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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