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Kearney, Nebraska

January 25, 2005

7:00 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:00 p.m. on January 25, 2005 in the Council Chambers at City Hall. This meeting adjourned at 7:12 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:13 p.m. in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant 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: Jane Musil, Ruth Sajevic, Mary Kalb, Jerry Idt, Julie Keough, Nick Keough, Dan Lynch, Don Dreyer, Joe Dreyer, Richard Stacy, Bill Podraza, Marvion Reichert, Tim Pritts, Ken Tracy, Bob McCoy, Gary Story, Bruce Grupe, Dave Jenner from KGFW Radio.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Michael Shields from Evangelical Free Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Daniel Gibbs and Ryan Sparks led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – JERRY THOMPSON

 

Mayor Hadley and Council Members recognized Jerry Thompson for 20 years of service with the Utilities Department. He was presented a Resolution of Commendation.

 

RECOGNITION – JULIE KEOUGH

 

Mayor Hadley and Council Members recognized Julie Keough for 15 years of service with the Police Department. She was presented a watch.

 

ORAL COMMUNICATIONS – POLICE DEPARTMENT SENIOR VOLUNTEER PROGRAM

 

Ruth Sajevic stated that this is the tenth year of the volunteer program and if they totaled up all the years of volunteerism it would be total approximately $100,000.00.  The volunteers are very happy to have been a part of this program.  Chief Lynch and Steve Lamken started the volunteer program ten years ago. Mike Shada became interested in it and he got all of his “coffee cronies” interested and they decided this was a good project.  She believes that the law enforcement here in Kearney is really outstanding.  She presented their check in the $13,024.00 representing the work they have done during 2004.

 

Chief of Police Dan Lynch stated that although he says this every year, he again wanted to say that this is an arbitrary value that they have put on the volunteers regarding the number of hours they put in.  He did not believe that this comes anywhere close to the value of what they do for the Law Enforcement Center.  He said it is nice to have 15-16 grandmas and grandpas at any given time especially for the younger employees, who have the opportunity to interact with them.  He stated no matter how big the check is, it can never be enough to thank them for what they do.

 

ORAL COMMUNICATIONS – BUFFALO COUNTY ECONOMIC DEVELOPMENT COUNCIL ANNUAL REPORT

 

Ron Tillery, President of the Buffalo County Economic Development Council, presented their Annual Report to the Council.  In 2004, the Development Council began the development of a new strategy to firmly establish the greater Kearney area, including Buffalo County, as Nebraska’s opportunity capital.  The process began a couple of months ago in a strategic planning retreat they held at UNK, which Chancellor Christensen and Mayor Hadley hosted. They began the process to go through a re-evaluation of how things are done now and in the past and how things should be in the future.  They want to incorporate the best practices from around the country and from here in Nebraska.  They will weave those into the unique collaborative approaches that they have always used with a great deal of success in Kearney.  The result is a structure and a plan that we believe positions Buffalo County to be successful for another 20 years.  Planning for success rather than just hoping for success, leads to better and sustainable results over the long term.  Details about the strategy and the plan are included in the report that was presented to the Council. 

 

In addition to their focus on strategic planning during 2004, they strengthened their investment in advertising, targeted communications and development of their capacity to attract new investment into the community.  They have seen investments by corporations are being influenced by specialists in the site selection consulting arena.  In 2004, they stepped up their efforts to reach that market and to communicate more effectively with them.  In particular they strengthened their ability to communicate with them and provide information using technology.  They were pleased to report that those efforts in 2004 are paying real dividends.  Generally speaking over the entire fourth quarter of 2004, they saw significantly higher activity levels relating to recruitment and importation of businesses into the community.  

 

He also talked about other measurements of their market’s performance over the past year.  Property valuation in Buffalo County has increased 5.8 percent to just over $2.33 billion.  The City’s valuation increased 8.2 percent to $1.18 billion. During 2004, the jobs they have created as a community and Buffalo County increased 5.6 percent for a total of 1,464 jobs and in Kearney increased 5.5 percent for 995 new jobs.  These numbers indicated very aggressive growth in the job arena far outstripping the growth in population, which suggests that they have a lot of people commuting into our market place.  This indicated there is room for growth in the housing development area to capture some of those people commuting in for these jobs. 

 

Retail sales through September (compared to the same period last year) Kearney $374 million, an increase of 5.9 percent, Buffalo County retail sales $403 million, an increase of 6.2 percent.  The construction year was strong.  They are putting mechanisms to track construction trending figures throughout the County in the future.  Kearney construction was $61.125 million, which is down from last year, but there were a couple of very large projects in 2003 that helped the community set a record year of about $86 million.  2004 can still be considered a strong year because it exceeded the five-year average which is at $56.5 million. 

 

They are very appreciative of the partnership they have with the City of Kearney, Buffalo County and the Kearney Area Chamber of Commerce that enables them to work together for the economic and overall well being of this region.  Portions of this report are typically posted on their website.  These postings include the labor studies, the wage and benefit studies and the entire economic indicator tracking reports that are in the report.  

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

SYDNEY’S LIQUOR LICENSE AND MANAGER APPLICATIONS

 

Mayor Hadley opened the public hearing on the application for a Class “C” (Spirits, Wine and Beer, On and Off Sale) Liquor License submitted by PRITTS, LLC, dba “Sydney’s” located at 1010 3rd Avenue, consider the application for Corporate Manager of Timothy Blake Pritts, and to consider Resolution No. 2005-4.

 

Council member Lear vacated his chair and abstained from voting on this matter for the reason the restaurant banks with Platte Valley State Bank.

 

Tim Pritts presented this matter to the Council. He and his wife recently purchased Sydney’s and operating under a temporary license. He worked at the Lodge Restaurant for nine years before this purchase. The Kearney Police have been in contact with them regarding training.  Mr. Pritts stated that they have a few new employees, who will need training and they want to make sure that they get the right training. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the application for a Class “C” (Spirits, Wine and Beer, On and Off Sale) Liquor License submitted by PRITTS, LLC, dba “Sydney’s” located at 1010 3rd Avenue, approve the application for Corporate Manager of Timothy Blake Pritts, and approve Resolution No. 2005-4. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Lear abstaining. Motion carried.

 

RESOLUTION NO. 2005-4

 

            WHEREAS, PRITTS, LLC, dba “Sydney’s” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘C’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License to do business at 1010 3rd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, PRITTS, LLC, dba “Sydney’s” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Timothy Blake Pritts; and

            WHEREAS, a hearing was held relating to said application on January 25, 2005; and

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘C’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License to PRITTS, LLC, dba “Sydney’s” located at 1010 3rd Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Timothy Blake Pritts.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Clouse that Subsections 1 through 13 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held January 11, 2005.

 

2.         Approve the following Claims: Ace Hardware $227.28 Various; Advance Auto Parts $14.86 Su; Agent Fee $22.00 Tr; Air Transportation $1,397.00 Serv; Alltel $195.65 Serv; Amazon $23.74 Bks; Amer Backflow Prevention Assoc $60.00 Dues; Amer Electric $645.55 Serv; AWWA $68.00 Tr; AMZ Superstore $531.92 Various; Andersen Wrecking $40.00 Bks; ANHA Bookstore $30.45 Bks; Anixter $127.62 Su; APA Conference $822.00 Tr; APA Hotel Deposit $150.00 Tr; Applebee's $150.00 Serv; Appliance Service Center $419.95 Su; Arbuckle, G $15.93 Ref; Atco Mfg $281.88 Su; Baker & Taylor $1,512.56 Bks; Barney Abstract $570.00 Serv; Bell, M $2.73 Ref; Big Flag $1,488.15 Various; Blessing $1,080.00 Serv; Bloomfield, C $10.70 Tr; BlueCross BlueShield $49,917.74 Claims; Bob's Super Store $62.59 Su; Bosselman $16,218.88 Inv; Brown Traffic Products $6,708.50 Serv; Buffalo Co Court $264.06 Serv; Buggy Bath $66.50 Rep; Builders $1,501.32 Various; Campbell Pet $34.90 Serv; Capstone Press $149.16 Bks; Cary, M $31.05 Ref; Casey's General $8.34 Tr; Cash Wa $224.90 Inv; CDW Govt $210.23 Su; CED Ent $222.75 Su; Cellar $175.00 Serv; Centaur Ent $281.41 Various; Central Auto $280.30 Inv; Central Dist Health Dept. $1,926.00 Su; Central Hydraulic $635.60 Various; Central NE Bobcat $21.37 Su; Chartwells $306.00 Serv; Christianbook.Com $222.87 Bks; City of Ky $71,922.61 Various; Clark Enersen $2,207.93 Serv; Clipper Herald $37.40 Bks; Cold Spring Granite $87.12 Su; College Savings Plan $50.00 Ded; Colorid Ribbons $135.00 Su; Computer Hardware $490.00 Various; Computer Pros $25.98 Su; Control Masters $48.50 Rep; Copycat $405.26 Various; CPI Mfg $85.96 Su; Crossroads $319.59 Various; Culligan $622.43 Various; Cummins Great Plains $641.96 Inv; Curtis, N $36.64 Ref; D&M Security $54.00 Rep; Dannehl's Feed $60.70 Su; Davis Sun Turf $211.55 Rep; Dawson Co PPD $11,353.30 Serv; Debraal, E $25.09 Ref; Dell $2,721.50 Various; DEMCO $48.88 Su; Diamond Vogel $36.72 Su; Diesel Power Equipment $30.31 Inv; Donrowe $236.00 Inv; Don's Pioneer Uniform $107.00 Various; DPC $4,102.38 Su; Dubs $89.99 Su; Dultmeier $137.88 Inv; Dutton-Lainson $290.04 Various; Dytrych, D $40.78 Ref; E&S Tool $31.25 Su; Eagle Computer Systems $1,064.66 Su; Eagle Trailer $65.02 Su; Eakes $1,304.69 Various; Earl May $45.95 Various; Ebattery $191.00 Su; Ecolab $27.00 Su; ED M. Feld Equipment $77.00 Rep; EFI Wright Sales $287.83 Su; Eichhorst, J $20.00 Ref; Eileen's $56.75 Su; Elliott Equipment $92.58 Su; English, C $106.38 Tr; Envirotech $185.80 Su; Expression Wear $370.76 Su; Fairbanks Intl $2,761.39 Various; Farmers Union $750.15 Various; Fastenal $126.63 Various; Fausch, C $30.78 Ref; Fedex $122.79 Pstg; Fiddelke Heating $337.60 Su; Fireguard $27,631.20 Various; Follett's Bookstore $9.00 Bks; Footjoy $105.56 Inv; FORE! Reservations $1,100.00 Lease; Frame Shop $135.00 Su; Freburg, N $184.62 Ded; Frontier $7,573.39 Serv; G.Neil $31.23 Su; Galls $654.80 Various; Garrett Tires $100.50 Various; Gear for Sports $504.00 Inv; General Binding $810.13 Serv; Gillen, A $18.00 Ref; Glockmeister $431.00 Various; Goodwill $39.94 Su; Graham Tire $5.75 Su; Grainger.Com $422.40 Su; Grand Central IGA $28.63 Various; Great Plains One-Call $197.28 Serv; Grupe, B $28.52 Tr; Hach $65.19 Rep; Handy Shop $26.21 Tr; Highsmith $19.12 Su; Hitschfel Inst $50.20 Su; Hobby Lobby $62.36 Su; Holiday Inn $72.00 Tr; Holiday Stationstore $33.78 Tr; Holmes Plbg $472.80 Various; Hosier Supply $531.53 Su; IAPE $50.00 Dues, Bks; ICMA $532.00 Dues, Bks; ICMA RC $3,349.39 Ded; IRS $100,831.73 Ded; J&A Traffic Products $3,823.75 Su; Jack Lederman $314.50 Various; Johnson Comm College $929.00 Tr; Johnstone Supply $61.21 Su; Jupiterimages $119.90 Su; K&K Auto Parts $1,888.80 Various; Kayton Electric $7,115.00 Serv; Ky Area Chamber of Commerce $5,910.45 Taxes; Ky Clinic $1,265.00 Serv; Ky Concrete $3,572.42 Various; Ky Crete $377.64 Various; Ky Glass $105.08 Various; Ky Hub $5,411.54 Serv; Ky Implement $274.57 Various; Ky WNE $18.64 Inv; Ky Yamaha $249.84 Su; Killion Motors $67.79 Serv; Kiplinger Tax Letter $59.00 Dues; Kirkham Michael $5,324.47 Serv; Kirkwood, M $12.54 Tr; Kissell, D $99.82 Tr; Kmart $85.50 Su; Koenig, C $20.00 Ref; Kosmicki, K $23.70 Ref; Labsafe $226.97 Su; Laser Art Design $267.00 Su; Laughlin, K $360.00 Ded; Law Enforcement Accessories $268.50 Various; Lawson Products $365.07 Various; Lerwick, K $48.26 Ref; Liehs Drilling $1,688.00 Lease; Lightning Powder $119.40 Various; Linweld $413.61 Various; Lockmobile $59.25 Various; Londer, P $3.70 Ref; LTs Brokerage $706.15 Pstg; Luehrs, L $6.00 Ref; Maeser, K $37.40 Ref; Magic Cleaning $2,950.00 Serv; Mail Express $12.37 Pstg; Marlatt Machine $314.09 Various; Matthew Bender & Co $193.15 Dues, Bks; Maverick Books $92.71 Bks; McBride, D $17.48 Ref; McCollister & Co $1,144.09 Inv; McConnell, D $4.62 Rep; McGraw, R $23.70 Ref; MES $2,027.23 Su; Mid-State Engineering $1,081.00 Serv; Mid-State Units $240.00 Su; Midway $100.63 Inv; Midwest Lab $1,705.50 Serv; Midwest Turf $534.65 Various; Miller & Associates $24,188.40 Serv; Miller Signs $1,200.00 Serv; Motorola $2,439.00 Serv; Mr. Automotive $2,022.47 Various; Mundt, K $117.88 Ref; NAPA $2,763.60 Various; Nat'l Paper Supply $107.63 Su; NWWA $2,516.99 Various; NE Child Support $960.97 Ded; NE Dept of Env Quality $12,963.23 Disposal Fee; NE Dept of Revenue $18,641.89 Taxes; NE Fire Adm Assistants $10.00 Dues; NE Machinery $37.70 Various; NE Truck Center $30.44 Inv; NE Wine $42.40 Su; NEland Conf-Bldg Off'l & Inspectors $145.00 Dues; NEWEGG Computers $310.91 Su; Newman Traffic Signs $400.00 Signs; NFPA Nat'l Fire Protect $625.50 Su; NHHS Online $114.00 Su; Nickman Bros $945.00 Serv; Nogg Chemical $672.67 Inv; Northern Tool $114.57 Su; Northstar Audio Books $13.00 Bks; Northwestern Energy $15,189.38 Serv; NWAGA $25.00 Dues; Office Depot $6.76 Su; Office Max $368.12 Various; Officenet $930.27 Su; Olson, L $27.92 Ref; O'Reilly $1,235.43 Various; Orscheln $331.67 Various; Overhead Door $1,106.60 Su; P.F. Pettibone & Co $152.05 Su; Paramount Linen $125.66 Various; Park Seed Whle $80.39 Su; PEP $48.67 Rep; Perkins $46.19 Serv; Pet Kingdom $80.86 Su; Petersen, R $51.75 Tr; Pickel Landscaping $20.00 Ref; Pitney Bowes $1,319.00 Serv; Plambeck, R $25.14 Ref; Platte Valley Comm $2,803.61 Serv; Preferred Mail $97.80 Pstg; Presto-X $50.00 Rep; Pump & Pantry $27.12 Tr; Quill $161.69 Various; R&R Products $405.30 Su; Radio Shack $82.14 Various; Random House $340.00 Bks; Ready Mixed Concrete $1,495.26 Rep; Reams Sprinkler Supply $1,244.95 Su; Recognition Unlimited $44.58 Su; Recorded Books $263.40 Bks; Recreonics $741.87 Su; Reserve Acct $8,000.00 Pstg; Riekes Material Handling $40.15 Pstg; RKI Instruments $948.87 Su; Roadbuilders $1,427.52 Inv; Roe, L $29.72 Ref; Russell, C $1,773.00 Tr; Russell, T $26.57 Ref; S&B Heating $59.25 Su; Safety-Kleen $218.20 Rep; Sahling $1,786.19 Inv; Sampson Construction $50,166.00 Serv; Sandsteadt, M $9.48 Ref; Scantron $1,505.00 Serv; Schaffintt, W $30.16 Ref; Schmidt, L $28.93 Ref; Schriner, D $35.48 Tr; Schultz, S $19.17 Ref; Sears $149.96 Various; Sheldon, S $15.00 Ref; Sherwin Williams $46.30 Su; Shirt Shack $524.15 Su; Showcases $989.55 Serv; Sirchie Finger Print Lab $1,073.27 Serv; Skeeter Barnes $100.00 Serv; Smith, V $37.71 Ref; Snap On Tools $122.50 Tools; Snider, R $2.73 Ref; Softchoice $254.00 Su; Solid Waste Agency Landfill $167.88 Disposal Fees; Sorensen Group $19,410.30 Serv; Star Homes $9.05 Ref; State of NE Sec of State $20.00 Serv; Stevens, J $30.88 Ref; Stocker, K $10.70 Tr; Story, G $51.75 Tr; Super Shine $28.75 RepSydneys $63.91 Serv; Syndistar $203.00 Su; Target $281.89 Su; Thompson, K $24.42 Tr; Thomson Gale $395.00 Bks; Tool Doctor $32.05 RepTractor Supply $667.52 Various; Tracy, K $99.82 Tr; Triangle Metals $408.70 Su; Tri-City Outdoor Power $983.10 Various; U Save Foods $65.05 Su; Unico $506.00 Prem; United Air $449.70 Pstg; United Distillers $486.50 Su; United Rentals $527.40 Various; UPS $21.00 Pstg; UPS Store $38.32 Pstg; Urbanek, G $99.98 Reim; USPS $95.36 Pstg; Vega Group $94.00 Su; Ventura Motors $116.39 Ref; Video Services of America $51.94 Various; Villager Courtyard $64.90 Tr; Waldenbooks $67.88 Bks; Walgreens $29.45 Su; Walmart $2,400.91 Various; Ward Lab $15.00 Su; Warrington, D $41.27 Ref; Washington State Support $102.01 Ded; Water Products $367.43 Inv; Weed, D $8.70 Ref; Wessels, W $120.05 Tr; West $1,330.38 Su; Westfall $888.01 Su; Wicks Sterling Trucks $121.13 Inv; Wiederspan, R $269.92 Tr; Wilke Donovans $546.81 Su; WPCI $157.00 Serv; Xerox $741.88 Serv; Yanda's $2,224.50 Serv; Zetterberg, J $1.98 Ref; Zimmerman $2,067.88 Various; Payroll Ending 01-08-2005 -- $273,070.48.  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 8, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving T-Hangar C-5 Lease Agreement between the Kearney Municipal Airport and Jim Shuey and approve Resolution No. 2005-5.

 

RESOLUTION NO. 2005-5

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar C-5 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Jim Shuey, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the implementation of a Passenger Facility Charge (PFC) in the amount of $4.00 per ticket and approve Resolution No. 2005-6.

 

RESOLUTION NO. 2005-6

 

            WHEREAS, Passenger Facility Charges (PFC’s) are used at commercial airports to provide capital improvement revenue; and

            WHEREAS, Passenger Facility Charges can be used by the airport to support one or more of the following: (1) pay all or part of the allowable cost for an approved project; (2) pay bond associated debt service and finance costs; (3) combine PFC funds with federal grant funds to accomplish an approved project; and/or (4) apply PFC funds to meet non-federal share of the costs of projects funded under the federal airport grant programs; and

            WHEREAS, approved projects must meet certain criteria addressing one or more of the following: (1) preserve or enhance safety, security, or capacity on the national air transportation system; (2) reduce or mitigate noise impacts; and (3) present opportunities to enhance competition between carriers; and

            WHEREAS, the Airport Advisory Board unanimously approved and recommends the implementation of a Passenger Facility Charge in the amount of Four Dollars ($4.00) per ticket.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, to approve the recommendation of the Airport Advisory Board and to implement a Passenger Facility Charge in the amount of Four Dollars ($4.00) per ticket subject to approval by the Federal Aviation Administration.

            PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve Application and Certificate for Payment No. 3 in the amount of $13,447.64 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part II Improvements – Phase IV consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road and approve Resolution No. 2005-7.

 

RESOLUTION NO. 2005-7

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part I Improvements – Phase IV consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $13,447.64 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$776,763.00

            Change Order No. 1 (9-28-2004)

-128,000.00

            Change Order No. 2 (11-23-2004)

+      870.00

Contract Sum To Date

649,633.00

Gross Amount Due

503,286.20

Retainage

25,164.31

Amount Due to Date

478,121.89

Less Previous Certificates for Payment

  464,674.25

Current Payment Due

$  13,447.64

 

            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 25TH DAY OF JANUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve Change Order No. 1 showing an increase in the amount of $2,568.00 submitted by Sampson Construction Co., Inc. and approved by Miller & Associates for the Kearney Volunteer Fire Department Training Complex Storage and Classroom Facility and approve Resolution No. 2005-8.

 

RESOLUTION NO. 2005-8

 

WHEREAS, Sampson Construction Co. has performed services in connection with the Kearney Volunteer Fire Department Training Complex Storage and Classroom Facility, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $2,568.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$310,742.00

            Change Order No. 1 (1-25-2005)

+    2,568.00

New Contract Sum

$313,310.00

 

            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”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the recommendation from the Mayor on the appointment of Ron Larsen and Galen Hadley to serve on the Buffalo County Economic Development Council; the appointment of Sherry Morrow to serve on the Kearney Area Solid Waste Agency; and the appointments of Bill McMullen, Tim Loewenstein, Ron Hendrickson, Randy Buschkoetter and Galen Hadley to serve on the Joint Airport Zoning Board.

 

9.         Approve the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department: Jerry Folck, James Hallgrimson, and Eric Pulliam and approve Resolution No. 2005-9.

 

RESOLUTION NO. 2005-9

 

            WHEREAS, Mike Martinosky, Chief of the Kearney Volunteer Fire Department, has forwarded several names of individuals desiring to serve as volunteers in the Kearney Volunteer Fire Department; and

            WHEREAS, based on the recommendation of Chief Martinosky, the City Council of the City of Kearney, Nebraska hereby finds and determines that said persons listed are fully capable and qualified to serve a membership in the Kearney Volunteer Fire Department; and

            WHEREAS, in order to be qualified for benefits in accordance with Neb. Rev. Stat. §48-115, et seq., said volunteer firefighters acting outside the corporate limits of the City must be officially directed to do so in order to be eligible.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that those persons recommended by the Chief of the Kearney Volunteer Fire Department for membership in the Kearney Volunteer Fire Department as set forth on the attached letter of recommendation, marked Exhibit “A,” attached hereto and made a part hereof by reference, are hereby confirmed as members of the Kearney Volunteer Fire Department for the purposes of and in accordance with Neb. Rev. Stat. §48-115, and that said members are fully entitled to benefits under the Workers’ Compensation Act.

            BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit “A” are hereby specifically authorized and directed to serve outside the corporate limits of the municipality under the direction, orders and authority of the Chief of the Kearney Volunteer Fire Department in accordance with §4-204 of the Kearney City Code.

            PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve Application and Certificate for Payment No. 3 in the amount of $54,959.47 submitted by Starostka Group Unlimited and approved by Miller & Associates for the 2004 Part VII Improvements – Bid A consisting of Water District No. 2004-533 for Avenue K from 14th Street north to 15th Street, Water District No. 2004-534 for 14th Street from Avenue K east to Avenue M; Sewer District No. 2004-475 for Avenue K from 14th Street north to 15th Street, Sewer District No. 2004-476 for 14th Street from Avenue K east to Avenue M, Sewer District No. 2004-477 for 15th Street from Avenue K east to Avenue M; Water Connection District No. 2004-1 for 20th Street from Avenue M east to Avenue O, Water Connection District No. 2004-2A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Water Connection District No. 2004-3A for Avenue O from 20th Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Water Connection District No. 2004-4 for Avenue D from 11th Street north to 13th Street; Sewer Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from 18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-3 for 20th Street from Avenue M east to Avenue O, Sewer Connection District No. 2004-4A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-5 for 21st Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-6 for 22nd Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-7 for Avenue D from 11th Street north to 13th Street, and the Water Main Replacement Project for 4th Avenue between 22nd Street and 23rd Street and approve Resolution No. 2005-10.

 

RESOLUTION NO. 2005-10

 

WHEREAS, Starostka Group Unlimited has performed services in connection with the 2004 Part VII Improvements – Bid A consisting of Water District No. 2004-533 for Avenue K from 14th Street north to 15th Street, Water District No. 2004-534 for 14th Street from Avenue K east to Avenue M; Sewer District No. 2004-475 for Avenue K from 14th Street north to 15th Street, Sewer District No. 2004-476 for 14th Street from Avenue K east to Avenue M, Sewer District No. 2004-477 for 15th Street from Avenue K east to Avenue M; Water Connection District No. 2004-1 for 20th Street from Avenue M east to Avenue O, Water Connection District No. 2004-2A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Water Connection District No. 2004-3A for Avenue O from 20th Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Water Connection District No. 2004-4 for Avenue D from 11th Street north to 13th Street; Sewer Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from 18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-3 for 20th Street from Avenue M east to Avenue O, Sewer Connection District No. 2004-4A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-5 for 21st Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-6 for 22nd Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-7 for Avenue D from 11th Street north to 13th Street, and the Water Main Replacement Project for 4th Avenue between 22nd Street and 23rd Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $54,959.47 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$472,731.38

Contract Sum To Date

472,731.38

Gross Amount Due

230,939.28

Retainage

23,093.93

Amount Due to Date

207,845.35

Less Previous Certificates for Payment

 152,885.88

Current Payment Due

$ 54,959.47

 

            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 are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve Application and Certificate for Payment No. 1 in the amount of $48,529.69 submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-11.

 

RESOLUTION NO. 2005-11

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $48,529.69 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

 

Original Contract Sum

$188,558.50

Contract Sum To Date

188,558.50

Gross Amount Due

53,921.88

Retainage

5,392.19

Amount Due to Date

48,529.69

Less Previous Certificates for Payment

               .00

Current Payment Due

$  48,529.69

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1 as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve two applications for a Special Designated Licenses submitted by BAR-D, LLC, dba “Dome Lounge” in connection with their Class C/K39227 Catering Liquor License to dispense beer, wine and distilled spirits at the Kearney Event Center, 609 Platte Road, on February 4, 5, 11, 12, 2005 from 5:00 p.m. until 1:00 a.m. in conjunction with the hockey games.

 

13.        Approve the negotiated price of $25,605.00 as agreed by Ventos Energy Systems for the Cemetery Pump Station Upgrade.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7142 – SELL VACATED 1ST AVENUE TO JERRY AND EDITH MARLATT

 

Back in December of 1969, the property owners at that time presented a petition to the City Council to vacate the east ten feet and the west ten feet of 1st Avenue from 19th Street to the Union Pacific Railroad right-of-way.  Some of the property owners previously purchased the right-of-way as it abutted their property. Jerry and Edith Marlatt contacted the City expressing a strong interest in purchasing the east ten feet of 1st Avenue as it abuts their property, Lots 751, 752 and 753, Original Town of Kearney Junction.

 

Council Member Clouse introduced Ordinance No. 7142, being Subsection 1 of Agenda Item V to sell the vacated east ten feet of 1st Avenue is it abuts Lots 751, 752 and 753, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska to Jerry and Edith Marlatt in the amount of $75.00, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lear seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. 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. 7142 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7142 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7142 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

 

2003-2004 CITY AUDIT REPORT

 

Mayor Hadley opened for discussion the 2003-2004 Fiscal Year City Audit Report prepared by the accounting firm of McDermott & Miller.

 

Each year Mary Kalb of McDermott & Miller, P.C. presents the City of Kearney Annual Financial Report to the City Council.  Once again, Mary Kalb will be on hand to present the Annual Financial Report and to answer any questions that the Council Members or Administration may have.  The Council is asked to review the Annual Financial Report in order to become familiar with the financial condition of the City. The Annual Financial Report has been prepared within the framework established for local government financial reporting by the Governmental Accounting Standards Board (GASB).

 

Mary Kalb from McDermott & Miller presented this matter to the Council. This is the second year of the GASB 34 report format which shows all of the funds on an accrual basis. She wanted to point out some of the highlights of the Management’s Discussion and Analysis.  The City of Kearney’s total net assets increased by around $11 million from the prior year.  Approximately $6 million of that increase is in capital assets, $2 million in unspent bond proceeds, and $3 million in unrestricted cash.  The unreserved fund balance for the General Fund was a little over $5 million (49% of total General Fund expenditures), which means that the City has enough in their General Fund balance to carry about half a year.  The State auditors’ guideline states that you should not have over six months of expenditures so this meets the guideline.  The total debt increase is $1.6 million. Wendell Wessels’ report shows there was a general obligation bond anticipation note, which accounts for most of that increase in the amount of $3 million.  Total assets at the end of 2003 were $100,500,000 and at the end of 2004 were $111,000,000 that reverts back to the $11,000,000 increase reference earlier.

 

Since 2003 was the first year for the report module there could not be a comparison in net assets.  For 2004, they do have comparative numbers.  In 2003, governmental funds were 68% of the increase in net assets compared to this year of 67%.  2003 the business type activities (proprietary funds, water, sewer, sanitation, landfill and golf) were 32% and 33% for 2004.  The biggest change from 2003 was in the capital grants and contributions which were 21% of the total revenue by source (governmental not proprietary) compared to 28% this year.  Most of that increase can be attributed to subdivisions to the City. Under the GASB, infrastructure such as streets, sewer lines, etc. is reported which did increase. Sales Tax for 2003 was 25% of the total revenues by source and 23% this year.  Property tax remained the same at 6%.   

 

Ms. Kalb referred to the list of major capital asset events during the year which included the following:

·         Training/storage building for the Fire Department - $181,648,

·         Cottonmill Trail Phase III Project - $798,244

·         Northeast Drainage Project - $610,706

·         39th Street Improvement Project - $897,979

·         56th Street Improvement Project - $1,119,277

·         30 Avenue Improvement Project - $748,373

·         New Recycling Center - $1,167,743

·         Southeast Kearney Sewer Improvement Project - $25,856

·         Southeast Kearney Water Improvement Project - $15,095

·         30th Avenue Water Tower Renovation Project -$245,203

·         Phase I and Phase II Fencing Project at the Airport  - $576,190

·         Runway 18/36 Rejuvenation Project at the Airport - $56,834

 

Statement of Net Assets as of September 30, 2004 was $111,384,622, which includes the long-term liabilities, and other long-term liabilities that typically will not be found in the fund statement such as compensated absences along with the long-term debt.  The Statement of activities shows where revenue comes from and the expenses and includes these general revenues, property taxes ($1,387,966), sales taxes ($5,338,573) and occupation taxes ($968,748). 

 

The Governmental Fund balance sheet does not list long-term assets and no long-term debt.  This shows what the City has as current funds, but different than the statement of new assets. The General Fund Statement of Revenues, Expenditures, and Changes in Fund Balance is actual revenues and expenditures in the year and the budget the City had in effect for the year.   Total Enterprise Funds unrestricted net assets were $13,122,000.  Statement of Federal Financial Rewards is federal money the City received this year.  During the prior year, the City received $2,800,000 and was down slightly this year.  The difference in sources of federal money was the money in the prior year came from the Department of Transportation and this year it came from the United States EPA.

 

Ms. Kalb gave information about a new statement called Auditing Standard 99 that was effective for auditing this year, which states that the external auditor has additional responsibility to detect fraud during the audit.  The purpose of their audit has not been to detect fraud.   So the question was how to perform under that standard.  One of the ways is to have internal conversations with employees of the City.  They were to pick these employees at random and interview them.  They did do this along with their other auditing duties.  They talked to different people at different levels about all sorts of situations.  One thing that each of these employees assured the auditors was that if they ever found an instance where there was a misappropriation they were aware of; they would have no problem discussing that with their supervisor or going to someone else and talking about it. She commented that the environment from which they interviewed was very good in the City.  Long before Statement of Audit Standard 99, Mr. Wessels has implemented many internal policies to reduce the incidents of the opportunity for misappropriations.  For many years he has gone out and meets with the people involved in collecting the cash, such as swimming pool, golf course, etc. She believed that he has greatly eliminated the ability to misappropriate the cash by being very diligent in that area. 

 

Moved by Hadley seconded by Kearney to accept the 2003-2004 Fiscal Year City Audit Report prepared by the accounting firm of McDermott & Miller. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

PLANS & SPECIFICATIONS – ROOF REPLACEMENT FOR HARMON PARK BATHHOUSE AND WEST PORTION OF CITY HALL BUILDING

 

Mayor Hadley opened for discussion the Plans and Specifications for the Roof Replacement for Harmon Park Bathhouse and West Portion of City Hall Building and set the bid opening date for February 15, 2005 at 2:00 p.m.

 

As part of the Long Range Goals and Budget process, the City Council approved a reroofing project for the east half of City Hall in 2002.  The Long Range Goals and Budget now allows for the west half of the building to be replaced this year. The Long Range Goals and the Budget process also include the replacement of the bathhouse roof at the Harmon Park Pool.

 

The City is ready to advertise and receive bids for the roof replacement for Harmon Park Bathhouse and the west portion of the City Hall Building project. The Engineer’s Opinion of Probable Construction Cost ranges between $105,000 and $145,000.  The work involved for the Harmon Park Bathhouse should be substantially complete on or before May 15, 2005 and the work involved with the City Hall roof should be substantially complete on or before July 1, 2005.

 

Richard Stacy from Miller & Associates stated that a year ago the budget did not allow for re-roofing the entire roof at City Hall so only the east half was done at that time.  This budget year was reserved for re-roofing the west half of City Hall and adding some additional insulation and some refurbishing on the roof requiring some general maintenance.  The other part of this project is for the Harmon Park bathhouse which has been having roof problems.  

 

Moved by Kearney seconded by Clouse to approve the Plans and Specifications for the Roof Replacement for Harmon Park Bathhouse and West Portion of City Hall Building and set the bid opening date for February 15, 2005 at 2:00 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

REVIEW ONE AND SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Hadley opened for discussion the One & Six Year Street Improvement Plan and to set the public hearing for February 8, 2005 to adopt the One & Six Year Street Improvement Plan.

 

The Nebraska Department of Roads annually requires the City of Kearney to submit One and Six Year Plans for street improvements. City Administration is preparing the plans and is now at the stage for soliciting input from the City Council and community. The proposed plan is presented at one meeting to give the City Council and community time to review it and propose changes prior to adopting the Plan following the public hearing on February 8, 2005.

 

Transportation Superintendent Gary Story presented the proposed One and Six Year Plans to the Council. The proposed plans incorporate street improvements from the previous Six Year Plan, various new improvements related to community development needs, and other street/reconstruction needs.

 

He presented the following proposed One Year Plan. 

 

Project                                                                                                  Estimated          Estimated

No.             Location                                                                              Total Cost          City Cost

 

115

30th Avenue from Highway 30 to 39th Street 5200'

$1,300,000

$1,000,000

213

University Drive and Lakeview Drive Intersection

$60,000

$60,000

286

North Railroad Street from Central Avenue to Avenue B

$460,000

$460,000

287

21st Street and Central Avenue Intersection

$85,000

$85,000

288

22nd Street and Central Avenue Intersection

$75,000

$75,000

289

23rd Street and Central Avenue Intersection

$75,000

$75,000

290

24th Street and Central Avenue Intersection

$85,000

$85,000

341

11th Street from 1st Avenue to 7th Avenue

$1,200,000

$1,200,000

361

29th Street and 5th Avenue Intersection

$250,000

$250,000

381

 

Avenue N north from 135' to 1700' north of Eastbrooke Drive 1565'

$800,000

$800,000

382

39th Street and Avenue A Signal

$150,000

$150,000

383

25th Street (Highway 30) and Avenue E

$110,000

$55,000

385

65th Street from Avenue N west 850’ Cul-De-Sac

$165,000

$.00

386

27th Avenue from 35th Street south 600’

$96,000

$.00

387

Eastbrooke Drive from Avenue N west 330’

$53,000

$.00

388

63rd Street from Avenue N west 330’

$53,000

$.00

389

Avenue M from Eastbrooke Drive to 63rd Street 650’

$104,000

$.00

390

Avenue M Place from Eastbrooke Drive south 200’ Cul-De-Sac

$32,000

$.00

391

Avenue M Place from 63rd Street north 180’ Cul-De-Sac

$29,000

$.00

392

12th Avenue from 8th Street north 500’

$95,000

$19,000

393

12th Avenue Place from 8th Street south 180’ Cul-De-Sac

$35,000

$7,000

394

 

8th Street from 115’ east of 12th Avenue to 115’ west of 12th Avenue 300’

$60,000

$12,000

395

Avenue K from 14th Street to 15th Street 310’

$65,000

$13,000

396

14th Street from Avenue K to Avenue M 600’

$120,000

$24,000

397

15th Street from Avenue H to Avenue I 300’

$60,000

$12,000

398

15th Street from Avenue K to Avenue M 500’

$100,000

$20,000

399

Avenue A from 10th Street to 11th Street 300’

$60,000

$12,000

400

66th Street Place from Avenue N west 850’ Cul-De-Sac

$170,000

$.00

401

Avenue M Place from 66th Street Place north 110’ Cul-De-Sac

$22,000

$.00

402

Avenue L from 65th Street Place to 66th Street Place 280’

$56,000

$.00

403

West LaPlatte Drive from Plaza Blvd west 1100’ Cul-De-Sac

$220,000

$.00

404

LaVista Drive from West LaPlatte Drive north 135’

$27,000

$.00

405

27th Street and Avenue N

$120,000

$120,000

406

9th Avenue from 11th Street south 500’

$100,000

$20,000

 

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

 

Project                                                                                                     Estimated        Estimated

No.             Location                                                                                 Total Cost        City Cost

 

143

25th Street (Highway 30) from Avenue B to Avenue E 1100'

$600,000

$120,000

166

39th Street from Avenue A to 2nd Avenue 1400'

$2,500,000

$2,500,000

170

39th Street and 17th Avenue Intersection

$300,000

$300,000

237

60th Street from 4th Avenue west 450'

$90,000

$20,000

245

Country Club Lane from 35th Street to 39th Street 1200'

$500,000

$250,000

267

39th Street from 2nd Avenue to 6th Avenue 1400'

$1,200,000

$1,200,000

268

 

Cherry Avenue Interstate Interchange & Cherry Avenue to Glenwood

$20,000,000

$4,000,000

293

48th Street from 6th Avenue to Parkwood Lane 1650'

$550,000

$200,000

294

48th Street from Parkwood Lane to 17th Avenue 1900'

$620,000

$220,000

300

 

Railroad Grade-Separation Overpass-Location Determined

By Study to be 17th Avenue just east of Tailrace

$11,000,000

$11,000,000

360

 

56th Street from 955' east of Avenue N to Airport Road  13500'

$6,000,000

$6,000,000

407

17th Avenue from 49th Street north 600'

$500,000

$500,000

408

50th Street from 17th Avenue west 600'

$170,000

$50,000

409

Avenue M from 1st Street to 11th Street 5300'

$2,700,000

$2,000,000

410

39th Street from Avenue F to Avenue M 2100'

$1,200,000

$1,200,000

411

39th Street from Avenue A to Avenue F 2100'

$1,200,000

$1,200,000

412

39th Street from 30th Avenue west 3700'

$1,200,000

$1,000,000

 

Transportation Superintendent stated that the first seven items on the One Year Plan are carry over from last year that were either delayed or as in the 30th Avenue project was not totally completed.  Director of Public Works stated that a number of the One-Year Plan are clean up from projects that the City built last year as opposed to doing an amendment to the One-Year Plan for the State, they wait and run them through at this time every year.  Projects 382 and 383 were carried over from last year and 385 to 391 are projects that are either complete or under construction at this time. 

 

City Engineer Bruce Grupe stated they are working with the contractor on work for 30th Avenue from 35th Street to 39th Street that did not get finished last year.  They want to get it done as quickly and diligently as possible, which will involve working with the Fire Department.  The contractor will begin work as soon as he can in the spring under liquidated damages when he starts which hopefully will speed up the process.  30th Avenue will be closed from 35th Street to 42nd Street and will shift traffic a block to the east on 28th Avenue and 29th Avenue and a portion will be detoured through Lighthouse Point as opposed to Country Club Lane. 

 

The north Railroad Street from Central Avenue to Avenue B will also begin this spring and be completed sometime before Cruise Nite.  This area will be closed to traffic because of the underground work.  The Central Avenue intersections will also begin in the spring.  The specifications allow the contractor to start after high school graduations because that is a busy time for downtown businesses.  This project also is to be completed before Cruise Nite. There are four intersections involved in this project and the contractor is allowed to close any two intersections at one time, but not consecutive intersections.  They will lose some parking but they will keep as much open as they can. 

 

There is a lot of work in progress in Kearney from developer requested districts. In southeast Kearney around 14th, Street, 15th Street and Avenue H, there will be ongoing pavement being completed in the spring.  There are a lot more districts being requested in southeast Kearney which will be brought to the Council in the future.  There are also five developer constructed infrastructures where the developer builds to City specifications and then the City takes them over which are new residential projects.

 

The major work on arterials that are being proposed on the one-year plan are 11th Street from 1st Avenue to 7th Avenue which has been determined to be upgraded to a 4-lane section and a 5-lane section around 2nd Avenue and reconstruction of the signals.  The goal is to complete the construction on the beltway to a 4-lane section.  Part of obtaining that goal would be relocating the diagonal parking that is on 11th Street at Centennial Park.  The proposal is to relocate that parking to the alley directly on the east side of Centennial Park.  This will involve rerouting traffic for most of the summer.  The plan is to meet with the business and residential owners in that area similar, as the City has done in past projects.  They will contact individual businesses that will be directly affected and will have formal meetings before the project is bid. They have revised their system of assessing liquidated damages to a much higher dollar amount to try to avoid some of the problems they had on 30th Avenue. 

 

Another project they want to get done this year is extending Avenue N to 4-lane out past Eastbrooke Addition to the north City limits.  This area would need to be closed to through traffic and local traffic would be allowed to the homes in that area.  They are under design now to get the plans ready to install a signal at 27th Street and Avenue N.  A signal at that intersection has been justified and hopefully it will be installed by early summer.  

 

Council member Kearney asked how the traffic numbers compared to 30th Avenue. Director of Public Works stated that he would guess there are approximately 7,500 cars per day on Avenue M/N compared to about 6,000 per day on 30th Avenue.  He stated that the City wants to promote citizens to use that beltway.  He believed that citizens are trying to avoid it at the present time because of not having a traffic signal at Avenue N and 27th Street, but by getting a signal there will make it easier to get on and off of Avenue N that will promote that beltway even more.  He also stated that the Avenue H overpass traffic numbers have dropped.  A lot of the traffic that went down Avenue H through the residential neighborhood has shifted over to the Avenue M/N, which is what the City wanted to see on the arterials.

 

Mr. Grupe stated a project that has been on the One-Year Plan for a while is the University Drive and Lakeview Drive intersection.  They have been unable to warrant a signal at that intersection because of the relatively small amount of traffic that uses that intersection.  They have had some talks with UNK and they have a master plan for a new campus layout. UNK presently has some consultants that are working on a plan that would change some of their traffic flows, which would greatly affect this intersection.  The wait time and site distance at that intersection is not good, and there is no accident history at this intersection, so he proposed that the Council wait until UNK has completed their study.

 

Director of Public Works stated that they had money budgeted for the Lakeview signal, but believed that the higher priority at this time is the 27th Street and Avenue M/N signal.  There are other solutions that UNK has talked to him about which he felt will be of great benefit to the City by perhaps changing this to a 3-lane section, relocating the intersection in lieu of a signal.

 

The City has also been looking at the 29th Street and 5th Avenue signal for the past five years trying to get warrants.  This intersection also fell short of the warrants although the City had money budgeted for it.  He stated that the City needs to explore some other options such as a traffic circle or a 4-way stop.  City Engineer agreed with the discussion that 4-way stops move a lot of traffic and are safe.  It is almost to a point where the City cannot wait on traffic signals and to look at alternative solutions.

 

Council member Clouse asked if the signal on 39th Street and Avenue A was approved.  Director of Public Works stated the City wants to take a look at that stretch between 2nd Avenue and Avenue A.  They want to take a look at an actual design of lowering that hill and filling the draw before spending the money to put a signal in or something that would have to be taken out in the future.  The more they looked at the sight vision coming over the hill, they are not sure that a signal is the safest solution.  They would like to have the design done this year but this is a big project and will not be done this year.

 

Transportation Superintendent commented on the discussion regarding the Avenue M/N overpass that a lot of the traffic is either coming down Coal Chute Road, around Avenue Q, to 20th Street and over the overpass or vise versa going to Coal Chute Road or to the Interstate by using the Minden Exchange, etc.  Many times there is traffic backed up on 20th Street at the stop sign that wants to turn right and go over the overpass when there is traffic.  They have noticed heavy traffic on Coal Chute Road going both ways that is using that overpass.  There are trains much of the time over Highway 30 across the Highway 10 intersection so people are using the overpass to avoid Highway 30. 

 

Moved by Clouse seconded by Lear to set the public hearing for February 8, 2005 to adopt the One & Six Year Street Improvement Plan. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

OBJECTIONS TO PAVING IMPROVEMENT DISTRICT NO. 2005-892

 

Mayor Hadley opened for discussion the report from the City Clerk on the objections/protests received in connection with Ordinance No. 7141 creating Paving Improvement District No. 2005-892 for Avenue D from 11th Street to 13th Street.

 

City Clerk presented this matter to the Council. At the last Council meeting, January 11, the City Council passed and approved Ordinance No. 7141 creating Paving Improvement District No. 2005-892 for Avenue D from 11th Street to 13th Street. There are only two property owners involved in this district.

 

Administration received a written objection from one of the property owners within the proposed district.  It appears there is approximately 1,365.25 feet of assessable footage with 760.4 feet in objection to the creation of the district which represents 55.69 percent.  Section 16-620 of the Nebraska Revised Statutes states “If the owners of the record title representing more than fifty percent of the front footage of the property abutting or adjoining and continuous or extended street, cul-de-sac, or alley of the district, or portion thereof which is closed at one end, and who were such owners at the time the ordinance creating the district was published, shall file with the city clerk, within twenty days from the first publication of said notice, written objections to the improvements of a district, said work shall not be done in said district under said ordinance, but said ordinance shall be repealed.”  Since the objection for the district does represent more that fifty percent, the district will need to be repealed. Attached is an ordinance repealing the district.

 

Council member Lear asked Administration if the City has a goal of getting areas in southeast Kearney paved so that the City does not have these gravel streets and in this case there is someone that wants to develop some single family properties, what are the options for getting some of these areas paved?  Director of Public Works responded that in this particular case, a gap-paving district could be created.  The street is under 1,300 feet which meets the gap paving criteria.  If gap paving was approved, then the abutting property owners do not have any protest rights and the district would be created and assessed back. In some of the southeast projects, they have tried to get grant money for gap paving. In this case, because there is vacant property or a trailer court, probably would not qualify for grant money.  The low to moderate homeowner is not necessarily on this stretch of road.  Another option might be TIF money, but he was not sure if this area would be in one of the TIF districts. 

 

Gap paving was used in southeast Kearney on Avenue D, south of 8th Street when 6th Street came in.  The Council did approve a gap paving project to help traffic flow after it was petitioned out.  It has been very limited in Kearney.  Council member Lear stated he would like to see a little more investigation into this and bring it back.  He believed that it is an unusual situation where there is someone who wants to develop some single-family lots, which improves that area of town.  He believed the City should have a goal of getting rid of the gravel streets in the interior of the community and have a duty to investigate what other options are available for that part of the City.  Other Council members agreed.

 

Moved by Lear seconded by Buschkoetter to accept the report from the City Clerk on the objections/protests received in connection with Ordinance No. 7141 creating Paving Improvement District No. 2005-892 for Avenue D from 11th Street to 13th Street. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ORDINANCE NO. 7143 – REPEAL ORDINANCE NO. 7141

 

Council Member Buschkoetter introduced Ordinance No. 7143, being Subsection 5 of Agenda Item VI to repeal Ordinance No. 7141 creating Paving Improvement District No. 2005-892 for Avenue D from 11th Street to 13th 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 Hadley seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. 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. 7143 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7143 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7143 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.

 

OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT - $50,162.71; FREMONT NATIONAL BANK - $38,250.24; AND PLATTE VALLEY STATE BANK - $1,302.86

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $50,162.71 payable to Nebraska Public Power District; $38,250.24 payable to Fremont National Bank; and $1,302.86 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

None.

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Hadley that Council adjourn at 8:36 p.m. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK