Kearney, Nebraska
November 28, 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
November 28, 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, Don Kearney, Stan Clouse, and Bruce Lear.
Absent: None. Michael W. Morgan, City Manager; Michael Tye, City
Attorney; Amber Brown, Assistant to City Manager; Wendell Wessels, Director of
Finance and Administration; Kirk Stocker, Director of Utilities; and Rod
Wiederspan, Director of Public Works were also present. Some of the citizens
present in the audience included: Dan Spiers, Bart Langenberg, Bob Lammers,
Tony Jelinek, Tim Lowe, 16 students from UNK, Paul Wice from KGFW Radio.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council
and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance
notice and in the notice to the Mayor and City Council. All proceedings
hereafter shown were taken while the meeting was open to the attendance of the
public.
I.
ROUTINE BUSINESS
INVOCATION
Reverend Doug Shada from Cornerstone Berean Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Ian Jelinek from Troop
158 led the Council members and audience in the Pledge of Allegiance.
ANNOUNCEMENT
Mayor Hadley announced that in
accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy
of the Open Meetings Act is available for review and is posted towards the back
of the Council Chambers.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
None.
IV.
CONSENT AGENDA
Moved by Kearney seconded by
Clouse that Subsections 1 through 12 of Consent Agenda Item IV be approved.
Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held November 14, 2006.
2.
Approve the following Claims: Ace Industrial Supply $299.10 smcs; Aflac
$2,207.10 ps; All Makes Auto $49.90 smcs; AWWA $1,677.00 smcs; Aurora Coop
Elevator $151.92 smcs; Bamford $247.22 smcs; Berens-Tate Consulting $2,000.00
smcs; Blessing $107,527.50 co; Bluecross Blueshield $117,478.31 smcs; Bob's
Superstore $2,557.40 smcs,ps; Bosselman $514.00 smcs; Boyd's Full Service
$38.20 smcs; Broadfoot's $1,752.20 smcs; Buffalo Co Court $331.06 ps; Buffalo
Surveying $56.00 smcs; Cash-Wa Distributing $102.15 smcs; Central States Wire
$3,057.14 smcs; Chad $24.00 ps; Charter $54.99 smcs; Chemguard $506.04 smcs;
Chessmore,L $20.83 smcs; City of Ky $174,832.87 ps; College Savings Plan of NE
$75.00 ps; Conseco Life Insurance $29.00 ps; Copycat Printing $106.04 smcs;
Cordova,T $108.00 smcs; Crossroads Ford $76.16 smcs; Cummins Central Power
$479.04 smcs; CVI Ky $305.27 smcs; D&D Industries $74.00 co; Data
Technologies $2,944.76 smcs; Dawson Co PPD $11,499.73 smcs; Dell $1,295.87 co;
Depository Trust $61,362.50 ds; Eakes Office Plus $29.21 smcs; Elliott $97.57
smcs; Fedex $65.16 smcs; Frontier $8,363.44 smcs; Giles,M $4,000.00 smcs; HDSWW
$752.38 smcs; Heartland Transmission $85.00 co; Hill,M $34.64 smcs; Holmes
Plumbing $9.55 smcs; ICMA $3,898.22 smcs,ps; Intellicom Computer $760.00 co;
IRS $92,340.78 ps; Jack Lederman $782.03 smcs; JR's Air Sanitation $2,226.00
smcs; Ky Chamber Commerce $240.00 smcs; Ky Clinic $1,017.00 smcs,ps; Ky Concrete
$64.75 smcs; Ky Hub $2,769.78 smcs; Ky Towing $250.00 smcs; Ky United Way
$492.24 ps; Ky Visitors Bureau $19,957.18 smcs; Ky Winlectric $169.10 smcs;
KHAS-TV $900.00 smcs; Koetters,J $35.10 smcs; Konica Minolta $51.12 smcs;
Laughlin,K $180.00 ps; LARM $1,804.98 smcs; Lewis,D $35.10 smcs; Lewis,N
$256.00 smcs; Lockmobile $6.00 smcs; Loskill,D $10,000.00 smcs; Magic Cleaning
$1,500.00 smcs; Maines Electric $145.00 smcs; Manary,M $182.50 smcs; Metlife
$5,415.41 ps; Midwest Laboratories $1,790.00 smcs; Miller Signs $207.44 smcs;
Morton,J $100.00 smcs; Moss & Barnett $9,701.88 smcs; Municipal Emergency
$432.52 smcs; NE Child Support $2,498.42 ps; NE Dept of Aeronautics $995.00 ds;
NE Dept of Environmental $231,205.59 smcs.ds; NE Dept of Revenue $27,887.90 ps;
NE Safety & Fire $95.00 smcs; New World Systems $48,000.00 smcs; Novus
$35.00 smcs; Overhead Door $67.95 smcs; Paramount $100.20 smcs; Parker,
Grossart, Bahensky $1,961.00 smcs; Payflex Systems $408.00 ps; Platte River
Radio $250.00 smcs; Platte Valley Comm $431.53 smcs; Presto-X $55.00 smcs;
Resh,G $75.00 smcs; Resource Management $2,483.78 smcs; Respond First Aid
Systems $397.95 smcs; RKI Instruments $2,446.62 smcs; Rycom Instruments
$3,816.45 smcs; Schaben Industries $5,558.00 smcs; S-F Analytical $683.00 smcs;
Sign Center $1,825.00 co; Snap-On Tools $102.85 smcs; Solid Rock $2,786.00
smcs; Theis,G $23.08 smcs; Trans-American $3,700.00 co; Turner Body Shop
$773.40 smcs; United Rentals $11,360.00 co; WPCI $599.50 ps; Payroll Ending
11-11-2006 -- $272,947.50. 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 December 12, 2006 at
7:00 p.m. as date and time for hearing on those applications where applicable.
4.
Approve the T-Hangar Lease Agreement for B-6 and small office area at the
Kearney Municipa l Airport between the City of Kearney and Harold Sindt and
approve Resolution No. 2006-212.
RESOLUTION NO.
2006-212
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 T-Hangar B-6
Lease Agreement, on behalf of the City of Kearney, Nebraska, with Harold Sindt,
a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part
hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE
E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
5.
Authorize Administration to proceed with the permanent installation of traffic
signals at the intersection of 56th Street and Avenue N traffic.
6.
Approve Application and Certificate for Payment No. 2 in the amount of
$144,748.80 submitted by Sargent Drilling Co. and approved by Miller &
Associates for the Northwest Well Field Development – Phase I (Municipal Water
Wells) and approve Resolution No. 2006-213.
RESOLUTION NO.
2006-213
WHEREAS, Sargent Drilling Co. of Broken Bow, Nebraska has performed services in
connection with the Northwest Well Field Development; Phase I – Municipal Water
Wells, and the City's engineer, Miller & Associates, have filed with the
City Clerk Change Application and Certificate for Payment No. 2 in the amount
of $144,748.80 as shown on Exhibit “A” attached hereto and made a part hereof
by reference and as follows:
|
Original Contract Sum
|
$2,364,294.50
|
|
Change Order – None
|
.00
|
|
Contract Sum to Date
|
2,364,294.50
|
|
Gross Amount Due
|
252,232.00
|
|
Retainage
|
25,223.20
|
|
Amount Due to Date
|
227,008.80
|
|
Less Previous Certificates for
Payment
|
82,260.00
|
|
Current Payment Due
|
$
144,748.80
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 2, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF
THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
7.
Approve the Agreement with Kearney Hub to block off six parking stalls in front
of their building, 13 East 22nd Street on November 30, 2006 from 4:00 p.m.
until 9:00 p.m. for hayrack rides through downtown Kearney.
8.
Approve Application and Certificate for Payment No. 2 in the amount of
$59,433.99 submitted by Midlands Contracting, Inc. and approved by Miller &
Associates for the 2006 Part III Improvements – Bid A consisting of Water
District No. 2006-543 for 11th Avenue from the south line of Rapp Addition
south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of
Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates
Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2,
Park View Estates Third; Water District No. 2006-544 for 17th Avenue from 14th
Street south to 11th Street; Sewer District No. 2006-486 for 11th Avenue from
the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th
Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of
Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1
of Block 1 and Lot 1 of Block 2, Park View Estates Third; Sewer District No.
2006-487 for 17th Avenue from 14th Street south to 11th Street and approve
Resolution No. 2006-214.
RESOLUTION
NO. 2006-214
WHEREAS,
Midlands Contracting, Inc. of Kearney, Nebraska has performed services in
connection with the 2006 Part III Improvements – Part A consisting of Water
District No. 2006-543 for 11th Avenue from the south line of Rapp Addition
south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of
Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View
Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of
Block 2, Park View Estates Third; Water District No. 2006-544 for 17th Avenue
from 14th Street south to 11th Street; Sewer District No. 2006-486 for 11th
Avenue from the south line of Rapp Addition south to its terminus in a
cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block
3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place
as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third;
Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th
Street, and the City's engineer, Miller & Associates, have filed with the
City Clerk Application and Certificate for Payment No. 2 in the amount of
$59,433.99 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$307,098.50
|
|
Change Order No. 1 (11-14-2006)
|
+
5,875.00
|
|
Contract Sum To Date
|
312,973.50
|
|
Gross Amount Due
|
306,985.40
|
|
Retainage
|
30,698.54
|
|
Amount Due to Date
|
276,286.86
|
|
Less Previous Certificates for
Payment
|
216,852.87
|
|
Current Payment Due
|
$ 59,433.99
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 2, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
9.
Approve Application and Certificate for Payment No. 1 in the amount of
$243,671.42 submitted by Dan Roeder Concrete, Inc. and approved by Miller &
Associates for the 2006 Part III Improvements – Bid B consisting of Paving
Improvement District No. 2006-909 for 11th Avenue from the south line of Rapp
Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot
2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View
Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of
Block 2, Park View Estates Third; Paving Improvement District No. 2006-910 for
17th Avenue from 14th Street south to 11th Street and approve Resolution No.
2006-215.
RESOLUTION
NO. 2006-215
WHEREAS, Dan
Roeder Concrete, Inc. of Kearney, Nebraska has performed services in connection
with the 2006 Part III Improvements – Part B consisting of Paving Improvement District
No. 2006-909 for 11th Avenue from the south line of Rapp Addition south to its
terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1
and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th
Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View
Estates Third; Paving Improvement District No. 2006-910 for 17th Avenue from
14th Street south to 11th 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 $243,671.42 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$468,655.00
|
|
Change Order – None
|
.00
|
|
Contract Sum To Date
|
468,655.00
|
|
Gross Amount Due
|
270,746.02
|
|
Retainage
|
27,074.60
|
|
Amount Due to Date
|
243,671.42
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$243,671.42
|
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. 1, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF
THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
10.
Approve Application and Certificate for Payment No. 1 in the amount of
$75,211.20 submitted by Blessing, LLC and approved by Miller & Associates for
the 2006 Part IV Improvements consisting of Paving Avenue K from 13th Street to
14th Street, off-street parking at Nina Hammer Park, the installation of
sidewalks along the south and west sides of Nina Hammer Park, installation of
sidewalk along the north side of 11th Street from Avenue B to Avenue M, and on
the west side of Avenue M from 11th Street to 17th Street and approve
Resolution No. 2006-216.
RESOLUTION
NO. 2006-216
WHEREAS,
Blessing, LLC of Kearney, Nebraska has performed services in connection with
the 2006 Part IV Improvements consisting of Paving Avenue K from 13th Street to
14th Street, off-street parking at Nina Hammer Park, the installation of
sidewalks along the south and west sides of Nina Hammer Park, installation of
sidewalk along the north side of 11th Street from Avenue B to Avenue M, and on
the west side of Avenue M from 11th Street to 17th 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 $75,211.20 as shown on
Exhibit “A” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$144,816.75
|
|
Change Order – None
|
.00
|
|
Contract Sum To Date
|
144,816.75
|
|
Gross Amount Due
|
83,568.00
|
|
Retainage
|
8,356.80
|
|
Amount Due to Date
|
75,211.20
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$75,211.20
|
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. 1, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
11.
Approve Change Order No. 3 showing an increase in the amount of $24,766.55, and
Application and Certificate for Payment No. 5 in the amount of $133,409.04
submitted by Midlands Contracting, Inc. and approved by Miller & Associates
for the 2006 Part II Improvements consisting of Water Connection District No.
2006-1 for Avenue A from 8th Street to vacated 10th Street and approve
Resolution No. 2006-217.
RESOLUTION
NO. 2006-217
WHEREAS,
Midlands Contracting, Inc. of Kearney, Nebraska has performed services in
connection with the 2006 Part II Improvements consisting of Water Connection
District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street, and
the City's engineer, Miller & Associates, have filed with the City Clerk
Change Order No. 3 showing an increase in the amount of $24,766.55 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. 5 in the amount of $133,409.04 as shown on Exhibit
“B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$374,841.38
|
|
Change Order No. 1 (7-25-2006)
Change Order No. 2 (8-22-2006)
Change Order No. 3 (11-28-2006)
|
+
7,515.00
+
463.00
+ 24,766.55
|
|
Contract Sum To Date
|
407,585.93
|
|
Gross Amount Due
|
386,901.09
|
|
Retainage
|
19,345.05
|
|
Amount Due to Date
|
367,556.03
|
|
Less Previous Certificates for
Payment
|
234,146.99
|
|
Current Payment Due
|
$133,409.04
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Change Order No. 3 as shown on
Exhibit “A”, and Application and Certificate for Payment No. 5 as shown on
Exhibit “B”, be and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
12.
Approve Change Order No. 1 showing an increase in the amount of $10,657.62,
Application and Certificate for Payment No. 4-Final in the amount of $65,860.91
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. 2006-218.
RESOLUTION
NO. 2006-218
WHEREAS,
Blessing, LLC of Kearney, Nebraska 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; and 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 Change Order No. 1 showing an
increase in the amount of $10,657.62 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. 4-Final in the amount of $65,860.91 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$200,101.60
|
|
Change Order No. 1 (11-28-2006)
|
+ 10,657.62
|
|
Contract Sum To Date
|
210,759.22
|
|
Gross Amount Due
|
210,759.22
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
210,759.22
|
|
Less Previous Certificates for
Payment
|
144,898.31
|
|
Current Payment Due
|
$ 65,860.91
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of November 6, 2006, as shown by Exhibit “C” attached
hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as
shown on Exhibit “A”, Application and Certificate for Payment No. 4-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 28TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
V.
CONSENT AGENDA ORDINANCES
ORDINANCE NO. 7312 – AMEND
SECTIONS 9-209, 9-721, AND 9-1045
The City of Kearney requires
building contractors, electricians and plumbers to provide a Certificate of
Insurance showing liability insurance. In reviewing the Code, it was
noted that the City was also requiring the City be named as an additional
insured. This requirement has been on the books since 1980 and it is not
needed. Therefore, Ordinance No. 7312 removes the language naming the
City as an additional insured and clarifies the language pertaining to
liability coverage. These amendments are merely a housekeeping matter.
Council Member Clouse introduced
Ordinance No. 7312, being Subsection 1 of Agenda Item V to amend the following
sections of Chapter 9 “Public Works”: Section 9-209 “Contractors; Certificate
of Insurance” of Article 2 “Building Code Generally” to delete the requirements
that the City is to be named as an additional insured and workers’ compensation
and to clarify the language pertaining to the requirement of public liability
insurance; to amend Section 9-721 “Electricians; Certificate of Insurance” of
Article 7 “Electricity” to delete the requirement that the City is to be named
as an additional insured and to clarify the language pertaining to the
requirement of public liability insurance; and to amend Section 9-1045
“Plumbers; Certificate of Insurance” of Article 10 “Plumbing Code” to clarify
the language pertaining to the requirement of public liability insurance, and
moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member Lear
seconded the motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7312 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Lear seconded by Buschkoetter
that Ordinance No. 7312 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7312 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
VI.
REGULAR AGENDA
PLANS AND SPECIFICATIONS FOR 2007
PART I IMPROVEMENTS
Mayor Hadley opened for
discussion the Plans and Specifications for the construction of 2007 Part I
Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane
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 and set the bid opening date of December 19,
2006 at 2:00 p.m.
The City is ready to advertise
and receive bids for the construction of the 2007 Part I Improvements – 39th
Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements being a
portion 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. The Engineer’s Opinion of Probable Construction Cost ranges
between $200,000 and $500,000. The work involved to reconstruct the
traffic signals is scheduled to be completed prior to May 1, 2007. The
work involved for construction of the right turn lanes is scheduled to be
completed prior to June 30, 2007.
Director of Public Works Rod
Wiederspan presented this matter to the Council. This is the next phase of the 39th Street project that is ready to go out for bids. This project will consist of the
right hand turn lane off of 39th Street. Last year’s improvements went
west on 39th Street which excluded the right hand turn lane and the right
hand turn lane off of 2nd Avenue and the right hand turn both east and
westbound off of 2nd Avenue. Last fall City staff extended the left hand
turn lane on 2nd Avenue north of 38th Street. The left hand turn lane
will also be extended on 2nd Avenue to the north. The four traffic signal
poles need to be set to put up the new signals. They will be working on
this during the winter so that in the spring when the next phase of this 39th Street project going east is started that they will be able to switch the traffic over
to the new controller and move the other utilities out of the way. This
project is being broken into phases so they can complete it in a timely
manner. The big portion going east will take the entire construction
season to build. They want to get started as quickly as they can in the
spring.
For the portion on the east, the
City plans to come back in with plans and specs for Phase III later in January
in order to begin construction on it towards May 1. The concrete work for
the turn lanes with this project and everything that is included with 2nd Avenue is covered by one permit with the State and they have one contractor that will be
working in the State right-of-way. The contract for the east portion is
off of the State right-of-way and basically the State will not be involved with
that portion.
Last year when the City
negotiated the right-of-way for the portion going west they talked to the
property owners on the north. They did acquire enough right-of-way to
build the right-hand turn lane. They also acquired enough right-of-way to
the south to build the turn lanes in the future. They have talked to the
property owner to the north (Phase II) about the impact on his property and
hand delivered an offer to him today and also to one of the two property owners
on the south. They will continue to talk with Tim Lowe who owns property
on the south. They have been working with these property owners to make
the least impact on their property, but get the project built.
The conversations with the
property owners on the previous project will continue for the next 30 days or
more in order to work through those issues. If an agreement cannot be
reached they will need to go into condemnation and that would not take place
until the December 26th Council Meeting. In the meantime, they are
working to try to get that resolved beforehand.
Bart Langenberg, owner of the
southeast corner property (Nick’s Gyros), stated that he was not aware that a
proposal was delivered at his office today. He was not in his office when
the proposal was delivered. He asked if the amount of the proposal was
available at the meeting. Director of Public Works stated he did not have
a copy with him. Council member Lear asked if Mr. Langenberg was aware of
the project. He read about it in the newspaper the night before. He
did confirm that he had met with City staff once before regarding this
issue. One of his concerns was that they had to comply with the ten
percent green space requirement before they could get their building permit for
Nick’s Gyros along 2nd Avenue. It would be equitable for the all the
owners up and down 2nd Avenue to be “grandfathered in” and not be required to
have the ten percent green space. His project was completed about a year
ago and spent a substantial amount of money putting in that green space.
Director of Public Works stated
that they are always willing to install landscaping with a project. When
they did the west side by SunMart, they added some landscaping and plan to add
more where the rock was. The Cellar has also talked about trying to get
some more landscaping. They are looking at getting some landscaping on
some of the islands. They want to get as much landscaping in as they can
without jeopardizing the parking he will need for his tenant. They are
going to be willing to work with the property owners to get that landscaping
done.
City Manager Michael Morgan
stated that this meeting only sets the schedule. The only action that
will be approved tonight will be setting the bid for this phase. The
property owners will have plenty of opportunity for more input. There
might be some subtle changes that property owners would want to see get
accomplished. That process will be ongoing until it comes back to the
Council for bid award. The project costs include some of the
additional costs outside the bid. He was aware of some negotiations going
on with the property to the north (even with other property owners) about
egress. They will continue to let that process proceed.
Council member Buschkoetter asked
Mr. Langenberg if he understood what is possible. Mr. Langenberg
commented he had not been in good communication with the City staff and
believed he had gotten his present concern addressed. Mayor Hadley stated
he wanted all the businesses along 2nd Avenue to know that the Council does
care about the impact that this project has on them and will do whatever they
can to work with them.
Director of Public Works stated
that they had a public meeting for the property owners to the east and showed
them the project. As they get closer to their property and how they are
going to be impacted they will continue to work closely with them to limit
those issues.
Moved by Buschkoetter seconded by
Hadley to approve the Plans and Specifications for the construction of 2007
Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn
Lane 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 and set the bid opening date of December 19,
2006 at 2:00 p.m. Roll call resulted as follows: Aye: Hadley, Lear, Clouse,
Kearney, Buschkoetter. Nay: None. Motion carried.
OPEN ACCOUNT CLAIMS: NEBRASKA
PUBLIC POWER DISTRICT - $55,555.72; FREMONT NATIONAL BANK - $40,324.61
Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $55,555.72 payable to Nebraska Public
Power District and in the amount of $40,324.61 payable to Fremont National Bank
be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter.
Nay: None. Clouse and Lear abstained. Motion carried.
VII.
REPORTS
COMPREHENSIVE REVITALIZATION GRANT
UPDATE
Assistant to City Manager Amber
Brown gave an up date of the specifics that were done with the CDGB Block Grant
for southeast Kearney. All of the sidewalks were finished by filling in
the gaps from 4th Avenue to Avenue M on the north side of 11th Street.
The trail was continued from 16th Street to 11th Street with an 8-foot
sidewalk. Avenue K was paved from 13th Street to 14th Street and some
parking was added for Nina Hammer Park. The sidewalks were filled in on
the west and south sides of Nina Hammer Park. Those projects have been
completed in Phase I.
After the project was finished,
they discovered that the cost was significantly less than the bid and the
engineers estimate. Blessing Construction also did an outstanding job,
that the project is eight months ahead of schedule. There is about
$150,000 left to spend from Phase I. The plan is to start Phase III to
fill in the missing sidewalk and put in ADA curb ramps. It was decided to
go with Phase III because Phase II involves paving four roads. They
decided they can get a better price if they do the sidewalks as opposed to
doing the paving of the streets one year and the rest the next year. The
timeline for Phase II is to have the design completed in January 2007, Council
approval in February, and construction to start in April with an estimated
completion in 60 days.
City Manager Michael Morgan added
that would mean Phases I and III would be completed before Phase I was required
to be completed. If there were funds remaining once Phase II is completed,
they would look at other eligible gravel streets, etc. in the designated area
the following year.
PUBLIC HEARING NOTIFICATION
PROCESS FOR PLANNING COMMISSION
City Manager Michael Morgan
stated that during the previous Council meeting, the notice requirements
regarding Planning Commission items were discussed. State law does
stipulate there are two ways of notification: posting a notice and by
publication in the paper which the City currently does. It also discusses
a 300-foot notification to affected property owners from any point in the area
boundary of the property being rezoned, which we have not done in the past.
City staff has researched this with comparable cities in Nebraska and the other
cities follow both provisions and follow that notification procedure.
They actually require the developer to provide and certification of that
notification. They believed that is an excellent idea and based on the
Council concerns thought they would be in agreement. Since it affects
them the most it would be appropriate to take this back to the Planning
Commission and present this option to them. The other cities have
indicated that it is fairly straightforward. Developers do it as a matter
of routine and with the GIS system in place, it is fairly easy. The City
is then protected from any liability by the certification process when the
developers stipulate they have completed that notification.
FINAL PLATS – LEGAL DESCRIPTIONS
City Manager Michael Morgan
stated there was a lively debate on legal descriptions and legal ownership at
the last Council meeting and how that process work. The City Clerk and
others are working on a report that will be presented for the Council’s review
at a future meeting.
VIII.
ADJOURN
Moved by Kearney seconded by Clouse
that Council adjourn at 7:24 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
GALEN D.
HADLEY
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK