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