Kearney, Nebraska
February 28, 2006
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
February 28, 2006, 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 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: Ruth Sajevic, Jane Musil, Don Dreyer, Bob Lammers, Byron
Hanson, Gerry O’Rourke, Jerry Becker, Dan Lindstrom, Robert Fitzgerald, Steve
Voigt, Dean Bofall, Reed Miller, Chris Miller, Matt Urkoski, Steve Altmaier
from KGFW Radio, and Mike Konz from the Kearney Hub.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council and
a copy of their acknowledgment or receipt of such notice is attached to these
minutes. Availability of the Agenda was communicated in the advance notice and
in the notice to the Mayor and City Council. All proceedings hereafter shown
were taken while the meeting was open to the attendance of the public.
I. ROUTINE
BUSINESS
INVOCATION
Reverend Ken Fairbrother from
Countryside Christian Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Four Boy Scouts from Troop 158
led the Council members and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS – SENIOR
VOLUNTEER PROGRAM AT POLICE DEPARTMENT
Ruth Sajevic addressed the
Council on this matter. She has been a volunteer for 12 years with this
program. This program started on the January 26, 1994 and during that time
there were 17,257 hours donated by the volunteers representing the amount of
$155,313. Those totals make the volunteers feel very important. The check
they presented for 2005 was $12,780 based on 1,420 hours donated. They have
fewer volunteers working now than they have had before. They will be adding
more. It is a job that all the volunteers enjoy and are very pleased and proud
of the group they work with at the Police Department.
Robert Fitzgerald is also
a volunteer and was asked to represent the Chaplain’s program for Buffalo
County Sheriff’s Department and the Police Department. There are four active
chaplains at the present time, who volunteer on a rotation basis one week at a
time. Their primary purpose is for the welfare of the officers. They are
active in death notifications by accompanying officers when they inform
families of deaths so that the officer can move on to their next call. The
chaplain remains until other community pastors can be with those families.
They also follow up with officers involved in traumatic situations. He
mentioned the program that Bobby Payne started a few years ago called the “The
Unseen Back-up”. This includes volunteers from the community, who pray for the
officers in the sheriff’s office, police department and fire department. They
also do jail visits on request. Tim Peterson from a local church has developed
a recovery program. This recovery program is designed specifically for the
person’s situation such as drugs or other habits. This program is a great
service and is very much appreciated and does not cost the community anything.
ORAL COMMUNICATIONS – UNK THE BIG
EVENT
Matt Urkoski, UNK representative
addressed the Council on this matter. He stated that the “Big Event” was founded
at Texas A&M under the direction of the A&M student government. The
“Big Event” started as a student run community effort to give back to the
community at Bryan-College Station. This community service initiative was
started as a means of saying “thank you” to a community that continually supported
their university. Since 1982, the “Big Event” has made enormous strides
nationwide engaging students to reach out to their communities in a most
profound way through community service.
The “Big Event” is now an annual
event that is celebrated at more than 70 major universities across the nation.
This yearly tradition of saying thank you to the community will be started at
the University of Nebraska at Kearney. The University of Nebraska at Kearney students and faculty, fraternities, sororities and any other organization that is
willing to be represented will be doing this. This will provide community
service to organizations and individual members in the Kearney community. This
is a way to say thank you to the Kearney community for all it does for them.
It will take place April 1, 2006. He requested project ideas to be sent to unkbigevent@gmail.com.
Mayor Hadley stated that he has
spent about 35 years in higher education and has also been in three or four
other cities. He did not find a relationship any better than he saw between UNK
and the City of Kearney. He thinks this is a great event and is a way to show
their appreciation to the City. He wished it the greatest success.
Council member Clouse commented
on the volunteers and this UNK event because both of them have to do with
community service and that is what makes this community great.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
PROTESTS FILED AGAINST BILL’S
LIQUOR WEST
Mayor Hadley opened the public
hearing on the protests filed to the issuance of automatic renewal of a Retail
Class D-22849 Liquor License for JCB ENTERPRISES, INC., dba “Bill’s Liquor
West” located at 1214 West 24th Street and to consider approval of Resolution
No. 2006-25.
Section 53-135.01 of the Nebraska
Revised Statutes requires the city clerk to publish in a legal newspaper, one
time between January 10 and January 30 of each year, individual notices of the
right of automatic renewal of each Non-Class C liquor license within the City
of Kearney. These notices were published in the Kearney Hub on January 20th.
The published notice states that written protests to the issuance of automatic
renewal of license may be filed by any resident of the city on or before
February 10, 2006 in the office of the city clerk. In the event protests are
filed by three or more such persons, a hearing will be held to determine
whether continuation of the license should be allowed.
The City has received several
protests from citizens within the City as well as citizens that live outside
the City prior to the February 10th deadline and copies of the protest letters
were given to the City Council prior to the meeting.
City Manager Michael Morgan
stated that on October 19, 2005, the Liquor Commission held a hearing and
revoked the license of Bill’s Liquor West. On December 1, 2005, Bill’s Liquor
West filed a motion with the Liquor Commission asking them to reconsider its
decision to revoke their license and on January 26 the Liquor Commission denied
the motion to reconsider. On Friday, the City received notice that the
applicant filed an appeal in the Lancaster District Court. The District Court
has ordered a stay of enforcement of the order of the Liquor Commission and
further ordered that should the applicant’s Class “D” or Class “CK” liquor
licenses expire during this appeal, the Liquor Commission is to automatically
renew this applicant’s license. Therefore, the City Council has no authority
to make any recommendation with regard to this matter and is further ordered to
renew the license in accordance with the Court’s Order.
Dan Lindstrom, attorney for JCB
Enterprises, stated that he was present to act as a resource person and urged
the Council to move forward with the issuance of the license. He stated that the
City Manager has accurately stated the course of events that have taken place
to date. He asked for any further questions. Council members agreed that the
court order was very direct in its meaning.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Clouse to close the hearing on the protests filed to the issuance of automatic
renewal of a Retail Class D-22849 Liquor License for JCB ENTERPRISES, INC., dba
“Bill’s Liquor West” located at 1214 West 24th Street and to approve Resolution
No. 2006-25 taking no action since the Lancaster District Court ordered that
during the pendency of this appeal, the Nebraska Liquor Control Commission is
to automatically renew the license. Roll call resulted as follows: Aye: Hadley,
Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2006-25
WHEREAS, JCB
ENTERPRISES, INC., dba “Bill’s Liquor West” has managed a Class ‘D’ (Beer, Wine,
Distilled Spirits – Off Sale Only) Liquor License at 1214 West 24th Street,
Kearney, Nebraska; and
WHEREAS, in
accordance with Section 53-135.01 of the Nebraska Revised Statutes, the City
Clerk published individual notices of the right of automatic renewal of each
retail liquor and beer licenses, except Class C licenses, within the City of
Kearney, Nebraska; and
WHEREAS, written
protests to the issuance of the automatic renewal of JCB ENTERPRISES, INC., dba
“Bill’s Liquor West” were filed prior to February 10, 2006; and
WHEREAS, the Kearney
City Council held a hearing on February 28, 2006 to determine whether
continuation of the license should be allowed; and
WHEREAS, the Nebraska
Liquor Control Commission held a hearing in October 19, 2005 and revoked the
liquor license held by Bill’s Liquor West; and
WHEREAS, on December
1, 2005 Bill’s Liquor West filed a motion with the Nebraska Liquor Control
Commission asking them to reconsider its decision to revoke their license; and
WHEREAS, on January
26, 2006 the Nebraska Liquor Control Commission denied the motion to
reconsider; and
WHEREAS, Bill’s
Liquor West has filed an appeal in the Lancaster District Court on the Nebraska
Liquor Control Commission’s decision.
NOW, THEREFORE, BE IT
RESOLVED that the President and City Council of the City of Kearney, Nebraska
has conducted a public hearing in accordance with Section 53-135.01 of the
Nebraska Revised Statutes to hear the protests filed and has determined to take
no action since the Lancaster District Court ordered that during the pendency
of this appeal, the Nebraska Liquor Control Commission is to automatically
renew the license.
PASSED AND APPROVED
THIS 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
IV. CONSENT AGENDA
Moved by Clouse seconded by Lear
that Subsections 1 through 16 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 February 14, 2006.
2. Approve the following
Claims: AT&T $162.58 smcs; ABC Seamless Gutter $336.00 smcs; Ace Hardware $132.46
smcs,co; Ace Irrigation $1,470.37 co; ACS Firehouse Solutions $700.00 smcs; Advanced
Auto Parts $88.52 smcs; Alexander Hamilton Inst $150.76 smcs; All Wall Equip $190.23
co; Alltel $2,058.26 smcs; Amax Contracting $40.56 co; Amazon $601.63 smcs; Amer
Electric $615.95 smcs,co; Amer Traffic Safety $79.00 smcs; Amerus Life $1,220.00
ps; Amoco Oil $21.44 smcs; APA-Conference $730.00 smcs; August House Publishers
$17.95 smcs; Austin Hardware $41.27 smcs; Authorhouse $45.32 smcs; B&B Auto
Glass $140.00 smcs; B&H Photo-Video.com $174.16 smcs,co; Baker & Taylor
$834.46 smcs; Bamford $302.55 smcs; Barney Abstract $175.00 co; BBC Audiobooks $188.35
smcs; Big Flag Farm Supply $450.00 smcs; Bill's Trailer $33.00 smcs; Bluecross
Blueshield $60,574.59 smcs; Boogaarts $16.23 smcs; Bosselman $18,354.87 smcs; Brodart
$6,803.00 co; Brown,A $39.00 smcs; Buggy Bath $15.50 smcs; Builders Warehouse $2,194.27
smcs,co; Cabela's $149.99 co; Cables to Go $29.54 smcs; Cash-Wa Distributing $329.45
smcs; Central Auto Electric $57.28 smcs; Central Hydraulic System $1,845.04 smcs;
Central NE Bobcat $52.95 smcs; City of Ky $7,833.99 smcs,ps; Cold Spring
Granite $110.66 smcs; College Directory Publishing $780.00 smcs; College
Savings Plan of NE $50.00 ps; Commontime.com $75.00 co; Computer Hardware $138.95
smcs,co; Computer Pros $738.50 smcs; Computer Warehouse #4 $59.99 co; Computerized
Fleet $2,995.00 smcs; Construction Rental $928.00 smcs; Copycat Printing $72.92
smcs; Council on Education $279.00 smcs; Crossroads Ford $186.36 smcs; CTI-Chiswick
Bags Bows $251.56 smcs; Cummins Central Power $35.16 smcs; Danielson,S $222.98 smcs;
Dawson Co. PPD $10,432.46 smcs; Dell $3,058.30 smcs,co; Depository Trust $14,285.00
ds; Dept of the Treasury $13.65 ps; Development Council $650.00 smcs; Diamond
Vogel $95.95 smcs; Dibbern,B $5,000.00 co; Direct Safety $101.24 smcs; Dobberstein
Roofing $37,426.90 co; DR-www.shareit.info $604.00 co; Dubs $259.96 smcs; Dultmeier
Sales $921.45 smcs; Eakes $1,307.76 smcs; Eddys $29.00 smcs; Elvin Safety
Supply $408.76 smcs; Emblem Enterprises $763.75 ps; Eustis Body Shop $155.00 smcs;
Fairbanks Int'l $38.88 smcs; Farmers Union $68.26 smcs; Fastenal $954.24 smcs; Fedex
$17.04 smcs; Fenemore,C $54.00 smcs; Fireguard $822.50 smcs; Fisher-Price $36.95
smcs; Garrett Appliance Service $209.95 smcs; Garrett Tires $478.83 smcs; Gealy's
Greenhouse $1,163.48 smcs; Gear for Sports $789.17 smcs; General Traffic
Controls $111.89 smcs; Genealogical Publishing $145.32 smcs; Gordon's Small
Engine $21.53 smcs; Gould,R $24.00 smcs; Grainger $2,097.81 smcs,co; GWP-Park
Seed $101.22 smcs; Hach $685.74 smcs; Hampton Inns $237.63 smcs; HGO-CH
Software Part $39.95 smcs; Hobby Lobby $166.32 smcs,co; Hogan's Sporting Goods $538.00
smcs; Holiday Inn $477.55 smcs; Holmes Plumbing $290.68 smcs,co; Howard's Glass
$91.48 smcs; Howe,C $53.76 smcs; Hydrologic $175.00 smcs; ICMA RC $2,623.13 ps;
Info Data Exchange $262.50 smcs; IRS $85,346.60 ps; Jack Lederman $21.60 smcs; JC
Penney $104.97 smcs; Johnson Service $5,586.25 co; Johnstone Supply $56.23 smcs;
JRM $481.74 smcs; JRs Western $121.92 smcs; K&K Parts $1,847.58 smcs; Kayton
Electric $43,154.74 co; Ky Clinic $35.00 smcs; Ky Hub $2,161.11 smcs; Ky
Implement $1,600.88 smcs; Ky Warehouse $233.36 smcs; Ky Winlectric $29.88 smcs;
Ky Winnelson $5.58 smcs; Ky Yamaha $667.54 smcs; Keating, O'Gara, Nedved & $1,042.37
smcs; Kelly Supply $854.80 smcs; Killion Motors $908.10 smcs; Kirkham Michael $3,609.16
co; Klaus,M $59.99 smcs; Landscape Architecture $310.00 smcs; Laser Art Design $109.00
smcs; Lasertec $155.00 smcs; Laughlin,K $360.00 ps; Lead Marketing-Battery $176.00
smcs; League of NE Municipalities $325.00 smcs; Lifeguard Store $27.75 smcs; Linweld
$405.19 smcs; Lock and Safe $3.99 smcs; Logan $375.00 co; Lukasiewicz,M $40.97 smcs;
Magic Cleaning $3,550.00 smcs; Maines Electric $355.00 smcs; Marlatt Machine
Shop $376.38 smcs; Marriott $460.32 smcs; Matthew Bender $199.25 smcs; Menards $1,050.91
smcs,co; Mid America Pay Phones $100.00 smcs; Midwest Laboratories $333.00 smcs;
Midwest Turf $30.16 smcs; Milco Environmental $166.50 smcs; Miller &
Associates $3,767.50 co; Mirror Image $40.00 smcs; Misko Sports $102.55 smcs; Morgan,M
$126.10 smcs; Mr Automotive $1,992.08 smcs; MSC Industrial $134.09 smcs; Municipal
Supply $8,111.01 smcs; Napa All Makes Auto $928.00 smcs,co; Nat-Geo Catalog $17.95
smcs; Nat-Geo Webstore $39.95 smcs; NWWA $11,822.05 smcs; NE Child Support $1,535.83
ps; NE Dept Aeronautics $995.00 ds; NE Dept of Revenue $23,730.92 smcs; NE
Health Lab $651.00 smcs; NE Library Commission $35.00 smcs; NE Licensed Bev
Assoc. $170.00 smcs; NE Machinery $1,049.29 smcs; Neevia Technology $19.00 smcs;
Network Solutions $34.99 smcs; NFPA $135.00 smcs; Nielsen,B $31.25 smcs; NLETC $100.00
smcs; Nogg Chemical $611.23 smcs; Northern Tool $179.99 co; Northstar Audio
Books $16.00 smcs; Northwestern $4,815.09 smcs; Nowak,M $24.00 smcs; Office
Depot $102.45 smcs; Office Max $874.59 smcs,co; O'Keefe Elevator $125.92 smcs; OMB
Police Supply $297.96 smcs,co; O'Reilly $339.73 smcs; Orscheln $338.25 smcs; Overhead
Door $90.96 smcs; Paramount $18.00 smcs; Parker,Grossart, Bahensky $573,005.50 co;
Pep Co $51.10 smcs; Pepsi-Cola $251.80 smcs; Perspectives $56.45 co; Pitney
Bowes $319.00 smcs; Platte Valley Comm $8,877.66 smcs; Positive Promotions $43.95
smcs; Premiere Products $748.74 smcs; Presto-X $160.00 smcs; Protex Central $78.00
smcs; Quill $226.75 smcs; Quinlan Publishing $154.97 smcs; Radio Shack $189.48 smcs,co;
Random House $338.60 smcs; Recorded Books $1,286.70 smcs; Redman's Shoes $298.46
smcs; Regional Books $22.38 smcs; Reinkes Heating $52.75 smcs; Respond First
Aid Systems $136.90 smcs; Sage,P $16.33 smcs; Sahling Kenworth $24.74 smcs; Sears
$88.94 smcs; Service Plus $390.45 smcs; Sewer Equipment $15,191.86 co; Shell
Oil $30.01 smcs; Sherwin Williams $223.90 smcs,co; Shirt Shack $1,029.45 smcs; Simpson,J
$39.34 smcs; Steffen,M $24.00 smcs; Sunmart $13.57 smcs; Super Media Store $359.85
smcs,co; Super Shine $9.25 smcs; Sutphen $1,100.00 smcs; Syndistar $176.00 smcs;
SYX Tigerdirect $1,903.22 smcs,co; Thinq Technologies $181.00 co; Thomson Gale $56.15
smcs; Tractor Supply $597.64 smcs,co; Trade Assn Mgt $200.00 smcs; Treo Central
$191.70 co; Tri City Outdoor Power $81.87 smcs; U.S. Postmaster $580.00 smcs; Unifire
Power Blowers $68.86 smcs; Union Oil $1,536.00 smcs; UPS $28.65 smcs; USPS $230.90
smcs; Van Diest Supply $828.00 smcs; Walgreen $12.16 smcs; Walmart $1,039.08 smcs;
Water Products $202.77 smcs; Wellman,P $29.67 smcs; Wicks Sterling Trucks $949.22
smcs; Wilke Donovan's $295.21 smcs,co; Williams,M $138.78 smcs; Winternals
Software $275.80 smcs; Woodside,M $161.55 smcs; Yandas Music $15.00 smcs;
Payroll Ending 2-18-2006 -- $263,627.62. The foregoing schedule of claims is
published in accordance with Section 19-1102 of the Revised Statutes of
Nebraska, and is published at an expense of $_________ to the City of Kearney.
3. Receive
recommendations of Planning Commission and set March 14, 2006 at 7:00 p.m. as
date and time for hearing on those applications where applicable.
4. Approve the bids
received for the 2005 Part I Improvements consisting of Paving
Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5
of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block
2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving
Improvement District No. 2005-904A for Avenue N from the south lot line of Lot
4, Eastbrooke Fourth Addition, thence north a distance of 210± feet and approve
Resolution No. 2006-26 awarding the bid for Schedule A to Paulsen, Inc. of
Cozad, Nebraska in the amount of $684,445.60.
RESOLUTION
NO. 2006-26
WHEREAS, sealed bids
which were opened on February 14, 2006, at 10:00 a.m. by the Buffalo County
Board of Supervisors and Miller & Associates and the City of Kearney have
reviewed the bids received for the City’s portion of the project of the 2005
Part I Improvements – Bid A consisting of Paving Improvement District No.
2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge
Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth
Addition, north a distance of 1,698.08± feet; Paving Improvement District No.
2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth
Addition, thence north a distance of 210± feet; and
WHEREAS, the
Engineer’s Opinion of Probable Construction Cost was $689,757.00 for Bid A –
the City’s portion of the project; and
WHEREAS, the
said engineers have recommended the bid offered by Paulsen, Inc. of Cozad, Nebraska in the sum of $684,445.60 for Bid A – the City’s portion of the project be
accepted as the lowest responsible bids.
NOW, THEREFORE, BE IT
RESOLVED by the President and City Council of the City of Kearney, Nebraska
that the Engineers recommendation is hereby accepted and approved, that
Paulsen, Inc. of Cozad, Nebraska be and is the lowest responsible bidder for
the City’s portion of the project of the 2005 Part I Improvements – Bid A
consisting of Paving Improvement District No. 2005-903 for Avenue N from the
north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot
line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of
1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the
south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of
210± feet to be constructed in accordance with the plans and specifications on
file with the City Clerk and that the bid of Paulsen, Inc. of Cozad, Nebraska
in the sum of $684,445.60 be and is hereby accepted for Bid A – the City’s
portion of the project.
BE IT FURTHER
RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2005 Part
I Improvements – Bid A the City’s portion of the project in the amount of
$689,757.00 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 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
5. Approve the bids
received for the 2005 Part V Improvements consisting of Paving Improvement
District No. 2002-870 for the alley between Avenue A and Avenue B from 21st
Street to Railroad Street; Paving Improvement District No. 2005-900 for the
alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South
Kearney Addition and approve Resolution No. 2006-27 awarding the bid to
Concrete Workers of Kearney, Nebraska in the amount of $69,425.50.
RESOLUTION
NO. 2006-27
WHEREAS, Miller &
Associates and the City of Kearney have reviewed the sealed bids which were
opened on February 21, 2006, 2006, at 2:00 p.m. for the 2005 Part V
Improvements consisting of Paving Improvement District No. 2002-870 for the
alley between Avenue A and Avenue B from 21st Street to Railroad Street; Paving
Improvement District No. 2005-900 for the alley lying south of 11th Street as
it abuts Lots 41, 42, 51, and 52, South Kearney Addition; and
WHEREAS, the
Engineer’s Opinion of Probable Construction Cost was $74,802.00; and
WHEREAS, the
said engineers have recommended the bid offered by Concrete Workers of Kearney,
Nebraska in the sum of $69,425.50 be accepted as the lowest responsible bids.
NOW, THEREFORE, BE IT
RESOLVED by the President and City Council of the City of Kearney, Nebraska
that the Engineers recommendation is hereby accepted and approved, that
Concrete Workers of Kearney, Nebraska be and is the lowest responsible bidder
for the 2005 Part V Improvements consisting of Paving Improvement
District No. 2002-870 for the alley between Avenue A and Avenue B from 21st
Street to Railroad Street; Paving Improvement District No. 2005-900 for the
alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South
Kearney Addition to be constructed in accordance with the plans and
specifications on file with the City Clerk and that the bid of Concrete Workers
of Kearney, Nebraska in the sum of $69,425.50 be and is hereby accepted.
BE IT FURTHER
RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2005 Part
V Improvements in the amount of $74,802.00 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 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
6. Approve the bids
received for the 2005 Part VI Improvements consisting of Paving
Improvement District No. 2005-905 for 47th Street Place from 6th Avenue to its
terminus in a cul-de-sac; Paving Improvement District No. 2005-906 for 4th
Avenue from 44th Street north to 48th Street; Water District No. 2005-541 for
47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Water
District No. 2005-542A for 4th Avenue from 44th Street north a distance of
734.2± feet; Sewer District No. 2005-484 for 47th Street Place from 6th Avenue
to its terminus in a cul-de-sac; and Sewer District No. 2005-485A for 4th
Avenue from 44th Street north a distance of 734.2± feet and approve Resolution
No. 2006-28 awarding the bid to Midlands Contracting, Inc. of Kearney, Nebraska
in the amount of $97,271.00 for Bid A (Water and Sewer Districts) and to
Blessing, Inc. of Kearney, Nebraska in the amount of $200,101.60 for Bid B
(Paving Districts).
RESOLUTION
NO. 2006-28
WHEREAS, Miller &
Associates and the City of Kearney have reviewed the sealed bids which were
opened on February 21, 2006, at 2:00 p.m. for the 2005 Part VI Improvements
consisting of Paving Improvement District No. 2005-905 for 47th Street Place
from 6th Avenue to its terminus in a cul-de-sac; Paving Improvement District
No. 2005-906 for 4th Avenue from 44th Street north to 48th Street; Water
District No. 2005-541 for 47th Street Place from 6th Avenue to its terminus in
a cul-de-sac; Water District No. 2005-542A for 4th Avenue from 44th Street
north a distance of 734.2± feet; Sewer District No. 2005-484 for 47th Street
Place from 6th Avenue to its terminus in a cul-de-sac; and Sewer District No. 2005-485A
for 4th Avenue from 44th Street north a distance of 734.2± feet; and
WHEREAS, the
Engineer’s Opinion of Probable Construction Cost was $97,657.00 for Bid A
(Water and Sewer) and $246,813.00 for Bid B (Paving); and
WHEREAS, the
said engineers have recommended the bid offered by Midlands Contracting of
Kearney, Nebraska in the sum of $97,271.00 for Bid A (Water and Sewer), and
Blessing, LLC of Kearney, Nebraska in the sum of $200,101.60 for Bid B (Paving)
be accepted as the lowest responsible bids.
NOW, THEREFORE, BE IT
RESOLVED by the President and City Council of the City of Kearney, Nebraska
that the Engineers recommendation is hereby accepted and approved, that
Midlands Contracting of Kearney, Nebraska be and is the lowest responsible
bidder for the 2005 Part VI Improvements – Bid A consisting of Water
District No. 2005-541 for 47th Street Place from 6th Avenue to its terminus in
a cul-de-sac; Water District No. 2005-542A for 4th Avenue from 44th Street
north a distance of 734.2± feet; Sewer District No. 2005-484 for 47th Street
Place from 6th Avenue to its terminus in a cul-de-sac; and Sewer District No.
2005-485A for 4th Avenue from 44th Street north a distance of 734.2± feet to be
constructed in accordance with the plans and specifications on file with the
City Clerk and that the bid of Midlands Contracting of Kearney, Nebraska in the
sum of $97,271.00 be and is hereby accepted for Bid A (Water and Sewer
Districts).
BE IT FURTHER
RESOLVED by the President and City Council of the City of Kearney, Nebraska
that the Engineers recommendation is hereby accepted and approved, that
Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for
the 2005 Part VI Improvements – Bid B consisting of Paving Improvement
District No. 2005-905 for 47th Street Place from 6th Avenue to its terminus in
a cul-de-sac; Paving Improvement District No. 2005-906 for 4th Avenue from 44th
Street north to 48th Street to be constructed in accordance with the plans and
specifications on file with the City Clerk and that the bid of Blessing, LLC of
Kearney, Nebraska in the sum of $200,101.60 be and is hereby accepted for Bid B
(Paving Districts).
BE IT FURTHER
RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2005 Part
VI Improvements for Bid A (Water and Sewer Districts) in the amount of
$97,657.00 and for Bid B (Paving Districts) in the amount of $246,813.00 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 28TH DAY OF FEBRUARY, 2008.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
7. Approve the
application for a Special Designated License submitted by LEROY SMITH &
BARBARA YENDRA, dba "George Spencer Vineyard & Tasting Room" in
connection with their Class ID62962 liquor license to dispense beer and wine in
the Morrison Learning Center located at the Great Platte River Road Archway
Monument, 3060 1st Street, on March 25, 2006 from 3:00 p.m. until 9:00 p.m. for
a Nebraska Life Magazine Showcasing March Edition event subject to the City
receiving the required Certificate of Insurance.
8. Approve the City of Kearney, Kearney Public School District, County of Buffalo, and Educational Service Unit
No. 10 Vehicle Gasoline Purchase Agreement and approve Resolution No. 2006-29.
RESOLUTION NO.
2006-29
BE IT RESOLVED by the
President and Council of the City of Kearney, Nebraska, that the President be
and is hereby authorized and directed to execute the City of Kearney, Kearney
Public School District, County of Buffalo, and Educational Service Unit No. 10
Vehicle Gasoline Purchase Agreement, a copy of the Agreement, marked Exhibit
“A”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
9. Approve the Interlocal
Agreement between the City of Kearney and the City of Grand Island for Joint
Services of Consultant for Cable Franchise Renewal and approve Resolution No.
2006-30.
RESOLUTION NO.
2006-30
BE IT RESOLVED by the
President and Council of the City of Kearney, Nebraska, that the President be
and is hereby authorized and directed to execute the Interlocal Agreement
between the City of Kearney and the City of Grand Island for Joint Services of
Consultant for Cable Franchise Renewal, a copy of the Agreement, marked Exhibit
“A”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
10. Accept the Warranty
Deed granted by Alice Theis to the City of Kearney for the West Half of Section
23, Township 9 North, Range 17 West of the 6th P.M., Buffalo County, Nebraska and approve Resolution No. 2006-31.
RESOLUTION NO.
2006-31
WHEREAS, City Council
authorized the City Manager and City Attorney to acquire the West Half of
Section 23, the Northeast Quarter of Section 23 and the East Half of Section
14, all Township 9 North, Range 17 West of the 6th P.M., Buffalo County,
Nebraska for municipal well field purposes; and
WHEREAS, City
Administration negotiated an Option Agreement to purchase the West Half of
Section 23, Township 9 North, Range 17 West of the 6th P.M., Buffalo County,
Nebraska; and
WHEREAS, Alice Theis
has granted to the City of Kearney a Warranty Deed for the West Half of Section
23, Township 9 North, Range 17 West of the 6th P.M., Buffalo County, Nebraska.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the Warranty Deed be and is hereby accepted and that the City Clerk be
instructed to file said Warranty Deed with the Buffalo County Register of
Deeds. A copy of the said Warranty Deed, marked as Exhibit “A”, is attached
hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
11. Approve the
Application for a Municipal and Rural Domestic Ground Water Transfers Permit
for the Northwest Well Field and to submit the Application to the State of
Nebraska Department of Natural Resources and approve Resolution No. 2006-32.
RESOLUTION NO.
2006-32
WHEREAS, Section
46-642 of the Nebraska Revised Statutes allows municipalities to apply to the
State of Nebraska Department of Water Resources for a Municipal Groundwater
Transfer Permit; and
WHEREAS, the transfer
permit is not required; however, receiving a permit does provide the City
certain protections under the law.
NOW THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the President be and is hereby authorized and directed to execute the
Application for a Municipal and Rural Domestic Ground Water Transfers Permit, a
copy of the Application, marked Exhibit “A”, is attached hereto and made a
part hereof by reference.
BE IT FURTHER
RESOLVED that City Administration is hereby authorized and directed to submit
the Application for a Municipal and Rural Domestic Ground Water Transfers
Permit to the Nebraska Department of Natural Resources.
PASSED AND APPROVED
THIS 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
12. Approve the
Water/Wastewater Preapplication for State and/or Federal Assistance for the
Northwest Well Field, transmission main and water conditioning building and
approve Resolution No. 2006-33.
RESOLUTION NO.
2006-33
BE IT RESOLVED by the
President and Council of the City of Kearney, Nebraska, that the President be
and is hereby authorized and directed to execute the Water/Wastewater
Preapplication for State and/or Federal Assistance, a copy of the
Preapplication, marked Exhibit “A”, is attached hereto and made a part hereof
by reference.
BE IT FURTHER
RESOLVED that City Administration is hereby authorized and directed to submit
the Water/Wastewater Preapplication for State and/or Federal Assistance to the
Nebraska Department of Environmental Quality.
PASSED AND APPROVED
THIS 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
13. Approve the
application for two Special Designated Licenses submitted by KEARNEY STEAK
COMPANY, dba "Whiskey Creek" in connection with their Class IK35628
catering liquor license to dispense beer, wine, and distilled spirits in the
Exposition Building on March 9, 10, 11, 2006 from 8:00 a.m. and 1:00 a.m. and
on March 12, 2006 from 12:00 p.m. until 12:00 a.m., and in the Ag Pavilion on
March 10 and 11, 2006 from 8:00 a.m. until 1:00 a.m. all located at the Buffalo
County Fairgrounds, 3807 Avenue N, for a rodeo, bucking stock auction, band and
dance.
14. Approve the
application for two Special Designated Licenses submitted by GRANDPA’S
STEAKHOUSE INC., dba “Grandpa’s Steakhouse” in connection with their Class
C/K09022 liquor license to dispense beer, wine and distilled spirits inside the
Museum of Nebraska Art, 2401 Central Avenue, and in the enclosed tent in the
parking lot located north of MONA on April 1, 2006 from 3:00 p.m. until 1:00
a.m.; and to approve the Agreement allowing the Museum of Nebraska Art to block
off the parking lot located north of MONA, 2401 Central Avenue, as follows: the
south side of the parking lot on March 31, 2006 beginning at 7:00 a.m. until
5:00 p.m. on April 2, 2006 and the north side of the parking lot on March 31,
2006 from 5:00 p.m. until 8:00 a.m. on April 1, 2006 in connection with their
Biennial fundraiser subject to the City receiving the required Certificate of
Insurance.
15. Approve Delivery Order
No. 13 with Miller & Associates for professional services related to the
design and construction of the development of the Northwest Well Field and
approve Resolution No. 2006-34.
RESOLUTION
NO. 2006-34
BE IT RESOLVED by the
President and Council of the City of Kearney, Nebraska, that the President be
and is hereby authorized and directed to execute Delivery Order No. 13 between
the City of Kearney and Miller & Associates for the design and construction
of the development of the Northwest Well Field, a copy of the Agreement, marked
Exhibit “A”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
16. Approve the Developer
Constructed Infrastructure Agreement with Winfield Concrete Leveling &
Construction Inc. for sanitary sewer improvements on Lot 2, Casey’s Addition to
the City of Kearney and approve Resolution No. 2006-35.
RESOLUTION
NO. 2006-35
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement
entitled “Developer Constructed Infrastructure Agreement” for Lot 2, Casey’s
Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby
accepted and approved. A copy of said Agreement marked Exhibit 1 is attached
hereto, negotiated by and between the City of Kearney and Winfield Concrete
Leveling & Construction Inc. to construct sanitary sewer improvements for
Lot 2, Casey’s Addition to the City of Kearney, Buffalo County, Nebraska in accordance with the Kearney City Code.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the same agreement on behalf of the City of Kearney.
PASSED AND APPROVED
THIS 28TH DAY OF FEBRUARY, 2006.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7240 – WATER
CONNECTION DISTRICT NO. 2006-1
The City has received a request
to create a water district to construct a water main in Avenue A from 8th Street north to the centerline of vacated 10th Street. The Utilities Department has
researched the matter and found that the area is developing, and that a water
main should be constructed to provide water. However, there are several
property owners in the area and not all property owners may consent to the
water main construction if annual assessments are required. The Utilities
Department proposes to construct a water main using the water connection
district method allowed by Section 16-6,102 Nebraska Revised Statutes. A
connection district does not require property owners to pay annual
assessments. Annual assessments may be a hardship for some property owners
that do not desire to connect to the water main at this time. Rather than a
property owner being required to pay annual assessments, a connection fee is
paid to the City when the property within the district connects to the water
main.
Council Member Lear introduced
Ordinance No. 7240, being Subsection 1 of Agenda Item V to create Water
Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th
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 Buschkoetter 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. 7240 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. 7240 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. 7240 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 -- $893.12; FREMONT NATIONAL BANK -- $37,753.04
Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $893.12 payable to Nebraska Public Power
District and in the amount of $37,753.04 payable to Fremont National Bank be
allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter.
Nay: None. Clouse and Lear abstained. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Kearney seconded by
Clouse that Council adjourn at 7:20 p.m. Roll call resulted as follows: Aye:
Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK