Council discuss street project warranty


Discussion on whether or not to seek an additional 12-month warranty for the 2019 Nebraska Street Improvement Project took up considerable time during Tuesday's meeting of the Wayne City Council.

Jon Mooberry with JEO Consulting Group, Inc., spoke to the council on the fact that there is some cracking in the concrete in several locations along Nebraska Street, most notably between Fifth and Sixth Street.

"While this is not unusual, and we have not found any structural problems with the street, we would like to have an extended warranty to monitor the street," Mooberry said.

The current warranty will expire on Oct. 8, 2021.

The contractor on the project, Robert Woehler & Sons Construction, has proposed an additional six month warranty and have the city be responsible for costs associated with this extension. 

Council member Chris Woehler explained the contractor's point of view and issues with having to re-bond the project during the extended warranty time frame.

Discussion centered on whether or not the cause of the concrete cracking could be pinpointed to one issue, such as defective concrete or improper saw cut depth in certain areas of the concrete.

Following discussion, council voted 7-0 to move forward with the request for a 12 month extension on the warranty. Council member Woehler abstained.

In connection with that vote, the council voted 8-0 to approve an agreement with Certified Testing Services, Inc. and the $4,500 cost for pavement sub-grade evaluation services. These tests found no issues with the compaction during the project.

Council members voted unanimously to allow Raegen Reifenrath to keep a rabbit inside city limits as an emotional support animal.

Reinfrath, who is a Wayne State College student and lives on campus, spoke to the council on what she has done prior to coming to council for permission. This includes filling out information for the college, taking the rabbit to a veterinarian and having a letter of support from her therapist.

City Attorney Amy Miller explained the rules in regard to an emotional support animal and how the circumstances of this request were different than the one that came before the council several weeks ago. In addition, she noted that the animal will be housed on the Wayne State College campus and therefore subject to different regulations.

In other action, the council approved a resolution acknowledging the Nebraska Department of Roads requirements for temporary use of Highway 15 through Wayne.

The request was for Christmas on Main on Thursday, Nov. 18.

In conjunction with that request, approval was also given to prohibit parking in the 200 and 300 blocks of Main Street from 5:30 to 8 p.m. for the event.

Approval was given to Paul Lindner to extend sidewalk into the city's terrace/right-of-way at 601 Westwood Road.

Lindner told the council that there is a tree on his property that he plans to keep trimmed but wants the sidewalk to go around the tree. He explained there are other such instances of sidewalk going onto city terrace in the city and should the tree die or otherwise be removed, he would put the sidewalk to its original location. 

A request from Mark Meyer, dba Milo Meyer Construction, Inc. was approved. It will allow Meyer to move a 20 x 50 foot building out of Wayne without having to have an engineer's statement that the move will not damage any city streets.

Council members suggested Meyer move the building in the early morning when there is less traffic in the area involved. The building will be moved from 212 Windom Street to a location outside Wayne. 

Two resolutions involving HunTel.Net, Inc., dba American Broadband were approved.

The first involves an initial community-wide technology over-build agreement between the city and American Broadband. This agreement is similar to one granted to Black Hills Energy earlier this year. It is the first step in the process of completing upgrades in the city.

The second resolution approves the pole use agreement that was originally made with Wayne.Net, LLC (BNT). The agreement has been changed to indicate American Broadband as the licensee.

A payment in the amount of $160,099.933 was approved to Meyers Construction Inc. for the Pine Heights Road & Utility Improvements Project.

Jon Mooberry spoke to the council on the work that has been completed and said he was pleased with the communication that has taken place between the contractor and the property owners in the area.

He did say the project was slightly behind schedule due to several factors, including the finding of some unexpected things when the project began.

An ordinance was passed and the three readings waived for Amendment No. 4 to the contract with Big Rivers Electric Corporation. This will allow for a connecting point closer to Wayne and stabilize the rates for Wayne. This is in response to the situation that was created in the electric industry with Winter Storm Uri in February of this year.

Discussion was also held during Tuesday's meeting on installing storm sewer and paving on Clark Street in the southwest portion of Wayne.

When South Sherman Street was developed, an agreement was put into place to have storm sewers by 2022. Work will get underway to have a design in place to add the project to next year's one- and six-year street improvement plan.

The Wayne City Council will next meet in regular session on Tuesday, Oct. 5 at 5:30 p.m. in council chambers.