Kearney, Nebraska
July 25, 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 July
25, 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, Assistant to City Manager; Wendell Wessels, Director of Finance and
Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in the
audience included: Rick Ekwall, Linda Neemeyer, Brian Slater, Walter Camp, Reed
Miller, Steve Altmaier from KGFW Radio, Todd Gottula from the Kearney Hub, a
representative from NTV.
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
Kathy Gosch, Health Ministry
Coordinator from Good Samaritan Hospital provided the Invocation.
PLEDGE OF ALLEGIANCE
The Council members led the
audience in the Pledge of Allegiance.
ANNOUNCEMENT
Mayor Hadley announced that in
accordance with Section 84-1412 of the Nebraska Revised Statutes, a current
copy of the Open Meetings Act is available for review and is posted towards the
back of the Council Chambers.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
EL POTRERO LIQUOR LICENSE
Mayor Hadley stated that public
hearing on the Application for a Class I73015 Liquor License and the Application
for Corporate Manager for Jose Ayala submitted by LA CACITA, INC., dba “El
Potrero” located at 5012 3rd Avenue, Suite 120 will remain on the table until
August 8, 2006. Therefore, no action was necessary.
MONGOLIAN GRILL RESTAURANT LIQUOR
LICENSE
Moved by Kearney seconded by
Clouse to remove from the table the Application for a Class I72865 Liquor
License and the Application for Corporate Manager for Tri Nguyen submitted by
MONGOLIAN GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” located at 5012 3rd Avenue, Suite 178. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear,
Clouse, Kearney. Nay: None. Motion carried.
Mayor Hadley opened the public
hearing on the Application for a Class I72865 Liquor License and the
Application for Corporate Manager for Tri Nguyen submitted by MONGOLIAN GRILL
OF OMAHA LLC, dba “Mongolian Grill Restaurant” located at 5012 3rd Avenue,
Suite 178 and to consider approval of Resolution No. 2006-115.
There was no one present to
address this matter with the Council.
Moved by Clouse seconded by Lear
to table until August 8, 2006 the Application for a Class I72865 Liquor License
and the Application for Corporate Manager for Tri Nguyen submitted by MONGOLIAN
GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” located at 5012 3rd Avenue, Suite 178. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
SPEEDEE MART #2767 LIQUOR LICENSE
Mayor Hadley opened the public
hearing on the Application for a Class D73473 Liquor License and the
Application for Corporate Manager for Rick Ekwall submitted by RITE WAY OIL
& GAS CO. INC., dba “Speedee Mart #2767” located at 108 South 2nd Avenue
and to consider approval of Resolution No. 2006-121.
According
to Section 53-132(2) of the Nebraska Revised Statutes states: A retail
license or bottle club license shall be issued to any qualified applicant if it
is found by the Liquor Commission that:
1.
the applicant is fit,
willing, and able to properly provide the service proposed within the city,
village, or county where the premises described in the application are located;
2.
the applicant can
conform to all provisions, requirements, rules, and regulations adopted
pursuant to the Nebraska Liquor Control Act;
3.
the applicant has
demonstrated that the type of management and control to be exercised over the
premises described in the application will be sufficient to insure that the
licensed business can conform to all provisions and requirements of and rules
and regulations adopted pursuant to the Act, and
4.
the issuance of the
license is or will be required by the present or future public convenience and
necessity.
An
application for a liquor license was received from Speedee Mart #2767 who
recently purchased Gary’s I-80. The applicant, Mr. Ekwall, was
interviewed and a background investigation conducted on the application.
Mr. Ekwall manages all of the Speedee Mart Corporation stores and is familiar
with the statutes and laws governing the sale of alcoholic beverages.
The City Council is concerned
with the selling of alcohol to minors in our community, and wants to encourage
all license holders to provide the necessary training to all employees that
sell or dispense alcohol. Therefore, City staff has developed a form entitled
“Liquor License Training Compliance” requiring applicants to document and
verify training compliance of their employees. Mr. Ekwall returned the form
with supporting documentation showing the training that is provided to their
employees. Mr. Ekwall has substantial experience and proven levels of
cooperation and compliance. Members of his staff attended training in
identifying false or altered identification on July 19, 2006.
Mayor Hadley stated that the
Council was provided the application with supporting documentation which
included the training program for the company. It appeared the applicant is
reputable and responsible.
Rick Ekwall presented this matter
to the Council. He introduced Linda Neemeyer, 2635 72nd Avenue, who will be the
store manager seeing the day to day operations. He is fully aware of the
problem Kearney has with regard to selling alcohol to minors and takes the
training of employees very seriously.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by
Buschkoetter to close the hearing and approve the Application for a Class
D73473 Liquor License and the Application for Corporate Manager for Rick Ekwall
submitted by RITE WAY OIL & GAS CO. INC., dba “Speedee Mart #2767” located
at 108 South 2nd Avenue and approve Resolution No. 2006-121. Roll call resulted
as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried.
RESOLUTION
NO. 2006-121
WHEREAS, RITE WAY OIL & GAS CO. INC., dba “Speedee Mart #2767” has filed
with the Nebraska Liquor Control Commission and the City Clerk of the City of
Kearney, Nebraska, an application for a Class ‘D73473’ (Beer, Wine, Distilled
Spirits – Off Sale Only) Liquor License to do business at 108 South 2nd Avenue,
Kearney, Nebraska, and has paid all fees and done all things required by law as
provided in the Nebraska Liquor Control Act; and
WHEREAS, RITE WAY OIL & GAS CO. INC., dba “Speedee Mart #2767” also filed
with the Nebraska Liquor Control Commission and the City Clerk of the City of
Kearney, Nebraska, an application for Corporate Manager of Rick Ekwall; and
WHEREAS, a hearing was held relating to said application on July 25, 2006.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘D73473’ (Beer, Wine, Distilled
Spirits – Off Sale Only) Liquor License to RITE WAY OIL & GAS CO. INC., dba
“Speedee Mart #2767” located at 108 South 2nd Avenue, Kearney, Nebraska, and to
approve the application for Corporate Manager of Rick Ekwall.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
IV.
CONSENT AGENDA
Moved by Buschkoetter seconded by
Hadley that Subsections 1 through 17 of Consent Agenda Item IV be approved.
Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear,
Clouse. Nay: None. Motion carried.
1.
Approve Minutes of Special Meeting held July 6, 2006, Regular Meeting held July
11, 2006.
2.
Approve the following Claims: AT&T $270.13 smcs; Alltel $2,242.54 smcs;
Almquist,R $150.00 smcs; Amax Contracting $80.64 co; Amer Red Cross $35.00
smcs; Architectural Digest $24.00 smcs; Arrow Seed $638.00 smcs; B&M
Cleaning $745.00 smcs; B&B Auto Glass $422.55 co; Baird Holm Attorneys $6,523.75
smcs; Baker & Taylor Books $3,297.81 smcs; Bamford $426.50 smcs; Barney
Abstract $31.00 smcs; BBC Audiobooks $57.00 smcs; Beckenhauer,T $58.50 smcs;
Bennett,T $1,209.75 smcs; Berens-Tate Consulting $2,000.00 smcs; Blessing $292.44
smcs; Blevins,D $168.00 smcs; Bluecross Blueshield $59,059.52 smcs; Bosselman
$14,150.86 smcs; Boyd's Full Service $14.00 smcs; Broadfoot's $86.50 smcs;
Bryan LGH Medical $132.50 smcs; Buffalo Co Mutual Aid $50.00 smcs; Buffalo Co
Reg of Deeds $42.00 co; Buffalo Co Sheriff $86,701.08 smcs; Buffalo Co Weed
$466.78 smcs; Buffalo Surveying $1,405.20 co; Cash-Wa $4,869.32 smcs; Central
Platte NRD $22,834.45 co; Charlesworth & Associates $1,500.00 smcs; Charter
$109.98 smcs; Chesterman $2,726.80 smcs; City of Glass $69.94 smcs; City of Ky
$90,011.95 smcs; Construction Rental $127.50 co; Copycat Printing $218.07 smcs;
Cudaback,K $15.00 smcs; Cullen,M $63.10 smcs; Culligan $58.00 smcs; D&D
Industries $832.50 smcs; Dawson Co PPD $31,221.97 smcs; Deeter Foundry $870.00
smcs; Depository Trust $4,510,283.75 co,ds; Dermatology $65.00 smcs; Deterding
$969.46 smcs; Dex Media East $32.66 smcs; DPC Industries $10,378.90 smcs;
Dutton-Lainson $1,617.22 smcs,co; Eakes Office $1,853.60 smcs; Ecolab $29.00
smcs; EFI Wright Sales $91.52 smcs; Eustis Body Shop $944.80 smcs; Fairbanks
$6,390.31 smcs; Family Counseling Center $90.00 smcs; Fedex $251.39 smcs;
Fiddelke Heating $3,855.00 smcs; Footjoy $448.47 smcs; Foster,D $36.90 smcs;
Frontier $8,763.41 smcs; Galls $146.98 co; Gangwish Turf $28.49 smcs; Garrett
Tires $3,189.40 smcs; GIS Workshop $8,415.00 co; Gov't Finance $210.00 smcs; GI
Police Dept $110.00 smcs; Great Plains One-Call $506.31 smcs; Grint,K $73.43
smcs; H&H Distributing $1,876.70 smcs; Hand Well $739.75 smcs; Harley
Davidson Central $51.06 smcs; Hebb,L $90.00 smcs; Highsmith $669.51 co; Hoehner
Turf $167.13 smcs; Horst,R $89.00 smcs; Hydrologic $175.00 smcs; Inland Truck
Parts $97.10 smcs; Intellicom $8,610.00 co; Int'l Assoc Ethics $75.00 smcs;
IPMA $315.00 smcs; ISDN $188.25 smcs; Jack Lederman $214.96 smcs; Jamar
Technologies $374.40 smcs; Ky Chamber Comm $131.00 smcs; Ky Clinic $70.00 smcs;
Ky Concrete $15,681.24 smcs,co; Ky Crete & Block $1,009.92 smcs,co; Ky Hub
$530.56 smcs,co; Ky Towing $402.50 smcs; KHGI/KWNB $146.00 smcs; Kiplinger
Letter $89.00 smcs; Kirkham Michael $22,481.71 smcs; Lawn Builders $85.57 smcs;
Leadership Ky $400.00 smcs; Linweld $32.70 smcs; Luke,D $5.13 smcs; Magic
Cleaning $3,878.00 smcs; Mail Express $389.22 smcs; Marlatt Machine Shop $55.00
smcs; McCarty,D $38.67 smcs; Michael Todd $1,302.00 smcs; Midwest Lab $5,278.75
smcs; Miller & Associates $13,337.50 smcs,co; Mitchell Repair $1,499.00
smcs; Morgan,C $25.00 smcs; Munch,J $45.00 smcs; NWWA $12,251.85 smcs; NE Dept
of Environmental $15,253.29 smcs; NE Forest Service $167.20 smcs; NE Law
Enforcement $450.00 smcs; NE Machinery $1,519.14 smcs; NE State Patrol $300.00
smcs; NE Supreme Court $22.00 smcs; NE Water Environment $120.00 smcs; NE
Workforce Development $2,363.00 ps; NEland Distributors $1,582.80 smcs; Norm's
Plumbing $491.17 smcs; Northwestern $4,236.41 smcs; Nuttelman Fencing $937.00
co; Office Depot $1,402.85 smcs,co; Officenet $557.34 co; Omaha World Herald
$406.48 smcs; OMB Police Supply $281.99 co; Paramount Linen $341.12 smcs; Pat's
Plumbing $600.00 smcs; Pepsi-Cola $1,887.37 smcs; Platte Valley Comm $2,505.61
smcs; Precision Industries $2,318.46 smcs; Presto-X $164.00 smcs; Random House
$136.80 smcs; Ready Mixed Concrete $10,262.42 smcs,co; Recognition Unlimited
$217.74 smcs; Region 3 Behavioral Health $27.00 smcs; Regional Community Police
$60.00 smcs; Resource Management $1,871.23 smcs; Rick's Sod Farm $753.00 smcs;
Riverside Mfg $1,015.05 ps; Rosefeld,A $12.00 smcs; Russell's Appliance $578.00
co; Schwan's $1,104.93 smcs; Scott,V $145.00 smcs; See Clear Cleaning $1,900.00
smcs; Sesna,D $188.20 smcs; S-F Analytical $886.50 smcs; Solid Waste Agency
$70,862.74 smcs; Solid Waste Equipment $19,260.18 smcs; St Fire Marshal $100.00
smcs; St of NE Dept Agriculture $43.70 smcs; St of NE HHS Laboratory $862.00
smcs; Stoppkotte,J $25.00 smcs; Strategic Materials $1,054.92 smcs; Thome,B
$35.10 smcs; Thompson,K $76.30 smcs; Thompson,L $60.00 smcs; Thomson Gale
$207.02 smcs; Tielke Enterprise $269.22 smcs; Titelist $2,901.23 smcs; Tool
Doctor $21.32 smcs; US Postmaster $512.00 smcs; Unifire Power Blower $104.84
smcs; Union Oil $19,228.00 smcs; Vap,P $14.00 smcs; Village Uniform $269.34
smcs; Walsh,C $89.00 smcs; Weddle,B $273.00 smcs; Wellman,P $55.00 smcs; Werner
Construction $575,489.23 co; West Payment Center $1,062.30 smcs; West Villa
Animal Hospital $26.00 smcs; Wilkins Hinrichs Stober $9,781.96 co; Wing Scale
Service $1,267.00 smcs; Young,J $4.95 smcs; Payroll Ending 07-08-2006 --
$300,204.48. The foregoing schedule of claims is published in accordance
with Section 19-1102 of the Revised Statutes of Nebraska, and is published at
an expense of $_________ to the City of Kearney.
3.
Receive recommendations of Planning Commission and set August 8, 2006 at 7:00
p.m. as date and time for hearing on those applications where applicable.
4.
Approve the Union Pacific Railroad Underground Pipeline Crossing Agreement for
the replacement of the water main crossing under the tracks at 5th Avenue and approve Resolution No. 2006-122.
RESOLUTION NO.
2006-122
WHEREAS, Union Pacific Railroad Company has tendered to the City of Kearney,
Nebraska an agreement covering a pipeline crossing at Kearney, Buffalo County,
Nebraska; and
WHEREAS, it is determined to be in the best interests of the City of Kearney that the City will be subserved by the acceptance of said Agreement.
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 Pipeline Crossing Agreement on behalf of the City. A copy
of the said Agreement is marked as Exhibit “A” and is attached hereto and made
a part hereof.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
5.
Approve the purchase from the state bid of a 2006 Ford ¾ ton truck from
Anderson Ford in Lincoln, Nebraska in the amount of $20,056.00 for the Kearney
Police Department.
6.
Approve Resolution No. 2006-123 appointing members to fill the
vacancies/expirations on the following Boards/Commissions: Dennis Haller and
Michael Peck to serve on the Advisory Board of Cable Commissioners; Ron
Hendrickson and Philip Kozera to serve on the Airport Advisory Board; Marlin
Heiden to serve on the Board of Adjustment; Lynn Johnson to serve on the Civil
Service Commission; Jon Abegglen and Janice Wiebusch to serve on the Community
Redevelopment Authority; Jayne Meyer to serve on the Downtown Improvement
Board; Ken Nikels and Megan O’Dea to serve on the Golf Advisory Board; C.J.
Willis to serve on the Kearney Housing Agency; Dan Bahensky and Priscilla
Jepson to serve on the Library Advisory Board; John Bancroft to serve on the
Advisory Board of Park & Recreation Commissioners; and Stan Dart, Larry
Cihal and Richard Ritscher to serve on the Planning Commission.
RESOLUTION NO.
2006-123
WHEREAS, Resolution No. 2005-96 calls for Citizen Board/Commission member
appointments to be made by resolution submitted by the Mayor to the City
Council for final approval; and
WHEREAS, vacancies currently exist on certain Boards/Commissions.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the following persons, as proposed by the Mayor of the
City of Kearney, Nebraska, are hereby appointed to the designated
Boards/Commissions for the term indicated:
ADVISORY BOARD OF
CABLE COMMISSIONERS
Dennis Haller reappointed to July 31, 2010
Michael Peck appointed to succeed Tim Weides to July 31, 2010
AIRPORT ADVISORY
BOARD
Ron Hendrickson reappointed to July 31, 2010
Philip Kozera appointed to succeed Norris Marshall to July 31, 2011
BOARD OF ADJUSTMENT
Marlin Heiden reappointed to July 31, 2009
CIVIL SERVICE
COMMISSION
Lynn Johnson appointed to succeed Gerald Dulitz to July 31, 2011
COMMUNITY
REDEVELOPMENT AUTHORITY
Jon Abegglen reappointed to July 31, 2011
Janice Wiebusch reappointed to July 31, 2010
DOWNTOWN IMPROVEMENT
BOARD
Jayne Meyer reappointed to July 31, 2011
GOLF ADVISORY BOARD
Ken Nikels appointed to succeed Andy Hanson to July 31, 2009
Megan O’Dea appointed to succeed Elda Rodgers to July 31, 2010
KEARNEY HOUSING
AGENCY
C.J. Willis reappointed to July 31, 2011
LIBRARY ADVISORY
BOARD
Dan Bahensky reappointed to July 31, 2010
Priscilla Jepson appointed to succeed Mary Henning to July 31, 2010
ADVISORY BOARD OF
PARK & RECREATION COMMISSIONERS
John Bancroft reappointed to July 31, 2011
PLANNING COMMISSION
Stan Dart reappointed to July 31, 2009
Larry Cihal reappointed to July 31, 2009
Richard Ritscher appointed to succeed Lorin Downing to July 31, 2009
BE IT FURTHER RESOLVED that this resolution shall be in full force and effect
from and after its adoption.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
7.
Approve Application and Certificate for Payment No. 3 in the amount of
$14,182.31 submitted by Blessing LLC and approved by Miller & Associates
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 and approve Resolution No.
2006-124.
RESOLUTION
NO. 2006-124
WHEREAS,
Blessing, LLC has performed services in connection with 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, and the City's engineer, Miller & Associates, have filed with the
City Clerk Application and Certificate for Payment No. 3 in the amount of
$14,182.31 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$200,101.60
|
|
Contract Sum To Date
|
200,101.60
|
|
Gross Amount Due
|
147,855.42
|
|
Retainage
|
2,957.11
|
|
Amount Due to Date
|
144,898.31
|
|
Less Previous Certificates for
Payment
|
130,716.00
|
|
Current Payment Due
|
$ 14,182.31
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 3, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
8.
Approve Change Order No. 1 showing an increase in the amount of $7,515.00 and
Application and Certificate for Payment No. 2 in the amount of $162,775.41
submitted by Midlands Contracting, Inc. and approved by Miller & Associates
for the 2006 Part II Improvements consisting of Water Connection
District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and
approve Resolution No. 2006-125.
RESOLUTION
NO. 2006-125
WHEREAS,
Midlands Contracting, Inc. has performed services in connection with the 2006
Part II Improvements consisting of Water Connection District No. 2006-1 for
Avenue A from 8th Street to vacated 10th Street, and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 1
showing an increase in the amount of $7,515.00 as shown on Exhibit “A”,
attached hereto and made a part hereof by reference; and
WHEREAS, the
Engineer and Contractor have filed with the City Clerk Application and
Certificate for Payment No. 2 in the amount of $162,775.41 as shown on Exhibit
“B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$374,841.38
|
|
Change Order No. 1 (7-25-2006)
|
+
7,515.00
|
|
Contract Sum To Date
|
382,356.38
|
|
Gross Amount Due
|
240,065.32
|
|
Retainage
|
24,006.53
|
|
Amount Due to Date
|
216,058.79
|
|
Less Previous Certificates for
Payment
|
53,283.38
|
|
Current Payment Due
|
$162,775.41
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as
shown on Exhibit “A”, and Application and Certificate for Payment No. 2, as
shown on Exhibit “B”, be and are hereby accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
9.
Approve Application and Certificate for Payment No. 4 in the amount of
$14,632.09 submitted by Paulsen, Inc. and approved by Miller & Associates
for 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 approve
Resolution No. 2006-126.
RESOLUTION
NO. 2006-126
WHEREAS, Paulsen,
Inc. has performed services in connection with 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 the City's engineer, Miller & Associates, have
filed with the City Clerk Application and Certificate for Payment No. 4 in the
amount of $14,632.09 as shown on Exhibit “A” attached hereto and made a part
hereof by reference and as follows:
|
Original Contract Sum
|
$ 684,445.60
|
|
Contract Sum To Date
|
$ 684,445.60
|
|
Gross Amount Due
|
596,252.45
|
|
Retainage
|
29,812.62
|
|
Amount Due to Date
|
566,439.83
|
|
Less Previous Certificates for
Payment
|
551,807.74
|
|
Current Payment Due
|
$
14,632.09
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 4, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
10.
Approve Application and Certificate for Payment No. 2 in the amount of
$302,303.56 submitted by Blessing LLC and approved by Miller & Associates
for the 2006 Part I Improvements consisting of Paving Improvement
District No. 2006-908 for 39th Street from Pony Express Road west to the east
lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve
Resolution No. 2006-127.
RESOLUTION
NO. 2006-127
WHEREAS,
Blessing, LLC has performed services in connection with the 2006 Part I
Improvements consisting of Paving Improvement District No. 2006-908 for
39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1,
Windsor Estates Fifth Addition, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 2 in the amount of $302,303.56 as shown on Exhibit “A” attached hereto
and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$746,693.00
|
|
Contract Sum To Date
|
$746,693.00
|
|
Gross Amount Due
|
369,603.10
|
|
Retainage
|
36,960.31
|
|
Amount Due to Date
|
332,642.79
|
|
Less Previous Certificates for
Payment
|
30,339.23
|
|
Current Payment Due
|
$302,303.56
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 2, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
11.
Approve Application and Certificate for Payment No. 1 in the amount of
$11,135.25 submitted by Concrete Workers, Inc. and approved by Miller &
Associates 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. 2006-128.
RESOLUTION
NO. 2006-128
WHEREAS,
Concrete Workers, Inc. has performed services in connection with 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
the City's engineer, Miller & Associates, have filed with the City Clerk
Application and Certificate for Payment No. 1 in the amount of $11,135.25 as
shown on Exhibit “A” attached hereto and made a part hereof by reference and as
follows:
|
Original Contract Sum
|
$69,425.50
|
|
Contract Sum To Date
|
69,425.50
|
|
Gross Amount Due
|
12,372.50
|
|
Retainage
|
1,237.25
|
|
Amount Due to Date
|
11,135.25
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$11,135.25
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
12.
Approve the Plans and Specification for the 2006 Part III Improvements
consisting of Paving Improvement District No. 2006-909, Water District
No. 2006-543, and Sewer District No. 2006-486 for 11th Avenue from the south
line of Rapp Addition south to its terminus in a cul-de-sac, AND 8th Street as
it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all
in Park View Estates Third, AND 9th Street Place as it abuts Lot 1 of Block 1
and Lot 1 of Block 2, Park View Estates Third; Paving Improvement District No.
2006-910, Water District No. 2005-544, and Sewer District No. 2005-487 for 17th
Avenue from 14th Street south to 11th Street and set the bid opening date for
August 15, 2006 at 2:00 p.m.
13.
Approve the Plans and Specification for the Northwest Well Field Development –
Phase I – Municipal Water Wells and set the bid opening date for August 15,
2006 at 2:00 p.m.
14.
Approve the application to conduct a parade submitted by the Kearney Visitors
Bureau and UNK’s Music Department for UNK Band Day to be held on September 30,
2006 beginning at 9:00 a.m. starting at Central Avenue and Railroad Street,
north on Central Avenue to 27th Street, west on 27th Street and ending at the
UNK Campus. Parking will be banned on Central Avenue from North Railroad Street to 25th Street beginning at 2:00 a.m. on the morning of September
30. The staging area to be closed beginning at 6:00 a.m. include Railroad
Street from 4th Avenue to Avenue E, Avenue A from 21st Street to Railroad
Street, and Avenues B, C and D from Railroad Street to 22nd Street, 3rd Avenue
from Railroad Street to 22nd Street, and 1st Avenue from Railroad Street to
21st Street. This request will also allow for the selling of refreshments
during the parade.
15.
Approve the Interlocal Agreement for Cooperative Law Enforcement Services by
and among Adams County, Buffalo County, Hall County, the City of Grand Island,
the City of Hastings and the City of Kearney to promote cooperation to combat
crime in the most effective manner possible, to provide for joint acquisition
of equipment and materials; and to allow for cooperative sharing and
utilization of investigative resources and approve Resolution No. 2006-129.
RESOLUTION
NO. 2006-129
WHEREAS, it has been determined to be in the best interests of the cities of
Kearney, Hastings, and Grand Island, and the counties of Buffalo, Adams, and
Hall, Nebraska to enter into the South Central Area Law Enforcement Services
(SCALES) Agreement, which Agreement established a law enforcement alliance
between the entities that allow for the equitable sharing of investigative
resources on major criminal investigations, promote cooperation among area
agencies to combat crime and criminals in the most effective manner possible,
to create a mechanism by which purchases can be made jointly thereby reducing
the costs for individual agencies and enhancing the abilities of all member
agencies to acquire necessary investigative resources that might otherwise be
too expensive, and to provide an example and leadership to other agencies in
methods of cooperation and efficiency.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the Mayor and City Attorney be and are hereby
authorized and directed to execute the said “Interlocal Agreement for
Cooperative Law Enforcement Services by and among Adams County, Buffalo County,
Hall County, the City of Grand Island, the City of Hastings and the City of
Kearney” as set forth in Exhibit “A”, attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
MICHAELLE E.
TREMBLY
AND
EX-OFFICIO MAYOR
CITY CLERK
16.
Approve the recommendation from Administration and Kirkham Michael on the bids
received for the Kearney Lighting Project – Runway 13/31, Taxiway ‘B’, ‘C’,
‘D’, ‘E’, and ‘F’ (AIP Project: 3-31-0045-17) and approve Resolution No.
2006-130 awarding the bid to Kayton Electric in the amount of $436,557.30
subject to approval by F.A.A.
RESOLUTION
NO. 2006-130
WHEREAS, Kirkham Michael Consulting Engineers and the City of Kearney have
reviewed the sealed bids which were opened on July 11, 2006, at 10:00 a.m. for
AIP Project No. 3-31-0045-17 (Kearney Lighting Project – Runway 13/31, Taxiway
‘B’, ‘C’, ‘D’, ‘E’, and ‘F’); and
WHEREAS, the Engineer’s Cost Estimate was $448,102.00 for the project; and
WHEREAS, the
said engineers have recommended the bid offered by Kayton Electric, Inc. of Holdrege, Nebraska be accepted as the lowest responsible bid subject to approval by the
F.A.A.
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 Kayton Electric, Inc. of Holdrege, Nebraska be and is the lowest
responsible bidder for AIP Project No. 3-31-0045-17 (Kearney Lighting Project –
Runway 13/31, Taxiway ‘B’, ‘C’, ‘D’, ‘E’, and ‘F’) to be constructed in
accordance with the plans and specifications on file with the City Clerk and
that the bid of Kayton Electric, Inc. of Holdrege, Nebraska in the sum of
$436,557.30 be and is hereby accepted subject to approval by the F.A.A.
BE IT FURTHER RESOLVED the Engineer’s Cost Estimate for this project in the
amount of $448,102.00 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 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
17.
Authorize the Mayor to execute the Grant Agreement for Airport Improvement
Project No. 3-31-0045-1 for the Kearney Lighting Project – Runway 13/31,
Taxiway ‘B’, ‘C’, ‘D’, ‘E’, and ‘F’ and approve Resolution No. 2006-131.
RESOLUTION NO.
2006-131
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the President of the Council be and is hereby authorized and directed to
execute the Grant Agreement for Airport Improvement Project No. 3-31-0045-17.
PASSED AND APPROVED THIS 25TH DAY OF JULY, 2006.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
V.
CONSENT AGENDA ORDINANCES
None.
VI.
REGULAR AGENDA
OPEN ACCOUNT CLAIMS: NEBRASKA
PUBLIC POWER DISTRICT, PLATTE VALLEY STATE BANK
Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $83,704.65 payable to Nebraska Public
Power District and in the amount of $229.47 payable to Platte Valley State 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 7:07 p.m. Roll call resulted as follows: Aye:
Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
ATTEST:
GALEN D.
HADLEY
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK