Kearney, Nebraska
May 23, 2006
7:00 p.m.
A meeting of the City Council of
Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on May
23, 2006, in the Council Chambers at City Hall. Present were: Randy
Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk;
Council Members Don Kearney and Stan Clouse. Absent: Galen Hadley and Bruce
Lear. Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber
Brown, Assistant to the City Manager; Wendell Wessels, Director of Finance and
Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in the
audience included: Bob Lammers, Marvion Reichert, Leonard Skov, Greg Barney,
Mike Konz from Kearney Hub, and Paul Wice from KGFW Radio.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council and
a copy of their acknowledgment or receipt of such notice is attached to these
minutes. Availability of the Agenda was communicated in the advance notice and
in the notice to the Mayor and City Council. All proceedings hereafter shown
were taken while the meeting was open to the attendance of the public.
I. ROUTINE
BUSINESS
INVOCATION
The Council held a moment of
silent prayer.
PLEDGE OF ALLEGIANCE
Boy Scouts Zach Seton and Zach
Keating from Troop 158 led the Council members and audience in the Pledge of
Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
LAND USE MAP AMENDMENT – 570 FEET
WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD
The public hearing on the
proposed amendment to the Land Use Map of the City of Kearney Comprehensive
Development Plan from “Agricultural Preserve” to “Rural Estates” property
described as a tract of land being part of Government Lot 4 located in Section
33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres,
more or less, of which 0.227 acres, more or less, are presently being used for
road purposes on the south side, all in Buffalo County, Nebraska (570 feet west
of the intersection of Sweetwater Avenue and Coal Chute Road) will remain on
the table until June 13, 2006. Therefore, no action was taken.
REZONING
– 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD
The public hearing on the
Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for
Bobbie G. Vogt for Vogt Family Trust (Owner) to rezone from “District AG,
Agricultural District” to “District RR-1, Rural Residential District (Rural
Standards)” property described as a tract of land being part of Government Lot
4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M.,
containing 3.099 acres, more or less, of which 0.227 acres, more or less, are
presently being used for road purposes on the south side, all in Buffalo
County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and
Coal Chute Road) will remain on the table until June 13, 2006. Therefore, no
action was taken.
FINAL PLAT – VOGT SUBDIVISION
The public hearing on the
Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for
Bobbie G. Vogt for Vogt Family Trust (Owner) for final plat approval and
Subdivision Agreement for “VOGT SUBDIVISION” a subdivision being part of
Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the
6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or
less, are presently being used for road purposes on the south side, all in
Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater
Avenue and Coal Chute Road) will remain on the table until June 13, 2006.
Therefore, no action was taken.
REZONING – WEST OF THE
INTERSECTIONS OF 67TH STREET AND AVENUE N AND 69TH STREET AND AVENUE N
The public hearing on the
Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) and
Jeffrey Sikes for TWL, LLC (Owner) to rezone from “District AG, Agricultural
District” to “District R-1, Urban Residential Single-Family District (Low
Density)” property described as a tract of land being part of the Northeast
Quarter of the Northeast Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., containing 10.62 acres, more or less, of which 0.87
acres, more or less, are presently being used for road purposes on the east
side, all in Buffalo County, Nebraska (west of the intersections of 67th Street
and Avenue N and 69th Street and Avenue N) will remain on the table until June
13, 2006. Therefore, no action was taken.
CONDITIONAL USE PERMIT – 1308 WEST 24TH STREET
The public hearing on the
Application submitted by Jeffrey Overturf for PABO, LLC (Applicant) and Bob
Wilson (Owner) for a Conditional Use Permit to construct a building for a
restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban
Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the
vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of
Block 3; and the vacated south half of 23rd Street lying immediately north of
and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and
Investment Company’s Second Addition to the City of Kearney, Buffalo County,
Nebraska (1308 West 24th Street) will remain on the table until June 13, 2006.
Therefore, no action was taken.
PROPOSED ACQUISITION OF
RIGHT-OF-WAY ON 39TH STREET EAST OF 2ND AVENUE
Vice-President Buschkoetter opened
the public hearing on the proposed acquisition for right-of-way purposes in
connection with Phase I of the 39th Street Improvement Project of the following
tracts of land and to consider approval of Resolution No. 2006-74: TRACT 1 –
NEW RIGHT-OF-WAY -- A tract of land located in the Southeast Quarter of the
Southeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows;
Referring to the southeast corner of said Section 26; thence northerly on the
east line of said Southeast Quarter of Section 26 a distance of 25 feet; thence
westerly parallel with the south line of the Southeast Quarter of said Section
26 a distance of 102.58 feet to the ACTUAL PLACE OF BEGINNING; thence with a
deflection angle to the right of 151°07' a distance of 49.6 feet; thence left
59°46' a distance of 110.67 feet; thence right 00°17' a distance of 127.57
feet; thence left 172°02'39" a distance of 72.57 feet; thence left
08°30'35" a distance of 135.98 feet; thence right 44°27' a distance of
35.69 feet to a point 55 feet north of the south line of said Southeast
Quarter; thence westerly parallel with the south line of the Southeast Quarter
of said Section 26 a distance of 345.54 feet to a point on the east line of Lot
1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo
County, Nebraska; thence southerly on the east line of said Lot 1 a distance of
15.0 feet to the southeast corner of said Lot 1; thence continuing southerly on
the afore said east line (if extended) a distance of 15.0 feet to a point 25
feet north of the south line of said Southeast Quarter; thence easterly
parallel with the south line of the Southeast Quarter of said Section 26 a
distance of 336.32 feet to the place of beginning, containing 13,038 sq. ft.
(0.3 acres), more or less; AND TRACT 2 – NEW RIGHT-OF-WAY -- A tract of land being
part of the Northeast Quarter of the Northeast Quarter of Section 35, Township
9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and part of
Lot 1, Block 3, Skyline Drive Subdivision, a subdivision in the City of
Kearney, Buffalo County, Nebraska, more particularly described as follows;
Referring to the northeast corner of the Northeast Quarter of said Section 35;
thence westerly on the north line of said Northeast Quarter a distance of 80
feet; thence southerly parallel with the east line of the Northeast Quarter a
distance of 25.6 feet to the ACTUAL POINT OF BEGINNING, said point being on the
south right-of-way line of 39th Street, a street in the City of Kearney,
Buffalo County, Nebraska; thence northwesterly on the south right-of-way line
of said 39th Street a distance of 110.0 feet to a point on the east line of Lot
1, Block 3, Skyline Drive Subdivision, (if extended northerly); thence
southerly 1.7 feet to the northeast corner of said Lot 1, Block 3; thence
westerly on the north line of said Lot 1 to the northwest corner of said Lot 1;
thence southerly on the west line of said Lot 1 a distance of 14.08 feet;
thence deflecting left 83°10' a distance of 16.09 feet to a point 41.0 feet
southerly of and perpendicular to the north line of the Northeast Quarter;
thence easterly 41.0 feet southerly of and parallel with the said north line a
distance of 185.4 feet; thence deflecting right 35°28'27" a distance of
43.06 feet to a point on the west line of a tract of land deeded to the State
of Nebraska and presently being used for highway purposes; thence northerly on
said west line a distance of 25.17 feet; thence deflecting left 58°14' and
continuing on said west line a distance of 28.23 feet to the point of
beginning, containing 4,092 sq. ft. (0.09 acres), more or less; AND TRACT 3 –
NEW RIGHT-OF-WAY -- A tract of land described as being part of Lot 2 and part
of the East 2.5 feet of Lot 3, Block 3, Skyline Drive Subdivision, a
subdivision in the City of Kearney, Buffalo County, Nebraska, and all being
more particularly described as follows: Beginning at the northeast corner of
Lot 2, Block 3; thence west on the north line of Lot 2 and Lot 3 a distance of
83.5 feet to a point 2.5 feet west of the northeast corner of Lot 3; thence
southerly 4.05 feet parallel with the east line of said Lot 3; thence
deflecting left 83°13' a distance of 84.1 feet to a point on the east line of
said Lot 2, said point being 14.08 feet south of the northeast corner of said
Lot 2; thence northerly 14.08 feet to the point of beginning, containing 758
sq. ft. (0.02 acres), more or less; AND TRACT 4 – NEW RIGHT-OF-WAY -- A tract
of land being the south 10.0 feet of Lot 1, Block 1, Windsor Estates Fourth
Addition, an addition to the City of Kearney, Buffalo County, Nebraska,
containing 2,085 sq. ft. (0.05 acres), more or less; AND TRACT 5 – NEW
RIGHT-OF-WAY -- A tract of land being the south 10.0 feet of Lot 1, Windsor
Estates Ninth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska, containing 1,100 sq. ft. (0.03 acres), more or less; AND TRACT 6 –
NEW RIGHT-OF-WAY -- A tract of land being the south 5.0 feet of Lot 2, Windsor
Estates Eighth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska, containing 1,085 sq. ft. (0.02 acres), more or less; AND TRACT 7 –
NEW RIGHT-OF-WAY -- A tract of land being the south 5.0 feet of Lot 3, Windsor
Estates Eighth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska, containing 1,350 sq. ft. (0.03 acres), more or less.
Director of Public Works Rod
Wiederspan presented this matter to the Council. At the April 11, 2006 City Council meeting, the City Council approved
the plans and specifications for 2006 Part I Improvements – Phase I which
consists of Paving Improvement District No. 2006-908 for 39th Street from 2nd
Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth
Addition. At the May 9, 2006 City Council meeting the City Council approved
the bids and awarded the contract for construction to Blessing, LLC.
On
March 23, 2006 letters were sent to all property owners that abut this
project and we reviewed the plans with the property owners that attended the
meeting. Appraisals were completed for
each parcel by Trans-American Appraisal. On May 2, 2006 offers to acquire
the parcels along with a copy of the appraisals were mailed to property
owners. Staff set aside the day of May 10, 2006 to meet with property owner
concerning these offers. Due to the timeline necessary to complete this
project, parcels that do not have an agreement in place with the City of Kearney need to progress to the condemnation stage in order for the project to stay on
schedule.
Seven
tracts of land will be required for the construction of the project. Five
tracts are required on the north side of 39th Street due to the addition of a
common left turn lane. Two tracts are required on the south side of 39th Street due to the addition of a right turn lane as recommended by our city wide
transportation study.
Several property owners
have agreed to sell the property at the appraised value. Some property owners
have agreed to allow the City of Kearney to begin construction on their
property while continuing to negotiate the right-of-way acquisition with the
City of Kearney. For those property owners who do not fall into one of the
previously listed categories or cannot come to an amenable solution, City staff
is requesting Council direct the City Attorney to proceed with condemnation.
Section 18-1775 of the
Nebraska Revised Statute requires that a City of the first class acquiring an
interest in real property shall do so only after the governing body has
authorized the acquisition by action taken in a public meeting after notice and
a public hearing.
There are five tracts on
the north side of 39th Street and two on the south side that are being acquired.
Four of these property owners have signed the deeds. The other three had
questions on the type of deed that the City is going to use and the impact on
their businesses. City staff has been working with those property owners to
try to answer their questions as quickly and efficiently as possible. All
seven businesses have indicated that this is a good project and are in favor of
it. The property owners are in the process of granting permission for the City
to proceed with the project.
If these property owners do
not agree with the price, they have agreed that the City would go through a
condemnation process in order to set that price. The court provides this
option to the City if owners do not agree with the price offered for their
tract. The property has been appraised and a price determined based on the
appraisal. The City is hoping that an agreement can be reached without using
that option. They all agree that there is a value to that property. The City
has had it appraised by a licensed appraiser who determined a price. If the
property owner does not agree with that price, there is another mechanism in
place. Through the court system three appraisers are appointed and they get together
and set the price which could be higher or lower than the original offer.
Director of Public Works
stated that this is only the first phase of the 39th Street project from 2nd Avenue to 6th Avenue. The intersection work and the future work to the east will be
done at a later date and the property owners affected by those phases will be
invited to attend other public hearings. The contractor is anticipating that
he will start construction on the first phase on May 30th. They will be
setting up barrels and shifting traffic at that time. All the businesses
directly affected along 39th Street have been invited to a meeting scheduled
for May 24, 2006 at 4:30 p.m. in the Council Chambers to discuss the lane
changes and beginning of construction. NPPD and one of the gas companies have
already begun relocating some of their utilities. The businesses that have not
signed agreements stated that they agree with the project and do not want to
hold up progress and gave the go ahead to get started and will work out the
issues later.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by Clouse
to close the hearing and approve the proposed acquisition for right-of-way
purposes in connection with Phase I of the 39th Street Improvement Project of
the following tracts of land and approve Resolution No. 2006-74: TRACT 1 – NEW
RIGHT-OF-WAY -- A tract of land located in the Southeast Quarter of the
Southeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows;
Referring to the southeast corner of said Section 26; thence northerly on the
east line of said Southeast Quarter of Section 26 a distance of 25 feet; thence
westerly parallel with the south line of the Southeast Quarter of said Section
26 a distance of 102.58 feet to the ACTUAL PLACE OF BEGINNING; thence with a
deflection angle to the right of 151°07' a distance of 49.6 feet; thence left
59°46' a distance of 110.67 feet; thence right 00°17' a distance of 127.57
feet; thence left 172°02'39" a distance of 72.57 feet; thence left
08°30'35" a distance of 135.98 feet; thence right 44°27' a distance of
35.69 feet to a point 55 feet north of the south line of said Southeast
Quarter; thence westerly parallel with the south line of the Southeast Quarter
of said Section 26 a distance of 345.54 feet to a point on the east line of Lot
1, Windsor Estates Ninth Addition, an addition to the City of Kearney, Buffalo
County, Nebraska; thence southerly on the east line of said Lot 1 a distance of
15.0 feet to the southeast corner of said Lot 1; thence continuing southerly on
the afore said east line (if extended) a distance of 15.0 feet to a point 25
feet north of the south line of said Southeast Quarter; thence easterly
parallel with the south line of the Southeast Quarter of said Section 26 a
distance of 336.32 feet to the place of beginning, containing 13,038 sq. ft.
(0.3 acres), more or less; AND TRACT 2 – NEW RIGHT-OF-WAY -- A tract of land
being part of the Northeast Quarter of the Northeast Quarter of Section 35,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and
part of Lot 1, Block 3, Skyline Drive Subdivision, a subdivision in the City of
Kearney, Buffalo County, Nebraska, more particularly described as follows;
Referring to the northeast corner of the Northeast Quarter of said Section 35;
thence westerly on the north line of said Northeast Quarter a distance of 80
feet; thence southerly parallel with the east line of the Northeast Quarter a
distance of 25.6 feet to the ACTUAL POINT OF BEGINNING, said point being on the
south right-of-way line of 39th Street, a street in the City of Kearney,
Buffalo County, Nebraska; thence northwesterly on the south right-of-way line
of said 39th Street a distance of 110.0 feet to a point on the east line of Lot
1, Block 3, Skyline Drive Subdivision, (if extended northerly); thence
southerly 1.7 feet to the northeast corner of said Lot 1, Block 3; thence
westerly on the north line of said Lot 1 to the northwest corner of said Lot 1;
thence southerly on the west line of said Lot 1 a distance of 14.08 feet;
thence deflecting left 83°10' a distance of 16.09 feet to a point 41.0 feet
southerly of and perpendicular to the north line of the Northeast Quarter;
thence easterly 41.0 feet southerly of and parallel with the said north line a
distance of 185.4 feet; thence deflecting right 35°28'27" a distance of
43.06 feet to a point on the west line of a tract of land deeded to the State
of Nebraska and presently being used for highway purposes; thence northerly on
said west line a distance of 25.17 feet; thence deflecting left 58°14' and
continuing on said west line a distance of 28.23 feet to the point of
beginning, containing 4,092 sq. ft. (0.09 acres), more or less; AND TRACT 3 –
NEW RIGHT-OF-WAY -- A tract of land described as being part of Lot 2 and part
of the East 2.5 feet of Lot 3, Block 3, Skyline Drive Subdivision, a
subdivision in the City of Kearney, Buffalo County, Nebraska, and all being
more particularly described as follows: Beginning at the northeast corner of
Lot 2, Block 3; thence west on the north line of Lot 2 and Lot 3 a distance of
83.5 feet to a point 2.5 feet west of the northeast corner of Lot 3; thence
southerly 4.05 feet parallel with the east line of said Lot 3; thence
deflecting left 83°13' a distance of 84.1 feet to a point on the east line of
said Lot 2, said point being 14.08 feet south of the northeast corner of said
Lot 2; thence northerly 14.08 feet to the point of beginning, containing 758
sq. ft. (0.02 acres), more or less; AND TRACT 4 – NEW RIGHT-OF-WAY -- A tract
of land being the south 10.0 feet of Lot 1, Block 1, Windsor Estates Fourth
Addition, an addition to the City of Kearney, Buffalo County, Nebraska,
containing 2,085 sq. ft. (0.05 acres), more or less; AND TRACT 5 – NEW
RIGHT-OF-WAY -- A tract of land being the south 10.0 feet of Lot 1, Windsor
Estates Ninth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska, containing 1,100 sq. ft. (0.03 acres), more or less; AND TRACT 6 –
NEW RIGHT-OF-WAY -- A tract of land being the south 5.0 feet of Lot 2, Windsor
Estates Eighth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska, containing 1,085 sq. ft. (0.02 acres), more or less; AND TRACT 7 –
NEW RIGHT-OF-WAY -- A tract of land being the south 5.0 feet of Lot 3, Windsor
Estates Eighth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska, containing 1,350 sq. ft. (0.03 acres), more or less. Roll call
resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Hadley and
Lear absent. Motion carried.
RESOLUTION NO.
2006-74
WHEREAS, Section
18-1755, R.R.S., authorizes a city acquiring an interest in real property by
purchase or eminent domain to do so only after the City Council has authorized
the acquisition by action taken in a public meeting after notice and public
hearing; and
WHEREAS, the City
Council has held a public hearing upon the proposed acquisition for roadway
purposes for Phase I of the 39th Street Improvement Project; and
WHEREAS, the City
Council of the City of Kearney, Nebraska has determined the necessity of
acquiring fee simple title for roadway purposes, including any mortgage and
leasehold interests on the following tracts of property:
TRACT 1 – New Right-of-Way
A tract of land located in the Southeast Quarter of the
Southeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows;
Referring to the southeast corner of said Section 26; thence northerly on the
east line of said Southeast Quarter of Section 26 a distance of 25 feet; thence
westerly parallel with the south line of the Southeast Quarter of said Section
26 a distance of 102.58 feet to the ACTUAL PLACE OF BEGINNING; thence with a
deflection angle to the right of 151°07' a distance of 49.6 feet; thence left
59°46' a distance of 110.67 feet; thence right 00°17' a distance of 127.57
feet; thence left 172°02'39" a distance of 72.57 feet; thence left 08°30'35"
a distance of 135.98 feet; thence right 44°27' a distance of 35.69 feet to a
point 55 feet north of the south line of said Southeast Quarter; thence
westerly parallel with the south line of the Southeast Quarter of said Section
26 a distance of 345.54 feet to a point on the east line of Lot 1, Windsor
Estates Ninth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska; thence southerly on the east line of said Lot 1 a distance of 15.0
feet to the southeast corner of said Lot 1; thence continuing southerly on the
afore said east line (if extended) a distance of 15.0 feet to a point 25 feet
north of the south line of said Southeast Quarter; thence easterly parallel
with the south line of the Southeast Quarter of said Section 26 a distance of 336.32
feet to the place of beginning, containing 13,038 sq. ft. (0.3 acres), more or
less, Buffalo County, Nebraska.
TRACT 2 – New Right-of-Way
A tract of land being part of the Northeast Quarter of the
Northeast Quarter of Section 35, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, and part of Lot 1, Block 3, Skyline Drive
Subdivision, a subdivision in the City of Kearney, Buffalo County, Nebraska,
more particularly described as follows; Referring to the northeast corner of the
Northeast Quarter of said Section 35; thence westerly on the north line of said
Northeast Quarter a distance of 80 feet; thence southerly parallel with the
east line of the Northeast Quarter a distance of 25.6 feet to the ACTUAL POINT
OF BEGINNING, said point being on the south right-of-way line of 39th Street, a
street in the City of Kearney, Buffalo County, Nebraska; thence northwesterly
on the south right-of-way line of said 39th Street a distance of 110.0 feet to
a point on the east line of Lot 1, Block 3, Skyline Drive Subdivision, (if
extended northerly); thence southerly 1.7 feet to the northeast corner of said
Lot 1, Block 3; thence westerly on the north line of said Lot 1 to the
northwest corner of said Lot 1; thence southerly on the west line of said Lot 1
a distance of 14.08 feet; thence deflecting left 83°10' a distance of 16.09
feet to a point 41.0 feet southerly of and perpendicular to the north line of
the Northeast Quarter; thence easterly 41.0 feet southerly of and parallel with
the said north line a distance of 185.4 feet; thence deflecting right
35°28'27" a distance of 43.06 feet to a point on the west line of a tract
of land deeded to the State of Nebraska and presently being used for highway
purposes; thence northerly on said west line a distance of 25.17 feet; thence
deflecting left 58°14' and continuing on said west line a distance of 28.23
feet to the point of beginning, containing 4,092 sq. ft. (0.09 acres), more or
less, Buffalo County, Nebraska.
TRACT 3 – New Right-of-Way
A tract of land described as being part of Lot 2 and part of
the East 2.5 feet of Lot 3, Block 3, Skyline Drive Subdivision, a subdivision
in the City of Kearney, Buffalo County, Nebraska, and all being more
particularly described as follows: Beginning at the northeast corner of Lot 2,
Block 3; thence west on the north line of Lot 2 and Lot 3 a distance of 83.5
feet to a point 2.5 feet west of the northeast corner of Lot 3; thence
southerly 4.05 feet parallel with the east line of said Lot 3; thence
deflecting left 83°13' a distance of 84.1 feet to a point on the east line of
said Lot 2, said point being 14.08 feet south of the northeast corner of said
Lot 2; thence northerly 14.08 feet to the point of beginning, containing 758
sq. ft. (0.02 acres), more or less, Buffalo County, Nebraska.
TRACT 4 – New Right-of-Way
A tract of land being the south 10.0 feet of Lot 1, Block 1,
Windsor Estates Fourth Addition, an addition to the City of Kearney, Buffalo
County, Nebraska, containing 2,085 sq. ft. (0.05 acres), more or less, Buffalo
County, Nebraska.
TRACT 5 – New Right-of-Way
A tract of land being the south 10.0 feet of Lot 1, Windsor
Estates Ninth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska, containing 1,100 sq. ft. (0.03 acres), more or less, Buffalo County,
Nebraska.
TRACT 6 – New Right-of-Way
A tract of land being the south 5.0 feet of Lot 2, Windsor
Estates Eighth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska, containing 1,085 sq. ft. (0.02 acres), more or less, Buffalo County,
Nebraska.
TRACT 7 – New Right-of-Way
A tract of land being the south 5.0 feet of Lot 3, Windsor
Estates Eighth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska, containing 1,350 sq. ft. (0.03 acres), more or less, Buffalo County,
Nebraska.
WHEREAS, the City
Council finds and determines that it is necessary for the public health, safety
and general interest and welfare of the citizens of Kearney that possession of
the property interests as described above be acquired as soon as possible for
the improvement of 39th Street from 2nd Avenue west to the east lot line of Lot
1, Block 1, Windsor Estates Fifth Addition.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that:
1. The City
Attorney and City Manager be, and hereby are, authorized on behalf of the City
to complete negotiations for possession of and fee simple title to the
properties set forth above, and together with the temporary construction
easements; and
2. If
the acquisition and possession of such property is not possible through
negotiations, the City Attorney be, and hereby is, directed to commence eminent
domain proceedings on behalf of the City of Kearney to obtain title,
acquisition, and possession of said property interests as soon as legally
possible.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
IV. CONSENT AGENDA
Moved by Clouse seconded by Buschkoetter
that Subsections 1 through 23 of Consent Agenda Item IV be approved. Roll call
resulted as follows: Aye: Buschkoetter, Kearney, Clouse. Nay: None. Hadley and
Lear absent. Motion carried.
1. Approve Minutes of
Regular Meeting held May 9, 2006.
2. Approve the following
Claims: AT&T $129.71 smcs; A.M. Player $1,453.82 smcs; AAA Rents $19.38
smcs; Ace Hardware $995.34 smcs,co; AD Banker Insurance $281.12 smcs; Advance
Auto Parts $34.96 smcs; Aervoe Industries $8.76 smcs; Alamar $1,655.06 smcs;
All Makes Auto Supply $18.59 smcs; Alltel $4,370.04 smcs; Amazon $3,302.14
smcs; Ambrose Video Publishing $315.44 smcs; Amer Backflow $35.66 smcs; Amer
Electric $630.07 smcs; Anderson Ford $52,940.00 co; Anderson,S $198.94 smcs;
APA Memberships $422.00 smcs; Apple Market $21.43 smcs; Argo Int'l $824.50
smcs; Arrow Seed $1,551.75 smcs; Ask Supply $241.50 smcs; Auto Glass Center
$230.81 smcs; B&B Auto Glass $372.55 co; Baker & Taylor $2,154.78 smcs;
BBC Audiobooks $278.88 smcs; BBQ Parts $45.43 smcs; Becker,J $32.00 smcs; Big
Flag $2,534.50 smcs; Bluecross Blueshield $44,273.01 smcs; Bobs Super Store
$29.39 smcs,ps; Boogarts $9.06 smcs; Bosselman $20,105.99 smcs; Bound to Stay
Books $3,034.72 smcs; Bradshaw,L $9.07 smcs; Broadfoot's $531.03 smcs; Brodart
$98.60 smcs; Brown Transfer $25.00 smcs; Bruce's Body Shop $841.60 smcs; Buckle
$354.00 smcs; Buggy Bath Car $8.50 smcs; Builder Warehouse $4,123.74 smcs,co;
Buller Fixture $15.26 smcs; Burns,R $1,097.50 smcs; Caseys General Store $56.38
smcs; Cash-Wa $2,396.65 smcs; CBA Lighting $331.00 smcs; Ced Enterprises $75.75
smcs; Centaur Enterprises $225.15 smcs; Central Hydraulic $2,055.27 smcs;
Central NE Senior Golf $84.00 smcs; Certified Power $24.53 smcs; Charter
$109.98 smcs; Cheap Mower Parts $80.65 smcs; Chesterman $388.76 smcs; Christian
Books $39.46 smcs; City Glass $122.74 smcs; City of Ky $84,586.07 smcs,ps;
College Savings Plan of NE $50.00 ps; Comfort Inn $68.40 smcs; Comptuer
Warehouse #4 $74.93 smcs,co; Computer Pros $112.36 smcs; Construction Rental
$208.87 smcs; Copycat Printing $456.62 smcs; Cotent Management $158.00 smcs;
Cqpress Products $200.75 smcs; Crossroads Ford $1,101.88 smcs; Culligan $231.50
smcs; Damgaard,A $22.58 smcs; Dawson Co PPD $995.40 smcs; Dell $4,610.98
smcs,co; Depository Trust $522,415.00 ds; Dirt Works $675.00 smcs; Dobberstein
Roofing $1,348.00 smcs; Double M Farms $2,000.00 smcs; DPC Industries $5,149.30
smcs; Drill Bit City $45.35 smcs; Dutton-Lainson $1,253.23 smcs,co; Eakes
$2,155.73 smcs,co; Educational Record $804.23 smcs; Engels,D $106.30 smcs;
Excess Solutions $37.03 smcs; Fairbanks Int'l $1,896.48 smcs,co; Farmers Union
Coop $24.00 smcs; Fastenal $700.43 smcs; Fedex $24.92 smcs; Flynn,B $20.00
smcs; Frontier $8,060.37 smcs; Frontierair $964.20 smcs; Full Tilt Management
$2,700.00 smcs; GA Industries $608.45 smcs; Galeton Gloves $1,664.05 smcs;
Garrett Tires $3,764.22 smcs; Gary's I-80 $175.00 smcs; Garza,M $100.00 smcs;
Gealy's Greenhouse $43.85 smcs; Gee Asphalt Systems $95.00 smcs; Golfsmith
Int'l $344.20 smcs; Gordon's Small Engine $289.99 co; Graham Tire $90.11 smcs;
Great Plains One Call $390.77 smcs; Great Plains Safety $1,480.00 smcs; Grint,K
$277.34 smcs; Gronewoller,S $50.97 smcs; H&H Distributing $1,668.40 smcs;
Hach Co $418.90 smcs; Hallmarkcom $291.66 smcs; Heartland Marketing $169.59
smcs; Hobby-Lobby $152.64 smcs; Holmes Plumbing $1,429.25 smcs,co; Hydrologic
$175.00 smcs; ICMA RC $2,660.10 ps; IMLA $625.00 smcs; Infinisource $149.00
smcs; Intellicom $386.00 co; IRS $87,138.31 ps; Int'l Public $746.51 smcs; Isle
of Capri Bettendo $80.64 smcs; Jack Lederman $909.93 smcs; Johnson Hardware
$446.00 smcs; Johnstone Supply $4.20 smcs; Just Blinds $326.00 smcs; K&K
Parts $180.77 smcs; Kansas Truck Center $97.72 smcs; Ky Clinic $35.00 smcs; Ky
Concrete $5,999.84 smcs,co; Ky Crete & Block $448.56 smcs,co; Ky Hub
$542.85 smcs; Ky Humane Society $65.00 smcs; Ky Implement $1,559.94 smcs; Ky
Towing $80.00 smcs; Ky Visitors Bureau $9,624.58 smcs; Ky Warehouse $273.83
smcs; Ky Winnelson $32.24 smcs; Ky Yamaha $376.59 smcs; Keefover,B $5.80 smcs;
Kelly Supply $1,254.40 smcs; Kess,O $25.54 smcs; Kidwell $304.00 co; Kirkham
Michael $34,198.42 co; Knect,A $3.34 smcs; Koetters,J $27.00 smcs; Kooyman,R
$200.00 ps; Labsafe $70.29 smcs; Lampes Clean Air $478.84 smcs; Landmark
Audiobooks $10.00 smcs; Laughlin,K $360.00 ps; Lewis,N $565.15 smcs; Library
Sparks $109.95 smcs; Lincoln Tent $1,184.00 smcs; Lincoln Truck Center $581.45
smcs; Linweld $169.06 smcs; Lockmobile $88.00 smcs; Logan Contractors $226.50
smcs; Love's Country $34.10 smcs; Lynaugh,J $100.30 smcs; M.E. Sharpe $997.00
smcs; Magic Cleaning $2,950.00 smcs; Mail Express $174.12 smcs; Mallack,J $4.73
smcs; Marlatt Machine Shop $152.88 smcs; Maryland Screen Printer $625.20 smcs;
Mattley Advertising $285.00 smcs; McAtee,J $10.83 smcs; McCarty,D $7.47 smcs;
Meadowbrook Insurance $2,110.00 smcs; Menards $1,885.05 smcs,co; Meteorlogix
$567.00 smcs; MGS Tech $23.31 co; Michael Todd $666.75 smcs; Mid America Sales
$1,318.68 smcs; Midwest Radar $425.00 smcs; Midwest Turf $44.44 smcs; Miller
& Associates $522.50 smcs; Misko Sports $14.97 smcs; Mollring,M $14.60
smcs; Morhain,L $9.38 smcs; Mosbarger,B $200.00 ps; Mr Automotive $1,995.37
smcs; MSC Industrial Supply $139.43 smcs; Mueller,B $4.35 smcs; N. Central
Laboratories $552.52 smcs; NAAO $275.00 smcs; Napa All Makes $1,199.52 smcs;
NWWA $1,587.94 smcs; NE Child Support $2,168.92 ps; NE Plastics $4,345.38 smcs;
NE Wine & Spirits $33.80 smcs; NEland Distributors $1,140.00 smcs; New
Radio Group $499.00 smcs; Nogg Chemical $1,026.42 smcs; Northgate Veterinary
$91.00 smcs; Northstar Audiobooks $24.00 smcs; Northwest Electric $140.99 smcs;
Northwestern Energy $5,461.64 smcs; NRPA $302.00 smcs; NSVFA Fire School
$150.00 smcs; Office Depot $32.60 smcs; Office Max $589.35 smcs,co; Officenet
$66.00 smcs; OMB Police Supply $339.99 smcs; O'Reilly $374.97 smcs; Orr,L
$100.00 smcs; Orscheln $1,559.13 smcs,so; Osborn,T $31.25 smcs; Pahl,M $6.95
smcs; Paramount Linen $447.14 smcs; Patterson,B $170.29 smcs; Paul A. Otto Curb
Grinding $90.00 co; PBD Ala-Graph $267.30 smcs; Penworthy Co $2,221.73 smcs;
PEP $51.10 smcs; Pepsi-Cola $1,425.00 smcs; Peterson,A $18.65 smcs; Peterson,B
$26.83 smcs; Peterson,J $14.88 smcs; Pilington,R $26.53 smcs; Platte Valley
Comm $4,019.71 smcs,co; POS/PBS/SOS $34.95 smcs; Presto-X $50.00 smcs; Price's
Tree Service $315.00 smcs; QT 579 $25.76 smcs; Quick N Easy $60.60 smcs; Quill
$402.44 smcs; Radio Shack $62.97 smcs,co; Rainbow Group $161.02 smcs; Random
House $398.80 smcs; Ready-Mixed Concrete $2,878.88 smcs,co; Reams Sprinkler
$183.16 smcs; Recognition Unlimited $31.35 smcs; Recorded Books $102.00 smcs;
Red Willow Co $1,760.00 smcs; Reining,N $4.19 smcs; Remboldt Ludtke &
Berger $185.00 smcs; Republic Beverage $216.14 smcs; Respond First Aid $90.95
smcs; Revere $1,036.00 smcs; Riverside Mfg $149.80 smcs; Romar Pest Control
$110.00 smcs; Roper,I $16.00 smcs; Roper's Radiator $45.00 smcs; Russell's
Appliance $100.00 smcs; Sahling Kenworth $272.16 smcs; Sampson Construction
$147,630.00 co; Saniuk,M $11.19 smcs; Scheuffele,D $23.99 smcs; Schroeder,J
$15.48 smcs; Sears $16.50 smcs; Sherwinn Williams $91.72 smcs,co; Shirt Shack
$224.00 smcs; Sleister,M $17.88 smcs; Snap-On Tools $895.00 smcs; Solid Waste
Agency $65.20 smcs; SSG/BSN $330.32 smcs; Stagecoach $35.31 smcs; Sterling
Distributing $101.52 smcs; Stover,M $5.48 smcs; Strong,M $3.34 smcs; Summit
Heating $8,189.09 smcs,co; Sunmart $52.16 smcs; Super Shine Auto Care $149.00
smcs; Superior Signals $1,555.05 smcs; Supplement Shack $49.90 smcs; Sutphen
$363.50 smcs; Syx Tigerdirect $541.69 smcs; Taunton Publisher $10.49 smcs;
Thompson,L $60.00 smcs; Thomson Gale $42.68 smcs; Thurlaw,B $10.51 smcs; Tielke
Enterprise $213.51 smcs; Tomark Sports $351.90 smcs; Tractor-Supply $1,209.88
smcs; Tri City Outdoor $187.99 smcs; UAP Distributors $4,324.62 smcs;
Ultra-chem $781.81 smcs; Union Oil $1,438.80 smcs; Unisys $155.66 smcs; United
Seeds $1,018.03 smcs; Upbeat $736.77 co; UPS $27.17 smcs; US Golf Assn $100.00
smcs; USPS $154.42 smcs; Van Diest Supply $1,668.90 smcs; Video Service of
America $657.82 smcs; VS Visual Statement $4,000.00 smcs; Waldenbooks $150.00
smcs; Wal-Mart $829.54 smcs; Waste Cap $30.00 smcs; White,B $17.30 smcs; Wick's
Sterling Trucks $153,618.00 co; Wiederspan,R $59.46 smcs; Wilke Donovans
$385.31 smcs; Wittek Golf Supply $263.40 smcs; Worman,S $24.09 smcs; WW
Grainger $2,926.52 smcs; Xerox $220.51 smcs; Yanda Music $7,095.48 smcs,co;
Young,J $19.50 smcs; Zimmerman Printers $538.00 smcs; Zuckweiler,K $14.04 smcs;
Payroll Ending 5-13-2006 -- $273,275.38. The foregoing schedule of claims is
published in accordance with Section 19-1102 of the Revised Statutes of
Nebraska, and is published at an expense of $_________ to the City of Kearney.
3. Receive
recommendations of Planning Commission and set June 13, 2006 at 7:00 p.m. as
date and time for hearing on those applications where applicable.
4. Approve Resolution No.
2006-75 allowing the City to reimburse certain expenditures with the proceeds
of tax-exempt bonds to be issued in the future in connection with 2006 Part I
Improvements consisting of Paving Improvement District No. 2006-908 for 39th
Street from Pony Express Road west to the east lot line of Lot 1, Block 1,
Windsor Estates Fifth Addition.
RESOLUTION NO.
2006-75
BE IT RESOLVED by the
Vice-President and Council of the City of Kearney, Nebraska (the
"City"), as follows:
Section 1. The
Vice-President and Council of the City hereby find and determine that it is
necessary and appropriate to declare their official intent to issue tax-exempt
bonds on behalf of the City and in addition, the City's reasonable expectations
to reimburse certain expenditures with the proceeds of such bonds as proposed
to be issued by the City in connection with the proposed project as described
below.
Section
2. This resolution shall stand as a statement of the City's official intent
under Regulation Section 1.150-2 of the regulations of the United States
Treasury and for such purpose the following information is hereby given:
1. A
general functional description of the project for which expenditures may be
made and reimbursement from bond proceeds provided is as follows:
2006
Part I (Phase I) Street Improvements
|
$1,850,000.00
|
2. The
maximum principal amount of debt expected to be issued for such project is
$1,850,000.00.
PASSED AND APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
5. Adopt a policy
establishing guidelines on the Capital Improvement Projects/Sales Tax on
prioritizing and spending of the ½ cent sales tax and approve Resolution No.
2006-76.
RESOLUTION NO.
2006-76
WHEREAS, since the
passage of the ½ cent sales tax on November 15, 2005, staff and the City
Council have considered the adoption of guidelines regarding the spending of
such funds; and
WHEREAS, guidelines
are necessary to provide an efficient and fair framework for spending these
capital improvement funds and to ensure the public has adequate notice
regarding prioritization and spending of tax dollars; and
WHEREAS, the
following are some general guidelines for prioritization and spending of the ½
cent sales tax dollars:
- Each February, the Kearney City
Council will hold a public hearing to discuss prioritization and
allocation of funds; however, if the need should arise, other public
hearings may be held throughout the year.
- The City of Kearney web page
will maintain a listing of every project funded.
- The City’s Newsletter, The
Kearney Connection, will include details regarding project funding.
- On an ongoing basis, citizens
will be encouraged to submit capital improvement suggestions.
- Large projects such as
buildings and certain street improvements will include signage indicating
funding source.
- Interest earned will remain in
the Special Sales Tax fund.
WHEREAS, the
percentage of sales tax revenue allocated to debt service will not exceed
thirty-five (35) percent and the fund balance will not drop below ten (10)
percent of annual sales tax collections; and
WHEREAS, the cost of
the capital improvement must exceed Five Hundred Thousand Dollars ($500,000.00)
in order to be eligible for bond financing from the Special Sales Tax Fund; and
WHEREAS, the
following is the amount established for each target spending levels:
Streets,
Curbs, and Sidewalks 50%
Buildings 25%
Miscellaneous 15%
Equipment
(Items over $50,000) 5%
Reserves
5%
Total 100%
NOW, THEREFORE,
BE IT RESOLVED by the Vice-President and Council of the City of Kearney,
Nebraska, that the Capital Improvement Sales Tax Guidelines as set forth above
be and are hereby adopted and approved to provide for a clearer direction
regarding prioritization and spending of sales tax funds as well as keep
citizens better informed.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
6. Approve the Plans and
Specifications for AIP 3-31-0045-17 which consists of the Lighting Project on
Runway 13/31, Taxiway “B”, “C”, “D”, “E”, and “F” at the Kearney Municipal Airport and set the bid opening date for sometime in July 2006 subject to FAA
approval.
7. Approve the request
from the Yanney Heritage Park Foundation and the City of Kearney to conduct
Yanney Heritage Day on June 10, 2006 at the E.K. & Mary Yanney Heritage Park which includes a fireworks display.
8. Authorize the
execution of a Letter of Support for Essential Air Service to the Department of
Transportation and approve Resolution No. 2006-77.
RESOLUTION NO.
2006-77
WHEREAS, the Kearney Municipal Airport has been working diligently to improve the air service options
available to central Nebraskans and to increase the number of enplanements from
the local airport; and
WHEREAS, the
Department of Transportation is presently accepting recommendations to award a
two-year contract for Essential Air Service; and
WHEREAS, such
contract could provide up to $1 million in improvement funds contingent on the
number of enplanements; and
WERHEAS, on May 23,
2006, the Kearney City Council approved a resolution submitting a
recommendation to the Department of Transportation to provide westbound air
service from Kearney, Nebraska to Denver, Colorado; and
WHEREAS, this
proposal would serve more passengers in central Nebraska and would be the best
use of federal Essential Air Service subsidies; and
WHEREAS, increased
traffic to serve central Nebraska would be a valuable asset to the community
and surrounding area.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
that the Vice-President and City Council of Kearney, Nebraska do hereby submit
a recommendation to the Department of Transportation seeking Essential Air
Service improvement funding to provide westbound air service from Kearney,
Nebraska to Denver, Colorado.
BE IT FURTHER
RESOLVED that a Letter of Support executed by the Vice-President of the Kearney
City Council be submitted to the Department of Transportation expressing
support for such project.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
9. Approve Change Order
No. 1 for an increase in the amount of $27,050.00 submitted by Werner
Construction Co. and approved by Kirkham Michael for the Apron/Taxilane
Improvements at the Kearney Municipal Airport (AIP Project No. 3-31-0045-15)
and approve Resolution No. 2006-78.
RESOLUTION
NO. 2006-78
WHEREAS, Werner
Construction, Inc. of Hastings, Nebraska has performed services in connection
with the improvements of AIP Project No. 3-31-0045-15 (Apron/Taxilane
Improvements) at the Kearney Municipal Airport, and have filed Change Order No.
1 showing an increase in the amount of $27,050.00 as shown on Exhibit “A”,
attached hereto and made a part hereof by reference:
|
Original Contract Sum
|
$1,022,349.85
|
|
Change Order No. 1
(5-23-2006)
|
+ 27,050.00
|
|
Contract Sum To Date
|
$1,049,399.85
|
NOW, THEREFORE,
BE IT RESOLVED by the Vice-President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Change Order No. 1 as shown on
Exhibit “A”, be and is hereby accepted and approved.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
10. Approve Change Order
No. 1 for an increase in the amount of $1,361.00, Application and Certificate
for Payment No. 1-Final in the amount of $98,632.00, and the Certificate of
Substantial Completion submitted by Midlands Contracting, Inc. and approved by
Miller & Associates for the 2005 Part VI Improvements – Bid A consisting of
Water District No. 2005-541 for 47th Street Place from 6th Avenue to its
terminus in a cul-de-sac; Water District No. 2005-542A for 4th Avenue from 44th
Street north a distance of 734.2± feet; Sewer District No. 2005-484 for 47th
Street Place from 6th Avenue to its terminus in a cul-de-sac; and Sewer
District No. 2005-485A for 4th Avenue from 44th Street north a distance of
734.2± feet and approve Resolution No. 2006-79.
RESOLUTION
NO. 2006-79
WHEREAS,
Midlands Contracting, Inc. has performed services in connection with the 2005
Part VI Improvements – Bid A consisting of Water District No. 2005-541 for 47th
Street Place from 6th Avenue to its terminus in a cul-de-sac; Water District
No. 2005-542A for 4th Avenue from 44th Street north a distance of 734.2± feet;
Sewer District No. 2005-484 for 47th Street Place from 6th Avenue to its
terminus in a cul-de-sac; and Sewer District No. 2005-485A for 4th Avenue from
44th Street north a distance of 734.2± feet, and the City's engineer, Miller
& Associates, have filed with the City Clerk Change Order No. 1 showing an
increase in the amount of $1,361.00 as shown on Exhibit “A”, attached hereto
and made a part hereof by reference; and
WHEREAS, the
Engineer and Contractor have filed with the City Clerk Application and
Certificate for Payment No. 1-Final in the amount of $98,632.00 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$97,271.00
|
|
Change Order No. 1
(5-23-2006)
|
+ 1,361.00
|
|
Contract Sum To Date
|
$98,632.00
|
|
Gross Amount Due
|
98,632.00
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
98,632.00
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$98,632.00
|
WHEREAS, the Engineer
and Contractor have now certified to the City Clerk that work is completed as
of April 20, 2006, as shown by Exhibit “C” attached hereto and made a part
hereof by reference.
NOW, THEREFORE,
BE IT RESOLVED by the Vice-President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Change Order No. 1 as shown on
Exhibit “A”, Application and Certificate of Payment No. 1-Final as shown on
Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit
“C” be and are hereby accepted and approved.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
11. Approve Application
and Certificate for Payment No. 1 in the amount of $29,389.05 submitted by
Blessing, LLC and approved by Miller & Associates for the 2005 Part VI
Improvements – Bid B consisting of Paving Improvement District No. 2005-905 for
47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Paving
Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th
Street and approve Resolution No. 2006-80.
RESOLUTION
NO. 2006-80
WHEREAS,
Blessing, LLC has performed services in connection with the 2005 Part VI
Improvements – Bid B consisting of Paving Improvement District No. 2005-905 for
47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Paving
Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th
Street, and the City's engineer, Miller & Associates, have filed with the
City Clerk Application and Certificate for Payment No. 1 in the amount of
$29,389.05 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$200,101.60
|
|
Contract Sum To Date
|
200,101.60
|
|
Gross Amount Due
|
32,654.50
|
|
Retainage
|
3,265.45
|
|
Amount Due to Date
|
29,389.05
|
|
Less Previous Certificates for Payment
|
.00
|
|
Current Payment Due
|
$ 29,389.05
|
NOW, THEREFORE,
BE IT RESOLVED by the Vice-President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Application and Certificate for
Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
12. Approve Application
and Certificate for Payment No. 6 in the amount of $57,844.17 submitted by
Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI
Improvements consisting of Paving Improvement District No. 2005-899 for 11th
Street from 1st Avenue to 7th Avenue and approve Resolution No. 2006-81.
RESOLUTION
NO. 2006-81
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2004 Part VI
Improvements consisting of Paving Improvement District No. 2005-899 for 11th
Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 6 in the amount of $57,844.17 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,036,342.20
|
|
Change Order No. 1
(9-27-2005)
|
+ 9,820.00
|
|
Contract Sum To Date
|
1,046,162.20
|
|
Gross Amount Due
|
935,065.75
|
|
Retainage
|
46,753.29
|
|
Amount Due to Date
|
888,312.46
|
|
Less Previous Certificates for
Payment
|
830,468.29
|
|
Current Payment Due
|
$ 57,844.17
|
NOW, THEREFORE,
BE IT RESOLVED by the Vice-President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Application and Certificate for
Payment No. 6, as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
13. Approve Application
and Certificate for Payment No. 6 in the amount of $13,547.95 submitted by
Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV
Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for
52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No.
2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2
of Block 1, Sorensen Park Fourth Addition and approve Resolution No. 2006-82.
RESOLUTION
NO. 2006-82
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2005 Part IV
Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for
52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No.
2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2
of Block 1, Sorensen Park Fourth Addition, and the City's engineer, Miller
& Associates, have filed with the City Clerk Application and Certificate
for Payment No. 6 in the amount of $13,547.95 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$292,727.25
|
|
|
|
|
Contract Sum To Date
|
292,727.25
|
|
Gross Amount Due
|
305,914.35
|
|
Retainage
|
15,295.72
|
|
Amount Due to Date
|
290,618.63
|
|
Less Previous Certificates for
Payment
|
277,070.68
|
|
Current Payment Due
|
$ 13,547.95
|
NOW, THEREFORE,
BE IT RESOLVED by the Vice-President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Application and Certificate for
Payment No. 6, as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
14. Approve Application
and Certificate for Payment No. 2 in the amount of $107,696.25 submitted by
Paulsen, Inc. and approved by Miller & Associates for the 2005 Part I
Improvements – Bid A consisting of Paving Improvement District No. 2005-903 for
Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition
and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a
distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for
Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north
a distance of 210± feet and approve Resolution No. 2006-83.
RESOLUTION
NO. 2006-83
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2005 Part I
Improvements – Bid A consisting of Paving Improvement District No. 2005-903 for
Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition
and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a
distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for
Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence
north a distance of 210± feet, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 2 in the amount of $107,696.25 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$ 684,445.60
|
|
Contract Sum To Date
|
$ 684,445.60
|
|
Gross Amount Due
|
281,501.50
|
|
Retainage
|
28,150.15
|
|
Amount Due to Date
|
253,351.35
|
|
Less Previous Certificates for
Payment
|
145,655.00
|
|
Current Payment Due
|
$107,696.25
|
NOW, THEREFORE,
BE IT RESOLVED by the Vice-President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Application and Certificate for
Payment No. 2, as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
15. Approve the
application for deferral of special assessments submitted by the University of Nebraska at Kearney in connection with Water District No. 2005-540 for West
Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second
Addition.
16. Approve the Technical
and Professional Services Contract between the City of Kearney and Miller &
Associates for Community Development Block Grant No. 05-CR-012 for grant
administration services relating to the Community Revitalization Program and
approve Resolution No. 2006-84.
RESOLUTION NO.
2006-84
WHEREAS, the City of
Kearney was awarded Community Development Block Grant Funds from the Nebraska
Department of Economic Development for the Community Revitalization program
which will provide a combination of improvements to sidewalks, streets, and
accessible sidewalk ramps at intersections in a targeted area in southeast
Kearney; and
WHEREAS, the City of
Kearney requested proposals from firms in Central Nebraska for project
administration services relating to this project; and
WHEREAS, City staff
reviewed the proposal and recommends pursuing a contract with Miller &
Associates of Kearney to provide project administration services.
NOW, THEREFORE,
BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
that the Vice-President be and is hereby authorized and directed to execute, on
behalf of the City of Kearney, the Technical and Professional Services Contract
between the City of Kearney and Miller & Associates for Community
Development Block Grant No. 05-CR-012 for project administration services in
the amount of $12,000 as set forth in the Contract. A copy of the said
Contract, marked Exhibit “A”, is attached hereto and made a part hereof by
reference
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
17. Approve Supplemental
Agreement No. 1 between the City of Kearney, Buffalo County, and the State of
Nebraska Department of Roads for Project STPD-TMT-10-2(114) setting forth the
responsibilities of the parties for the preliminary engineering, lead agency
and funding obligations with regard to the Kearney East Bypass Project and
approve Resolution No. 2006-85.
RESOLUTION NO. 2006-85
BE IT RESOLVED
by the Vice-President and Council of the City of Kearney, Nebraska, that the
Vice-President be and is hereby authorized and directed to execute Supplemental
Agreement No. 1 between the State of Nebraska Department of Roads, the City of
Kearney, and Buffalo County with regard to Project STPD-TMT-10-2(114) setting
forth the responsibilities of the parties for the preliminary engineering, lead
agency and funding obligations with regard to the Kearney East Bypass Project.
A copy of the said Supplemental Agreement No. 1, marked as Exhibit “A”, is
attached hereto and made a part hereof by reference.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
18. Approve Supplemental
Agreement #1 for Engineering Services between the City of Kearney and Kirkham,
Michael & Associates in connection with the Cherry Avenue/I-80Interchange
and East Kearney Bypass Environmental Assessment and approve Resolution No.
2006-86.
RESOLUTION NO.
2006-86
BE IT RESOLVED
by the Vice-President and Council of the City of Kearney, Nebraska, that the
Vice-President be and is hereby authorized and directed to execute Supplemental
Agreement No. 2 between the City of Kearney and Kirkham, Michael &
Associates for engineering services with regard to the Cherry Avenue/I-80Interchange
and East Kearney Bypass Environmental Assessment. A copy of the said
Supplemental Agreement No. 2, marked as Exhibit “A”, is attached hereto and
made a part hereof by reference.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
19. Approve the
recommendation from the Code Enforcement Officer on the annual renewal of the
following manufactured home court licenses until May 31, 2006:
Cornhusker Mobile Home Park, 1115 Avenue C
Cottonmill Mobile
Home Court, 3635 Cottonmill Avenue
Countryside Mobile
Park, Inc., 1920 15th Avenue
East Lawn Mobile
Homes Estates, 2900, 3010 Grand Avenue
L&M Mobile Home Park, 1122 Central Avenue
Merriweather Mobile Home Village, 914 West 17th Street
Northside Park, 4641 West Highway 30
Park-Wa Trailer Court,
2214 14th Avenue
Rodeo Court, 2414 West 24th Street
R-Villa East, West
and South, 2424, 2719, 2803 West 24th Street
Schnase Trailer Court,
1284 62nd Avenue
Sheen’s Mobile Home Court, 4664 West Highway 30
Valley View Mobile Home Court, 2701 Grand Avenue
Van Vleet Trailer
Court, 550 30th Avenue
Villa Park, 2703 West 24th Street
Westside Trailer
Court, 1282 62nd Avenue
Woodriver Valley Mobile Home Park, 865 West 78th Street
20. Approve the Agreement
submitted by the Central Nebraska Auto Club to block off Central Avenue from 25th Street to North Railroad Street, 23rd Street from 1st Avenue to Avenue A, the parking
lot located west of Cunningham’s Journal, the parking lot located behind City
Hall, and the parking lot located north of MONA in conjunction with Cruise Nite
2006. Also, they will conduct a parade on July 15, 2006 from 6:00 p.m. until
7:00 p.m. on Central Avenue from North Railroad Street to 27th Street and then
west subject to the City receiving the required Certificate of Insurance.
21. Approve the request
submitted by the Downtown Improvement Board to block off Central Avenue from 22nd Street to 23rd Street on July 21, 2006 from 8:00 a.m. until 9:00 p.m., and to occupy
the sidewalks in the downtown area on July 20, 21, 22, 2006 from 8:00 a.m.
until 9:00 p.m. to conduct Sidewalks Sales.
22. Approve the request
submitted by John Deterding to temporarily block off northbound traffic on 2nd Avenue from 21st Street to 22nd Street on May 29, 2006 from 1:30 p.m. until 3:30 p.m.
for a memorial dedication to the veterans.
23. Approve the Interlocal
Agreement between the City of Kearney, the Buffalo County Board of Supervisors,
and the Buffalo County Economic Development Corporation defining the
responsibilities as it relates to a joint and cooperative action for
distribution of Buffalo County Program Income Reuse monies within the
jurisdiction of the City and approve Resolution No. 2006-87.
RESOLUTION NO.
2006-87
BE IT RESOLVED
by the Vice-President and Council of the City of Kearney, Nebraska, that the
Vice-President be and is hereby authorized and directed to execute the
Interlocal Agreement between the City of Kearney, the Buffalo County Board of
Supervisors, and the Buffalo County Economic Development Corporation defining
the responsibilities as it relates to a joint and cooperative action for
distribution of Buffalo County Program Income Reuse monies within the
jurisdiction of the City with regard to the Local Plan for the Intended Use of
CDBG Program Income Resulting from Grant No. CDBG 86-ED-009 Reuse Plan for
Economic Development. A copy of the said Interlocal Agreement, marked as
Exhibit “A”, is attached hereto and made a part hereof by reference.
PASSED AND
APPROVED THIS 23RD DAY OF MAY, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
ORDINANCE NO. 7258 – REZONING 570
FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD
Ordinance No. 7258 rezoning from
“District AG, Agricultural District” to “District RR-1, Rural Residential
District (Rural Standards)” property described as a tract of land being part of
Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the
6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or
less, are presently being used for road purposes on the south side, all in
Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater
Avenue and Coal Chute Road) will remain on the table until June 13, 2006.
Therefore, no action was taken.
ORDINANCE NO. 7256 – CONDITIONAL
USE PERMIT; 1308 WEST 24TH STREET
Ordinance No. 7256 granting a
Conditional Use Permit to Jeffrey Overturf for PABO, LLC (Applicant) and Bob
Wilson (Owner) to construct a building for a restaurant with a drive-thru on
property zoned “District UC, Mixed Use Urban Corridor District” and described
as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street
lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half
of 23rd Street lying immediately north of and abutting on the north line of Lot
1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to
the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street) will
remain on the table until June 13, 2006. Therefore, no action was taken.
OPEN ACCOUNT CLAIMS: FREMONT
NATIONAL BANK -- $27,430.27
Moved by Buschkoetter seconded by
Kearney that Open Account Claims in the amount of $27,430.27 payable to Fremont
National Bank be allowed. Roll call resulted as follows: Aye: Buschkoetter, Clouse,
Kearney. Nay: None. Hadley and Lear absent. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Kearney seconded by Clouse
that Council adjourn at 7:10 p.m. Roll call resulted as follows: Aye: Buschkoetter,
Kearney, Clouse. Nay: None. Hadley and Lear absent. Motion carried.
\
RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK