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Kearney, Nebraska

January 23, 2007

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on January 23, 2007, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Mary Kalb, Greg Urbanek, Don Dreyer, Dan Lynch, Mike Young, Ryan Ohri, Jason Koetters, Berry Sherman, Ruth Sajevic, Jane Musil, Gene Knaus, Marc Loescher, Kent Cordes, Bruce Grupe, Paul Wice from KGFW.

 

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 Clouse and Council members held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

A Boy Scout from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Clouse announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

 

OATH OF OFFICE – POLICE OFFICER ROBERT TAILLON, JR.

 

City Clerk administered the Oath of Office to Police Officer Robert Taillon, Jr.

 

RECOGNITION – VOLUNTEER PROGRAM AT POLICE DEPARTMENT

 

Mayor Clouse stated that he, Council members Lear and Buschkoetter had the opportunity to attend the recognition dinner in December for the Police Department volunteers.  He could not say enough about what the volunteers mean to our community.  He expressed appreciation from the members of the City Council to all the volunteers for all they do.

 

Police Chief Dan Lynch stated that annually there is a large group of volunteers who work at the Law Enforcement Center.  These people provide a tremendous amount of support and assistance for the LEC.  Their duties include data entry in records, screening tickets and a wide variety of other duties.  The amount of work they do is somewhat reflected in the figure of $12,758.00 listed on their check.  He believed their work is invaluable to the Police Department which also includes their chaplain’s program.  He took this opportunity to thank them publicly for the work they do.

 

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 Lammers that Subsections 1 through 16 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Emergency Meeting held on January 5, 2007 and Minutes of Regular Meeting held January 9, 2007.

 

2.         Approve the following Claims: Alamar Uniforms $3,414.46 smcs; Alltel $637.89 smcs; Amazon Credit Plan $801.32 smcs; Anderson,B $132.30 smcs; Associated Bag $193.72 smcs; Athey,M $8.52 smcs; Aurora Co-op $3,004.00 smcs; B&B Auto Glass $261.99 co; Baker & Taylor $2,282.24 smcs; Bamford $1,283.30 smcs; Bayside Golf $1,000.00 smcs; BBC Audiobooks $6.50 smcs; Beideck,J $145.77 smcs; Beisheim,S $99.20 smcs; Bluecross Blueshield $75,988.69 smcs; Bosselman $2,016.96 smcs; Boyd's Full Service $32.60 smcs; Brilliance Audio $86.89 smcs; Brodart $94.89 smcs; Brown,F $41.48 smcs; Bruce,K $49.84 smcs; Buffalo Co Attorney $18,750.00 smcs; Buffalo Co Court $209.56 ps; Buggy Bath Car Wash $2,000.00 smcs; Cash-Wa $77.60 smcs; Central NE Bobcat $584.01 co; Charter $54.99 smcs; City of Ky $75,535.44 smcs,ps; Coakley,G $24.36 smcs; College Savings Plan of NE $75.00 ps; Community Partners $20.00 smcs; Conner,D $27.27 smcs; Copycat Printing $3,896.42 smcs; Crocker & Company $163.50 smcs; Cryotech $13,379.00 smcs; Culligan $40.00 smcs; Custom Plastic Card $311.00 smcs; Data Power Technology $30,650.00 co; Dawson Co PPD $2,500.75 smcs; Dell $2,279.50 co; Depository Trust $102,541.48 ds; Dome Lounge $15.00 smcs; Eakes $694.93 smcs; Ecolab $29.00 smcs; Eifert,A $23.09 smcs; Essink,L $3.81 smcs; Eustis Body Shop $140.00 smcs; Expression Wear $382.50 ps; Farmers Union Coop $1,158.50 smcs; Fearnley,M $227.80 smcs; Foster,D $107.80 smcs; Frontier $8,304.11 smcs; Galls $177.96 smcs; Garrett Tires $1,683.32 smcs; Gaylord Brothers $33.78 smcs; GI Family Radio $250.00 smcs; Gibreal,B $29.02 smcs; Gove,J $35.33 smcs; Great Plains One Call $138.34 smcs; Guideposts $67.76 smcs; HD Supply Waterworks $6,206.60 smcs; Hebb,D $14.25 smcs; Henstead,T $12.10 smcs; Highland Park $1,510.76 smcs; Highsmith $197.19 smcs; Hogg,G $14.90 smcs; Houlihan Electric $110.00 smcs; Hunt,S $22.00 smcs; Hydrologic $175.00 smcs; ICMA RC $2,839.88 ps; IRS $102,618.00 ps; Jack Lederman $1,080.76 smcs; Johnson,P $130.00 smcs; Ky Chamber Comm $12.00 smcs; Ky Clinic $1,059.00 smcs,ps; Ky Concrete $561.89 smcs; Ky Crete & Block $125.00 smcs,co; Ky High Log $120.00 smcs; Ky Hub $400.00 smcs; Ky Humane Society $7,200.00 smcs; Ky Towing $45.00 smcs; Keating, O'Gara, Nedved $1,537.58 smcs; Kirkham Michael $11,116.22 co; Klaus,M $35.00 smcs; Konica Minolta $171.36 smcs; Krolikowski,T $9.28 smcs; Larsen,K $47.92 smcs; Lasertec $269.97 smcs; Laughlin,K $180.00 ps; Law Enforcement Training $250.00 smcs; League of NE Municipalities $295.00 smcs; Linweld $49.61 smcs; Lukasiewicz,M $16.66 smcs; Lumbergs $9.56 smcs; Magic Cleaning $910.00 smcs; Mail Express $1.14 smcs; Marlatt Machine Shop $135.73 smcs; MAS Modern Marketing $321.36 smcs; Mattley Advertising $45.00 smcs; McCarty,D $43.25 smcs; Menards $441.25 co; Midlands Contracting $30,698.54 smcs; Midwest Laboratories $2,659.90 smcs; Miller & Associates $8,045.90 smcs,co; Minitex $881.00 smcs; Mocic/Slatt $200.00 smcs; Moonlight Embroidery $1,730.00 smcs; MSI System Integrators $65,153.02 co; Muchow,A $20.98 smcs; NE Aviation Council $70.00 smcs; NE Child Support $2,393.96 ps; NE Dept Environmental $14,099.55 smcs; NE Dept of Roads $224.75 co; NE Fire Administrative $30.00 smcs; NE Golf Assn $62.45 smcs; NE Law Enforcement $50.00 smcs; NE Library Assn $32.00 smcs; NE Supreme Court $128.40 smcs; NE Truck Center $44.91 smcs; NE Workforce Development $3,146.00 ps; Nelson,V $32.91 smcs; Northwestern Energy $17,433.93 smcs; Ocean Systems $12,940.00 co; O'Keefe Elevator $512.01 smcs; OMB Police Supply $2,446.78 smcs,co; Paramount $91.67 smcs; Patterson,B $54.02 smcs; Peerless $3,807.23 smcs; Pep $51.10 smcs; Pepperball Technologies $2,265.99 smcs; Petersen,J $23.39 smcs; Phillips,J $11.90 smcs; Pitney Bowes $1,504.00 smcs; Platte River Radio $150.00 smcs; Platte Valley Comm $6,239.29 smcs,co; Polk City Directories $308.50 smcs; Presto-X $239.00 smcs; Quill $161.80 smcs; Random House $88.00 smcs; Ready Mixed Concrete $722.74 smcs,co; Reed,C $4.38 smcs; Regional Books $20.68 smcs; Republic Beverage $99.32 smcs; Salter,J $27.93 smcs; Sapp Brothers Petroleum $19,287.80 smcs; Scantron $1,597.00 smcs; Sensus $1,200.00 smcs; Sheldon,S $132.30 smcs; Shirt Shack $16.28 smcs; Simpson,J $36.44 smcs; Snap-On Tools $91.26 smcs; Solid Waste Agency $42,922.74 smcs; State of NE/Dept Aeronautic $2,095.00 er,ds; Sterling Distributing $67.68 smcs; Tangeman,W $74.97 smcs; Tielke Enterprise $36.96 smcs; Tool Doctor $27.50 smcs; Triangle Metals $5.00 smcs; Turner Body Shop $90.00 smcs; Tye & Rademacher $9,616.14 smcs; Uldrich,M $48.15 smcs; Village Uniform $157.00 smcs; Wessels,W $55.35 smcs; West $1,062.30 smcs; Wilkins Hinrichs Stober $6,923.16 co; Zimmerman Printing $210.00 smcs; Payroll Ending 01-06-2007 -- $288,855.84.  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 13, 2007 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the application for two Special Designated Licenses submitted by CONCORD NEIGHBORHOOD CORP, dba "Applebee's Neighborhood Grill & Bar" in connection with their Class I55213 liquor license to dispense beer and distilled spirits in the Exposition Building and the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on February 19, 20, 21, 22, 23, 24, 2007 from 11:00 a.m. and 1:00 a.m. and on February 25, 2007 from 12:00 p.m. until 7:00 p.m. for the Nebraska Cattlemen’s Classic.

 

5.         Approve the application submitted by Ronald Huss to extend Conditional Use Permit No. 1978-01 to locate a manufactured home for security purposes located at 1202 West 19th Street for a period of one year.

 

6.         Approve the application submitted by Ronald Huss to extend Conditional Use Permit No. 2006-06 to stockpile snow and manure at 1202 West 19th Street for a period of one year.

 

7.         Approve the application for a Special Designated License submitted by DOUGLAS HOOS, dba “Tubs Pub” in connection with their Class CK-282 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N on March 10, 2007 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

8.         Approve the application for a Special Designated License submitted by ALLEY ROSE OF KEARNEY INC., dba “Alley Rose” in connection with their Class IK-21763 liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway Monument, 3060 East 1st Street on February 17, 2007 from 6:00 p.m. until 12:00 a.m. for a wedding reception and dance.

 

9.         Approve Change Order No. 1 showing an increase in the amount of $10.00, Application and Certificate for Payment No. 2-Final in the amount of $18,725.90, and Certificate of Substantial Completion submitted by Midlands Contracting and approved by Miller & Associates in connection with the 2006 Part V Improvements – Bid A consisting of Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates   and approve Resolution No. 2007-13.

 

RESOLUTION NO. 2007-13

 

WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part V Improvements – Part A consisting of Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $10.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 2-Final in the amount of $18,725.90 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$84,100.00

            Change Order (1-23-2007)

+      10.00

Contract Sum To Date

84,110.00

Gross Amount Due

84,110.00

Retainage

.00

Amount Due to Date

65,384.10

Less Previous Certificates for Payment

  65,384.10

Current Payment Due

$18,725.90

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of January 2, 2007, 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. 2-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve Application and Certificate for Payment No. 1 in the amount of $88,399.80 submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2006 Part V Improvements – Bid B consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates and approve Resolution No. 2007-14.

 

RESOLUTION NO. 2007-14

 

WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2006 Part V Improvements – Bid B consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $88,399.80 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$290,138.00

            Change Order – None

             .00

Contract Sum To Date

290,138.00

Gross Amount Due

98,222.00

Retainage

9,822.20

Amount Due to Date

88,399.80

Less Previous Certificates for Payment

             .00

Current Payment Due

$88,399.80

 

            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 23RD DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve Change Order No. 1 showing a decrease in the amount of $1,935.00, Application and Certificate for Payment No. 2-Final in the amount of $14,215.64, and Certificate of Substantial Completion submitted by Midlands Contracting and approved by Miller & Associates in connection with the 2006 Part IX Improvements – Bid A consisting of Water District No. 2006-546 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows  and approve Resolution No. 2007-15.

 

RESOLUTION NO. 2007-15

 

WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part IX Improvements – Bid A consisting of Water District No. 2006-546 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $1,935.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 2-Final in the amount of $14,215.64 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$28,502.00

            Change Order (1-23-2007)

-  1,935.00

Contract Sum To Date

26,567.00

Gross Amount Due

26,567.00

Retainage

.00

Amount Due to Date

26,567.00

Less Previous Certificates for Payment

    12,351.36

Current Payment Due

$14,215.64

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of December 31, 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. 2-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve Application and Certificate for Payment No. 2 in the amount of $35,172.79 submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2006 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2006-913 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows and approve Resolution No. 2007-16.

 

RESOLUTION NO. 2007-16

 

WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2006 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2006-913 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $35,172.79 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$207,128.00

            Change Order – None

             .00

Contract Sum To Date

207,128.00

Gross Amount Due

85,562.00

Retainage

8,556.20

Amount Due to Date

77,005.80

Less Previous Certificates for Payment

   41,833.01

Current Payment Due

$35,172.79

 

            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 23RD DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

13.        Approve Application and Certificate for Payment No. 4 in the amount of $56,608.20 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. 2007-17.

 

RESOLUTION NO. 2007-17

 

            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. 4 in the amount of $56,608.20 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

748,292.43

Retainage

74,829.24

Amount Due to Date

673,463.19

Less Previous Certificates for Payment

   616,854.99

Current Payment Due

$   56,608.20

 

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

            PASSED AND APPROVED THIS 23RD DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

14.        Approve the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK-39105 catering liquor license to dispense beer, wine and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on February 10, 2006 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

15.        Approve Change Order No. 1 showing an increase in the amount of $300.00 and Change Order No. 2 showing an increase in the amount of $5,577.50 submitted by Hausmann Construction and approved by Wilkins Hinrichs Stober Architects in connection with the Harmon Park Activity Center and approve Resolution No. 2007-18.

 

RESOLUTION NO. 2007-18

 

WHEREAS, Hausmann Construction has performed services in connection with the construction of the Harmon Park Activity Center, and the City's architect, Wilkins Hinrichs Stober Architects, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $300.00 and Change Order No. 2 showing an increase in the amount of $5,577.50 as shown on Exhibits “A” and “B”, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$1,644,000.00

            Change Order No. 1 (1-23-2007)

            Change Order No. 2 (1-23-2007)

+         300.00

+      5,577.50

Contract Sum To Date

$1,649,877.50

 

            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 and 2 as shown on Exhibits “A” and “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF JANUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

16.        Approve the appointment of Stan Clouse and Bruce Lear to serve on the Buffalo County Economic Development Council; the appointment of Randy Buschkoetter to serve on the Kearney Area Visitors Bureau, the reappointment of Sherry Morrow to serve on the Kearney Area Solid Waste Agency; and the reappointments of Bill McMullen, Tim Loewenstein, Ron Hendrickson, Randy Buschkoetter and Bob Lammers to serve on the Joint Airport Zoning Board.

 

V.    CONSENT  AGENDA  ORDINANCES

 

Chapter 16 of the Nebraska Revised Statutes sets out the rules by which water, sewer and paving districts may be created by public entities.  The Council has the authority to create districts and make improvements and assess the costs to the property that is benefited by the improvements. The Mayor and Council, by ordinance, shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes.  At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City.  After publication, if the owners of record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done.  If objections are not filed against the district in a timely manner that meets the law, the Mayor and Council shall proceed to construct such improvements.

 

Item Nos. 1, 2 and 3 pertain to the development of 16th Street from Avenue M east 747 feet.  The City received a letter from two property owners requesting paving, water and sewer improvements for this area. With regard to Items 4, 5 and 6, the City also received letters from property owners requesting paving 14th Street from 6th Avenue to 9th Avenue and for 9th Avenue from 13th Street to 14th Street and from 16th Street to 19th Street.

 

The streets requested to be improved are graveled streets.  In accordance with the City’s paving assessment policy (Resolution No. 2006-103), residential properties that have graveled streets wherein the special assessments would be paid as follows: 50 percent by special sales tax funds and the other 50 percent would be assessed against the property in the district or available grant funds.  Therefore, these property owners have requested districts so that when special sales tax funds are available, the districts have already been requested and they would be line for available funding.

 

ORDINANCE NO. 7317 – PAVING DISTRICT NO. 2007-914

 

Council Member Lammers introduced Ordinance No. 7317, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2007-914 for 16th Street from Avenue M east a distance of 747± feet, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7317 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7317 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7317 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.

 

ORDINANCE NO. 7318 – WATER DISTRICT NO. 2007-547

 

Council Member Lammers introduced Ordinance No. 7318, being Subsection 2 of Agenda Item V to create Water District No. 2007-547 for 16th Street from Avenue M east a distance of 747± feet, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7318 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7318 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7318 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.

 

ORDINANCE NO. 7319 – SEWER DISTRICT NO. 2007-489

 

Council Member Lammers introduced Ordinance No. 7319, being Subsection 3 of Agenda Item V to create Sanitary Sewer District No. 2007-489 for 16th Street from Avenue M east a distance of 747± feet, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7319 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7319 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7319 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.

 

ORDINANCE NO. 7320 – PAVING DISTRICT NO. 2007-915

 

Council Member Lammers introduced Ordinance No. 7320, being Subsection 4 of Agenda Item V to create Paving Improvement District No. 2007-915 for 14th Street from 6th Avenue to 9th Avenue, 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7320 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7320 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7320 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.

 

ORDINANCE NO. 7321 – PAVING DISTRICT NO. 2007-916

 

Council Member Lammers introduced Ordinance No. 7321, being Subsection 5 of Agenda Item V to create Paving Improvement District No. 2007-916 for 9th Avenue from 13th Street to 14th Street, 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7321 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7321 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7321 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.

 

ORDINANCE NO. 7322 – PAVING DISTRICT NO. 2007-917

 

Council Member Lammers introduced Ordinance No. 7322, being Subsection 6 of Agenda Item V to create Paving Improvement District No. 2007-917 for 9th Avenue from 16th Street to 19th Street, 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7322 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7322 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7322 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

 

2005-2006 CITY AUDIT REPORT

 

Mayor Clouse opened for discussion the 2005-2006 Fiscal Year City Audit Report prepared by the accounting firm of McDermott & Miller.

 

Mary Kalb from McDermott & Miller presented this matter to the Council.  She stated the Finance Director Wendell Wessels wrote this report and the auditors added their opinions and the Federal Schedule of Financial Assistance. 

 

Ms. Kalb stated this is the fourth year that Mr. Wessels has prepared the GASB 34 Report in this format.  In prior years, the propriety funds or enterprise funds were presented in full accrual, but the governmental funds were presented on the cash basis.  When GASB 34 came in, all these funds were all converted to accrual and combined to give a picture that is very similar to any other business. One of the most important statements of that report is the statement of net assets.  Net assets of the City of Kearney are assets in excess of liability.  As of October 1, 2002, there were $94 million; net assests and at the end of 2006 there were $126 million.  Over that four-year period, the net assets have increased an average of 8.5 percent which is very close to the average over three years.  Last year the increase was eight percent so it has been very consistent.  The total revenue over this four-year period has averaged 4.2 percent and expenses were 2.5 percent.  The revenue has grown greater than expenses which allowed net assets to grow over that time period.  Of the total revenues that the City receives for services and taxes, property taxes average four percent of revenues per year (consistently over the years), and sales taxes and occupation taxes averaged 21 percent per year ( also consistent).  There will be some change in the next year because of the increase in the sales tax. 

 

In this current year, the City received $3,300,000.00 of federal monies which is considerably over last year’s which was about $1,000,000.00, but is more in tune with what is usually received.  Of this $3,300,000.00 of Federal monies $1,950,000.00 went to the Airport and $750,000.00 went to highway construction all of which passed through the Department of Transportation.  Ms. Kalb commended Mr. Wessels and his staff for a great job on the report again this year. 

 

Moved by Buschkoetter seconded by Clouse to accept the 2005-2006 Fiscal Year City Audit Report prepared by the accounting firm of McDermott & Miller. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

REVIEW ONE & SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Clouse opened for discussion the One & Six Year Street Improvement Plan and set the public hearing for February 13, 2007 to adopt the One & Six Year Street Improvement Plan.

 

City Engineer Bruce Grupe presented the One Year Plan.

                                                                                                               Estimated       Estimated

Project No.                    Location                                                              Total Cost       City Cost

 

170

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

$300,000

$300,000

166

39TH STREET FROM PONY EXPRESS TO 2ND AVENUE

$2,900,000

$2,900,000

425

39TH STREET AND 2ND AVENUE SIGNAL

$730,000

$730,000

448

60TH STREET FROM 4TH AVENUE TO 135' WEST OF 6TH AVENUE

$260,000

$260,000

449

4TH AVENUE FROM 550' NORTH OF 60TH STREET TO 760' NORTH OF 60TH STREET 210'

$55,000

$55,000

450

67TH STREET FROM AVENUE N TO 150' WEST OF AVENUE M

$88,000

$88,000

451

69TH STREET FROM AVENUE N TO 150' WEST OF AVENUE M

$88,000

$88,000

452

AVENUE M FROM 67TH STREET TO 69TH STREET

$150,000

$150,000

453

AVENUE M PLACE FROM 69TH STREET NORTH CUL-DE-SAC

$50,000

$50,000

454

46TH STREET PLACE FROM 520' WEST OF 6TH AVENUE WEST 680' CUL-DE-SAC

$190,000

$190,000

455

10TH AVENUE FROM 46TH STREET PLACE SOUTH

$190,000

$190,000

456

11TH AVENUE FROM 230' SOUTH OF 45TH STREET PLACE NORTH

$360,000

$360,000

457

9TH AVENUE FROM 10TH AVENUE SOUTH

$110,000

$110,000

458

9TH AVENUE PLACE FROM 10TH AVENUE NORTH 260' CUL-DE-SAC

$70,000

$70,000

459

45TH STREET PLACE FROM 10TH AVENUE TO 320' WEST OF 11TH AVENUE CUL-DE-SAC

$200,000

$200,000

460

PALAMINO ROAD FROM 11TH AVENUE WEST

$60,000

$60,000

461

SOUTH CENTRAL AVENUE CURBS AND SIDEWALKS

$500,000

$500,000

462

2ND AVENUE FROM 11TH STREET SOUTH TO CITY LIMITS

$400,000

$400,000

463

AVENUE I FROM 14TH STREET TO 15TH STREET

$88,000

$88,000

464

AVENUE D FROM 11TH STREET TO 13TH STREET

$188,000

$188,000

465

14TH STREET FROM AVENUE I TO AVENUE K

$75,000

$75,000

466

COUNTRY CLUB LANE FROM 35TH STREET NORTH

$250,000

$250,000

467

36TH STREET FROM COUNTRY CLUB LANE EAST 250' CUL-DE-SAC

$65,000

$65,000

468

36TH STREET FROM COUNTRY CLUB LANE WEST 750' CUL-DE-SAC

$210,000

$210,000

472

COUNTRY CLUB LANE FROM 520' NORTH OF 35TH STREET TO 39TH STREET

$400,000

$400,000

473

56TH STREET AND AVENUE N SIGNAL

$150,000

$150,000

 

The Department of Roads will begin the overlay project for 2nd Avenue from 11th Street south all the way to the City limits (Interstate).  This will include some upgrades to the medians and lighting which will enhance the entryway to the City.  The 56th Street and Avenue N signal will be worked on this summer to get it up and running before school starts. 

 

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

                                                                                                               Estimated       Estimated

Project No.                    Location                                                              Total Cost       City Cost

 

268

CHERRY AVENUE INTERSTATE INTERCHANGE & CHERRY AVE TO GLENWOOD

$5,000,000

$5,000,000

407

17TH AVENUE FROM 49TH STREET NORTH

$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

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

469

9TH AVENUE FROM 16TH STREET TO 19TH STREET

$275,000

$275,000

470

9TH AVENUE FROM 13TH STREET TO 14TH STREET

$75,000

$75,000

471

14TH STREET FROM 6TH AVENUE TO 9TH AVENUE

$300,000

$300,000

143

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

$120,000

$120,000

447

25TH STREET HIGHWAY 30) FROM AVENUE I TO AVENUE L

$65,000

$65,000

474

56TH STREET FROM 100' EAST OF AVENUE Q EAST

$300,000

$300,000

 

Mr. Grupe stated the Six Year Plan is a federally mandated program that the City has to present and file with the State.  The State only allows certain items to be listed. The Cherry Avenue bypass is one of the big projects on the Six Year Plan.  56th Street around 11th Street and Avenue M has not been extended out to the City limits and there is a need to do that over the next six years. The Department of Roads has programmed some work on Highway 30 and 25th Street from Avenue B to Avenue E and another segment from Avenue I to Avenue L.  Further out on the Six Year Plan is the need to continue Central Avenue improvements north of 12th Street and get some of that storm sewer brought up to the downtown area.

 

The City currently has requests for seven blocks of the gravel streets around 9th Avenue.  City Manager Michael Morgan commented this is on the consent agenda of this meeting to make a decision about how to schedule them in some systematic way, so it is fair to people as they come in.  There needs to be a method to evaluate who was first and go ahead and create the districts. 

 

City Manager also commented that years ago the Six Year Plan list was much longer and did not reflect what the City was really going to do.   It was decided that it was more appropriate to list only the projects that the City was planning to accomplish.  People perceived that if it was on the list that it was going to be done which was misleading.  They tried to reflect all the projects that are going to happen as perceived today.

 

Council member Lammers asked about the time frame for getting the signal at 56th Street and Avenue N.  City Engineer stated there are very limited suppliers that can supply the type of poles required for the signal.  The wait time from order to delivery is about 3-6 months depending on where they are on orders.  They have the engineer working on some preliminary numbers and will order them.  We are going to order those poles up front and the City is going to pay for them and supply them when the project is bid.  These usually would be included in the bid, but they want to expedite the process.  The signals will definitely be up by the time school starts.

 

City Manager commented that depending on what the neighborhood wants to accomplish later this school year, the City has committed the Police Department to assist at that crossing.  The goal is attainable for next school year.

 

Council member Lear asked for updates about the curb and gutter projects in the older residential neighborhoods.  City Engineer stated some of those are programmed.  Cost wise, these are not on the Six Year Plan because it is usually for new upgraded roadways.  City Manager stated those kinds of projects will be reflected in the future sales tax years and it is extremely expensive.  They did a test this year with one particular area and they had a hard time determining where to stop.  It is a challenge to determine who goes first.  They did not put it on the list because they do not know for sure when it can be done.  Mayor Clouse stated the difference in the funding for this plan is versus the miscellaneous things the does with the sales tax dollars. 

 

City Manager stated the One and Six Year Plan deals with streets more than curb and gutter or sidewalks.  The City has funds set aside in a special sales tax over the coming years for those smaller types of improvements. Included in the basic improvements, the City is providing some connecting links in sidewalks.  They have miscellaneous street repairs and that number grows over the 4-5 years to almost $400,000 which is a major increase.  They have the gravel street work which is right at $1.8 million through 2012 and curbs and sidewalks at $500,000 in that first 5-6 years which is not enough, but it is a start. 

 

City Manager stated the City has additional planning tools that are used for Capital Improvement Projects so that is why there is not a lot of that work listed on the Plan.  South Central Avenue curbs districts and the gravel streets will be created this year, but will not be done until next year or later.   

 

Council member Lammers asked if they have a set platform for identifying the areas of town for sidewalks, etc. that might be repaired in the future.  City Manager stated that sidewalk repair is generally a responsibility of the property owner and not the City.  Curb and gutter is a little different situation.  The City is currently working on missing sidewalks.  A development may have occurred 25 years ago and for some reason sidewalks were not put in.  There is a stretch on 11th Street where they could go a great distance with the exception of one or two houses.  They are trying to come up with a method of deeming those cases. 

 

Council member Lammers stated there is an area in need of a significant amount of paving of sidewalks on 39th Street around 11th Avenue by the schools.  Director of Public Works stated they have money in there for the ADA wheelchair ramps and will primarily start on the arterial and collector streets where the heavier traffic patterns are and then move into the residential streets in the future.

 

Moved by Clouse seconded by Kearney to set the public hearing for February 13, 2007 to adopt the One & Six Year Street Improvement Plan. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

PLANS AND SPECIFICATIONS FOR 39TH STREET FROM 2ND AVENUE TO PONY EXPRESS ROAD

 

Mayor Clouse opened for discussion the Plans and Specifications for the construction of 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road 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 for February 20, 2007 at 2:00 p.m.

 

The City is ready to advertise and receive bids for the construction of the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road 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.  This project will reconstruct all four lanes of 39th Street reducing the steep grades, add a right turn lane at 2nd Avenue, add a left turn lane for Central Avenue north, add left and right turn lanes for Avenue A, and add a traffic signal at the intersection of 39th Street and Avenue A.  The Engineer’s Opinion of Probable Construction Cost ranges between $2,000,000 and $2,500,000.  The work involved east of Avenue A is scheduled to be completed before July 31, 2007 with the remainder of the project scheduled to be completed before December 15, 2007.

 

Kent Cordes from Miller & Associates presented this matter to the Council.  There will be a pre-bid meeting on February 8th which the interested contractors are encouraged to attend since this is a large and complicated project.  After approval, they anticipate beginning construction on March 15, 2007 with substantial completion on the east end of the project in July and total completion in December 2007.  They will be adding a right turn lane on 39th Street and 2nd Avenue as well as extending the stacking distance on a left turn lane on 2nd Avenue at 39th Street and widening the road in general.  This will affect some of the accesses to the businesses.  Mr. Cordes stated they have met with those business owners and they are aware of this project.  However, they have not acquired all the land they need at this point. 

 

As they move further to the east, there will be a left turn lane to Central Avenue north and a right turn lane to Avenue A south.  There will also be a left turn lane to Avenue A south on the next portion of the project.  They will be rebuilding a portion of Avenue A to the south to tie into the new grade.  The street improvement that everybody will notice in this area is the reduction in slope and the flattening of that street to a more consistent grade continuing past Kearney Catholic High School. They will have to do some work on the driveways into Kearney Catholic in order to match those back into grade.  Avenue A will be signalized. 

 

Mayor Clouse asked how it will affect the entrances into the housing development on the north side of 39th Street.  Mr. Cordes stated that one of their driveways will be repaired and reconstructed to flatten out a little.  They have been in contact with many of the residents in that housing development who have expressed some concerns about different aspects of the project.  There is currently a U-shaped driveway that is only used as a through access which will be eliminated and the pavement will be removed.  This U-shaped driveway does not access 39th Street.  There is access for the residences around the north side of the buildings.   

 

Council member Lear asked why there is a protected left turn median in the Pony Express area instead of a five “chicken lane” type design.  Mr. Cordes stated that they have to tie back into the existing 4-lane pavement at Pony Express.  They believed this was the best way to get their tapers back and meet standards by the time they get to that full 5-lane section. The only left turn they are protecting for the north is to that housing complex.  Most of the traffic will be traveling westbound on 39th Street turning south on Avenue A.  The reason they went with a painted median is to allow people to make that turn access so it would not be blocked by a raised median and would still have access in there.

 

Director of Public Works stated they had talked to the residents about putting in a left turn lane for them, but they did not want it to look like a public street for access purposes.  This is what they preferred to have which gives them the ability to turn in there, but not make it look like a public street which might alleviate some of the traffic that would cut through their development. 

 

Council member Kearney asked if there will still be 10½ feet of fill on 39th Street.  Mr. Cordes confirmed that and stated there will be an area that will reflect a retaining wall that will have nearly 12 feet of fill on the road.  They will start out matching grade and end up with considerable fill that zeros out at some point and as it continues east it actually cuts that hill down.  The Central Avenue intersection is actually going to be about five or six feet higher then it is now.  By the time it gets to Central Avenue it will be a couple feet lower than what it currently is now.  At this time, there is still some negotiations going on with the land owners on the north to potentially eliminate those accesses. They could use a green space sloped area median that would have some benefits to them and meet some current code requirements if they ever wanted to do some expansion, although they would lose a little bit of parking.  At this time, the plans include the retaining wall, but it could change if those businesses agree to allow the sloped green space.  Some pavement will need to be removed on the driveway to the north of 39th Street that has a steep slope and will be fairly flat and about level with the parking lot when completed.  Mr. Cordes stated there are storm sewers that are not reflected on their drawings at this time that will also be affected.

 

Moved by Clouse seconded by Kearney to approve the Plans and Specifications for the construction of 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road 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 for February 20, 2007 at 2:00 p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS: NPPD - $53,015.50 , PLATTE VALLEY STATE BANK - $47,190.84

 

Moved by Kearney seconded by Lammers that Open Account Claims in the amount of $53,015.50 payable to Nebraska Public Power District, and in the amount of $47,190.84 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Lammers, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

ICE STORM UPDATE

 

City Manager Michael Morgan commended the City staff and Blessing Construction on their assistance in the storm clean up. They did an excellent job and couldn’t imagine the situation if they had not gotten that done before the snow fell last weekend.  They are hopeful for a weekend without bad weather as he was certain that the City’s overtime costs are climbing a little.  Director of Finance attended a meeting and obtained some background on the strategy to request disaster funds.  It will take some time to sort it out.  The disaster funds are available, but if we had to rely on them immediately, we would be in trouble.  They will come to us much later in the process.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 7:44 p.m. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK