Kearney, Nebraska
January 25, 2005
7:00 p.m.
Prior to the regular Council meeting, the Council met as the
Board of Directors for the Kearney Municipal Airport Corporation in open and
public session at 7:00 p.m. on January 25, 2005 in the Council Chambers at City
Hall. This meeting adjourned at 7:12 p.m. A meeting of the City Council of
Kearney, Nebraska, was then convened in open and public session at 7:13 p.m. in
the Council Chambers at City Hall. Present were: Galen D. Hadley,
President of the Council; Michaelle Trembly, City Clerk; Council Members Randy
Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.
Michael W. Morgan, City Manager; Michael Kelley, City Attorney; John Prescott,
Assistant City Manager; Wendell Wessels, Director of Finance and
Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in the
audience included: Jane Musil, Ruth Sajevic, Mary Kalb, Jerry Idt, Julie Keough,
Nick Keough, Dan Lynch, Don Dreyer, Joe Dreyer, Richard Stacy, Bill Podraza, Marvion
Reichert, Tim Pritts, Ken Tracy, Bob McCoy, Gary Story, Bruce Grupe, Dave Jenner
from KGFW Radio.
Notice of the meeting was given in advance thereof by
publication in the Kearney Hub, the designated method for giving notice, a copy
of the proof of publication being attached to these minutes. Advance
notice of the meeting was also given to the City Council and a copy of their
acknowledgment or receipt of such notice is attached to these minutes.
Availability of the Agenda was communicated in the advance notice and in the notice
to the Mayor and City Council. All proceedings hereafter shown were taken
while the meeting was open to the attendance of the public.
I. ROUTINE
BUSINESS
INVOCATION
Reverend Michael Shields from Evangelical Free Church
provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scouts Daniel Gibbs and Ryan Sparks led the Council
members and audience in the Pledge of Allegiance.
RECOGNITION – JERRY THOMPSON
Mayor Hadley and Council Members recognized Jerry Thompson
for 20 years of service with the Utilities Department. He was presented a
Resolution of Commendation.
RECOGNITION – JULIE KEOUGH
Mayor Hadley and Council Members recognized Julie Keough for
15 years of service with the Police Department. She was presented a watch.
ORAL COMMUNICATIONS – POLICE DEPARTMENT SENIOR VOLUNTEER
PROGRAM
Ruth Sajevic stated that this is the tenth year of the
volunteer program and if they totaled up all the years of volunteerism it would
be total approximately $100,000.00. The volunteers are very happy to have
been a part of this program. Chief Lynch and Steve Lamken started the
volunteer program ten years ago. Mike Shada became interested in it and he got
all of his “coffee cronies” interested and they decided this was a good
project. She believes that the law enforcement here in Kearney is really
outstanding. She presented their check in the $13,024.00 representing the
work they have done during 2004.
Chief of Police Dan Lynch stated that although he says this
every year, he again wanted to say that this is an arbitrary value that they
have put on the volunteers regarding the number of hours they put in. He
did not believe that this comes anywhere close to the value of what they do for
the Law Enforcement Center. He said it is nice to have 15-16 grandmas and
grandpas at any given time especially for the younger employees, who have the
opportunity to interact with them. He stated no matter how big the check
is, it can never be enough to thank them for what they do.
ORAL COMMUNICATIONS – BUFFALO COUNTY ECONOMIC DEVELOPMENT
COUNCIL ANNUAL REPORT
Ron Tillery, President of the Buffalo County Economic
Development Council, presented their Annual Report to the Council. In
2004, the Development Council began the development of a new strategy to firmly
establish the greater Kearney area, including Buffalo County, as Nebraska’s
opportunity capital. The process began a couple of months ago in a
strategic planning retreat they held at UNK, which Chancellor Christensen and
Mayor Hadley hosted. They began the process to go through a re-evaluation of
how things are done now and in the past and how things should be in the
future. They want to incorporate the best practices from around the country
and from here in Nebraska. They will weave those into the unique
collaborative approaches that they have always used with a great deal of
success in Kearney. The result is a structure and a plan that we believe
positions Buffalo County to be successful for another 20 years. Planning
for success rather than just hoping for success, leads to better and
sustainable results over the long term. Details about the strategy and
the plan are included in the report that was presented to the Council.
In addition to their focus on strategic planning during
2004, they strengthened their investment in advertising, targeted
communications and development of their capacity to attract new investment into
the community. They have seen investments by corporations are being
influenced by specialists in the site selection consulting arena. In
2004, they stepped up their efforts to reach that market and to communicate
more effectively with them. In particular they strengthened their ability
to communicate with them and provide information using technology. They
were pleased to report that those efforts in 2004 are paying real
dividends. Generally speaking over the entire fourth quarter of 2004,
they saw significantly higher activity levels relating to recruitment and
importation of businesses into the community.
He also talked about other measurements of their market’s
performance over the past year. Property valuation in Buffalo County has
increased 5.8 percent to just over $2.33 billion. The City’s valuation
increased 8.2 percent to $1.18 billion. During 2004, the jobs they have created
as a community and Buffalo County increased 5.6 percent for a total of 1,464
jobs and in Kearney increased 5.5 percent for 995 new jobs. These numbers
indicated very aggressive growth in the job arena far outstripping the growth
in population, which suggests that they have a lot of people commuting into our
market place. This indicated there is room for growth in the housing
development area to capture some of those people commuting in for these
jobs.
Retail sales through September (compared to the same period
last year) Kearney $374 million, an increase of 5.9 percent, Buffalo County
retail sales $403 million, an increase of 6.2 percent. The construction
year was strong. They are putting mechanisms to track construction
trending figures throughout the County in the future. Kearney
construction was $61.125 million, which is down from last year, but there were
a couple of very large projects in 2003 that helped the community set a record
year of about $86 million. 2004 can still be considered a strong year
because it exceeded the five-year average which is at $56.5 million.
They are very appreciative of the partnership they have with
the City of Kearney, Buffalo County and the Kearney Area Chamber of Commerce
that enables them to work together for the economic and overall well being of
this region. Portions of this report are typically posted on their
website. These postings include the labor studies, the wage and benefit
studies and the entire economic indicator tracking reports that are in the
report.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
SYDNEY’S
LIQUOR LICENSE AND MANAGER APPLICATIONS
Mayor Hadley opened the public hearing on the application
for a Class “C” (Spirits, Wine and Beer, On and Off Sale) Liquor License
submitted by PRITTS, LLC, dba “Sydney’s” located at 1010 3rd Avenue, consider
the application for Corporate Manager of Timothy Blake Pritts, and to consider
Resolution No. 2005-4.
Council member Lear vacated his chair and abstained from
voting on this matter for the reason the restaurant banks with Platte Valley
State Bank.
Tim Pritts presented this matter to the Council. He and his
wife recently purchased Sydney’s and operating under a temporary license. He
worked at the Lodge Restaurant for nine years before this purchase. The Kearney
Police have been in contact with them regarding training. Mr. Pritts
stated that they have a few new employees, who will need training and they want
to make sure that they get the right training.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Kearney to close the hearing and
approve the application for a Class “C” (Spirits, Wine and Beer, On and Off
Sale) Liquor License submitted by PRITTS, LLC, dba “Sydney’s” located at 1010
3rd Avenue, approve the application for Corporate Manager of Timothy Blake Pritts,
and approve Resolution No. 2005-4. Roll call resulted as follows: Aye: Hadley,
Clouse, Kearney, Buschkoetter. Nay: None. Lear abstaining. Motion carried.
RESOLUTION
NO. 2005-4
WHEREAS, PRITTS, LLC, dba “Sydney’s” has filed with the Nebraska Liquor Control
Commission and the City Clerk of the City of Kearney, Nebraska, an application
for a Class ‘C’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor
License to do business at 1010 3rd Avenue, Kearney, Nebraska, and has paid all
fees and done all things required by law as provided in the Nebraska Liquor
Control Act; and
WHEREAS, PRITTS, LLC, dba “Sydney’s” also filed with the Nebraska Liquor
Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for Corporate Manager of Timothy Blake Pritts; and
WHEREAS, a hearing was held relating to said application on January 25, 2005;
and
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘C’ (Beer, Wine, Distilled
Spirits – On and Off Sale) Liquor License to PRITTS, LLC, dba “Sydney’s”
located at 1010 3rd Avenue, Kearney, Nebraska, and to approve the application
for Corporate Manager of Timothy Blake Pritts.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
IV. CONSENT
AGENDA
Moved by Kearney seconded by Clouse that Subsections 1
through 13 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried.
1. Approve
Minutes of Regular Meeting held January 11, 2005.
2. Approve
the following Claims: Ace Hardware $227.28 Various; Advance Auto Parts $14.86
Su; Agent Fee $22.00 Tr; Air Transportation $1,397.00 Serv; Alltel $195.65 Serv;
Amazon $23.74 Bks; Amer Backflow Prevention Assoc $60.00 Dues; Amer Electric $645.55
Serv; AWWA $68.00 Tr; AMZ Superstore $531.92 Various; Andersen Wrecking $40.00 Bks;
ANHA Bookstore $30.45 Bks; Anixter $127.62 Su; APA Conference $822.00 Tr; APA
Hotel Deposit $150.00 Tr; Applebee's $150.00 Serv; Appliance Service Center
$419.95 Su; Arbuckle, G $15.93 Ref; Atco Mfg $281.88 Su; Baker & Taylor
$1,512.56 Bks; Barney Abstract $570.00 Serv; Bell, M $2.73 Ref; Big Flag
$1,488.15 Various; Blessing $1,080.00 Serv; Bloomfield, C $10.70 Tr; BlueCross BlueShield
$49,917.74 Claims; Bob's Super Store $62.59 Su; Bosselman $16,218.88 Inv; Brown
Traffic Products $6,708.50 Serv; Buffalo Co Court $264.06 Serv; Buggy Bath
$66.50 Rep; Builders $1,501.32 Various; Campbell Pet $34.90 Serv; Capstone
Press $149.16 Bks; Cary, M $31.05 Ref; Casey's General $8.34 Tr; Cash Wa
$224.90 Inv; CDW Govt $210.23 Su; CED Ent $222.75 Su; Cellar $175.00 Serv;
Centaur Ent $281.41 Various; Central Auto $280.30 Inv; Central Dist Health
Dept. $1,926.00 Su; Central Hydraulic $635.60 Various; Central NE Bobcat $21.37
Su; Chartwells $306.00 Serv; Christianbook.Com $222.87 Bks; City of Ky
$71,922.61 Various; Clark Enersen $2,207.93 Serv; Clipper Herald $37.40 Bks;
Cold Spring Granite $87.12 Su; College Savings Plan $50.00 Ded; Colorid Ribbons
$135.00 Su; Computer Hardware $490.00 Various; Computer Pros $25.98 Su; Control
Masters $48.50 Rep; Copycat $405.26 Various; CPI Mfg $85.96 Su; Crossroads
$319.59 Various; Culligan $622.43 Various; Cummins Great Plains $641.96 Inv;
Curtis, N $36.64 Ref; D&M Security $54.00 Rep; Dannehl's Feed $60.70 Su;
Davis Sun Turf $211.55 Rep; Dawson Co PPD $11,353.30 Serv; Debraal, E $25.09
Ref; Dell $2,721.50 Various; DEMCO $48.88 Su; Diamond Vogel $36.72 Su; Diesel
Power Equipment $30.31 Inv; Donrowe $236.00 Inv; Don's Pioneer Uniform $107.00
Various; DPC $4,102.38 Su; Dubs $89.99 Su; Dultmeier $137.88 Inv; Dutton-Lainson
$290.04 Various; Dytrych, D $40.78 Ref; E&S Tool $31.25 Su; Eagle Computer
Systems $1,064.66 Su; Eagle Trailer $65.02 Su; Eakes $1,304.69 Various; Earl
May $45.95 Various; Ebattery $191.00 Su; Ecolab $27.00 Su; ED M. Feld Equipment
$77.00 Rep; EFI Wright Sales $287.83 Su; Eichhorst, J $20.00 Ref; Eileen's
$56.75 Su; Elliott Equipment $92.58 Su; English, C $106.38 Tr; Envirotech
$185.80 Su; Expression Wear $370.76 Su; Fairbanks Intl $2,761.39 Various;
Farmers Union $750.15 Various; Fastenal $126.63 Various; Fausch, C $30.78 Ref; Fedex
$122.79 Pstg; Fiddelke Heating $337.60 Su; Fireguard $27,631.20 Various;
Follett's Bookstore $9.00 Bks; Footjoy $105.56 Inv; FORE! Reservations
$1,100.00 Lease; Frame Shop $135.00 Su; Freburg, N $184.62 Ded; Frontier
$7,573.39 Serv; G.Neil $31.23 Su; Galls $654.80 Various; Garrett Tires $100.50
Various; Gear for Sports $504.00 Inv; General Binding $810.13 Serv; Gillen, A
$18.00 Ref; Glockmeister $431.00 Various; Goodwill $39.94 Su; Graham Tire $5.75
Su; Grainger.Com $422.40 Su; Grand Central IGA $28.63 Various; Great Plains
One-Call $197.28 Serv; Grupe, B $28.52 Tr; Hach $65.19 Rep; Handy Shop $26.21 Tr;
Highsmith $19.12 Su; Hitschfel Inst $50.20 Su; Hobby Lobby $62.36 Su; Holiday
Inn $72.00 Tr; Holiday Stationstore $33.78 Tr; Holmes Plbg $472.80 Various;
Hosier Supply $531.53 Su; IAPE $50.00 Dues, Bks; ICMA $532.00 Dues, Bks; ICMA
RC $3,349.39 Ded; IRS $100,831.73 Ded; J&A Traffic Products $3,823.75 Su;
Jack Lederman $314.50 Various; Johnson Comm College $929.00 Tr; Johnstone
Supply $61.21 Su; Jupiterimages $119.90 Su; K&K Auto Parts $1,888.80
Various; Kayton Electric $7,115.00 Serv; Ky Area Chamber of Commerce $5,910.45
Taxes; Ky Clinic $1,265.00 Serv; Ky Concrete $3,572.42 Various; Ky Crete
$377.64 Various; Ky Glass $105.08 Various; Ky Hub $5,411.54 Serv; Ky Implement
$274.57 Various; Ky WNE $18.64 Inv; Ky Yamaha $249.84 Su; Killion Motors $67.79
Serv; Kiplinger Tax Letter $59.00 Dues; Kirkham Michael $5,324.47 Serv;
Kirkwood, M $12.54 Tr; Kissell, D $99.82 Tr; Kmart $85.50 Su; Koenig, C $20.00
Ref; Kosmicki, K $23.70 Ref; Labsafe $226.97 Su; Laser Art Design $267.00 Su;
Laughlin, K $360.00 Ded; Law Enforcement Accessories $268.50 Various; Lawson
Products $365.07 Various; Lerwick, K $48.26 Ref; Liehs Drilling $1,688.00
Lease; Lightning Powder $119.40 Various; Linweld $413.61 Various; Lockmobile
$59.25 Various; Londer, P $3.70 Ref; LTs Brokerage $706.15 Pstg; Luehrs, L
$6.00 Ref; Maeser, K $37.40 Ref; Magic Cleaning $2,950.00 Serv; Mail Express
$12.37 Pstg; Marlatt Machine $314.09 Various; Matthew Bender & Co $193.15
Dues, Bks; Maverick Books $92.71 Bks; McBride, D $17.48 Ref; McCollister &
Co $1,144.09 Inv; McConnell, D $4.62 Rep; McGraw, R $23.70 Ref; MES $2,027.23
Su; Mid-State Engineering $1,081.00 Serv; Mid-State Units $240.00 Su; Midway
$100.63 Inv; Midwest Lab $1,705.50 Serv; Midwest Turf $534.65 Various; Miller
& Associates $24,188.40 Serv; Miller Signs $1,200.00 Serv; Motorola
$2,439.00 Serv; Mr. Automotive $2,022.47 Various; Mundt, K $117.88 Ref; NAPA
$2,763.60 Various; Nat'l Paper Supply $107.63 Su; NWWA $2,516.99 Various; NE
Child Support $960.97 Ded; NE Dept of Env Quality $12,963.23 Disposal Fee; NE
Dept of Revenue $18,641.89 Taxes; NE Fire Adm Assistants $10.00 Dues; NE
Machinery $37.70 Various; NE Truck Center $30.44 Inv; NE Wine $42.40 Su; NEland
Conf-Bldg Off'l & Inspectors $145.00 Dues; NEWEGG Computers $310.91 Su;
Newman Traffic Signs $400.00 Signs; NFPA Nat'l Fire Protect $625.50 Su; NHHS
Online $114.00 Su; Nickman Bros $945.00 Serv; Nogg Chemical $672.67 Inv;
Northern Tool $114.57 Su; Northstar Audio Books $13.00 Bks; Northwestern Energy
$15,189.38 Serv; NWAGA $25.00 Dues; Office Depot $6.76 Su; Office Max $368.12
Various; Officenet $930.27 Su; Olson, L $27.92 Ref; O'Reilly $1,235.43 Various;
Orscheln $331.67 Various; Overhead Door $1,106.60 Su; P.F. Pettibone & Co
$152.05 Su; Paramount Linen $125.66 Various; Park Seed Whle $80.39 Su; PEP
$48.67 Rep; Perkins $46.19 Serv; Pet Kingdom $80.86 Su; Petersen, R $51.75 Tr; Pickel
Landscaping $20.00 Ref; Pitney Bowes $1,319.00 Serv; Plambeck, R $25.14 Ref;
Platte Valley Comm $2,803.61 Serv; Preferred Mail $97.80 Pstg; Presto-X $50.00
Rep; Pump & Pantry $27.12 Tr; Quill $161.69 Various; R&R Products
$405.30 Su; Radio Shack $82.14 Various; Random House $340.00 Bks; Ready Mixed
Concrete $1,495.26 Rep; Reams Sprinkler Supply $1,244.95 Su; Recognition
Unlimited $44.58 Su; Recorded Books $263.40 Bks; Recreonics $741.87 Su; Reserve
Acct $8,000.00 Pstg; Riekes Material Handling $40.15 Pstg; RKI Instruments
$948.87 Su; Roadbuilders $1,427.52 Inv; Roe, L $29.72 Ref; Russell, C $1,773.00
Tr; Russell, T $26.57 Ref; S&B Heating $59.25 Su; Safety-Kleen $218.20 Rep;
Sahling $1,786.19 Inv; Sampson Construction $50,166.00 Serv; Sandsteadt, M
$9.48 Ref; Scantron $1,505.00 Serv; Schaffintt, W $30.16 Ref; Schmidt, L $28.93
Ref; Schriner, D $35.48 Tr; Schultz, S $19.17 Ref; Sears $149.96 Various;
Sheldon, S $15.00 Ref; Sherwin Williams $46.30 Su; Shirt Shack $524.15 Su;
Showcases $989.55 Serv; Sirchie Finger Print Lab $1,073.27 Serv; Skeeter Barnes
$100.00 Serv; Smith, V $37.71 Ref; Snap On Tools $122.50 Tools; Snider, R $2.73
Ref; Softchoice $254.00 Su; Solid Waste Agency Landfill $167.88 Disposal Fees;
Sorensen Group $19,410.30 Serv; Star Homes $9.05 Ref; State of NE Sec of State
$20.00 Serv; Stevens, J $30.88 Ref; Stocker, K $10.70 Tr; Story, G $51.75 Tr;
Super Shine $28.75 RepSydneys $63.91 Serv; Syndistar $203.00 Su; Target $281.89
Su; Thompson, K $24.42 Tr; Thomson Gale $395.00 Bks; Tool Doctor $32.05 RepTractor
Supply $667.52 Various; Tracy, K $99.82 Tr; Triangle Metals $408.70 Su;
Tri-City Outdoor Power $983.10 Various; U Save Foods $65.05 Su; Unico $506.00 Prem;
United Air $449.70 Pstg; United Distillers $486.50 Su; United Rentals $527.40
Various; UPS $21.00 Pstg; UPS Store $38.32 Pstg; Urbanek, G $99.98 Reim; USPS
$95.36 Pstg; Vega Group $94.00 Su; Ventura Motors $116.39 Ref; Video Services
of America $51.94 Various; Villager Courtyard $64.90 Tr; Waldenbooks $67.88 Bks;
Walgreens $29.45 Su; Walmart $2,400.91 Various; Ward Lab $15.00 Su; Warrington,
D $41.27 Ref; Washington State Support $102.01 Ded; Water Products $367.43 Inv;
Weed, D $8.70 Ref; Wessels, W $120.05 Tr; West $1,330.38 Su; Westfall $888.01
Su; Wicks Sterling Trucks $121.13 Inv; Wiederspan, R $269.92 Tr; Wilke Donovans
$546.81 Su; WPCI $157.00 Serv; Xerox $741.88 Serv; Yanda's $2,224.50 Serv;
Zetterberg, J $1.98 Ref; Zimmerman $2,067.88 Various; Payroll Ending 01-08-2005
-- $273,070.48. The foregoing schedule
of claims is published in accordance with Section 19-1102 of the Revised
Statutes of Nebraska, and is published at an expense of $_________ to the City
of Kearney.
3. Receive
recommendations of Planning Commission and set February 8, 2005 at 7:00 p.m. as
date and time for hearing on those applications where applicable.
4. Ratify
the action taken by the Kearney Municipal Airport Corporation on approving
T-Hangar C-5 Lease Agreement between the Kearney Municipal Airport and Jim Shuey
and approve Resolution No. 2005-5.
RESOLUTION NO. 2005-5
BE IT RESOLVED by the President and
City Council of the City of Kearney, Nebraska, that the President be and is
hereby authorized and directed to execute the T-Hangar C-5 Lease Agreement, on
behalf of the City of Kearney, Nebraska, with Jim Shuey, a copy of the
Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
5. Ratify
the action taken by the Kearney Municipal Airport Corporation on approving the
implementation of a Passenger Facility Charge (PFC) in the amount of $4.00 per
ticket and approve Resolution No. 2005-6.
RESOLUTION NO. 2005-6
WHEREAS, Passenger Facility Charges (PFC’s) are used at commercial airports to
provide capital improvement revenue; and
WHEREAS, Passenger Facility Charges can be used by the airport to support one
or more of the following: (1) pay all or part of the allowable cost for an
approved project; (2) pay bond associated debt service and finance costs; (3)
combine PFC funds with federal grant funds to accomplish an approved project;
and/or (4) apply PFC funds to meet non-federal share of the costs of projects
funded under the federal airport grant programs; and
WHEREAS, approved projects must meet certain criteria addressing one or more of
the following: (1) preserve or enhance safety, security, or capacity on the
national air transportation system; (2) reduce or mitigate noise impacts; and
(3) present opportunities to enhance competition between carriers; and
WHEREAS, the Airport Advisory Board unanimously approved and recommends the
implementation of a Passenger Facility Charge in the amount of Four Dollars
($4.00) per ticket.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, to approve the recommendation of the Airport Advisory Board
and to implement a Passenger Facility Charge in the amount of Four Dollars
($4.00) per ticket subject to approval by the Federal Aviation Administration.
PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
6.
Approve Application and Certificate for Payment No. 3 in the amount of
$13,447.64 submitted by Paulsen, Inc. and approved by Miller & Associates
for the 2004 Part II Improvements – Phase IV consisting of Paving
Improvement District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse
Road and approve Resolution No. 2005-7.
RESOLUTION NO.
2005-7
WHEREAS, Paulsen, Inc. has performed
services in connection with the 2004 Part I Improvements – Phase IV
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
Highway 30 south to LaCrosse Road, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 3 in the amount of $13,447.64 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$776,763.00
|
|
Change Order No. 1 (9-28-2004)
|
-128,000.00
|
|
Change Order No. 2 (11-23-2004)
|
+
870.00
|
|
Contract Sum To Date
|
649,633.00
|
|
Gross Amount Due
|
503,286.20
|
|
Retainage
|
25,164.31
|
|
Amount Due to Date
|
478,121.89
|
|
Less Previous Certificates for Payment
|
464,674.25
|
|
Current Payment Due
|
$ 13,447.64
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 3 as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
7.
Approve Change Order No. 1 showing an increase in the amount of $2,568.00
submitted by Sampson Construction Co., Inc. and approved by Miller &
Associates for the Kearney Volunteer Fire Department Training Complex Storage
and Classroom Facility and approve Resolution No. 2005-8.
RESOLUTION
NO. 2005-8
WHEREAS, Sampson Construction Co.
has performed services in connection with the Kearney Volunteer Fire Department
Training Complex Storage and Classroom Facility, and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 1
showing an increase in the amount of $2,568.00 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$310,742.00
|
|
Change Order No. 1 (1-25-2005)
|
+ 2,568.00
|
|
New Contract Sum
|
$313,310.00
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A”, be and are hereby accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
8.
Approve the recommendation from the Mayor on the appointment of Ron Larsen and
Galen Hadley to serve on the Buffalo County Economic Development Council; the
appointment of Sherry Morrow to serve on the Kearney Area Solid Waste Agency;
and the appointments of Bill McMullen, Tim Loewenstein, Ron Hendrickson, Randy
Buschkoetter and Galen Hadley to serve on the Joint Airport Zoning Board.
9.
Approve the recommendation submitted by the Fire Chief to include the following
as members of the Kearney Volunteer Fire Department: Jerry Folck, James Hallgrimson,
and Eric Pulliam and approve Resolution No. 2005-9.
RESOLUTION
NO. 2005-9
WHEREAS, Mike Martinosky, Chief of the Kearney Volunteer Fire Department, has
forwarded several names of individuals desiring to serve as volunteers in the
Kearney Volunteer Fire Department; and
WHEREAS, based on the recommendation of Chief Martinosky, the City Council of
the City of Kearney, Nebraska hereby finds and determines that said persons
listed are fully capable and qualified to serve a membership in the Kearney
Volunteer Fire Department; and
WHEREAS, in order to be qualified for benefits in accordance with Neb. Rev.
Stat. §48-115, et seq., said volunteer firefighters acting outside the
corporate limits of the City must be officially directed to do so in order to
be eligible.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney,
Nebraska, that those persons recommended by the Chief of the Kearney Volunteer
Fire Department for membership in the Kearney Volunteer Fire Department as set
forth on the attached letter of recommendation, marked Exhibit “A,” attached
hereto and made a part hereof by reference, are hereby confirmed as members of
the Kearney Volunteer Fire Department for the purposes of and in accordance
with Neb. Rev. Stat. §48-115, and that said members are fully entitled to
benefits under the Workers’ Compensation Act.
BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit
“A” are hereby specifically authorized and directed to serve outside the
corporate limits of the municipality under the direction, orders and authority
of the Chief of the Kearney Volunteer Fire Department in accordance with §4-204
of the Kearney City Code.
PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
10.
Approve Application and Certificate for Payment No. 3 in the amount of
$54,959.47 submitted by Starostka Group Unlimited and approved by Miller &
Associates for the 2004 Part VII Improvements – Bid A consisting of
Water District No. 2004-533 for Avenue K from 14th Street north to 15th Street,
Water District No. 2004-534 for 14th Street from Avenue K east to Avenue M;
Sewer District No. 2004-475 for Avenue K from 14th Street north to 15th Street,
Sewer District No. 2004-476 for 14th Street from Avenue K east to Avenue M,
Sewer District No. 2004-477 for 15th Street from Avenue K east to Avenue M;
Water Connection District No. 2004-1 for 20th Street from Avenue M east to
Avenue O, Water Connection District No. 2004-2A for Avenue N from 20th Street north
to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Water
Connection District No. 2004-3A for Avenue O from 20th Street north to the
north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Water Connection
District No. 2004-4 for Avenue D from 11th Street north to 13th Street; Sewer
Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if
extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from
18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s
Grove Addition, Sewer Connection District No. 2004-3 for 20th Street from
Avenue M east to Avenue O, Sewer Connection District No. 2004-4A for Avenue N
from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove
Addition, Sewer Connection District No. 2004-5 for 21st Street from Avenue M
east to Avenue N, Sewer Connection District No. 2004-6 for 22nd Street from
Avenue M east to Avenue N, Sewer Connection District No. 2004-7 for Avenue D
from 11th Street north to 13th Street, and the Water Main Replacement Project
for 4th Avenue between 22nd Street and 23rd Street and approve Resolution No.
2005-10.
RESOLUTION
NO. 2005-10
WHEREAS, Starostka Group Unlimited
has performed services in connection with the 2004 Part VII Improvements –
Bid A consisting of Water District No. 2004-533 for Avenue K from 14th
Street north to 15th Street, Water District No. 2004-534 for 14th Street from
Avenue K east to Avenue M; Sewer District No. 2004-475 for Avenue K from 14th
Street north to 15th Street, Sewer District No. 2004-476 for 14th Street from
Avenue K east to Avenue M, Sewer District No. 2004-477 for 15th Street from
Avenue K east to Avenue M; Water Connection District No. 2004-1 for 20th Street
from Avenue M east to Avenue O, Water Connection District No. 2004-2A for
Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s
Grove Addition, Water Connection District No. 2004-3A for Avenue O from 20th
Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition,
Water Connection District No. 2004-4 for Avenue D from 11th Street north to
13th Street; Sewer Connection District No. 2004-1 in a sanitary sewer easement
in 18th Street, if extended, to Avenue O, Sewer Connection District No. 2004-2A
for Avenue O from 18th Street, if extended, north to the north line of Lot 9,
Block 6, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-3 for
20th Street from Avenue M east to Avenue O, Sewer Connection District No.
2004-4A for Avenue N from 20th Street north to the north line of Lot 11, Block
7, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-5 for 21st
Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-6 for
22nd Street from Avenue M east to Avenue N, Sewer Connection District No.
2004-7 for Avenue D from 11th Street north to 13th Street, and the Water Main
Replacement Project for 4th Avenue between 22nd Street and 23rd Street, and the
City's engineer, Miller & Associates, have filed with the City Clerk
Application and Certificate for Payment No. 3 in the amount of $54,959.47 as
shown on Exhibit “A” attached hereto and made a part hereof by reference and as
follows:
|
Original Contract Sum
|
$472,731.38
|
|
Contract Sum To Date
|
472,731.38
|
|
Gross Amount Due
|
230,939.28
|
|
Retainage
|
23,093.93
|
|
Amount Due to Date
|
207,845.35
|
|
Less Previous Certificates for Payment
|
152,885.88
|
|
Current Payment Due
|
$ 54,959.47
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 3 as shown on Exhibit “A”, be and are hereby
accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
11.
Approve Application and Certificate for Payment No. 1 in the amount of
$48,529.69 submitted by Blessing, LLC and approved by Miller & Associates
for the 2004 Part IX Improvements – Bid B consisting of Paving
Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south
of 11th Street south to its terminus in a cul-de-sac; Paving Improvement
District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3,
east to the east lot line of Lot 6, Block 1, all in Park View Estates Second
Addition to the City of Kearney, Buffalo County, Nebraska and approve
Resolution No. 2005-11.
RESOLUTION
NO. 2005-11
WHEREAS, Blessing, LLC has performed
services in connection with the 2004 Part IX Improvements – Bid B
consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a
point 604± feet south of 11th Street south to its terminus in a cul-de-sac;
Paving Improvement District No. 2004-891 for 8th Street from the west lot line
of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park
View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska,
and the City's engineer, Miller & Associates, have filed with the City
Clerk Application and Certificate for Payment No. 1 in the amount of $48,529.69
as shown on Exhibit “A” attached hereto and made a part hereof by reference and
as follows:
|
Original Contract Sum
|
$188,558.50
|
|
Contract Sum To Date
|
188,558.50
|
|
Gross Amount Due
|
53,921.88
|
|
Retainage
|
5,392.19
|
|
Amount Due to Date
|
48,529.69
|
|
Less Previous Certificates for Payment
|
.00
|
|
Current Payment Due
|
$ 48,529.69
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 1 as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
12.
Approve two applications for a Special Designated Licenses submitted by BAR-D,
LLC, dba “Dome Lounge” in connection with their Class C/K39227 Catering Liquor
License to dispense beer, wine and distilled spirits at the Kearney Event
Center, 609 Platte Road, on February 4, 5, 11, 12, 2005 from 5:00 p.m. until
1:00 a.m. in conjunction with the hockey games.
13. Approve the
negotiated price of $25,605.00 as agreed by Ventos Energy Systems for the
Cemetery Pump Station Upgrade.
V. CONSENT
AGENDA ORDINANCES
ORDINANCE NO. 7142 – SELL VACATED 1ST AVENUE TO JERRY AND
EDITH MARLATT
Back in December of 1969, the property owners at that time presented
a petition to the City Council to vacate the east ten feet and the west ten
feet of 1st Avenue from 19th Street to the Union Pacific Railroad
right-of-way. Some of the property owners previously purchased the
right-of-way as it abutted their property. Jerry and Edith Marlatt contacted
the City expressing a strong interest in purchasing the east ten feet of 1st
Avenue as it abuts their property, Lots 751, 752 and 753, Original Town of
Kearney Junction.
Council Member Clouse introduced Ordinance No. 7142, being
Subsection 1 of Agenda Item V to sell the vacated east ten feet of 1st Avenue
is it abuts Lots 751, 752 and 753, Original Town of Kearney Junction now the
City of Kearney, Buffalo County, Nebraska to Jerry and Edith Marlatt in the
amount of $75.00, and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final
passage. Council Member Lear seconded the motion to suspend the rules.
President of the Council asked for discussion or if anyone in the audience was
interested in the ordinance. No one responded. Clerk called the roll which
resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay:
None. Motion to suspend the rules having been concurred in by three-fourths of
the City Council, said motion was declared passed and adopted. City Clerk read
Ordinance No. 7142 by number. Roll call of those in favor of the passage of
said ordinance on the first reading resulted as follows: Aye: Hadley,
Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was
read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7142 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7142 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
VI. REGULAR
AGENDA
2003-2004 CITY AUDIT REPORT
Mayor Hadley opened for discussion the 2003-2004 Fiscal Year
City Audit Report prepared by the accounting firm of McDermott & Miller.
Each year Mary Kalb of McDermott & Miller, P.C. presents
the City of Kearney Annual Financial Report to the City Council. Once
again, Mary Kalb will be on hand to present the Annual Financial Report and to
answer any questions that the Council Members or Administration may have.
The Council is asked to review the Annual Financial Report in order to become
familiar with the financial condition of the City. The Annual Financial Report
has been prepared within the framework established for local government
financial reporting by the Governmental Accounting Standards Board (GASB).
Mary Kalb from McDermott & Miller presented this matter
to the Council. This is the second year of the GASB 34 report format which
shows all of the funds on an accrual basis. She wanted to point out some of the
highlights of the Management’s Discussion and Analysis. The City of
Kearney’s total net assets increased by around $11 million from the prior year.
Approximately $6 million of that increase is in capital assets, $2 million in
unspent bond proceeds, and $3 million in unrestricted cash. The
unreserved fund balance for the General Fund was a little over $5 million (49%
of total General Fund expenditures), which means that the City has enough in
their General Fund balance to carry about half a year. The State
auditors’ guideline states that you should not have over six months of
expenditures so this meets the guideline. The total debt increase is $1.6
million. Wendell Wessels’ report shows there was a general obligation bond
anticipation note, which accounts for most of that increase in the amount of $3
million. Total assets at the end of 2003 were $100,500,000 and at the end
of 2004 were $111,000,000 that reverts back to the $11,000,000 increase reference
earlier.
Since 2003 was the first year for the report module there
could not be a comparison in net assets. For 2004, they do have
comparative numbers. In 2003, governmental funds were 68% of the increase
in net assets compared to this year of 67%. 2003 the business type
activities (proprietary funds, water, sewer, sanitation, landfill and golf)
were 32% and 33% for 2004. The biggest change from 2003 was in the
capital grants and contributions which were 21% of the total revenue by source
(governmental not proprietary) compared to 28% this year. Most of that
increase can be attributed to subdivisions to the City. Under the GASB,
infrastructure such as streets, sewer lines, etc. is reported which did
increase. Sales Tax for 2003 was 25% of the total revenues by source and 23%
this year. Property tax remained the same at 6%.
Ms. Kalb referred to the list of major capital asset events
during the year which included the following:
·
Training/storage
building for the Fire Department - $181,648,
·
Cottonmill Trail Phase
III Project - $798,244
·
Northeast Drainage
Project - $610,706
·
39th Street Improvement
Project - $897,979
·
56th Street Improvement
Project - $1,119,277
·
30 Avenue Improvement
Project - $748,373
·
New Recycling Center -
$1,167,743
·
Southeast Kearney Sewer
Improvement Project - $25,856
·
Southeast Kearney Water
Improvement Project - $15,095
·
30th Avenue Water Tower
Renovation Project -$245,203
·
Phase I and Phase II
Fencing Project at the Airport - $576,190
·
Runway 18/36
Rejuvenation Project at the Airport - $56,834
Statement of Net Assets as of September 30, 2004 was
$111,384,622, which includes the long-term liabilities, and other long-term
liabilities that typically will not be found in the fund statement such as
compensated absences along with the long-term debt. The Statement of
activities shows where revenue comes from and the expenses and includes these
general revenues, property taxes ($1,387,966), sales taxes ($5,338,573) and
occupation taxes ($968,748).
The Governmental Fund balance sheet does not list long-term
assets and no long-term debt. This shows what the City has as current
funds, but different than the statement of new assets. The General Fund
Statement of Revenues, Expenditures, and Changes in Fund Balance is actual
revenues and expenditures in the year and the budget the City had in effect for
the year. Total Enterprise Funds unrestricted net assets were
$13,122,000. Statement of Federal Financial Rewards is federal money the
City received this year. During the prior year, the City received
$2,800,000 and was down slightly this year. The difference in sources of
federal money was the money in the prior year came from the Department of
Transportation and this year it came from the United States EPA.
Ms. Kalb gave information about a new statement called
Auditing Standard 99 that was effective for auditing this year, which states
that the external auditor has additional responsibility to detect fraud during
the audit. The purpose of their audit has not been to detect
fraud. So the question was how to perform under that
standard. One of the ways is to have internal conversations with
employees of the City. They were to pick these employees at random and
interview them. They did do this along with their other auditing
duties. They talked to different people at different levels about all sorts
of situations. One thing that each of these employees assured the
auditors was that if they ever found an instance where there was a
misappropriation they were aware of; they would have no problem discussing that
with their supervisor or going to someone else and talking about it. She
commented that the environment from which they interviewed was very good in the
City. Long before Statement of Audit Standard 99, Mr. Wessels has
implemented many internal policies to reduce the incidents of the opportunity
for misappropriations. For many years he has gone out and meets with the
people involved in collecting the cash, such as swimming pool, golf course,
etc. She believed that he has greatly eliminated the ability to misappropriate
the cash by being very diligent in that area.
Moved by Hadley seconded by Kearney to accept the 2003-2004
Fiscal Year City Audit Report prepared by the accounting firm of McDermott
& Miller. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
PLANS & SPECIFICATIONS – ROOF REPLACEMENT FOR HARMON
PARK BATHHOUSE AND WEST PORTION OF CITY HALL BUILDING
Mayor Hadley opened for discussion the Plans and
Specifications for the Roof Replacement for Harmon Park Bathhouse and West
Portion of City Hall Building and set the bid opening date for February 15,
2005 at 2:00 p.m.
As part of the Long Range Goals and
Budget process, the City Council approved a reroofing project for the east half
of City Hall in 2002. The Long Range Goals and Budget now allows for the
west half of the building to be replaced this year. The Long Range Goals and
the Budget process also include the replacement of the bathhouse roof at the
Harmon Park Pool.
The City is ready to advertise and receive bids for the roof
replacement for Harmon Park Bathhouse and the west portion of the City Hall
Building project. The Engineer’s Opinion of Probable Construction Cost ranges
between $105,000 and $145,000. The work involved for the Harmon Park
Bathhouse should be substantially complete on or before May 15, 2005 and the
work involved with the City Hall roof should be substantially complete on or
before July 1, 2005.
Richard Stacy from Miller & Associates stated that a year
ago the budget did not allow for re-roofing the entire roof at City Hall so
only the east half was done at that time. This budget year was reserved
for re-roofing the west half of City Hall and adding some additional insulation
and some refurbishing on the roof requiring some general maintenance. The
other part of this project is for the Harmon Park bathhouse which has been
having roof problems.
Moved by Kearney seconded by Clouse to approve the Plans and
Specifications for the Roof Replacement for Harmon Park Bathhouse and West
Portion of City Hall Building and set the bid opening date for February 15,
2005 at 2:00 p.m. Roll call resulted as follows: Aye: Hadley, Kearney,
Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
REVIEW ONE AND SIX YEAR STREET IMPROVEMENT PLAN
Mayor Hadley opened for discussion the One & Six Year
Street Improvement Plan and to set the public hearing for February 8, 2005 to
adopt the One & Six Year Street Improvement Plan.
The Nebraska Department of Roads annually requires the City
of Kearney to submit One and Six Year Plans for street improvements. City
Administration is preparing the plans and is now at the stage for soliciting
input from the City Council and community. The proposed plan is presented at
one meeting to give the City Council and community time to review it and
propose changes prior to adopting the Plan following the public hearing on
February 8, 2005.
Transportation Superintendent Gary Story presented the
proposed One and Six Year Plans to the Council. The proposed plans incorporate
street improvements from the previous Six Year Plan, various new improvements
related to community development needs, and other street/reconstruction needs.
He presented the following proposed One Year Plan.
Project
Estimated Estimated
No.
Location
Total Cost City Cost
|
115
|
30th
Avenue from Highway 30 to 39th Street 5200'
|
$1,300,000
|
$1,000,000
|
|
213
|
University
Drive and Lakeview Drive Intersection
|
$60,000
|
$60,000
|
|
286
|
North
Railroad Street from Central Avenue to Avenue B
|
$460,000
|
$460,000
|
|
287
|
21st
Street and Central Avenue Intersection
|
$85,000
|
$85,000
|
|
288
|
22nd
Street and Central Avenue Intersection
|
$75,000
|
$75,000
|
|
289
|
23rd
Street and Central Avenue Intersection
|
$75,000
|
$75,000
|
|
290
|
24th
Street and Central Avenue Intersection
|
$85,000
|
$85,000
|
|
341
|
11th
Street from 1st Avenue to 7th Avenue
|
$1,200,000
|
$1,200,000
|
|
361
|
29th
Street and 5th Avenue Intersection
|
$250,000
|
$250,000
|
|
381
|
Avenue N
north from 135' to 1700' north of Eastbrooke Drive 1565'
|
$800,000
|
$800,000
|
|
382
|
39th
Street and Avenue A Signal
|
$150,000
|
$150,000
|
|
383
|
25th
Street (Highway 30) and Avenue E
|
$110,000
|
$55,000
|
|
385
|
65th
Street from Avenue N west 850’ Cul-De-Sac
|
$165,000
|
$.00
|
|
386
|
27th
Avenue from 35th Street south 600’
|
$96,000
|
$.00
|
|
387
|
Eastbrooke
Drive from Avenue N west 330’
|
$53,000
|
$.00
|
|
388
|
63rd
Street from Avenue N west 330’
|
$53,000
|
$.00
|
|
389
|
Avenue M
from Eastbrooke Drive to 63rd Street 650’
|
$104,000
|
$.00
|
|
390
|
Avenue M
Place from Eastbrooke Drive south 200’ Cul-De-Sac
|
$32,000
|
$.00
|
|
391
|
Avenue M
Place from 63rd Street north 180’ Cul-De-Sac
|
$29,000
|
$.00
|
|
392
|
12th
Avenue from 8th Street north 500’
|
$95,000
|
$19,000
|
|
393
|
12th
Avenue Place from 8th Street south 180’ Cul-De-Sac
|
$35,000
|
$7,000
|
|
394
|
8th
Street from 115’ east of 12th Avenue to 115’ west of 12th Avenue 300’
|
$60,000
|
$12,000
|
|
395
|
Avenue K
from 14th Street to 15th Street 310’
|
$65,000
|
$13,000
|
|
396
|
14th
Street from Avenue K to Avenue M 600’
|
$120,000
|
$24,000
|
|
397
|
15th
Street from Avenue H to Avenue I 300’
|
$60,000
|
$12,000
|
|
398
|
15th
Street from Avenue K to Avenue M 500’
|
$100,000
|
$20,000
|
|
399
|
Avenue A
from 10th Street to 11th Street 300’
|
$60,000
|
$12,000
|
|
400
|
66th
Street Place from Avenue N west 850’ Cul-De-Sac
|
$170,000
|
$.00
|
|
401
|
Avenue M
Place from 66th Street Place north 110’ Cul-De-Sac
|
$22,000
|
$.00
|
|
402
|
Avenue L
from 65th Street Place to 66th Street Place 280’
|
$56,000
|
$.00
|
|
403
|
West LaPlatte
Drive from Plaza Blvd west 1100’ Cul-De-Sac
|
$220,000
|
$.00
|
|
404
|
LaVista
Drive from West LaPlatte Drive north 135’
|
$27,000
|
$.00
|
|
405
|
27th
Street and Avenue N
|
$120,000
|
$120,000
|
|
406
|
9th
Avenue from 11th Street south 500’
|
$100,000
|
$20,000
|
The following is a schedule of the proposed Six Year Plan:
Project
Estimated Estimated
No.
Location
Total Cost City Cost
|
143
|
25th
Street (Highway 30) from Avenue B to Avenue E 1100'
|
$600,000
|
$120,000
|
|
166
|
39th
Street from Avenue A to 2nd Avenue 1400'
|
$2,500,000
|
$2,500,000
|
|
170
|
39th
Street and 17th Avenue Intersection
|
$300,000
|
$300,000
|
|
237
|
60th
Street from 4th Avenue west 450'
|
$90,000
|
$20,000
|
|
245
|
Country
Club Lane from 35th Street to 39th Street 1200'
|
$500,000
|
$250,000
|
|
267
|
39th
Street from 2nd Avenue to 6th Avenue 1400'
|
$1,200,000
|
$1,200,000
|
|
268
|
Cherry Avenue
Interstate Interchange & Cherry Avenue to Glenwood
|
$20,000,000
|
$4,000,000
|
|
293
|
48th
Street from 6th Avenue to Parkwood Lane 1650'
|
$550,000
|
$200,000
|
|
294
|
48th
Street from Parkwood Lane to 17th Avenue 1900'
|
$620,000
|
$220,000
|
|
300
|
Railroad
Grade-Separation Overpass-Location Determined
By Study
to be 17th Avenue just east of Tailrace
|
$11,000,000
|
$11,000,000
|
|
360
|
56th
Street from 955' east of Avenue N to Airport Road 13500'
|
$6,000,000
|
$6,000,000
|
|
407
|
17th
Avenue from 49th Street north 600'
|
$500,000
|
$500,000
|
|
408
|
50th
Street from 17th Avenue west 600'
|
$170,000
|
$50,000
|
|
409
|
Avenue M
from 1st Street to 11th Street 5300'
|
$2,700,000
|
$2,000,000
|
|
410
|
39th
Street from Avenue F to Avenue M 2100'
|
$1,200,000
|
$1,200,000
|
|
411
|
39th
Street from Avenue A to Avenue F 2100'
|
$1,200,000
|
$1,200,000
|
|
412
|
39th
Street from 30th Avenue west 3700'
|
$1,200,000
|
$1,000,000
|
Transportation Superintendent stated that the first seven
items on the One Year Plan are carry over from last year that were either
delayed or as in the 30th Avenue project was not totally completed.
Director of Public Works stated that a number of the One-Year Plan are clean up
from projects that the City built last year as opposed to doing an amendment to
the One-Year Plan for the State, they wait and run them through at this time
every year. Projects 382 and 383 were carried over from last year and 385
to 391 are projects that are either complete or under construction at this
time.
City Engineer Bruce Grupe stated they are working with the
contractor on work for 30th Avenue from 35th Street to 39th Street that did not
get finished last year. They want to get it done as quickly and
diligently as possible, which will involve working with the Fire
Department. The contractor will begin work as soon as he can in the
spring under liquidated damages when he starts which hopefully will speed up
the process. 30th Avenue will be closed from 35th Street to 42nd Street
and will shift traffic a block to the east on 28th Avenue and 29th Avenue and a
portion will be detoured through Lighthouse Point as opposed to Country Club
Lane.
The north Railroad Street from Central Avenue to Avenue B
will also begin this spring and be completed sometime before Cruise Nite.
This area will be closed to traffic because of the underground work. The
Central Avenue intersections will also begin in the spring. The
specifications allow the contractor to start after high school graduations
because that is a busy time for downtown businesses. This project also is
to be completed before Cruise Nite. There are four intersections involved in
this project and the contractor is allowed to close any two intersections at
one time, but not consecutive intersections. They will lose some parking
but they will keep as much open as they can.
There is a lot of work in progress in Kearney from developer
requested districts. In southeast Kearney around 14th, Street, 15th Street and
Avenue H, there will be ongoing pavement being completed in the spring.
There are a lot more districts being requested in southeast Kearney which will
be brought to the Council in the future. There are also five developer
constructed infrastructures where the developer builds to City specifications
and then the City takes them over which are new residential projects.
The major work on arterials that are being proposed on the
one-year plan are 11th Street from 1st Avenue to 7th Avenue which has been
determined to be upgraded to a 4-lane section and a 5-lane section around 2nd
Avenue and reconstruction of the signals. The goal is to complete the
construction on the beltway to a 4-lane section. Part of obtaining that
goal would be relocating the diagonal parking that is on 11th Street at
Centennial Park. The proposal is to relocate that parking to the alley
directly on the east side of Centennial Park. This will involve rerouting
traffic for most of the summer. The plan is to meet with the business and
residential owners in that area similar, as the City has done in past
projects. They will contact individual businesses that will be directly
affected and will have formal meetings before the project is bid. They have
revised their system of assessing liquidated damages to a much higher dollar
amount to try to avoid some of the problems they had on 30th Avenue.
Another project they want to get done this year is extending
Avenue N to 4-lane out past Eastbrooke Addition to the north City limits.
This area would need to be closed to through traffic and local traffic would be
allowed to the homes in that area. They are under design now to get the
plans ready to install a signal at 27th Street and Avenue N. A signal at
that intersection has been justified and hopefully it will be installed by
early summer.
Council member Kearney asked how the traffic numbers
compared to 30th Avenue. Director of Public Works stated that he would guess
there are approximately 7,500 cars per day on Avenue M/N compared to about
6,000 per day on 30th Avenue. He stated that the City wants to promote
citizens to use that beltway. He believed that citizens are trying to
avoid it at the present time because of not having a traffic signal at Avenue N
and 27th Street, but by getting a signal there will make it easier to get on
and off of Avenue N that will promote that beltway even more. He also
stated that the Avenue H overpass traffic numbers have dropped. A lot of
the traffic that went down Avenue H through the residential neighborhood has
shifted over to the Avenue M/N, which is what the City wanted to see on the
arterials.
Mr. Grupe stated a project that has been on the One-Year
Plan for a while is the University Drive and Lakeview Drive intersection.
They have been unable to warrant a signal at that intersection because of the
relatively small amount of traffic that uses that intersection. They have
had some talks with UNK and they have a master plan for a new campus layout.
UNK presently has some consultants that are working on a plan that would change
some of their traffic flows, which would greatly affect this
intersection. The wait time and site distance at that intersection is not
good, and there is no accident history at this intersection, so he proposed
that the Council wait until UNK has completed their study.
Director of Public Works stated that they had money budgeted
for the Lakeview signal, but believed that the higher priority at this time is
the 27th Street and Avenue M/N signal. There are other solutions that UNK
has talked to him about which he felt will be of great benefit to the City by
perhaps changing this to a 3-lane section, relocating the intersection in lieu
of a signal.
The City has also been looking at the 29th Street and 5th
Avenue signal for the past five years trying to get warrants. This
intersection also fell short of the warrants although the City had money
budgeted for it. He stated that the City needs to explore some other
options such as a traffic circle or a 4-way stop. City Engineer agreed
with the discussion that 4-way stops move a lot of traffic and are safe.
It is almost to a point where the City cannot wait on traffic signals and to
look at alternative solutions.
Council member Clouse asked if the signal on 39th Street and
Avenue A was approved. Director of Public Works stated the City wants to
take a look at that stretch between 2nd Avenue and Avenue A. They want to
take a look at an actual design of lowering that hill and filling the draw
before spending the money to put a signal in or something that would have to be
taken out in the future. The more they looked at the sight vision coming
over the hill, they are not sure that a signal is the safest solution. They
would like to have the design done this year but this is a big project and will
not be done this year.
Transportation Superintendent commented on the discussion
regarding the Avenue M/N overpass that a lot of the traffic is either coming
down Coal Chute Road, around Avenue Q, to 20th Street and over the overpass or
vise versa going to Coal Chute Road or to the Interstate by using the Minden
Exchange, etc. Many times there is traffic backed up on 20th Street at
the stop sign that wants to turn right and go over the overpass when there is
traffic. They have noticed heavy traffic on Coal Chute Road going both
ways that is using that overpass. There are trains much of the time over
Highway 30 across the Highway 10 intersection so people are using the overpass
to avoid Highway 30.
Moved by Clouse seconded by Lear to set the public hearing
for February 8, 2005 to adopt the One & Six Year Street Improvement Plan.
Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney.
Nay: None. Motion carried.
OBJECTIONS TO PAVING IMPROVEMENT DISTRICT NO. 2005-892
Mayor Hadley opened for discussion the report from the City
Clerk on the objections/protests received in connection with Ordinance No. 7141
creating Paving Improvement District No. 2005-892 for Avenue D from 11th Street
to 13th Street.
City Clerk presented this matter to the Council. At the last
Council meeting, January 11, the City Council passed and approved Ordinance No.
7141 creating Paving Improvement District No. 2005-892 for Avenue D from 11th
Street to 13th Street. There are only two property owners involved in this
district.
Administration received a written objection from one of the
property owners within the proposed district. It appears there is
approximately 1,365.25 feet of assessable footage with 760.4 feet in objection
to the creation of the district which represents 55.69 percent. Section
16-620 of the Nebraska Revised Statutes states “If the owners of the record
title representing more than fifty percent of the front footage of the property
abutting or adjoining and continuous or extended street, cul-de-sac, or alley
of the district, or portion thereof which is closed at one end, and who were
such owners at the time the ordinance creating the district was published,
shall file with the city clerk, within twenty days from the first publication
of said notice, written objections to the improvements of a district, said work
shall not be done in said district under said ordinance, but said ordinance
shall be repealed.” Since the objection for the district does represent
more that fifty percent, the district will need to be repealed. Attached is an
ordinance repealing the district.
Council member Lear asked Administration if the City has a
goal of getting areas in southeast Kearney paved so that the City does not have
these gravel streets and in this case there is someone that wants to develop
some single family properties, what are the options for getting some of these
areas paved? Director of Public Works responded that in this particular
case, a gap-paving district could be created. The street is under 1,300
feet which meets the gap paving criteria. If gap paving was approved,
then the abutting property owners do not have any protest rights and the
district would be created and assessed back. In some of the southeast projects,
they have tried to get grant money for gap paving. In this case, because there
is vacant property or a trailer court, probably would not qualify for grant
money. The low to moderate homeowner is not necessarily on this stretch
of road. Another option might be TIF money, but he was not sure if this
area would be in one of the TIF districts.
Gap paving was used in southeast Kearney on Avenue D, south
of 8th Street when 6th Street came in. The Council did approve a gap
paving project to help traffic flow after it was petitioned out. It has
been very limited in Kearney. Council member Lear stated he would like to
see a little more investigation into this and bring it back. He believed that
it is an unusual situation where there is someone who wants to develop some
single-family lots, which improves that area of town. He believed the
City should have a goal of getting rid of the gravel streets in the interior of
the community and have a duty to investigate what other options are available
for that part of the City. Other Council members agreed.
Moved by Lear seconded by Buschkoetter to accept the report
from the City Clerk on the objections/protests received in connection with
Ordinance No. 7141 creating Paving Improvement District No. 2005-892 for Avenue
D from 11th Street to 13th Street. Roll call resulted as follows: Aye: Hadley,
Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
ORDINANCE NO. 7143 – REPEAL ORDINANCE NO. 7141
Council Member Buschkoetter introduced Ordinance No. 7143,
being Subsection 5 of Agenda Item VI to repeal Ordinance No. 7141 creating
Paving Improvement District No. 2005-892 for Avenue D from 11th Street to 13th Street,
and moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member Hadley
seconded the motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Hadley,
Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules
having been concurred in by three-fourths of the City Council, said motion was
declared passed and adopted. City Clerk read Ordinance No. 7143 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Hadley seconded by Kearney that Ordinance No. 7143 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion
carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7143 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT -
$50,162.71; FREMONT NATIONAL BANK - $38,250.24; AND PLATTE VALLEY STATE BANK -
$1,302.86
Moved by Hadley seconded by Kearney that Open Account Claims
in the amount of $50,162.71 payable to Nebraska Public Power District;
$38,250.24 payable to Fremont National Bank; and $1,302.86 payable to Platte
Valley State Bank be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter,
Kearney. Nay: None. Clouse and Lear abstained. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Buschkoetter seconded by Hadley that Council adjourn
at 8:36 p.m. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK