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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