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
