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Kearney, Nebraska

December 27, 2005

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on December 27, 2005, in the Council Chambers at City Hall.  Present were: Randy Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: Mayor Galen Hadley.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Management Assistant; 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: Katie Morgan, Paul Wice from KGFW Radio, Mike Konz from 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

 

The City Council held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

The Council members led the audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

None.

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Clouse that Subsections 1 through 17 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held December 13, 2005.

 

2.         Approve the following Claims: AT&T $182.30 smcs; 1st Computer Source $59.35 smcs; A.M. Best Co $279.90 smcs; Ace Hardware $61.90 smcs; Advanced Auto Parts $36.88 co; Al-Jon $1,006.95 smcs; Amax $1,060.00 smcs; Amazon $253.11 smcs; Amer Assoc of Airport $225.00 smcs; Amer Electric $623.37 smcs,co; Ampco Parking $23.75 smcs; Anderson,K $12.36 smcs; Antelope Newspaper $138.00 smcs; Armiger Publications $40.80 smcs; Arrow Seed $3,209.52 smcs; Ask Supply $629.06 smcs; Associated Bag $424.92 smcs; Auto Glass Center $7.00 smcs; Baird, Holm, McEachen $200.00 smcs; Baker & Taylor $1,056.63 smcs; Bamford $1,056.74 smcs; BBC Audiobooks $57.00 smcs; Bennett,T $1,080.00 smcs; Best Western Hotel $854.28 smcs; Big Flag Farm $1,551.93 smcs; Blessing $21,895.00 smcs,co; Bluecross Blueshield $194,477.09 smcs; Board of Engineers $100.00 smcs; Bob's Super Store $3.00 smcs; Bombeck,M $14.06 smcs; Boogaarts $8.85 smcs; Bound to Stay Bound $1,869.08 smcs; Bowman,R $22.35 smcs; Bredehoft,A $17.07 smcs; Broadfoot Sand $2,735.76 smcs; Buffalo Co Register Deeds $46.00 smcs; Buggy Bath Car Wash $16.00 smcs; Builders Warehouse $3,121.54 smcs,ps; Cabela's $404.11 smcs; Carr Fine Jewelry $10.00 ps; Carr,N $26.87 smcs; Cash-Wa $233.09 smcs; CED Enterprises $7.00 smcs; Centaur Enterprises $125.97 smcs; Central Auto Electric $45.58 smcs; Central Fire & Safety $59.00 smcs; Central Hydraulic $771.04 smcs; Central NE Bobcat $8.38 smcs; Central NE Equipment $247.91 smcs; Charter Communications $263.18 smcs; Christensen,D $285.00 smcs; City of Ky $66,416.63 smcs,ps; CODI $75.00 smcs; College Savings Plan $50.00 ps; Complete Music $250.00 smcs; Computer Hardware $1,206.95 smcs,co; Computer Warehouse #4 $71.23 smcs; Construction Rental $467.61 smcs; Control Products $965.00 co; Copycat Printing $247.30 smcs; Corp Exp Doc & Print $223.70 smcs; Crossroads Ford $27.76 smcs; Crushers $7,000.00 smcs; Culligan $119.50 smcs; Custom Body $71.66 smcs; Dandee Construction $5,959.00 co; Dare America $180.43 smcs; Dawson Co PPD $10,103.05 smcs; Day,D $10.85 smcs; Deer Trail $30.01 smcs; Deeter Foundry $527.00 smcs; Dell $4,272.34 smcs,co; Depository Trust $286,361.25 ds; Development Council $15,000.00 smcs; Diamond Vogel $62.42 smcs; Dirt Works $540.00 smcs; Disc Golf Assoc $305.55 smcs; Doubletree Hotels $938.20 smcs; Dugan Business Forms $530.17 smcs; Dultmeier Sales $120.76 smcs; Eagle Integrated Solutions $2,850.00 smcs; Eakes $1,012.82 smcs; Earl May $20.14 smcs; ECI Gotomypc.com $371.25 smcs; Eickhoff,B $46.50 ps; Eileens Cookies $55.15 smcs; Elliott $293.63 smcs; Elliott,J $2,255.61 smcs; Elliott,J $120.00 smcs; ESRI $6,300.00 smcs; Expression Wear $2,811.06 smcs; Fairbanks $1,118.27 smcs; Farmers Union Coop $953.60 smcs; Fasse,T $5.92 smcs; Fastenal $713.87 smcs,co; Fedex $45.67 smcs; Floral Expressions $95.85 smcs; Fort Western Outfitters $424.90 smcs; Frontier $7,614.91 smcs; Galls $50.55 ps; Garrett Tires $1,117.92 smcs; Gate 1143 $20.25 smcs; Gaylord Brothers $651.00 co; General Traffic Controls $7,984.00 smcs; Graham Tire $683.10 smcs; Grainger $851.35 smcs; Great Lakes Aviation $2,564.90 smcs; Hall Signs $158.00 smcs; Harbor Freight $95.97 co; Harris Infosource $109.00 smcs; Herbert,G $43.91 smcs; Herrera,J $2.03 smcs; Hertz Rent-A-Car $368.94 smcs; Hobby-Lobby $7.98 smcs; Holiday Inn $319.75 smcs; Holmes Plumbing $598.56 smcs; Hotsy Equipment $157.67 smcs; Howe,C $10.68 smcs; Hyatt Hotels $372.30 smcs; Hydrologic $175.00 smcs; ICMA RC $2,658.55 ps; Inland Truck Parts $83.56 smcs; IRS $88,382.45 ps; Investment Property $1,000.00 co; Jamar Technologies $560.38 co; KKAN-KQMA $202.50 smcs; K&K Parts $211.94 smcs; Kayton Electric $20,799.00 co; Ky Centre Vac $299.95 smcs; Ky Chamber of Comm $241.00 smcs; Ky Clinic $274.00 smcs,ps; Ky Concrete $65.50 smcs; Ky Hub $3,876.43 ps,smcs; Ky Implement $59.19 smcs; Ky Towing $132.50 smcs; Ky Visitors Bureau $11,819.14 smcs; Ky Warehouse $2,169.30 smcs; Ky Winlectric $592.08 smcs; Kelly Supply $59.31 smcs; KGFW $50.00 smcs; Killion Motors $1,456.19 smcs; Kirkham Michael $8,381.05 co; Klaus,M $427.75 smcs; Kmart $9.57 smcs; Kriha Fluid Power $138.03 smcs; KRNY-FM $96.00 smcs; Kyocera $6.38 smcs; L Com $651.64 co; Laser Art Design $1,230.00 smcs,ps; Laughlin,K $360.00 ps; Leadership Ky $200.00 smcs; Lewis,N $138.23 smcs; Lincoln Journal Star $461.60 smcs; Lincoln Truck Center $357.07 smcs; Lindner,S $100.88 smcs; Linweld $445.55 smcs; Lockmobile $64.50 smcs; Mac Tools $112.19 smcs; Machines and Media $393.00 smcs; Magic Cleaning $2,950.00 smcs; Mail Express $20.75 smcs; Manary,M $11.70 smcs; Marlatt Machine Shop $875.92 smcs; Mattley Advertising $275.00 smcs; Mellon,G $60.80 smcs; Menards $821.70 smcs,co; MES $5,068.00 co; MGS Tech $19.64 co; Michael Todd $88.59 smcs; Micro Center $161.39 smcs; Mid America Pay Phones $100.00 smcs; Mid-Am Marketing $64.00 smcs; Middleton Electric $9,231.00 co; Mid-State Units $180.00 smcs; Midway Chevrolet $4.32 smcs; Midwest Turf $87.83 smcs; Milco Environmental $954.00 smcs; Miller & Associates $5,130.00 smcs,co; Miller Signs $360.00 smcs; Momar $517.47 smcs; Morgan,M $43.65 smcs; Mr Automotive $2,139.17 smcs; Napa All Makes Auto $2,034.18 smcs; Nat'l Waterworks $916.25 smcs; NE Child Support $1,458.62 ps; NE Dept of Aeronautics $995.00 ds; NE Dept of Environmental $231,910.25 smcs,ds; NE Dept of Revenue $26,629.67 smcs; NE State Fire Marshall $240.00 smcs; Neal-Schuman Publishers $57.20 smcs; NEland Tire $36.44 smcs; NFPA $675.00 smcs; NE Library Association $62.50 smcs; Nogg Chemical $490.12 smcs; Northwestern Energy $6,573.77 smcs; ODI Our Designs $312.85 smcs,ps; Office Depot $178.09 smcs; Office Max $1,021.94 smcs; Office Net $126.88 smcs; Olympia Petroleum $2,093.00 smcs; O'Reilly $516.89 smcs; Orscheln $217.35 smcs; Overhead Door $249.65 smcs; P.E.P. $102.20 smcs; Paramount $104.09 smcs; Paul A. Otto Curb Grinding $243.00 co; Paulsen $2,559.00 smcs,co; Payne Larson $1,598.15 smcs; Paypal $30.22 smcs; Pepsi-Cola $144.70 smcs; Platte Valley Comm $1,183.92 smcs; Police Officers' Assoc $362.25 smcs; Poore,T $40.00 smcs; Powerplan $18,971.48 smcs; Presco Sales $671.26 smcs; Presto-X $50.00 smcs; Purdy,K $34.04 smcs; Push Pedal Pull $3,796.79 ps; Quill $366.96 smcs; R&J Reindeer $550.00 smcs; R.T. Moore $1,667.00 smcs; Radio Shack $57.75 smcs; Random House $770.60 smcs; Readers Service $149.76 smcs; Reading Group $13.90 smcs; Reams Sprinkler $865.32 smcs; Recorded Books $29.75 smcs; Redman's Shoes $144.83 smcs; RMI MFG $82.00 smcs; Roper's Radiator $724.00 smcs; Rose Equipment $2,646.92 smcs; Sahling Kenworth $677.04 smcs; Sapp Brothers $18,028.00 smcs; Schleiger,R $84.28 smcs; Schriner,D $31.25 smcs; Security Cameras $143.00 smcs; Sensus $1,132.00 smcs; Sesna,D $11.70 smcs; Shell Oil $25.50 smcs; Sherwin Williams $30.23 smcs; Shirt Shack $2,360.32 smcs; Shopping Tripps $610.18 smcs; Sinclair Retail $32.17 smcs; Snap-On Tools $154.50 smcs; Solid Rock $260.00 smcs; Sports Turf Managers $130.00 smcs; St. Luke's Good Samaritan $113,809.00 smcs; Stahla,R $22.28 smcs; Stocker,K $6.73 smcs; Streicher's $148.30 smcs; Summit Heating $162.00 smcs; Sunmart $107.56 smcs; Supercircuits $193.46 smcs; Superior Signals $175.90 smcs; SYX Tigerdirect $1,775.93 smcs,co; Tape Resources $752.00 co; Teahon,D $21.39 smcs; Team Software $100.00 smcs; Tee's Plus $127.12 smcs; Teledyne ISCO $9,276.64 co; Thomson Gale $189.55 smcs; Tielke Enterprise $10.53 smcs; Tractor Supply $913.49 smcs; Tri-City Outdoor $110.37 smcs; Turner Body Shop $570.00 smcs; Unico Group $744.00 smcs; United Air $1,188.90 smcs; Upbeat $2,727.88 co; UPS Store $48.24 smcs; USPS $19.85 smcs; Valk $4,743.50 smcs; Van Diest Supply $3,318.18 smcs; Video Service of America $307.61 smcs; Waldenbooks $125.00 smcs; Wall,M $30.79 smcs; Wal-mart $958.69 smcs; Washington State Support $102.00 ps; Water Products $684.03 smcs; We Care Tree Service $1,545.00 smcs; Weiss Ratings $683.85 smcs; Wellness Works $250.00 ps; Wentz,O $14.87 smcs; Wiederspan,R $325.44 smcs; Wilke Donovans $133.37 smcs; Williams,M $1,380.63 smcs; Woods & Aitken $787.81 co; WPCI $503.00 ps; Yellow Checker Cab $26.00 smcs; Zimmerman Printing $218.00 smcs.  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 January 10, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the following Agricultural Leases at the Kearney Municipal Airport from January 1, 2006 until December 31, 2007: B & B Bendfeldt Farms, L.L.C. and Brenda Bendfeldt (229 acres); David R. Fleming (344 acres); David R. Fleming (272 acres); Donald D. Hendrickson (347 acres); Gary Henderson (52 acres); Gary Henderson (35 acres); Lee Potter (54 acres); Thomas L. Larsen and Theodore A. Larsen (127 acres) and approve Resolution No. 2005-205.

 

RESOLUTION NO. 2005-205

 

BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed on behalf of the City of Kearney, Nebraska to execute the following Agriculture Lease Agreements on property located at the Kearney Municipal Airport from January 1, 2006 until December 31, 2007:

B & B Bendfeldt Farms, L.L.C. and Brenda Bendfeldt (229 acres);

David R. Fleming (344 acres);

David R. Fleming (272 acres);

Donald D. Hendrickson (347 acres);

Gary Henderson (52 acres);

Gary Henderson (35 acres);

Lee Potter (54 acres);

Thomas L. Larsen and Theodore A. Larsen (127 acres)

A copy of the Agreements, marked Exhibits “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, are attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve the Grassland Lease with Ron Hendrickson (75 acres) at the Kearney Municipal Airport from January 1, 2006 until December 31, 2007 and approve Resolution No. 2005-206.

 

RESOLUTION NO. 2005-206

 

BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed on behalf of the City of Kearney, Nebraska to execute the Grassland Lease with Ron Hendrickson (75 acres) at the Kearney Municipal Airport from January 1, 2006 until December 31, 2007. A copy of the Agreement, marked Exhibit “1” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve the Tenant Use and Operations Agreement with Buck Enterprises, Inc. d/b/a Thrifty Car Rental for Building T-927 for aircraft and aviation related component storage, inside hangar only at the Kearney Municipal Airport from January 1, 2006 until December 31, 2010 and approve Resolution No. 2005-207.

 

RESOLUTION NO. 2005-207

 

BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed on behalf of the City of Kearney, Nebraska to execute the Tenant Use and Operations Agreement with Buck Enterprises, Inc. d/b/a Thrifty Car Rental for Building T-927 for aircraft and aviation related component storage, inside hangar only at the Kearney Municipal Airport from January 1, 2006 until December 31, 2010. A copy of the Agreement, marked Exhibit “1” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve the Car Rental Lease Agreement with Buck Enterprises, Inc. d/b/a Thrifty Car Rental for Building T-927 for automobile rental services at the Kearney Municipal Airport from January 1, 2006 until December 31, 2010 and approve Resolution No. 2005-208.

 

RESOLUTION NO. 2005-208

 

BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed on behalf of the City of Kearney, Nebraska to execute the Tenant Car Rental Lease Agreement with Buck Enterprises, Inc. d/b/a Thrifty Car Rental for Building T-927 for automobile rental services at the Kearney Municipal Airport from January 1, 2006 until December 31, 2010. A copy of the Agreement, marked Exhibit “1” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the Agreement with the American Cancer Society for the temporary use of Hangar T-385, ramp area and parking lot on May 5 and 6, 2006 in connection with Relay for Life.

 

9.         Approve the Amendment to Lottery Operator’s Agreement dated August 14, 2001 with Kearney Gaming LLC and approve Resolution No. 2005-209.

 

RESOLUTION NO. 2005-209

 

            WHEREAS, on August 14, 2001 the President and City Council of the City of Kearney authorized and directed the President to execute a Lottery Operator Agreement with Kearney Gaming, LLC.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President is authorized and directed to execute the attached Amendment to Lottery Operator’s Agreement.

PASSED AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                 RANDY BUSCHKOETTER

                                                                              VICE-PRESIDENT OF THE COUNCIL

                                                                              AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve the application to extend Conditional Use Permit No. 2001-03 granted to Beadle, LLC to locate a resource extraction and stock piling operation located ¾ mile north of 56th Street on the west side of Avenue N from January 1, 2006 until January 1, 2008.

 

11.        Approve the application to extend Conditional Use Permit No. 2000-11 granted to Robbi Kirk to operate a day care center located at 1411 East 33rd Drive for a period of one year.

 

12.        Approve Application and Certificate for Payment No. 4 in the amount of $22,956.42 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-210.

 

RESOLUTION NO. 2005-210

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $22,956.42 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$292,727.25

 

 

Contract Sum To Date

292,727.25

Gross Amount Due

275,533.85

Retainage

13,776.69

Amount Due to Date

261,757.16

Less Previous Certificates for Payment

  238,800.74

Current Payment Due

$  22,956.42

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 4, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve Application and Certificate for Payment No. 4 in the amount of $176,144.28 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2005-211.

 

RESOLUTION NO. 2005-211

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $176,144.28 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,036,342.20

            Change Order No. 1 (9-27-2005)

+      9,820.00

Contract Sum To Date

1,046,162.20

Gross Amount Due

771,221.87

Retainage

38,561.09

Amount Due to Date

732,660.78

Less Previous Certificates for Payment

    595,077.59

Current Payment Due

$  176,144.28

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 4, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

14.        Approve and Plans and Specifications to re-bid AIP Project Number 3-31-0045-15 (Airport Apron/Taxilane Improvements) and set the bid opening date for January 24, 2006 at 2:00 p.m.

 

15.        Approve the bids received for the construction of the Environmental Resource Center (ERC) to be located at E.K. & Mary Yanney Heritage Park and approve Resolution No. 2005-212 awarding the bid to Sampson Construction of Kearney, Nebraska in the amount of $567,000.00.

 

RESOLUTION NO. 2005-212

 

            WHEREAS, the City of Kearney has reviewed the sealed bids which were opened on December 12, 2005, at 10:00 a.m. for the construction of the Environmental Resource Center (ERC) to be located at E.K. & Mary Yanney Heritage Park; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $560,494.00; and

WHEREAS, said engineer has recommended the bid offered by Sampson Construction of Kearney, Nebraska in the sum of $567,000.00 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and City Council of the City of Kearney, Nebraska that the Engineer’s recommendation is hereby accepted and approved, that Sampson Construction be and is the lowest responsible bidder for the construction of the Environmental Resource Center (ERC) to be located at E.K. & Mary Yanney Heritage Park, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Sampson Construction in the sum of $567,000.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the Environmental Resource Center (ERC) to be located at E.K. & Mary Yanney Heritage Park in the amount of $560,494.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

16.        Approve the application for a Special Designated License submitted by JCB ENTERPRISES, dba “Bill’s Liquor” in connection with their Class CK39105 catering liquor license to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument, 3060 East 1st Street, on January 22, 2006 from 3:00 p.m. until 11:00 p.m. for a reception for the Western Resource Conservation & Development Association.

 

17.        Authorize the execution of a Corrective Quitclaim Deed for the vacated west 10 feet of Avenue B as it abuts the south half of Lot 1700 and all of Lot 1701, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-213.

 

RESOLUTION NO. 2005-213

 

            WHEREAS, City Council authorized the transfer of the vacated west 10 feet of Avenue B as it abuts certain property owned by Deborah Mitchell pursuant to Ordinance No. 6496 which was passed and approved at the regular meeting of City Council on December 22, 1998; and

            WHEREAS, it has been discovered by the title examiner that the legal description in an earlier recorded quitclaim deed was in error and that the legal description needs to be corrected as there was reference to Lot 1700 rather than Lot 1701 in the original quitclaim deed; and

            WHEREAS, in order to correct this mistake in the legal description, a Corrective Quitclaim Deed needs to be recorded.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed to execute a Corrective Quitclaim Deed and that the City Clerk be instructed to file said Deed with the Buffalo County Register of Deeds. A copy of the said Corrective Quitclaim Deed, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7229 – AMEND SECTION 8-804 OF CITY CODE

 

With the recent Phase II Speed Limit Evaluation Report that was performed by Olsson Associates, a number of speed limit changes have been made along Highway US-30 (25th Street), and Highway N-44/10 (2nd Avenue).  The State Department of Roads has requested that the City update the speed zone ordinance to reflect the speed limit changes for the previously listed highways within the corporate limits.  Attached is the letter from the State, a map depicting the changes and a copy of the new ordinance that reflect the changes.

 

Council Member Clouse introduced Ordinance No. 7229, being Subsection 1 of Agenda Item V to amend Section 8-804 “Specific Limits” of Article 8 “Speed Limitations” of Chapter 8 “Police” of the Code of the City of Kearney to adjust the speed limits on Highway 30 (25th Street) from the west City limits to the east City limits and on Highway 10/44 (2nd Avenue) from the south City limits to the north City limits, 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: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. 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. 7229 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7229 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7229 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.

 

ORDINANCE NO. 7230 – AMEND SECTION 8-915.2 OF CITY CODE

 

Section 8-915.2 of the City Code establishes the Snow Emergency Routes.  It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets during a snow emergency period when the City Manager or his/her designated representative, has, by declaration, prohibited parking on said streets.  A violation of this section is punishable as a traffic infraction in accordance with Section 1-113. With the addition of new streets and their impact on traffic patterns in Kearney, the City needs to periodically update the streets designated as Emergency Snow Routes.

 

Council Member Clouse introduced Ordinance No. 7230, being Subsection 2 of Agenda Item V to  amend Section 8-915.2 “Snow Emergency Routes” of Article 9 “Stopping, Standing and Parking” of Chapter 8 “Police” of the Code of the City of Kearney to amend the Emergency Snow Route to include the following streets: 45th Street from Avenue N to Avenue R, Avenue R from 39th Street to 45th street, 30th Avenue from 11th Street to 45th Street, Avenue M from 11th Street to 27th Street and Avenue N, Grand Avenue from 25th Street to Antelope Avenue, and Antelope Avenue from Highway 30 to 39th 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 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: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. 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. 7230 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7230 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7230 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

 

OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT - $49,246.41; FREMONT NATIONAL BANK - $39,064.19

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $49,246.41 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear. Nay: None. Clouse abstained. Hadley absent. Motion carried.

 

Moved by Kearney seconded by Clouse that Open Account Claims in the amount of $39,064.19 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Lear abstained. Hadley absent. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Clouse seconded by Lear that Council adjourn at 7:05 p.m. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.

 

 

                                                                                    RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK