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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