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Kearney, Nebraska

February 22, 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 February 22, 2005 in the Council Chambers at City Hall. This meeting adjourned at 7:13 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:14 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: Rick Nelson, Cindy Houlden, Theresa Baack, Sue Anderson, Bob McCoy, Sandy Milton, Ron Larsen, Jeff Petersen, Don Stearley, Bruce Grupe, Bart Langenberg, Ken Cordes, Tracey Gilliard, Pov Lim, Patricia Roper, 4 UNMC students, Mike Konz from the Kearney Hub.

 

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 Ken Fairbrother from Countryside Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Cody Sparks, Brad Schipporeit, and Zach Hyde led the Council Members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS – JOHN PRESCOTT COMMENDATION

 

Mayor Hadley and Council members commended Assistant City Manager John Prescott for his years of service with the City of Kearney. They wished him good luck with his new job in Vermillion, South Dakota.

 

ORAL COMMUNICATIONS – RICK NELSON FROM NPPD

 

Rick Nelson from Nebraska Public Power District presented the Community Facts Book to the Council members.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING – NORTH OF 50TH STREET WEST OF 2ND AVENUE

 

The Application submitted by Ronald Ridgway (Applicant) for Sorensen Acres, LLC (Owner) to rezone from “District AG, Agricultural District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” property containing 4.05 acres, more or less, and to “District C-2, Community Commercial District” property containing 2.44 acres, more or less, all located in a tract of land being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of 50th Street west of 2nd Avenue) will remain on the table until March 8, 2005.

 

DEVELOPMENT PLAN – WEST OF 3RD AVENUE SOUTH OF 52ND STREET

 

The Application submitted by Stanley Gould (Applicant) and Sorensen Acres, LLC (Owner) for Planned District Development Plan Approval for the construction of a shopping center on property to be rezoned to ‘District C-2/PD, Community Commercial District/Planned Development Overlay District” for Phase I and property zoned “District AG, Agricultural District” for Phase II, for a tract of land described as being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 6.45 acres, more or less, Buffalo County, Nebraska (west of 3rd Avenue south of 52nd Street) will remain on the table until March 8, 2005.

 

INCLUSION OF SORENSEN PARK FOURTH ADDITION TO CITY LIMITS

 

The Application submitted by Ronald Ridgway (Applicant) for Sorensen Acres, LLC (Owner) for the inclusion of “SORENSEN PARK FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 7.03 acres, more or less, Buffalo County, Nebraska (between 50th Street and 52nd Street west of 2nd Avenue) will remain on the table until March 8, 2005.

 

FINAL PLAT – SORENSEN PARK FOURTH ADDITION

 

The Application submitted by Ronald Ridgway (Applicant) for Sorensen Acres, LLC (Owner) for final plat approval for “SORENSEN PARK FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 7.03 acres, more or less, Buffalo County, Nebraska (between 50th Street and 52nd Street west of 2nd Avenue) will remain on the table until March 8, 2005.

 

TWIN DRAGON LIQUOR APPLICATION

 

Mayor Hadley opened the public hearing on the Application for a Class “I” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by TWIN DRAGON, INC., dba “Twin Dragon, Inc.” located at 320 3rd Avenue, consider the application for Corporate Manager of Huot Jiv Lim, and to consider approval of Resolution No. 2005-19.

 

A background check was conducted on this application by Officer Thompson.  The restaurant located at 320 3rd Avenue will be conducting business between 11:00 a.m. and 10:00 p.m. daily, Monday through Saturday and from 12:00 noon until 10:00 p.m.  The Lims have previously owned restaurants in both North Platte and Gothenburg, Nebraska and had liquor licenses at both locations.

 

This is a typical application associated with a restaurant.  The Lims have substantial experience in the restaurant business, having operating them for approximately nine years.  During the background investigation, Officer Thompson reviewed local and state regulations and statutes, which the Lims advised they understood and believed they can and will abide by them.  The business will currently have only four employees and they will continue to conduct continuing education on liquor sales with staff.

 

Pov Lim was present to answer any questions by the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application for a Class “I” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by TWIN DRAGON, INC., dba “Twin Dragon, Inc.” located at 320 3rd Avenue, consider the application for Corporate Manager of Huot Jiv Lim, and approve Resolution No. 2005-19. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-19

 

            WHEREAS, TWIN DRAGON, INC., dba “Twin Dragon, Inc.” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to do business at 320 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, TWIN DRAGON, INC., dba “Twin Dragon, Inc.” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Huot Jiv Lim; and

            WHEREAS, a hearing was held relating to said application on February 22, 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 ‘I’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to TWIN DRAGON, INC., dba “Twin Dragon, Inc.” located at 320 3rd Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Huot Jiv Lim.

            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 22ND DAY OF FEBRUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

OLD CHICAGO LIQUOR APPLICATION

 

Mayor Hadley opened the public hearing on the Application for a Class “I” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by HI-BRAND KEARNEY, LLC, dba “Old Chicago” located at 115 South 2nd Avenue East, consider the application for Corporate Manager of Tracey Lee Gilliard, and to consider approval of Resolution No. 2005-20.

 

A background check on this application was conducted by Officer Thompson.  This business is a restaurant, and is a typical application associated with this type of business.  The business is changing from a Country Kitchen restaurant to the Old Chicago franchise.  Mr. Gardner has owned the Country Kitchen and will also own this restaurant.  Mr. Gardner owns a number of restaurants throughout the state and in other states.  Among these are Whiskey Creek restaurants as well as an Old Chicago Restaurant.

 

The background check indicated that Mr. Gardner has been owning and operating restaurants for a number of years.  He has experience as both an owner and operator.  Mr. Gilliard will be the on-site manager.  Susan Gardner, Mr. Gardner’s wife, is also listed as an owner, but will not be involved in the management of the business.  There have been four violations associated with restaurants owned by Mr. Gardner in the past, none of which were substantial and appeared to be handled quickly and appropriately.

 

Tracey Gilliard was present to answer any questions by the Council.

 

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 “I” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by HI-BRAND KEARNEY, LLC, dba “Old Chicago” located at 115 South 2nd Avenue East, consider the application for Corporate Manager of Tracey Lee Gilliard, and approve Resolution No. 2005-20. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-20

 

            WHEREAS, HI-BRAND KEARNEY, LLC, dba “Old Chicago” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to do business at 115 South 2nd Avenue East, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, HI-BRAND KEARNEY, LLC, dba “Old Chicago” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Tracey Lee Gilliard; and

            WHEREAS, a hearing was held relating to said application on February 22, 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 ‘I’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to HI-BRAND KEARNEY, LLC, dba “Old Chicago” located at 115 South 2nd Avenue East, Kearney, Nebraska, and to approve the application for Corporate Manager of Tracey Lee Gilliard.

            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 22ND DAY OF FEBRUARY, 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 8 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held February 8, 2005.

 

2.         Approve the following Claims: A-1 Refrigeration $116.18 Rep; ABC Drug $9.57 Su; Ace Hardward $43.60 Various; Advance Auto Parts $9.08 Su; Aervoe $540.00 Inv; Agent Fee $44.00 Tr; Ahrens, C $25.00 Reim; Alamar Uniforms $497.00 Incentives; Alltel $485.84 Serv; Amazon $18.74 Bks; Amer Electric $814.76 Various; APWA $370.00 Reg; Amoco $11.00 Tr; Anderson Bros $495.68 Su; Appliance Service Center $124.95 Su; Arts Craft $82.81 Su; Aspen Publications $193.57 Su; Asphalt and Concrete Materials $2,859.36 Su; Aunt Jo's Home Appliance $49.95 Su; Ayers Distribution $129.00 Su; Baetz, C $20.00 Ref; Baker & Taylor $1,373.05 Bks; Bamford $150.00 Rep; BBC Audiobooks America $272.13 Bks; Beckenhauer, T $253.89 Tr; Benz, A $58.09 Tr; Big Flag $210.00 Rep; BlueCross Blue Shield $51,865.52 Claims; Bob's Super Store $183.88 Various; Bosselman's $15,741.81 Various; Broadfoot Sand $1,349.00 Various; Buffalo Co Election Commissioner $764.10 Serv; Buffalo Co Court $397.14 Ded; Buggy Bath $38.50 Rep; Builder's $2,853.23 Various; Cabela's $36.87 Su; Cad Zone $209.00 Su; Canal Bank $198.90 Rep; Captain's Table $50.00 Serv; Cardinal Health $108.20 Serv; Cash Wa $133.16 Various; CDW Gov't $597.04 Su; Centaur Ent $108.47 Various; Central Auto $220.50 Su; Central Hydraulic $254.12 Various; Central NE Bobcat $7.14 Inv; Christianbook.Com $21.58 Bks; City of Ky $67,611.73 Various; Clark Enersen $3,272.05 Serv; College Savings Plan of NE $50.00 Ded; Colorid Ribbons $143.00 Su; Comfort Suites $121.00 Tr; Computer Pros $64.95 Su; Computerized Fleet Analysis $2,245.00 Serv; Construction Rental $76.87 Su; Cook, J $17.83 Tr; Copycat Printing $569.71 Serv; Cornhusker Hotel $85.80 Tr; Crossroads Ford $531.24 Various; Cummins Great Plains $998.08 Various; D&S Lighting $258.54 Rep; Dannehl's Feed $26.70 Su; Dawson Co PPD $9,526.63 Serv; Dell $3,235.50 Su; Dept of the Treasury $4.80 Ded; Deterding's $24.38 Su; Diamond Vogel Paints $33.64 Inv; Don's Pioneer Uniform $764.00 Various; Dreyer, D $81.99 Tr; Dultmeier $9.07 Su; Dutton Lainson $3,915.74 Various; Eakes $1,148.64 Various; Ebattery $70.00 Su; EDM Equipment $228.79 Inv; Eickhoff, B $108.00 Incentives; Eirich, T $50.00 Reim; Emed $147.49 Su; Envirotech $11,348.41 Su; ESRI $4,606.03 Serv; Expression Wear $374.31 Su; Fairbanks $496.57 Various; Farm Plan $40.22 Rep; Farmers Union $313.20 Various; Fas Break $246.89 Su; Fastenal $204.14 Various; Fedex $94.69 Serv; Fiddelke Heating $68.64 Su; Focus on the Family $11.00 Bks; Frame Shop $60.00 Su; Freburg, N $184.62 Ded; Frontier $7,604.89 Serv; Galeton Gloves $659.00 Inv; Galls $361.12 Various; Gangwish Turf $70.00 Serv; Garrett Tires $1,160.12 Various; Gary's I-80 $175.00 Serv; Geist, N $8.05 Ref; General Traffic Controls $676.10 Signs; GFOA $119.00 Su; Graham Tire $211.78 Su; Grainger.Com $545.39 Su; Grand Central IGA $23.37 Su; Great Plains One-Call $111.96 Serv; Hamling, C $12.36 Ref; Harshbarger, K $126.53 Tr; Hieman $86.90 Su; Highlands Ranch $545.00 Tr; Highsmith $23.73 Su; Holiday Inn $745.44 Tr; Holmes Plbg $256.84 Su; IBT $139.43 Su; ICMA RC $2,793.00 Ded; IRS $80,778.19 Ded; Iowa State U $60.00 Su; ISCO $175.50 Su; Jack Lederman $140.35 Various; Johnson Lawn & Landscape $130.99 Su; K&K Parts $379.13 Various; K Mart $13.83 Su; Ky Chamber $50.00 Serv; Ky Clinic $168.00 Serv; Ky Concrete $2,342.23 Various; Ky Crete & Block $91.35 Various; Ky Hub $1,895.88 Serv; Ky Implement $702.67 Various; Ky Towing $265.00 Serv; Ky Winlectric $50.51 Rep; Ky Yamaha $2,493.94 Various; Kelly Supply $156.72 Inv; Kiefer Swim Shop $75.00 Su; Killion Motors $1,471.74 Various; Kirkham Michael $901.21 Serv; Konecny, C $10.70 Tr; Kum & Go $52.24 Su; Larsen, E $14.17 Ref; Laughlin, K $360.00 Ded; Law Enforcement Assoc $170.00 Rep; Lawson Products $614.37 Various; Lifeguard Store $192.00 Su; Lincoln Tent $400.00 Su; Linweld $369.32 Various; Location Tech $606.50 Serv; Lockmobile $62.06 Various; Luke, D $181.49 Tr; Magic Cleaning $2,950.00 Serv; Mail Express $189.36 Serv; Marlatt Machine Shop $1,307.16 Various; Martinosky, M $50.00 Reim; Matt Friend Truck Equipment $259.95 Inv; McElhinny, G $3,940.00 Serv; McKibben, C $10.70 Tr; MES Snyder $44.85 Su; Michael Todd $823.80 Inv; Mid-Kan Blueline $575.85 Various; Midlands Contracting $127,248.00 Serv; Midway Chrysler Dodge $193.18 Inv; Midwest Turf $1,092.63 Various; Mieth, T $4.90 Cla; Milco Env Services $1,408.75 Serv; Miller & Associates $1,677.42 Serv; Misko Sports $128.35 Su; Morgan, M $120.96 Tr; Morris Press $29.01 Su; Mortensen, M $18.43 Ref; Motorola $40.16 Su; MPH Ind $1,620.00 Equip; MPLA $66.00 Su; Mr. Automotive $1,725.33 Various; Municipal Supply $414.92 Inv; Murphy Tractor $269.45 Inv; NAPA $1,924.25 Various; Nat'l Paper Supply $234.29 Su; NWWA $348.86 Inv; NE Child Support $1,045.43 Ded; NE Cemetery Assoc $40.00 Dues; NE Forest Services $25.00 Tr; NE Machinery $2,579.38 Various; NE Rural Water Assoc $220.00 Tr; NE Truck Center $197.01 Inv; New World Systems $1,240.00 Serv; Newegg Computers $198.48 Su; Nogg Chemical $261.34 Inv; Noller Electric $495.21 Serv; Norco-Boise $739.74 Su; Northwestern $20,169.07 Serv; Novus Windshield Repair $40.00 Su; NYSCA $220.00 Su; Office Depot $363.49 Su; Office Max $946.60 Su; Officenet $702.29 Su; O'Keefe Elevator $115.00 Serv; OMB Police Supply $5,928.87 Various; O'Reilly $818.61 Various; Orscheln $389.37 Various; Overhead Door $126.00 Su; Pararmount Linen $84.34 Various; Patterson, B $53.48 Tr; Petro of York $39.15 Tr; PGA of America $1,650.00 Dues; Phillips, A $10.70 Tr; Pitney Bowes $29.98 Serv; Pizza Hut $34.04 Su; Platte Valley Comm $3,296.98 Serv; Polk Directory $246.00 Su; Positive Line $53.80 Su; Presco Sales $1,894.21 Serv; Presto-X $214.00 Serv; Prices Tree Service $625.00 Serv; Pump & Pantry $47.04 Su; Purchase Power $3,006.75 Pstg; Putnam, R $5.92 Ref; Quill $84.64 Su; Radio Shack $124.13 Su; Random House $479.92 Bks; Ready Mixed Concrete $498.42 Rep; Recognition Unlimited $71.90 Su; Recorded Books $1,176.31 Bks; Recreonics $107.74 Su; Ripp, L $5.92 Ref; RK Digital $228.08 Su; Rubber Stamps Unlimited $48.98 Su; Saathoff, J $31.36 Tr; Sahling Kenworth $617.64 Inv; Schmitt, J $1,227.83 Tr; Schnacker, L $60.41 Ref; Sears $15.99 Su; Secretary of State $20.00 Fees; See Clear Cleaning $1,900.00 Serv; Sherwin Williams $416.42 Su; Shirt Shack $2,124.45 Su; Sign Center $300.00 Su; Simmons Gun Specialties $3,214.25 Equip; Smilemakers Sticker $24.80 Su; Smith, C $22.99 Ref; Smith, H $25.00 Reim; Snap On Tools $122.27 Su; Solid Waste Agency $61,289.14 Various; Southwestair $608.80 Tr; State of NE Dept of HHS $2,600.00 Serv; Story, G $41.40 Tr; Stumps $24.94 Su; Super Shine $14.00 Rep; Sutphen $138.50 Su; Target $358.81 Su; Taylor, L $169.00 Tr; Texas Refinery $794.75 Su; Thome, B $89.13 Tr; Thomson Gale $56.13 Bks; Tigerdirect.com $88.84 Su; Top Hat Furniture $210.26 Su; Tractor Supply $781.60 Su; Trade Assn Mgmt $760.00 Su; Trade Well Pallett $967.50 Su; Tri-City Outdoor Power $29.35 Inv; Turner Body Shop $240.00 Serv; U Save $3.28 Su; Union Oil $18,045.62 Inv; UNISYS $155.20 Su; USPS $162.38 Pstg; Van Diest $4,916.91 Su; Verdicon-Omaha $258.00 Su; Video Kingdom $304.95 Su; Visionary Systems $700.00 Su; Waldenbooks $3.00 Bks; Walmart $1,396.55 Various; Walsh, C $58.09 Tr; Washington State Support $102.01 Ded; Wellmann, P $40.73 Cla; Wessels, W $78.05 Tr; West $436.50 Su; Wiederspan, R $120.46 Tr; Wilke Donovans $338.01 Su; Windswept Ent $29.95 Bks; Xerox $90.25 Serv; Payroll Ending 02-05-2005 -- $246,897.01.  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 March 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 the Agreement between the Kearney Municipal Airport and American Cancer Society for the temporary use of Hangar T-385, ramp area and parking lot on May 20 and 21, 2005 in connection with Relay For Life and approve Resolution No. 2005-21.

 

RESOLUTION NO. 2005-21

 

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 Agreement, on behalf of the City of Kearney, Nebraska, with the American Cancer Society, a copy of the Agreement for the temporary use of Hangar T-385, ramp area and parking lot on May 20 and 21, 2005 in connection with Relay For Life, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF FEBRUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY,

CITY CLERK

 

5.         Approve the recommendation from the Mayor on the appointment of Norris Marshall to serve on the Airport Advisory Board, the reappointment of Vicki Harper to serve on the Downtown Improvement Board, the reappointment of David Klone to serve on the Advisory Board of Park & Recreation Commissioners, and the reappointment of Joyce Lieske and Gwen Traxler to serve on the Kearney Housing Authority.

 

6.         Approve the Agreement between the City of Kearney and Buffalo County for the replacement of sanitary sewer manholes prior to the County paving Antelope Avenue between 39th Street and 56th Street and approve Resolution No. 2005-22.

 

RESOLUTION NO. 2005-22

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Agreement between the City of Kearney and Buffalo County for the rehabilitation or replacement of sanitary sewer manholes in conjunction with the paving improvement project for Antelope Avenue from 39th Street to 56th Street. A copy of the Agreement, marked as Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF FEBRUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve the application for a Special Designated License submitted by C M O, INC., dba “Knights of Columbus 1728” in connection with their Class I27979 Liquor License to dispense beer in the Exposition Building at the Buffalo County Fairgrounds, 3807 Avenue N, on March 18, 2005 from 5:00 p.m. until 9:00 p.m. in connection with the antique tractor pull.

 

8.         Approve Change Order No. 2 showing an increase in the amount of $7,350.00 submitted by Sampson Construction Co., Inc. and approved by Miller & Associates for the Kearney Volunteer Fire Department Training Facility located at the Airport and approve Resolution No. 2005-23.

 

RESOLUTION NO. 2005-23

 

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. 2 showing an increase in the amount of $7,350.00 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

            Change Order No. 2 (2-22-2005)

+    7,350.00

New Contract Sum

$320,660.00

 

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

            PASSED AND APPROVED THIS 22ND DAY OF FEBRUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7144 – REZONING NORTH OF 50TH STREET WEST OF 2ND AVENUE

 

Ordinance No. 7144 rezoning from “District AG, Agricultural District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” property containing 4.05 acres, more or less, and to “District C-2, Community Commercial District” property containing 2.44 acres, more or less, all located in a tract of land being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of 50th Street west of 2nd Avenue) will remain on the table until March 8, 2005.

 

ORDINANCE NO. 7152 – PAVING DISTRICT NO. 2005-894

 

Chapter 16 of the Nebraska Revised Statutes spells out the rules by which paving, water, and sewer districts may be created in public entities.  Attached is a copy of the key statute pertain to the creation of a paving improvement district.  Basically, the Council has the power to create districts and make improvements and assess the costs to the property which is benefited by the improvements.

 

After such a district has been requested, the Mayor and Council by ordinance shall create the district according to Section 16-619 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 the 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 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 which meets the law, the Mayor and Council shall proceed to construct such improvements.

 

The improvements have been identified as needed improvements in the City of Kearney’s One Year improvement plan which was adopted early this year.  According to the state statutes, the Council has the authority to pass ordinances which would create the districts and begin the process prescribed by law.

 

Nebraska law allows cities to assess the benefit of public improvements to the benefited properties through the public improvement district process. In May of 1998, the City Council established the policy for assessment standards for paving districts, based on construction type, land use type and street type. This policy was then amended on June 8, 2004 by Resolution No. 2004-99 to clarify the policy.  11th Street is considered an arterial street, and under the City’s policy, the assessment standards for the reconstruction of an arterial street would be as follows:

            50%      Residential – Low Density (single family and duplex units only)

            75%      Residential – High Density

            75%      Commercial

            75%      Industrial

These percentages reflect the assessment applied to the property and are a proportionate amount of the cost of the improvement that benefits the properties.

 

Director of Public Works Rod Wiederspan stated that at the last Council Meeting the One and Six Year Plan was approved.  Part of the One Year Plan was the improvements on 11th Street from 1st Avenue to approximately 350 feet west of 7th Avenue. 

 

Council member Clouse asked if the City had met with the property owners as it typically does in these larger projects?  Mr. Wiederspan responded they always get together with the neighborhood at the time the City is getting ready to construct the project when arterials are involved.  At this time, the City is only getting ready to construct the district to see if there will be a project.  City staff has met with some of the businesses on the corners or have meetings lined up with those whose property would be greatly impacted by the project.  These would be businesses between 1st Avenue and 4th Avenue where the street would be widened.  If there is not over 50 percent of the abutting property owners petitioning this project out, then the district is created, the preliminary design process will be finalized, the plans and specs will be brought back and then the district goes out for bids.  City staff will meet with the neighborhood at that point when construction will begin, what the detour routes are going to be, etc. 

 

Council member Buschkoetter asked if the property across the street from the restaurant on 11th Street and 2nd Avenue in front of the motel, is owned by the City?  Mr. Wiederspan stated that is part of the State right-of-way.  That land is included in the 50 percent property owners protest process.  City property includes Centennial Park which is a large part of the abutting property.  They take the overall footage and calculate the 50 percent of the abutting property. 

 

Council member Kearney noted that this is part of the City beltway project.  Mr. Wiederspan stated that on 11th Street, they have improved both ends of it.  Three years ago the section between 1st Avenue through Central Avenue was improved out to the City limits on the west side.  This particular piece that is left is a 2 lane section and the City wants to improve it to a 5-lane section at the intersection of 2nd Avenue with a protected left turn lane plus 2 additional through lanes.  Going west there will be a 4-lane section so there will be a 4-lane all the way through on 11th Street. 

 

Council member Clouse asked for some information on the assessments for this district.  There was a resolution passed in June of last year on arterial streets.  Mr. Wiederspan stated that this is the first reconstruction of an arterial that has been done.  For example, 39th Street and 30th Avenue were both streets that were not constructed to City standards (asphalt roads) that were upgraded to a 4-lane section.  As a new street, they have assessed these back to the property owners.  This particular piece is a reconstruction of an existing street, so it is assessed back at 50 percent of the cost to residential property, 75 percent to businesses and multi-family property.  This district is a new reconstruction, which the City has not done in the past.

 

Don Stearley, 4703 Avenue G, stated that they own Lot 1, Block 1, Centennial Addition and asked if he would be responsible for paying for part of the concrete that will go by his duplex rental property?  Mr. Wiederspan stated that there is a provision in the resolution where duplexes or single family that does not have access onto the arterial can ask for a residential special assessment deferral.  If you do not have access onto the arterial, the deferral would not allow the assessment back to that property.  The reason for this is they try to limit the driveways onto the arterials and is stated in the resolution.  He gave Mr. Stearley a copy of the resolution and stated that he would have to submit a letter in writing asking for that deferral.  Mr. Wiederspan further explained that if a property owner had received a deferral but then connected access to the arterial or was rezoned to a multi family or commercial property then at that point it would be assessed back.  At that point it will be assessed for the multi family or commercial rate.   Mr. Stearley requested that work be done on the project on the north side rather than the south side because there is park land that could be used on the south rather than disturbing somebody’s rental. 

 

Bob McCoy, 3302 20th Avenue, and Sandy Milton, Hastings, Nebraska, co-owners of Famous Filmore’s in Kearney addressed the Council.  Mr. McCoy stated that he has had some communication with Mr. Wiederspan regarding this project, but believed that he needs to see some plans because he believed that this is moving too fast for them.  He first learned of this a couple of weeks ago.  He is concerned about where their corporate sign is going to go, where the enter and exit signs are going to be located and will he lose parking out front?  His drive-thru will be hugely affected and will greatly affect the way he does business. More specifically he wanted to know if they will be able to go west through his drive-thru?  He knows that he will lose platform parking, landscaping and his yard. He needs some quality answers.   He also stated that they have limited parking at the present time so taking parking away is a major concern.  He and his partner, Sandy Milton, have a meeting set with Mr. Wiederspan later, but he wanted the Council to be aware of his concerns about needing information to make good quality decisions about his restaurant during the process.  He is still waiting for solid verification from the State that they are not going to come through with a right turn lane in front of their business (which they heard about a couple of years ago) because that would totally eliminate that corner.

 

Council member Clouse asked if anyone from the City had sat down with him and explained the project.  Mr. McCoy replied that basically Bruce Grupe came out and told him that they were going to widen 11th Street to four lanes and pointed to the area where it would be.  However, the questions that he has have not been addressed. He needs some visual plans so that he can see how things will line up.  They have a nice buffer now with the landscaping and the yard for the drive-thru and his concern is his patrons coming through the drive-up window and having the fear of traffic coming right at them.   Some of their patrons drive vehicles that are work related, motor homes or with trailers and if they swing wide they actually go off of their driveway onto the grass.  His fear is if someone makes a wide swing, they will be out in the right-of-way, which will be very dangerous. 

 

Mr. McCoy also expressed concern for the guests who come to his restaurant and cross the street from the motel to the south. He believed with four lanes, no walkway and no traffic light, that people will not be able to cross there.  Mr. Wiederspan responded that they have a set of drawings and tried unsuccessfully to have a meeting last Thursday.  They are trying to set up another meeting. It was his understanding that Mr. McCoy’s attorney has contacted City Attorney Mike Kelley for everyone to sit down and go through the plans hopefully later this week. 

 

Ms. Milton invited everyone to come out to look at the area.  Mr. McCoy stated that Mr. Grupe has been accessible and very nice.  They did try to meet last week, but there was some confusion about the meeting place.  He was hoping to have had a “hands on” meeting before this.

 

Ms. Milton stated her concern that if there is no parking, they will be non-compliant as a restaurant. If they become a non-compliant restaurant would they then become blighted?  Would that affect the future sale of property?    

 

Mr. McCoy asked for an explanation of how the percentage of the property is distributed.  Council member Buschkoetter responded the land across the street is State property.  The State would probably be in favor of the project as the City is who owns Centennial Park, which is about two blocks.  This is 15-20 percent of the property owners and is a big part of the 51 percent needed to vote it out.  Even if the protest is a 50/50 tie, the project is still approved. 

 

Mr. McCoy stated that they have been on that corner for 25 years and Tel Star has a 99 percent occupancy rate, but since they face east this will not really affect their business. The house next door has a small yard, but this will not bother their shrubs.  He did talk to a neighbor, who could not be at this meeting and owns the new apartment building on 11th Street and 4th Avenue. He found out that this person is also against this project and has e-mailed the City and expressed his opinion.   There were a couple of other homeowners he tried to contact but could not get through. 

 

Council member Clouse stated he believes they need to proceed with the paving district but this is a window of opportunity where the communication needs to take place and work through the issues and concerns of Mr. McCoy.  Mr. Wiederspan stated when the City goes out for bids; the plans and specs will be brought back to Council.  Regarding the design, they have moved 11th Street as far south as they can, taking advantage of some of that State property.  The problem is to move it any further south would infringe the Tel-Star property.  At the present time, the back slopes are within six foot of their building, which is still within the public right-of-way, but the City is as far south as can be to make the transition.  The City cannot just put an angle on it to move it south; it has to be done in such a way to make traffic flow. 

 

Mayor Hadley stated that he agrees with Council member Clouse that the paving district can go ahead, but the City needs to have the necessary meetings.  Council member Buschkoetter asked about the impact of tabling this for a couple of weeks.  Mr. Wiederspan replied by delaying the project two weeks would not impact construction schedules that much.  After the district is created, there would still be the 20-day process period and then there is another 30 days allowed for bids.  They wanted to start this project early in the spring so they can take advantage of having a large portion of this done before the July time frame.  July seems to be the highest traffic time in that area for businesses because of the tourism. 

 

Mr. Grupe stated that regarding the delay; he has put the engineers on hold on the design pending the meeting with Mr. McCoy.  Several meetings have been scheduled that did not work out, and since Mr. McCoy has gotten his attorney involved, it is important that we have the City Attorney involved also as a matter of legal protocol.  He has done some preliminary surveying with Mr. McCoy where they have actually marked on the pavement to show where the pavement will end up so we could physically see it in the field.  The City has the plan ready to present and just needs to sit down and discuss it. 

 

Council member Clouse asked what the option is in the event that 51 percent objects, but the City believes it is needed for the bypass?  Mr. Grupe responded the City could choose not to assess it back or look for some other funding source.  If it were petitioned out, the City would look at other options.  The design stage is about seven percent complete.  By halting the plan at this point, should something change in the meeting with Mr. McCoy the design could be altered. 

 

Mr. Grupe stated further that they have also talked to four out of five of the other businesses affected on that corner.  Three of them that are satisfied and he has a meeting scheduled with Tel-Star this week.  The City has moved the street as far to the south as possible, but there are certain design constraints as they come up to the highway on 2nd Avenue.  The State wants that tied in at a 90 degree angle and the City has hedged on that already.  The design standards dictate speeds and design criteria to get it angled over.  There is a lot of property to the south but there is no way to get that traffic shifted over that quickly and get it back to the highway.  He agreed they need to have more discussion and does not anticipate a bid date until May even if the design was started now.

 

Council member Clouse stated he was inclined to table it for a couple of weeks until they have the meeting with Mr. McCoy.  Council member Buschkoetter expressed his concern about creating the district and believed that working with Mr. McCoy and some of the others now that problems in the future could be avoided. 

 

Council member Kearney believed that tabling would be contradicting the belt-way project.  Council member Buschkoetter stated he did not mean to say that he was opposed to it once it is worked out, but believed it needs to be discussed first.  That way Mr. McCoy and the other businesses would know what they are up against before they make a decision to petition it out or not.  He understands that Mr. McCoy does not have a lot of room to negotiate there and believes that the beltway is extremely important.  He believed that after negotiating the very best that can be done, he might have to say to Mr. McCoy that we gave it our best shot, but we have to do the best for the community. 

 

Mayor Hadley stated although he is not opposed to more time for information but his concern is that we have a process for people in the district to opt out.  He did not want to get in the situation of making decisions on the district based on individuals, who talk to us in that district, because that seems to negate the 51 percent rule.  Council member Buschkoetter stated he does not see this setting a precedent because he believes this is a different situation.  Normally, most of the projects are for streets that are unpaved or in shambles, not for a district where the City is trying to make improvements and the City owns a good portion of the property.  He just wants to make sure that when the beltway happens that everyone is happy with it including the people that own property on one of the busiest sections. 

 

Mayor Hadley asked for the City staff’s opinion about allowing more time to develop appropriate answers regarding the impact for Mr. McCoy’s business.  Mr. Wiederspan stated that he thought that if the meeting with Mr. McCoy had taken place last Thursday as planned, he would have the answers to what the project is going to mean for Mr. McCoy.  They do have enough of the design done to go through it with him and specifically address those questions about signage and entry and exits.  There would be sufficient time to meet within the next two weeks with Mr. McCoy and any of the other business owners to be able to bring it back to the next Council meeting.  He also stated that typically they do not start the design process until after the district is created.  Just because of the complexity of this project, they started the design process ahead of the creation.

 

Council member Lear stated that this project was already set out as part of the City’s major road plan and knows that this is a project that is needed.  The information is available for any property owner to access to make an appropriate determination if they want to petition this out and this is just a step in the process.  There will be another step in the design phase to address any issues the best way possible.  Although some people might be negatively affected, that does not mean that the City is not going forward with the project.  He believed that there is plenty of time for that communication to occur for affected landowners to know what is going to happen and get their input so that we can affect that design as much as we can to their benefit.  His thought was if we totally hurt a business with this district, then we need to look at a way to address that issue.

 

Council member Lear stated that part of the concern expressed is that they have a standard practice and they do not want to make this exception.  This is unique in a sense that: 1) it is a major project, 2) it is the first test of a policy that was adopted last year, 3) it will have a major impact on some property owners, and 4) given the percentage of property owners that can protest the district being formed.  All of these things make this situation unique.  He believed that by making an exception for this particular case will not have a negative affect on future districts.  He did not believe the City should pursue further design because of the cost and did not believe that the 2-week delay would be harmful.  If staff would take it back, 1) they would determine exactly what percentages are realistically available to protest the project, 2) address Mr. McCoy’s questions and those of the other property owners to make sure everyone has the same information, and 3) determine what options are available. 

 

Council member Kearney believed that if they start tabling due to negative effects on businesses (sited 30th Avenue as an example) that each time the City has a project there will be a deluge of people opposed every time the City wants to do something. 

 

Council member Lear stated the paving improvement district process and the creation is about conveying information, giving people the opportunity to look at it so that they can make an appropriate decision.  The only question that would cause him to abdicate delay is if the City was not prepared to convey that information. 

 

Council member Kearney made the point that for the eight years that he has been on the Council the beltway has been discussed.  Over the years, there have been numerous articles and maps in the newspaper.  This project has been on the Six Year Plan for a long time so there was information out there. Council member Clouse stated that perhaps knowing about the project, but without knowledge of the design would not indicate the impact of the project.   Even if the district is created, that staff could hold off going forward with the design until it came back to Council.

 

Mayor Hadley stated that his decision is not based on one person coming to the Council meeting stating this will negatively impact him.  The 51 percent rule is the process.  He did not believe that they could open such discussion from individuals on each paving district.  He was adamant that each of the property owners have adequate information to make their decision in the allowed time.  Council member Clouse stated that Mr. Wiederspan and Mr. Grupe are professionals and he was certain that the meetings and information would take place in the next week to provide the necessary information.

 

Bart Langenberg, 318 Huron Drive, owner of a piece of property along the beltway which is the car lot addressed the Council.  His property is a unique piece because it is very small.  One of his concerns is that by the time the street is put up next to the property that will affect the 10-foot green space that is required on all businesses along 2nd Avenue.  It will make his property too small to utilize.  He would like the City Attorney or the Council members to address that green space issue.  City Attorney Michael Kelley responded he would have to look at the zoning code and see how it applies to that piece of property and confer with the planner and the staff. 

 

Mr. Langenberg believed that a key issue is that he owns several properties along 2nd Avenue and has had this green space issue happen to him several times. Recently, he sold a piece of property on 11th Street to the County, which he believes will not have much value when the street is put in there and has to still allow for the 10-foot easements.  His concern is when he goes to get a building permit that the size will be hindered by the green space requirement.  City Attorney Michael Kelley stated that at this point, he is not aware if the City is taking any right-of-way from anywhere.  There might be a small piece on one of the corners, but the project that he has seen (only preliminary plans) are all on existing rights-of-way rather than taking anybody’s property yet.  He told Mr. Langenberg that he would have to look at it and was not sure there will be any impact from the City codes. 

 

Mr. Langenberg believed the impact of the green space code affects people with smaller portions of property.  Mr. Kelley answered if the code applies now, it probably applies in any event regardless of what the City does with this project.  Mr. Langenberg believed that it is relevant because if you look at his particular piece of property, widening the road will abut to the front end of where his cars are parked now and then if you take another 10-foot of green space, it does affect him.   

 

Patricia Roberts, 1214 15th Avenue, voiced her concern that Kearney is becoming a huge concrete block.  On one hand, the City is encouraging people to have green space and on the other they are taking it away. Every time she drives by the corner of 11th Street and 2nd Avenue in the spring or summer time, she looks at the trees and the green space by those businesses and sees the beauty there.  She lives on a 3-lane street which she believes is enough, she does not need five lanes.  She wanted the City to think about this each time they consider taking away trees and landscaping because they are creating pollution.

 

Council Member Clouse introduced Ordinance No. 7152, being Subsection 2 of Agenda Item VI to create Paving Improvement District No. 2005-894 for 11th Street from 1st Avenue to a point 340± feet west of 7th 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: Hadley, Lear, Clouse, Kearney. Nay: Buschkoetter. 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. 7152 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney. Nay: Buschkoetter. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Hadley that Ordinance No. 7152 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Lear. Nay: Buschkoetter. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7152 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.

 

2005 PART II IMPROVEMENTS PLANS AND SEPCIFICATIONS

 

Mayor Hadley opened for discussion the Plans and Specifications for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue and set the bid opening date for March 14, 2005 at 2:00 p.m.

 

In this year’s budget the City of Kearney included $700,000.00 to construct three water connection districts around Northwest Kearney.  The budget also included $100,000.00 to replace water mains that cross under the Union Pacific Railroad tracks.  The budget also includes $300,000.00 for miscellaneous water districts of which we have a balance of about $180,000.00 with approximately $100,000.00 worth of district work projected for the remainder of the year.

 

The Water Connection Districts include Water Connection District 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District 2005-2 for 17th Avenue from 56th Street north 1,000 feet and Water Connection District 2005-3 for 30th Avenue from 48th Street to 56th Street.  These districts are needed in order to loop the City water system for future development in Northwest Kearney and in order for the City water system to be able to accept water delivered from the proposed Northwest Well Field.

 

The water mains that cross under the Union Pacific Railroad tracks need to be replaced because of their age.  These water mains are not constructed in an encasement pipe, which increases the City’s liability to train traffic if they were to break as the one at 14th Avenue did in March of 2004.  These water main crossings are important to the movement of water within the water distribution system.

 

Regarding the Plans and Specifications, the contract requires that the work on the water mains around Northwest Kearney must be completed within a 60-day window between May 1, 2005 and September of 2005 with substantial completion set for September 16, 2005 and final completion set for September 30, 2005.  30th Avenue and 56th Street will not be closed at the same time.  When they are closed they will be open to local traffic only and open for emergency vehicle access both day and night.

 

The work to replace the water mains that cross under the Union Pacific Railroad tracks is scheduled to occur between May 1, 2005 and August 5, 2005 and will include an encasement pipe in order to reduce the City’s liability to train traffic and will allow for repairs and replacement of the water main in the future.  At 5th Avenue, the work will be located along the east side of 5th Avenue.  5th Avenue will not be closed during the project; however, there might be short periods of time when equipment will be moved or set up that may impact traffic on 5th Avenue.  19th Street will be closed just east of 5th Avenue in order to accommodate the connection with the existing water main located in 19th Street.  The contract does not allow 19th Street to be closed for more than two weeks.  After the bore under the railroad tracks is complete it will be necessary to lay a new water main eastward along the north side of North Railroad Street to the alley where the new water main will connect to an existing 14-inch water main that extends northward in the alley to 20th Street.  The contract will not allow North Railroad Street to be closed for more than two weeks in order to complete this work.

 

The water main at Avenue C has been broken and shut down for several years; however, as the City has continued to grow we find that the water main needs to be replaced in order to maintain system pressure and improve water flow for fire fighting capabilities in the area.  It is not anticipated that either Avenue C or North Railroad Street will be closed for any length of time during the work.  However, there may be short periods of time, one to two hours, when North Railroad Street or Avenue C may need to be closed for equipment set up and related work.

 

The 2005 Part II Improvements also includes work to remove and replace three broken water main valves.  The valves are located on 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street and on 21st Street just west of Central Avenue.  In order to replace the valve on 21st Street between 4th Avenue and 5th Avenue, 21st Street will be closed for about two weeks because the valve that needs to be replaced is in a manhole in the middle of 21st Street.  Streets at the other two locations will not be closed during the pavement removal process; however, when the excavation starts the streets will be closed, the old valves will be removed, the new valves will be installed, then the excavation will be backfilled, this work is estimated to take two days.  The streets will then be reopened, the concrete sub-grade for the brick will be poured and the bricks replaced.  The work site will be reopened to traffic in about two days, after the concrete sub-grade for the brick has strengthened.

 

The Utilities Department has included $700,000.00 in this year’s budget for the water connection districts proposed and $100,000.00 for the replacement of the water mains under the Union Pacific Railroad tracks.  The budget also includes about an $80,000.00 balance from the $300,000.00 budgeted for miscellaneous districts for the replacement of the three water main valves.

 

The engineer’s estimate of probable construction cost for the 2005 Part II Improvements ranges from $750,000.00 to $1,000,000.00.

 

The Water Connection Districts proposed in the 2005 Part II Improvements are needed in order to accommodate future growth in Northwest Kearney and to allow the City water system to accept water from the proposed Northwest Well Field.

 

The Avenue C and 5th Avenue Water Main Replacement under the Union Pacific Railroad tracks is needed to reduce the City’s liability to train traffic by replacing old water main with new water main and placing the new water main in an encasement pipe that will allow the water main to be removed, replaced or repaired in the future.

 

The water valves need to be replaced because they are broken now and we want to make sure that the valves are completely opened.  Valves that are completely opened will provide more water in case of fire; also by replacing these valves it will allow the water to downtown Kearney to be shut off in emergency situations such as when a water main breaks.

 

Jeff Peterson from Miller & Associates was present to answer any questions by the Council.

 

Moved by Buschkoetter seconded by Hadley to approve the Plans and Specifications for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue and set the bid opening date for March 14, 2005 at 2:00 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

CEMETERY PAVING IMPROVEMENTS PLANS AND SPECIFICATIONS

 

Mayor Hadley opened for discussion the Plans and Specifications for the 2005 Cemetery Paving Improvements and set the bid opening date for March 15, 2005 at 2:00 p.m.

 

As part of the 2005 Long Range Goals and Budget process, City Council approved the upgrade of the cemetery roads.  Approximately one half of the roadways in need of repair have been replaced in previous projects.  These plans are for the replacement of additional roads within the cemetery.  It is estimated that two more projects this size will complete the required reconstruction.

 

The City is ready to advertise and receive bids for the construction of the aforementioned project.  Attached is a letter from Miller & Associates requesting approval of the plans and specifications and to set the bid opening date for March 15, 2005 at 2:00 p.m.

 

The Engineer’s Opinion of Probable Construction Cost ranges between $50,000.00 and $200,000.00.  The work involved is scheduled be substantially complete before August 31, 2005.  Work on the project will not begin until after Memorial Day.

 

Kent Cordes from Miller & Associates was present to answer any questions by the Council.

 

Moved by Hadley seconded by Kearney to approve the Plans and Specifications for the 2005 Cemetery Paving Improvements and set the bid opening date for March 15, 2005 at 2:00 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS --      NEBRASKA PUBLIC POWER DISTRICT -- $49,508.17; FREMONT NATIONAL BANK -- $35,485.95; PLATTE VALLEY STATE BANK -- $25.00; UNK -- $50.00

 

Moved by Kearney seconded by Buschkoetter that Open Account Claims in the amount of $49,508.17 payable to Nebraska Public Power District, $35,485.95 payable to Fremont National Bank, and $25.00 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Lear and Clouse abstained. Motion carried.

 

Moved by Clouse seconded by Lear that the Open Account Claim in the amount of $50.00 payable to UNK be allowed. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear. Nay: None. Hadley abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 8:31 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK