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Kearney, Nebraska

January 24, 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 January 24, 2006, in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter and Bruce Lear. Absent: Don Kearney and Stan Clouse.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Management Assistant; 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: Mary Kalb, Matthew Williams, Ron Tillery, Kirk Stocker, Matt Urkoski, Bruce Grupe, Ken Cordes, 4 UNK Students, 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

 

Mayor Hadley and Council members held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Mayor Hadley and Council Members led the audience in the Pledge of Allegiance.

 

THE DEVELOPMENT COUNCIL 2005 ANNUAL REPORT

 

Ron Tillery from The Development Council presented their 2005 Annual Report. The partnership between the Development Council and the City for the past 20 years has been a fruitful one and they look forward to the future.  As they enter their 20th year, they are embarking on a new phase (a new kind of relationship) where we have added the private sector directly into their organization as members.  This was one of their principal goals this past year to make that transition and have done that successfully.  They added new members and are continuing to add members.  Their goal is to have a total of 50 members by the end of this year as a part of their organization. 

 

Their second goal was to better utilize the existing community resources and assets to promote and nurture entrepreneurial activity.  They are working very closely with their partners at the University of Nebraska at Kearney to develop an entrepreneurial development program that includes academic offerings and services.  This program will also offer research products that are essential to the creation of new businesses.  Entrepreneurial development (referred to as economic gardening) is a very important component to the overall economic development program.  Businesses that start in Buffalo County are more likely to stay and grow here than businesses that come from the outside although these businesses are also very important.  Kearney’s main economic backbone has been nurtured and built on the foundation of entrepreneurial activities such as Baldwin Filters, Marshall Engines, Morris Press, The Buckle which all entrepreneurial enterprises that have their roots here in Kearney. 

 

In addition, they wanted to engage their membership in development activities in this past year as their third main goal.  They have done that to a great degree, but that is a work in progress.  There still are many things left to do and they hope to do better in utilizing the experience and talents of their private business members in the economic development efforts of the community. 

 

Their fourth goal is to support and coordinate the efforts to improve this region’s transportation assets.  Businesses that are already here have to connect with the outside world either by surface transportation or by air.   Businesses that they hope to import show up on airplanes, cars, buses, and trucks.  The world of commerce needs good transportation infrastructure and it is very important for Kearney to have those resources and assets in place in the community so that they can do business with the rest of the world.  The Cherry Avenue Interchange/bypass is one of those key ingredients that they have worked very diligently with the City and the other members of the development team to promote.   

 

Their fifth goal was to work with UNK to write, introduce and support the passage of legislation to transfer 273 acres on the west side of Kearney into the university system.  It had been in the state’s excess property controlled by Health and Human Services.  This is significant parcel of ground that can provide expansion opportunities to the university as well as serve as the knowledge based business park that they have been discussing in the community for several years.  They will continue to develop this for the benefit of the entire regional economy.

 

The 2006 goals are going to build on the accomplishments of 2005.  They must do a better job of improving the community’s ability to respond to the opportunities that are presented and to close the deal.  Those opportunities are different from week to week.    They have to have things in place that are attractive to businesses when they make a decision to consider this community.  Some of the things needed are better developed sites that meet the needs of existing businesses or businesses that are coming into the market.  They need to do a better job of helping the businesses that are here meet their expansion and growth needs.  There are a number of interesting opportunities on the horizon and they need to be able to help the existing business base grow and prosper. 

 

On the entrepreneurial side, they need to help start up businesses throughout the county.  Sometimes that means working with high school students through the entire post secondary system making sure that they have assets that are aligned that meet the needs of the people that want to start the businesses.  They need to make sure that they are a “business friendly” community across the board.  This is one of the big assets of having the Development Council organized as it is.  With representatives of the City Council, City administration, the County and the Chamber, as well as the private business community, sitting around the table on a monthly basis discussing the challenges, needs and opportunities of the community.  Mr. Tillery stated he believed it has been a very strong and solid 2005 and he is looking forward to another good year in 2006. 

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.  UNFINISHED BUSINESS

 

There was no Unfinished Business.

 

III.  PUBLIC HEARINGS

 

AMEND LAND USE MAP – NORTH OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE

 

Mayor Hadley stated that Public Hearings 1, 2 and 3 pertain to the development of property located north of 16th Street and west of 11th Avenue and east of 16th Avenue. The City received a letter from the applicant requesting this matter remain on the table until February14, 2006. Therefore, no action was taken.

 

REZONING – NORTH OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE

 

Mayor Hadley stated that Public Hearings 1, 2 and 3 pertain to the development of property located north of 16th Street and west of 11th Avenue and east of 16th Avenue. The City received a letter from the applicant requesting this matter remain on the table until February14, 2006.  Therefore, no action was taken.

 

FINAL PLAT – G & K FOURTH ADDITION

 

Mayor Hadley stated that Public Hearings 1, 2 and 3 pertain to the development of property located north of 16th Street and west of 11th Avenue and east of 16th Avenue. The City received a letter from the applicant requesting this matter remain on the table until February14, 2006.  Therefore, no action was taken.

 

IV.  CONSENT AGENDA

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 17 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Lear, Buschkoetter. Nay: None. Clouse and Kearney absent.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held January 10, 2006, and Emergency Meeting held January 19, 2006.

 

2.         Approve the following Claims: 101 Phones $89.98 smcs; 1st Computer Source $409.34 smcs; Ace Hardware $1,237.46 smcs,co; Advanced Auto Parts $182.30 smcs; Alamar Uniforms $2,809.17 smcs; Allied Electronics $519.59 smcs; Alltel $2,216.29 smcs; Amax Contracting $152.90 co; Amazon $59.46 smcs; Amer Backflow $60.00 smcs; Amer Electric $364.37 smcs,co; Anderson Brothers $279.37 smcs; Anderson Industrial $358.28 smcs,co; Anderson Wrecking $30.00 smcs; Ashbrook Simon-Hartley $1,011.00 smcs; Ask Supply $209.64 smcs; Asknet-Shops.com $69.95 smcs; Auto Glass Center $343.17 smcs; Baird Holm $1,750.00 smcs; Baker & Taylor Books $2,044.89 smcs; Barney Insurance $95.00 smcs; Baye,S $132.30 smcs; BBC Audiobooks $215.13 smcs; Bear Frame $251.90 smcs; Beideck,J $98.00 smcs; Berkeley Varitronics $3,900.00 co; Best Lock $312.44 smcs; Big Flag Farm $784.40 smcs; Blakemore,T $54.00 smcs; Blessing $1,500.00 co; Bluecross Blueshield $116,740.78 smcs; Bob's Super Store $56.42 smcs; Boersma,C $132.30 smcs; Boogaarts $22.74 smcs; Bosselman $21,847.66 smcs; Broadfoot's $1,743.00 smcs; Brodart $63.93 smcs; Buffalo Co Sheriff $76.25 smcs; Builders Warehouse $1,998.61 smcs,co; Byco #1 Gas $20.00 smcs; Cabelas $1,026.15 smcs; Capital Media Group $2,004.80 smcs; Cardinal Scale $802.14 smcs; Cash-Wa $174.25 smcs; CBA Lighting $372.59 smcs; Centaur $26.00 smcs; Central Auto Electric $334.21 smcs; Central Fire $469.05 smcs; Central Hydraulic Systems $3,264.53 smcs; Central NE Bobcat $213.64 smcs; Chamberlain Group $72.14 smcs; Charlesworth & Assoc $3,131.25 smcs; Charter $111.68 smcs; Chief Industries $68,548.50 co; City Glass $111.83 smcs; City of Ky $84,336.91 smcs,ps; Claver,B $30.00 smcs; College Savings Plan of NE $50.00 ps; Complete Music $250.00 smcs; Computer Warehouse #4 $14.99 smcs; Conseco Life Insurance $38.00 ps; Construction Book $106.90 smcs; Construction Rental $151.18 smcs; Control Masters $3,070.00 smcs; Cook,J $446.05 smcs; Country Inn & Suites $394.40 smcs; Creative Teacher $28.96 smcs; Crossroads Ford $327.26 smcs; Culligan $78.50 smcs; Cummins Central Power $759.86 smcs; D&M Security $54.00 smcs; Dan Roeder Concrete $40,000.00 co; Dataviz $29.99 smcs; Dawson County PPD $12,576.59 smcs; Daylight Donuts $25.00 smcs; Dell $4,789.63 smcs,co; Demco $405.78 smcs; Development Council $2,116.00 smcs; Diamond Pro $720.00 smcsDiamond Vogel Paints $175.24 smcsDorr,W $8.00 smcs; Dutton-Lainson $80.53 smcs; Eagle Integrated Solutions $8,550.00 smcs; Eakes Office $1,807.97 smcs; Earl May $5.99 smcs; Ecolab $27.00 smcs; EDM Equipment $788.49 smcs; Eileens Colossal $26.00 smcs; Elliott Equipment $5,005.00 co; Engels Glass $104.00 smcs; Engineered Plastic $161.70 smcs; Eustis Body Shop $495.00 smcs; Fairbanks Int'l $655.80 smcs; Farmers Union Coop $1,113.98 smcs; Fastenal $462.96 smcs; Fedex $50.96 smcs; Fenemore Craig $54.00 smcs; Fiddelke Heating $198.86 smcs; Fireguard $78.00 smcs; Fountainhead Group $40.59 smcs; Frontier $8,142.39 smcs; G M Road Marketing $70.91 smcs; G. Neil $211.75 smcs; Galls $955.94 smcs; Garrett Tires $13,118.73 smcs; Gary's I-80 $220.00 smcs; Gaylord Brothers $50.22 smcs; General Traffic Controls $94.22 smcs; Gibbon Transmissions $1,779.86 smcs; Glock $200.00 smcs; Gordon's Small Engine $41.88 smcs; Graham Tire $749.72 smcs; Grainger $900.52 smcs; GI Health Dept $2,548.00 smcs; Great Plains One Call $118.15 smcs; Grey Products $136.30 smcs; HTE Users Group $45.00 smcs; H&H Distributing $277.20 smcs; Harbor Freight Catalog $49.99 co; Harry Ferris Co $640.00 co; Highsmith $276.87 smcs; Hilton's Handyman $1,750.00 co; Hobby-Lobby $13.33 smcs; Holmes Plumbing $864.70 smcs,co; Hotsy Equipment $467.46 smcs; Human Kinetics $72.35 smcs; Hydrologic $175.00 smcs; IBM Print $446.57 smcs; ICAP $100.00 smcs; ICMA RC $2,623.13 ps; INF Polk Directories $291.00 smcs; IRS $86,933.18 ps; IIMC $125.00 smcs; Jack Lederman $121.98 smcs; JC Penney $37.98 smcs; Johnstone Supply $209.11 smcs; K&K Parts $275.46 smcs; Kayton Electric $703.14 co; Ky Clinic $1,067.00 smcs,ps; Ky Concrete $2,349.43 smcs,co; Ky Crete & Block $181.44 smcs; Ky Cycling $40.00 ps; Ky Hub $964.84 smcs; Ky Implement $1,589.65 smcs; Ky Towing $460.00 smcs; Ky Warehouse $292.35 smcs; Ky Yamaha $146.59 smcs; Killion Motors $178.28 smcs; KKPR $150.00 smcs; Kmart $9.87 smcs; Land,D $837.50 smcs; Laughlin,K $360.00 ps; Lawson Products $371.84 smcs; LCL Truck Equipment $658.53 smcs; League of NE Municipalities $300.00 smcs; Lifeguard Store $426.25 smcs; Lincoln Journal Star $514.90 smcs; Lincoln Truck Center $138.12 smcs; Linweld $234.55 smcs; LIPS Printing $131.00 smcs; Little Ceasar Pizza $56.00 smcs; Lockmobile $1,822.00 smcs; Lyon Workspace $269.83 smcs; Mac Tools $122.38 smcs; Magic Cleaning $4,150.00 smcs; Mail Express $64.40 smcs; Manary,M $11.70 smcs; Mandatory Poster $62.25 smcs; Mark Hydraulic Co $274.40 smcs; Marlatt Machine Shop $1,514.15 smcs; McDonald's $54.32 smcs; Menards $1,664.47 smcs,co; Mendenhall,J $42.00 smcs; Meridian Library System $20.00 smcs; MES Mid-America $48.02 smcs; Michael Todd $638.00 smcs; Midway Cheverolet $217.56 smcs; Midwest Lab $1,705.50 smcs; Mieth,T $132.30 smcs; Milco Environmental $760.00 smcs; Miller & Associates $6,219.40 co; Miller Signs $834.00 smcs; MOCIC $200.00 smcs; Mr. Automotive $3,146.57 smcs; Mr. Basketball $400.00 smcs; MSI Systems Integrators $9,804.26 co; Municipal Supply $42,560.21 smcs; Museum of NE Art $3,800.00 smcs; Napa All Makes $2,353.72 smcs; NWWA $700.00 smcs; NE Beef Council $50.00 ps; NE Child Support $1,356.98 ps; NE Dept of Aeronautics $2,095.00 er,ds; NE Dept of Environmental $14,829.00 smcs; NE Dept of Revenue $49,967.38 smcs; NE Golf Association $81.20 smcs; NE Health Lab $371.00 smcs; NE Library Association $40.50 smcs; NE Liquor Control $31.00 smcs; NE Rural Water Assoc $330.00 smcs; NE Safety & Fire $58.09 smcs; NE Workforce Development $4,909.57 ps; Neal-Schuman $74.25 smcs; NEland Distributors $402.20 smcs; Newman Signs $125.84 smcs; NGCSA $225.00 smcs; NHHS Online Licensing $114.00 smcs; Nickman Brothers $1,575.00 smcs; Northwest Electric $24.31 smcs; Northwestern Energy $20,277.90 smcs; Office Depot $351.56 smcs; Office Max $1,499.48 smcs,co; Officenet $946.22 smcs,co; O'Keefe Elevator $175.00 smcs; Olympia Petroleum $428.06 smcs; O'Reilly $833.46 smcs; Orscheln $639.09 smcs; P.P.C.T. Management $83.00 smcs; Paramount Linen $112.39 smcs; Paul A. Otto Curb Grinding $54.00 co; Paypal $125.00 smcs; PBD Ala-graph Editions $318.28 smcs; PEP Co. $51.10 smcs; Perry,R $7.68 smcs; Platte Valley Comm $4,074.18 smcs,co; Plimius $49.94 smcs; Presco Sales $681.26 smcs; Presto-X $50.00 smcs; Priority Management $91.03 co; Quality Appraisers $400.00 co; Quill $313.89 smcs; Quinlan Publishing $154.97 smcs; Radio Shack $48.75 smcs; Random House $1,640.40 smcs; RDJ Specialties $201.05 smcs; Ready Mixed Concrete $528.87 smcs,co; Recreonics $2,182.83 smcs,co; Regional Books $97.50 smcs; Reserve Account $8,000.00 smcs; Respond First Aid $85.10 smcs; Restockit/Officesupplyit $507.12 smcs; Riverside Animal Hospital $2,542.45 smcs; Road Builders $552.64 smcs; Roesler,A $32.09 smcs; Roth,K $15.91 smcs; Sage,P $417.66 smcs; Sahling Kenworth $154.37 smcs; Salina Travel Center $66.06 smcs; Sapp Brothers $4,004.00 smcs; Sayler,C $499.41 co; Scantron $1,550.00 smcs; Sherwin Williams $30.81 smcs; Shirt Shack $1,213.85 smcs; Skillpath Seminars $2,388.00 smcs; Sports Imports $106.95 smcs; Stocker,K $50.70 smcs; Suchsland,T $21.13 smcs; Sunmart $30.67 smcs; Superior Signals $171.15 smcs; SYX Tigerdirect $592.70 smcs,co; Tacview $1,880.00 smcs; Target $289.65 smcs; Tecco $72.29 smcs; Theis,G $53.76 smcs; Thomas,P $43.87 smcs; Tokay Software $1,800.00 smcs; Tom Dindales Cheverolet $240.39 smcs; Tool Doctor $15.00 smcs; Tractor-Supply $1,594.14 smcs,co; Tri City Outdoor Power $486.28 smcs; Tye & Rademacher $10,263.22 smcs; U Stop 7 $43.15 smcs; U.S. Postmaster $589.00 smcs; UPRR $12,819.37 co; UNK $128.57 ps; UNL Pesticide Education $210.00 smcs; Upbeat $6,723.11 co; UPS $213.22 smcs; USPS $22.25 smcs; Van Diest Supply $4,351.00 smcs; Vanderbeck,R $21.00 smcs; Video Kingdom $429.89 smcs; Video Service of America $248.73 smcs; Village Uniform $221.41 smcs; Walgreens $14.90 smcs; Wal-mart $1,587.02 smcs,co; Walters Electric $1,181.47 smcs; Washington State Support $102.00 ps; Water Products $1,339.40 smcs; Weathercraft $151.68 smcs; Wellman,P $132.30 smcs; Wellness Council of America $57.60 ps; Wellness Works $15.00 ps; Wicks Sterling Trucks $35.65 smcs; Wilke Donovans $258.92 smcs; Williams,M $1,519.33 smcs; Wingate Inn $129.90 smcs; World Herald $398.22 smcs; WPCI $160.50 ps; Xerox Corporation $379.38 smcs; Yant Equipment $596.15 smcs; Payroll Ending 01-07-2006 -- $260,713.57.  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 February 14, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the application submitted by Kyle Simodynes and Suzan Wilson to extend Conditional Use Permit No. 1996-01 to locate the “I Believe In Me” Ranch for a group of facilities located at 2041 East 56th Street for a period of two years.

 

5.         Approve the request to extend the permit granted to Huss Platte Valley Auction to locate a manufactured home at 1202 West 19th Street for security purposes for a period of one year.

 

6.         Approve the request submitted by Kearney Gaming, LLC to operate the keno-type lottery on behalf of the City of Kearney at Bico’s located at 3016 West Highway 30 and approve Resolution No. 2006-7.

 

RESOLUTION NO. 2006-7

 

            WHEREAS, the City of Kearney entered into a Lottery Operator Agreement on August 14, 2001 with Kearney Gaming, LLC to operate a keno-type lottery on behalf of the City; and

            WHEREAS, Section 4.A. LOTTERY FACILITIES of the Lottery Operator Agreement requires Kearney Gaming, LLC to receive approval of the City Council prior to operating a keno-type lottery from any location within the City of Kearney; and

            WHEREAS, Kearney Gaming, LLC has requested that 3016 West highway 30, Kearney Nebraska (Bico’s) be approved as a location to operate a keno-type lottery on behalf of the City of Kearney.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that 3016 West Highway 30, Kearney Nebraska (Bico’s) is hereby approved as a location for Kearney Gaming, LLC to operate a keno-type lottery on behalf of the City of Kearney.

BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed.

PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve the Plans and Specifications for the 2005 Part I Improvements 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 set the bid opening date for February 14, 2006 at 10:00 a.m.

 

8.         Approve the Plans and Specifications for the 2005 Part V Improvements consisting of Paving Improvement District No. 2002-870 for the alley between Avenue A and Avenue B from 21st Street to Railroad Street; Paving Improvement District No. 2005-900 for the alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South Kearney Addition and set the bid opening date for February 21, 2006 at 2:00 p.m.

 

9.         Approve the Plans and Specifications for the 2005 Part VI Improvements 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; 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 set the bid opening date for February 21, 2006 at 2:00 p.m.

 

10.        Approve Application and Certificate for Payment No. 5 in the amount of $15,313.52 submitted by Paulsen, Inc. 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, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2006-8.

 

RESOLUTION NO. 2006-8

 

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. 5 in the amount of $15,313.52 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

291,653.35

Retainage

14,582.67

Amount Due to Date

277,070.68

Less Previous Certificates for Payment

  261,757.16

Current Payment Due

$  15,313.52

 

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

            PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve the recommendation submitted by the Utilities Department on awarding the bid to Tom Dinsdale Chevrolet of Grand Island, Nebraska in the amount of $44,838.50 for the purchase of a 5-cubic yard dump truck for the Wastewater Treatment Plant Division subject to approval by the United States Environmental Protection Agency and approve Resolution No. 2006-9.

 

RESOLUTION NO. 2006-9

 

            WHEREAS, the City of Kearney has reviewed the sealed bids which were opened on January 17, 2006, at 2:00 p.m. for the purchase of a 5-cubic yard dump truck for the Wastewater Treatment Plant Division; and

WHEREAS, City staff has recommended the bid offered by Tom Dinsdale Chevrolet from Grand Island, Nebraska in the sum of $44,838.50 be accepted as the lowest responsible bid subject to approval by the United States EPA.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the recommendation is hereby accepted and approved, that Tom Dinsdale Chevrolet be and is the lowest responsible bidder for the purchase of a 5-cubic yard dump truck for the Wastewater Treatment Plant Division in the sum of $44,838.50 be and is hereby accepted subject to approval by the United States EPA.

            PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve the revised Agreement between the City of Kearney and Bamford Inc. for the connection of two separate premises on property located at 2815 West 24th Street to the same water service line and approve Resolution No. 2006-10.

 

RESOLUTION NO. 2006-10

 

            WHEREAS, on the 22nd day of November 2005, the City Council passed and approved Resolution No. 2005-198 authorizing the Mayor to execute an Agreement with Bamford Inc. allowing them to connect two separate premises legally described in the Agreement and located at 2815 West 24th Street; and

            WHEREAS, an error was found in the legal description when the City attempted to file the Agreement with the Buffalo County Register of Deeds that needs to be corrected.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the revised Agreement on behalf of the City of Kearney, Nebraska. A copy of the Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that Resolution No. 2005-198 be and is hereby repealed in its entirety.

            BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to file the Agreement with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve submitting a grant application to the Nebraska Department of Environmental Quality Waste Reduction and Recycling Incentive Grants Program to purchase an elevated recyclable sorting line to be used at the Kearney Area Recycling Center and approve Resolution No. 2006-11.

 

RESOLUTION NO. 2006-11

 

WHEREAS, the Utilities Department/Sanitation Division has requested the submission of a grant application to the Nebraska Department of Environmental Quality Waste Reduction and Recycling Incentive Grants Program to purchase an elevated recyclable sorting line to be used at the Kearney Area Recycling Center.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City be allowed to submit a grant application to the Nebraska Department of Environmental Quality Waste Reduction and Recycling Incentive Grants Program to purchase an elevated recyclable sorting line to be used at the Kearney Area Recycling Center.  A copy of the Grant Application, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute all necessary documents pertaining to the Grant Application.

            PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

14.        Approve Change Order No. 1 showing an increase in the amount of $5,000.00, Change Order No. 2 showing an increase in the amount of $57,926.00, and Change Order No. 3 showing a decrease in the amount of $12,279.67 submitted by Chief Construction Company for the construction of the Snow Removal Equipment (SRE) Building at the Kearney Municipal Airport and approve Resolution No. 2006-12.

 

RESOLUTION NO. 2006-12

 

WHEREAS, Chief Construction Company has performed services in connection with the construction of the Snow Removal Equipment (SRE) Building at the Kearney Municipal Airport, and have filed Change Order No. 1 showing an increase in the amount of $5,000.00, Change Order No. 2 showing an increase in the amount of $57,926.00, and Change Order No. 3 showing a decrease in the amount of $12,279.67 as shown on Exhibits “A”, “B” and “C”, respectively, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$715,875.00

            Change Order No. 1 (1-24-2006)

+    5,000.00

            Change Order No. 2 (1-24-2006)

+  57,926.00

            Change Order No. 3 (1-24-2006)

-   12,279.67

Contract Sum To Date

$766,521.33

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order Nos. 1, 2 and 3 as shown on Exhibits “A”, “B” and “C”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

15.        Approve the application for two Special Designated Licenses submitted by KEARNEY STEAK COMPANY, dba "Whiskey Creek" in connection with their Class IK35628 catering liquor license to dispense beer, wine, and distilled spirits in the Exposition Building and the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on February 21, 22, 23, 24, and 25, 2006 from 8:00 a.m. and 1:00 a.m. and on February 26, 2006 from 12:00 p.m. until 12:00 a.m. for the Cattlemen’s Classic.

 

16.        Approve the application for a Special Designated License submitted by KEARNEY STEAK COMPANY, dba "Whiskey Creek" in connection with their Class IK35628 catering liquor license to dispense beer, wine, and distilled spirits in the Great Platte River Road Archway Monument, 3060 1st Street, on February 22, 2006 from 4:00 p.m. and 1:00 a.m. for the Cattlemen’s Classic Social.

 

17.        Approve Resolution No. 2006-13 appointing members to fill the vacancies/expirations on the following Boards/Commissions: Advisory Board of Cable Commissioners and Examining Board for Plumbers.

 

RESOLUTION NO. 2006-13

 

            WHEREAS, Resolution No. 2005-96 calls for Citizen Board/Commission member appointments to be made by resolution submitted by the Mayor to the City Council for final approval; and

            WHEREAS, vacancies currently exist on certain Boards/Commissions.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the following persons, as proposed by the Mayor of the City of Kearney, Nebraska, are hereby appointed to the designated Boards/Commissions for the term indicated:

EXAMINING BOARD FOR PLUMBERS

            Kelly Tucker appointed to succeed Dan Odens to July 31, 2008

 

ADVISORY BOARD OF CABLE COMMISSIONERS

            Steve Lewis appointed to succeed Alan Jenkins to July 31, 2008

 

            BE IT FURTHER RESOLVED that this resolution shall be in full force and effect from and after its adoption. 

            PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.  CONSENT AGENDA ORDINANCES

 

None.

 

VI.  REGULAR AGENDA

 

ORDINANCE NO. 7234 – VACATE PORTION OF G & K ADDITION

 

Mayor Hadley stated that this ordinance pertains to Public Hearings 1, 2 and 3 which will remain on the table at the request of the applicant. Therefore, no action was taken.

 

ORDINANCE NO. 7235 – REZONE NORTH OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE

 

Mayor Hadley stated that this ordinance pertains to Public Hearings 1, 2 and 3 which will remain on the table at the request of the applicant. Therefore, no action was taken.

 

2004-2005 CITY AUDIT REPORT

 

Mayor Hadley opened for discussion the 2004-2005 Fiscal Year City Audit Report prepared by the accounting firm of McDermott & Miller.

 

Each year Mary Kalb of McDermott & Miller, P.C. presents the City of Kearney Annual Financial Report to the City Council.  Once again, Mary Kalb will be on hand to present the Annual Financial Report and to answer any questions that the Council Members or Administration may have.  The Council is asked to review the Annual Financial Report in order to become familiar with the financial condition of the City.

 

Mary Kalb from McDermott & Miller presented this matter to the Council. The MD&A (Management Discussion and Analysis) report tells everything about the City of Kearney.  After looking through it, she did not believe there was much that she could bring to the table to make it better.  This is the third year of the GASB 34 Report.  Before the report was prepared in this way, all the general and special revenue funds were reported on a cash basis.  The report did not reflect the accruals or the debt on a cash basis and full accrual for the enterprise funds.  Under GASB 34, everything was changed to full accrual. 

 

She reported on what has happened to the City of Kearney’s net assets over these three years.  This is the only time that they can compare them.  The average growth of the net assets (all assets in excess of all liabilities) has grown an average of 8 1/3 percent each year over that three-year period, which are good numbers.  The total revenue for the first year in that time period was a little over $33 million, last year a little over $37 million and in this current year was about $34 million.  There was a year in those three that had some unusual situations.  Over that time period, the property taxes average about four percent of the revenue and other taxes (sales and occupation taxes) average about 21 percent.  In that time period, the City’s expenses during the first year were $27 million, last year right at $27 million and this year a little over $27 million.  About 78 percent of the revenue was used for expenses.  Expenses have averaged less than one percent growth in each of those three years. This was quite remarkable and allows for the 8 1/3 percent growth in the assets when the revenues are greater than the expenditures every year.  In that same time period, the federal money three years ago was $2,800,000, last year $2,600,000 and in this year it was $1,000,000. 

 

Mayor Hadley asked if it is common in an entity this size that there is a lack of segregation of duties that the City does?  Ms. Kalb responded that this is a common practice in an entity the size of the City.  The reason it is stated there, goes back to the expenses increasing over a three-year period.  She pointed out that Administration has not really added many new people.  The people they have are very efficient and have always been really good.  If you have a person, such as the Finance Director, who does many different jobs, and this person was inclined to misappropriate they could do so and it would be difficult to find.  The Finance Director over the years has done many things to reduce the chance of anything happening and continues to find new ways.  Sometimes there is not much you can do and must rely on the integrity of management to do the right thing. 

 

Mayor Hadley asked Ms. Kalb if there is any area of the City that the City Council should be concerned about?  Ms. Kalb responded that the Sanitation Fund had less revenue than expenses.  She stated that in the enterprise funds, the point is that they should pay for themselves. The golf course was about even with revenue and expenses.  Revenue across the enterprise funds was down for 2005.  In McDermott & Miller’s analytical review in talking with the Finance Director and the Director of Utilities, they said that the weather has a lot to do with it so that explanation was sufficient.  Maintaining revenues in those areas is very important.  An enterprise fund is supposed to have revenue from services, such as sewer, water, landfill, golf.  Taxes would be the primary source for a general fund, such as general parks, police, fire, etc.   

 

Moved by Buschkoetter seconded by Hadley to accept the 2004-2005 Fiscal Year City Audit Report prepared by the accounting firm of McDermott & Miller. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Clouse and Kearney absent.  Motion carried.

 

REVIEW ONE & SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Hadley opened for discussion the One & Six Year Street Improvement Plan and set the public hearing for February 14, 2006 to adopt the One & Six Year Street Improvement Plan.

 

The Nebraska Department of Roads (DOR) annually requires the City of Kearney to submit One and Six Year Plans for street improvements. City staff is preparing the plans and is now at the stage for soliciting input from the City Council and the community. The proposed plan is presented at one meeting to give the City Council and community time to review it and propose changes prior to adopting the Plan following the public hearing on February 14, 2006.

 

City Engineer Bruce Grupe presented the proposed One and Six Year Plans to the Council. The proposed plans incorporate street improvements from the previous Six Year Plan, various new improvements related to community development needs, and other street/reconstruction needs.

 

He presented the following proposed One Year Plan:

 

Project                                                                                            Est.                  Est.

No.                   Location                                                                  Total Cost         City Cost

 

170

39TH STREET AND 17TH AVENUE INTERSECTION (Turn lanes)

$300,000

$300,000

267

39TH STREET FROM 2ND AVENUE TO 6TH AVENUE 1500 FEET

$1,200,000

$1,200,000

381

AVENUE N NORTH FROM 135' TO 1700' NORTH OF EASTBROOKE DR 1565 FEET

$800,000

$800,000

413

47TH STREET PLACE 6TH AVENUE EAST 475 FEET

$150,000

$150,000

414

4TH AVENUE FROM 44TH TO 48TH STREET 1225 FEET

$325,000

$325,000

415

AVENUE K FROM 13TH STREET TO 14TH STREET

$100,000

$100,000

416

11TH AVENUE FROM 8TH STREET NORTH 550 FEET

$150,000

$150,000

417

10TH STREET PLACE FROM 11TH AVENUE EAST 135 FEET

$50,000

$50,000

418

8TH STREET FROM 115 FEET WEST OF 11TH AVENUE 115 FEET

$50,000

$50,000

419

2ND AVENUE RAILROAD OVERPASS - DECK OVERLAY

$0

$0

420

AVENUE L FROM EASTBROOKE DRIVE TO 63RD STREET 650 FEET

$200,000

$200,000

421

AVENUE L PLACE FROM 63RD STREET NORTH 200 FEET CUL-DE-SAC

$80,000

$80,000

422

AVENUE L PLACE FROM EASTBROOKE DRIVE SOUTH 220 FEET CUL-DE-SAC

$80,000

$80,000

423

63RD STREET 135 FEET EAST AND 135 FEET WEST OF AVENUE L 330 FEET

$100,000

$100,000

424

EASTBROOKE DRIVE 135 FEET EAST AND 135 FEET WEST OF AVENUE L 330 FEET

$100,000

$100,000

436

63RD STREET PLACE FROM AVENUE P PLACE TO 450 FEET EAST CUL-DE-SAC

$110,000

$110,000

437

AVENUE Q PLACE FROM 63RD STREET PLACE SOUTH 200 FEET CUL-DE-SAC

$60,000

$60,000

438

AVENUE Q PLACE FROM 63RD STREET PLACE NORTH 120 FEET CUL-DE-SAC

$40,000

$40,000

439

52ND STREET FROM 3RD AVENUE  TO 2ND AVENUE  330 FEET

$80,000

$80,000

440

3RD AVENUE FROM 50TH STREET TO 52ND STREET 600 FEET

$160,000

$160,000

441

1ST AVENUE PLACE FROM TALMADGE SOUTH 360 FEET CUL-DE-SAC

$100,000

$100,000

442

8TH STREET FROM AVENUE D EAST 930 FEET

$240,000

$240,000

443

AVENUE E PLACE FROM 8TH STREET NORTH 325 FEET CUL-DE-SAC

$100,000

$100,000

444

AVENUE F FROM 8TH STREET SOUTH 150 FEET

$40,000

$40,000

445

AVENUE F FROM 8TH STREET TO 10TH STREET 600 FEET

$160,000

$160,000

 

The following is a schedule of the proposed Six Year Plan:

 

Project                                                                                            Est.                  Est.

No.                   Location                                                                  Total Cost         City Cost

 

143

25TH STREET (HIGHWAY 30) FROM AVENUE B TO AVENUE E 1100 FEET

$600,000

$120,000

166

39TH STREET FROM PONY EXPRESS TO 2ND AVENUE 1500 FEET

$2,800,000

$2,800,000

268

CHERRY AVENUE INTERSTATE INTERCHANGE & CHERRY AVE TO GLENWOOD

$34,600,000

$500,000

407

17TH AVENUE FROM 49TH STREET NORTH 600 FEET

$500,000

$500,000

410

39TH STREET FROM AVENUE F TO AVENUE M 1700 FEET

$1,200,000

$1,200,000

411

39TH STREET FROM PONY EXPRESS TO AVENUE F 2100 FEET

$1,600,000

$1,600,000

425

39TH STREET AND 2ND AVENUE SIGNAL

$200,000

$00

426

56TH STREET FROM 2ND AVENUE WEST TO 4TH AVENUE

$500,000

$500,000

427

CENTRAL AVENUE FROM 12TH STREET TO 16TH STREET

$1,300,000

$1,300,000

428

30TH AVENUE FROM 39TH STREET NORTH 2640 FEET

$800,000

$800,000

431

CENTRAL AVENUE FROM 26TH STREET TO 31ST STREET

$1,500,000

$1,500,000

432

CENTRAL AVENUE FROM 16TH STREET TO 18TH STREET

$1,000,000

$1,000,000

433

18TH STREET FROM CENTRAL AVENUE TO 1ST AVENUE

$400,000

$400,000

434

1ST AVENUE FROM 18TH STREET TO SOUTH RAILROAD STREET

$800,000

$800,000

435

AVENUE M FROM 11TH STREET SOUTH 250 FEET

$250,000

$250,000

446

11TH STREET FROM AVENUE M EAST 600 FEET

$450,000

$450,000

 

One of the long awaited projects is to re-deck the 2nd Avenue viaduct over the railroad tracks.  After many years of the City’s request, the Department of Roads is going to start that project this summer.  They will shut the traffic down on half the bridge and mill approximately 1½ to 2 inches of the concrete off and then lay a high density concrete overlay on the entire surface.  City Manager stated staff would talk to the State about the deteriorated railings, walkway and the lighting and have those corrected at the time the lanes are closed down.  Mr. Grupe stated that they have a meeting set with the Department of Roads and will bring this up as part of the project that we would like to see done.   Mayor Hadley wanted to clarify to the public that this project would be funded by the State because it belongs to them.  The $1 million cost will be taken care of by the State.  Mr. Grupe gave his opinion about approximately how long it should take to complete this project which was about 3-3½ months.  Mayor Hadley asked if Union Pacific Railroad would be notified not to schedule any track intersection closing during that time.  Mr. Grupe responded they do notify the City of any scheduled closings.  He stated the unfortunate thing is that if they do not go in and do that maintenance when the tracks settle, it hurts our crossings and makes it tough to get over them.    

 

Another project that for this year is 39th Street from 2nd Avenue to 6th Avenue.  They looked at doing 2nd Avenue from Avenue A to 6th Avenue but it became such a big project with so many complexities and utility conflicts on the portion east of 2nd Avenue, that it was decided that it would have to be done next year.  It was such a huge project that it may not get done in one year. 

 

Council member Lear asked if the City was following the recommendation of Olssen Associates as a part of that or does this deviate from their recommendation?  Mr. Grupe responded there was a concern of Olssen’s from an accident standpoint so the City is following their recommendation.  City Manager stated there will not be any work on 2nd Avenue.  Mr. Grupe stated that they have a meeting scheduled with the State concerning 39th Street and they will talk to them about extending the storage on 2nd Avenue. 

 

Council member Lear stated that there were a couple of elements increasing the left hand storage and putting in place right hand turn lanes.  Mr. Grupe responded that some right hand turn lanes on 2nd Avenue were recommended, but it would impose some huge restrictions on some of the businesses along there because the City does not have right-of-way.  Council member Lear asked if the City has contacted any of the businesses along there because he is familiar with one where the City might be able to get some right-of-way for right hand turns.  Mr. Grupe stated the City will be having a public meeting on the one the City is working on this summer in the near future.  In late March, staff wants to have a meeting with the businesses involved on the One Year Plan.  He will also do the same for next year’s projects to try and get ahead of that one. 

 

City Manager stated that the key is that the City needs to be pursuing whatever the study recommended or it would not have been money well spent.  Mr. Grupe stated the State reviewed the study and paid for half of it. Council member Buschkoetter stated that the Council is asking them to follow their own study since they paid for half. 

 

Another project is the gravel portion of Avenue N that is in the City limits.  The City has teamed with the County on this project, the City would be paving a 4-lane wide in the City limits and the County would be paving 2-lanes wide out to 78th Street.  They made this a joint project with the County to try and make it smoother for the public. 

 

Another project that will impact the public is a developer requested project on 4th Avenue from 44th Street to 48th Street.  This is the portion behind K-Mart that goes over that detention basin which will give the City a tie-in and help some of that traffic stay off 2nd Avenue and migrate behind K-Mart to Target in that area. 

 

Council member Lear stated as he has looked at other communities over the last year, such as Omaha, they are building either 3-lane or 5-lane and wanted to know if there were advantages to those over the 4-lane that the City typically puts in Kearney?  Mr. Grupe responded that 3-lanes are generally believed to have the capacity to carry the same amount of traffic as 4-lanes.  The problem with 3-lane is when you are not controlling the access on to it and you have a lot of traffic coming in from the abutting properties.  This is further complicated by numerous left hand turn movements.  They have always used the 4-lane because they always have enough right-of-way to build the 4-lanes. 

 

Director of Public Works Rod Wiederspan stated the City always looked at the 4-lane because it gives the ability to still get around if someone is turning left.  A 3-lane section does not necessarily work that way for a right or left hand turn movement.  The City has stayed with the 4-lane primarily because of the cost for a 5-lane section, which gets very costly.  He added that the City is planning to build a 5-lane on 39th Street from 6th Avenue to 2nd Avenue where there are several driveway access points and conflicts.  The City built a 3-lane section on Central Avenue coming from Talmadge Street.  The City used a combination of the two depending on where it was and what the traffic volumes were.  The City uses the 4-lane and puts in the left turn lanes at the busier intersections.  Council member Lear asked about other proposed 5-lane sections.  Director of Public Works stated that there will be a few 5-lane section coming off 2nd Avenue on 56th Street where w there will be business conflicts with their driveways.  Other than that, there were none proposed at this time.

 

City Engineer highlighted some of the project on the Six Year Plan that they hope to be completed in the next 2-3 years.  The first is a portion of 39th Street from Avenue A to Pony Express Lane and anticipated for the 2007 construction.  This was expanded one block over from the original plan, which works much better with the geometrics and the grades and make more sense to get through Avenue A.  Director of Public Works stated they plan to work through from the west going east with the first phase being from 6th Avenue to 2nd Avenue and then during winter construction a new signal at 39th Street can be placed and lengthen out those left turn lanes if the State will allow it.  The project would continue during the next construction season. 

 

Mr. Grupe stated the section they plan to do in 2006, west of 2nd Avenue would be done under traffic because there is enough right-of-way in the 5-lane section will allow the City to build that 2-lane on each side at a time and then fill the middle.  The section to be done in 2007 cannot be done under traffic because of the grade changes and the limited right-of-way.  It will need to have a detour around it.  It is planned to get a section of 25th Street between Avenue B and Avenue E done during 2007.   This section has been left out over the years and needs an upgrade.  The City has been working with the Department of Roads for several years on this section.  The City is looking at paying 20 percent and the state paying 80 percent.

 

During 2008, the City saw the need to start replacing 39th Street between Avenue N and 2nd Avenue.  They will do one portion in 2007 and start improving 39th Street in 2008 because they do not believe there is a lot of life span left in that roadway.  The reason for doing this section next is if they are going to be changing any storm sewers, they need to start on the bottom.  This is the reason they will be doing the piece from Avenue F to Avenue N. This will be 4-lane because there is not near the right-of-way and the homes in there do not allow the turning movements.   

 

There are some other projects at the end of the Six Year Plan that have been prioritized. One is Central Avenue that needs upgrading with additional storm sewers coming up to the downtown area, which is a continuation of the first portion of Central Avenue.  The other Central Avenue that is north of 25th Street needs an upgrade due to maintenance problems.  They would like to do some island landscaping between 26th Street and 31st Street.  Some of the other projects that need to be upgraded are major arterials to City standards; including 30th Avenue on the west side of Lighthouse Point, and a piece on 17th Avenue to a 4-lane, and also Avenue M and 11th Street. 

 

Council member Lear asked about sections of town with the old stand up curbs that need to be upgraded.  Director of Public Works stated they are starting to put together a plan to replace the stand up curbs around town and what that will entail.  Most of those on are asphalt roads so when you remove the curb and put back concrete it gets rather expensive.  They are also looking at ADA requirement for wheelchair ramps throughout the community.  These two projects will be more maintenance projects. 

 

City Manager stated on February 14th is a schedule of laying out the sales tax funding and starting a schedule of doing those types of projects that the City has not been able to do in the past.  In the sales tax plan, there will be funds set aside for different projects that have not been identified and are not on this One and Six Year Plan list.  This list must be submitted to the state.  They will bring some ideas for sales tax funds so the Council can prioritize other types of projects based on citizen input.  An example would be seeing a set amount of dollars set aside for ADA ramps, for parking lot improvement, for curbs, etc.  In the past, the Six Year Plan was not that meaningful because there were not funds to do what was on the list. They are now able to go with a two-year planning cycle to give Public Works Department the funds to work with.  He believed they would be able to bring back a good document with enough flexibility and funding, the Council could allocate for example $100,000 for curbs or sidewalks, etc.  They will do their best to provide that flexibility in the financing plan.  That is the piece that is missing right now. 

 

Mayor Hadley stated that he noticed that the Six Year list was smaller this time.  Director of Public Works commented that if they could not build it in six years, they took it off the list.  At one time, a developer was interested in doing Country Club Lane off of 39th Street so it was on the list for a number of years.  They have removed those projects that were projected developer projects.  There are developer requested districts that the City can build each year that are not on the list.  Part of the One Year list was built last year, but to catch up with the state reporting, we listed them at this time of year instead of amending the Six Year Plan that we submitted. 

 

Council member Buschkoetter stated that 17th Avenue overpass was one of the areas that the City looked at but have not done.  17th Avenue overpass was on the list for over six years because if someone was going to build a house on 17th Avenue, we wanted to give them as much fair warning that we are looking at this area.  He understood that we want to have a realistic Six Year Plan.  The money, even with the sales tax, is not there yet for 17th Avenue; however, he thought it would make sense to keep it on the list.  City Manager stated that they want to use another format for that purpose.  The City needs to separate what is submitted to the state because it is not very accurate and is confusing, but it is required.  The City needs to look at the Capital Improvement Plan for the next five-six years and create an ”identified but unfunded” category that would inform people that this has been discussed for several years with the understanding these projects might or might not happen.  This way projects will not get lost.  There have been comments in the past from developers, who saw a project on the list and expected it to be done that year, but it was not an accurate list.   

 

Council member Buschkoetter stated again that he wants to be fair to citizens, who will be affected in the 17th Avenue area.  Director of Public Works stated that they took 17th Avenue off the Six Year Plan, but did not take them off of their list.  Part of their Comprehensive Land Plan in their transportation portion still has that 17th Avenue overpass at that location.  City Manager stated that another tool that was talked about was having this on the website and any citizen requesting sales tax could look at this under the category “identified but unfunded” sales tax item.  He believed that would be a better citizen’s document that anyone could access.  Council member Buschkoetter commented that if that would be on public record for them, then anyone purchasing property on 17th Avenue would have access to that information.

 

Council member Lear reiterated that he would like some discussion on the concerns on 39th Street that the City is not going to follow exactly as Olsson Associates recommended.  Director of Public Works stated that there would a report on the right turn lanes they have considered from the study and will get them in wherever possible. 

 

Moved by Hadley seconded by Lear set the public hearing for February 14, 2006 to adopt the One & Six Year Street Improvement Plan. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear. Nay: None. Clouse and Kearney absent.  Motion carried.

 

OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT -- $54,005.48

 

Moved by Lear seconded by Buschkoetter that Open Account Claims in the amount of $54,005.48 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Clouse and Kearney absent. Motion carried.

 

VII.    REPORTS

 

INTRODUCTION OF NEW LIBRARY DIRECTOR

 

Assistant to the City Manager Amber Brown introduced to the Mayor and Council members Matthew Williams, the new Library Director.

 

PUBLIC INFORMATIONAL MEETING

 

Mayor Hadley reminded the Council members and people watching the meeting that the City would be holding a public informational meeting at the Harmon Park Activity Center of February 1, 2006 at 7:00 p.m. The purpose of the meeting is to discuss the future of the Harmon Park Activity Center.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Buschkoetter that Council adjourn at 7:53 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear. Nay: None. Clouse and Kearney absent. Motion carried.

 

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK