per foot which would be $3,000-$4,000. 

 

Director of Utilities further stated that another reason they want to create this connection district is they have had some interest from people in that area, who are thinking about connecting.  They are not building it for development purposes, but to convey water from the well field to the City.  At the same time, if they choose to allow people to connect, they want to have a connection fee established.  This would recover some of those costs since it is going right in front of these properties.  The City will use 24 and 30 inch diameter water mains and the connection fees are based on constructing 8-inch pipe because that is all that property would need. 

 

Mayor Clouse clarified that a building permit would provide a check list but not trigger a connection.  Connection would only apply to the building of a new habitable premise.

 

Council Member Buschkoetter introduced Ordinance No. 7356, being Subsection 1 of Agenda Item VI to create Water Connection District No. 2007-1 for 56th Street from 30th Avenue west a distance of 4,410.1 feet, 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, Buschkoetter, Lear, Lammers, Kearney. 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. 7356 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Kearney that Ordinance No. 7356 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7356 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.

 

PLANS FOR NORTHWEST WELL FIELD WATER TRANSMISSION MAIN

 

Mayor Clouse opened for discussion the Plans and Specifications for the Northwest Well Field Phase II (Water Transmission Main) and Water Connection District No. 2007-1 for 56th Street from 30th Avenue west a distance of 4,410.1 feet and set the bid opening date of June 26, 2007 at 2:00 p.m.

 

Director of Utilities Kirk Stocker presented this matter to the Council. At the September 12, 2006 Council meeting the Council awarded the bid for the Northwest Well Field Phase I, Municipal Water Wells to Sargent Drilling of Broken Bow, Nebraska.

 

The City is now ready to advertise for bids for the Northwest Well Field Phase II, Water Transmission Main including Water Connection District 2007-1. The water transmission main will be a 24-inch diameter ductile iron water main constructed from 30th Avenue west on the south side of 56th Street to approximately 1,200 feet west of 46th Avenue where it will cross to the north side of the road.  The transmission main will continue west on the north side of 56th Street to Dove Hill Road.  From Dove Hill Road the transmission main will be a 30-inch diameter ductile pipe iron water main and will be constructed on the south side of 56th Street to the minimum maintenance road located on the east side of the well field, then in the minimum maintenance road right-of-way, north into the well field.  The water main on the well field site will be various sizes.

 

A third project, Phase III, will be required to fully utilize the Northwest Well Field.  The Phase III work will include a Water Conditioning Building, to be located at the southwest corner of the landfill property, and an upgrade of the existing Supervisory Control and Data Acquisition (SCADA) control system.

 

The City’s engineer estimated the cost to construct the transmission main ranging from $4,000,000 to $6,000,000 with a March 20, 2008 contract completion date.

 

Moved by Kearney seconded by Lammers to approve the Plans and Specifications for the Northwest Well Field Phase II (Water Transmission Main) and Water Connection District No. 2007-1 for 56th Street from 30th Avenue west a distance of 4,410.1 feet and set the bid opening date of June 26, 2007 at 2:00 p.m. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

PLANS FOR 56TH STREET AND AVENUE N INTERSECTION IMPROVEMENTS

 

Mayor Clouse opened for discussion the Plans and Specifications for the 56th Street and Avenue N Intersection Improvement Project and set the bid opening date for June 14, 2007 at 2:00 p.m.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. The City is ready to advertise and receive bids for the construction of the traffic signal at the intersection of 56th Street and Avenue N.  The City’s engineer, Iteris, is requesting approval of the plans and specifications and to set the bid opening date for June 14, 2007 at 2:00 p.m. The Engineer’s Opinion of Probable Construction Cost ranges between $50,000 and $150,000 for the construction of the signal.

 

Moved by Lammers seconded by Lear to approve the Plans and Specifications for the 56th Street and Avenue N Intersection Improvement Project and set the bid opening date for June 14, 2007 at 2:00 p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

PLANS FOR KVFD STATION 1 IMPROVEMENTS

 

Mayor Clouse opened for discussion the Plans and Specifications for the Kearney Volunteer Fire Department Station 1 Improvements Project and set the bid opening date for June 14, 2007 at 2:00 p.m.

 

Fire Administrator Ken Tracy presented this matter to the Council. Fire Station 1 has been functioning in its current location since a remodeling project was completed in 1972 following the structure's unfortunate fire in 1969.  Back then the building was occupied by the United Methodist Church.  With the growing needs of Kearney, the Fire Department's needs have expanded as well.  The residence located directly north of Station 1 was purchased and demolished allowing room for expansion.  The original plans for expansion included an 840-square foot addition to the west side of the building which would have included an elevator, two offices and an enlarged lobby providing enhanced security.  Engineering estimates came in too high and the department chose to re-evaluate the project and make necessary modifications, with the best interest to the tax payers, and still accomplish the department’s needs.

 

In order to accomplish needed improvements, the department proposes: 1) 9,000 square feet of paving to provide additional parking on the north side of the building, 2) the construction of a 1,310-square foot metal storage building to house trailers and miscellaneous equipment, and 3) façade renovation in the area surrounding the overhead doors and the front entrance to the existing building.

 

Wilkins Hinrichs Stober Architects have been awarded the bid for architectural and engineering services for this project.  Plans have been drawn up and have been approved by the fire department building improvement committee taking space, availability and financial considerations into account.

 

Moved by Lear seconded by Buschkoetter to approve the Plans and Specifications for the Kearney Volunteer Fire Department Station 1 Improvements Project and set the bid opening date for June 14, 2007 at 2:00 p.m. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS: NPPD - $55,433.67, PLATTE VALLEY STATE BANK - $40,429.22, SCHOOL DISTRICT #7 - $7,675.35

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $40,429.22 payable to Platte Valley State Bank and in the amount of $55,433.67 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Lammers, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Clouse seconded by Kearney that Open Account Claims in the amount of $7,675.35 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Kearney, Lear. Nay: None. Buschkoetter and Lammers abstained. Motion carried.

 

VII.    REPORTS

 

SAFE ROUTES TO SCHOOL GRANT 

 

Assistant to City Manager Amber Brown stated that Kearney has been awarded the “Safe Routes to School” grant program from the Department of Roads.  Kearney was the top project and was awarded the highest in the State in the amount of $250,000.00.  This funding is to be used to make sure that kids can walk or bike to school which will increase physical activity and to make sure those routes are accessible.

 

In looking at the Kearney schools, they saw that Kenwood School had over 60 blocks of sidewalk gaps. 11th Street is the main arterial and 5th Avenue and 16th Street intersect the school, which are major collectors.  These traffic ways were found to be somewhat dangerous because of the speed and volume of the traffic.  There are commuters going to work at the same time children are going to school along with truck and business vehicles. There are also three unidentified pedestrian crossings in the area.  Kenwood serves 247 children which are in the lower to moderate income bracket.  A report from the Walking School Bus Program indicated that 102 children walk to school, 12 ride bikes and 146 are driven by bus or car.  223 students live within 2 miles of school which is considered within walking distance.

 

The City will match the grant money with $143,000.00 of the sales tax money and $7,000.00 of in-kind services that the Police Department donated to the program.  The plan is to construct 50 blocks of sidewalk, place a digital speed reader at the intersection of 5th Avenue and 11th Street to hopefully slow the traffic.  They will put up additional traffic enforcement of two hours a day for eight weeks in the fall and eight weeks in the spring during peak walking times. With the additional $7,000.00, Police security will also be increased to ensure traffic safety. They will have two school assemblies to teach students how to cross properly and other walking and biking tips.  They will have crossing supervision for one week at the problem intersection to help children learn to cross properly.  The City will create a map to be used at the school assemblies.  Since we have open school enrollment; children attend school from other areas of the City other than where they live.  These maps will help identify the safest route to get to school.  UNK will assist in collecting data and monitoring the outcomes. 

 

UPDATE ON CAPITAL IMPROVEMENT PLAN (CIP)

 

City Manager Michael Morgan stated the flexibility they have built into the half cent sales tax is exactly what is necessary when a project like the “Safe Routes to School” grant comes up or they would not have the reserve to match these funds. 

 

The City is in the second part of the Community Development Block Grant in southeast Kearney which is going quite well.  Next year will be the final phase of that project.  It is anticipated there will be a significant amount of funds left over.  They are evaluating the potential items either in that census tract or trying to get more flexibility from the State to do them in another tract.  There will also be miscellaneous street repairs done.

 

$1.7 million has been saved for the Harmon Park project with the additional small amount of money next fiscal year; it will be completed at the end of 2007.   Dryden Park restroom will soon be done.  Both of these projects will be paid for in cash.  There will be $500,000.00 saved for the Library expansion at the end of this fiscal year.  There will be some Fire Department improvements and items they have been working on done. One of the major purchases is a large dump truck necessary for road maintenance.  All of these items will be done in this fiscal year.

 

Next year, there will be some projects that have been moved around to accomplish some goals. Council talked about taking advantage of the South 2nd infrastructure improvements.  $220,000.00 for curbs and medians have been set aside and already funded. Those costs are coming out of the street improvement fund and amending the sales tax to add $200,000.00 to pay for the relocation, landscaping and beautification of south 2nd Avenue. 

 

This will be the first year of the gravel street project and requests that have been received have already been put in order.  There are probably more requests than the $200,000.00 will be able to fund, but that will be determined after the bids are received.  These will be done as a 50/50 cost share with those property owners. 

 

Trail development has been listed, but might not be done.  Frequently the City gets grants and we need to leverage those grants as they come along.  They are trying to do ADA ramps throughout the community.  The high curb project on South Central Avenue is a 50/50 share project which has $300,000.00 set aside.

 

The State has also decided they are going to resurface and do improvements on Highway 30, but the City must fund $270,000.00, a portion of that cost to make sure that the City meets its obligation.  The State requires the City to pay them before they start the project. 

 

The other major change is they have been evaluating that the City can only handle one or two large street projects in the community. First, we need competition to get appropriate bids and people who need the work and second, the impact they have on these major thoroughfares.  Director of Public Works Rod Wiederspan stated that the State will be doing the 2nd Avenue project in 2009 and they want to ensure that 39th Street project is completed before that one begins.

 

UPDATE OF LEGISLATIVE BILLS

 

Assistant to City Manager Amber Brown stated LB 305 pertained to the distribution of certain sales tax revenue with an effective date of October 1, 2007. Sales tax revenue from leased motor vehicles will be credited to the Highway Trust Fund and Highway Allocation Fund.  Approximately $2.4 million will go to municipalities.

 

LB 564 pertains to the Recreational Liability Act with an effective date of May 17, 2007. It reinstates liability protections for state and local governments that provide recreational opportunities without a fee.  Signage must be posted at every skate park and BMX park.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 7:49 p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK