Kearney, Nebraska
February 25, 2003
7:30 p.m.
Prior to
the regular Council meeting, the Council met as the Board of Directors for the
Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on February 25, 2003
in the Council Chambers at City Hall. This meeting adjourned at 7:38 p.m. A meeting of the City Council of Kearney,
Nebraska, was then convened in open and public session at 7:39 p.m. in the Council Chambers at City Hall. Present
were: Bruce Blankenship, President of the Council; Michaelle Trembly,
City Clerk; Council Members Randy Buschkoetter, Galen Hadley, Don Kearney, and
Jose Zapata. Absent: None. G. Allen Johnson, City Manager; Michael
Kelley, City Attorney; John Prescott, Assistant City Manager and Interim
Airport 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:
Jim Fox, Mike Sumpter, Pat Jones, Dave Keiter, Roger Jasnoch, Ron Tillery,
Scott Sanders, Kent Cordes, Dick Stacy, Kirk Stoner, Dave Mead, L.D. Glatter,
Pat Garrelts, Sarah Isaacson, Jerry Thompson, Rich Spellman, Colin English, 9 UNK
Medical Center Students, Mike Konz of Kearney Hub, Mike Cahill of KKPR Radio,
and Dave Jenner of KGFW Radio.
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 Matt Robins from First Presbyterian Church provided
the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Kent Laue led the Council members and audience in
the Pledge of Allegiance.
RECOGNITION – KEARNEY VOLUNTEER FIREFIGHTERS
Mayor Blankenship and Council Members recognized the following
Kearney Volunteer Firefighters for their service with the Kearney Volunteer
Fire Department: Terry Eirich – 15 years, Pat Garrelts – 15 years, Ken
Tracy – 15 years, and L.D. Glatter – 10 years. They were each presented
an anniversary award.
ORAL COMMUNICATIONS – PRESENTATION OF BUFFALO COUNTY ECONOMIC
DEVELOPMENT COUNCIL ANNUAL REPORT
Ron Tillery, President of the Buffalo County Economic
Development Council, presented their annual report to the Council. He
stated that the partners in the Economic Development Council are the City of Kearney, the County of Buffalo and the Chamber of Commerce.
Increasingly, they are working in partnership outside of the Kearney city limits and the borders of Buffalo County to foster economic activity and to grow the region.
Examples would be the ethanol production facility in Buffalo County, and working on the plan to get one in the Ravenna community. This will provide
economic strength and stability to small rural communities, as well as our
entire region, especially the Ag community.
Each of the organization partners appoints two members to
serve on its board. There was recently a reorganization meeting and
the two representatives from the City are Mayor Blankenship and Ron
Larsen. Buffalo County’s representatives are Bill McMullen and Tim
Loewenstein. The Chamber’s representatives are Byron Hansen and Jon
Abbeglan. This group appoints a member-at-large, who is Dale
Pullman, president of the Ravenna Bank and of the Ravenna Economic Development
Council. That group elects officers who facilitate and foster this spirit
of partnerships, which enables them to get a lot of things done. They are
often able to get things done with fewer resources, which is a benefit to the
taxpayers and complements private dollars to the effort.
The priorities are, business retention and expansion;
attracting new business; new business development plans; and asset development,
which can include infrastructure, housing, and a range of things that must be
present and ready in the market to serve the needs of business and
opportunities as they arise. Examples would be streets, utilities, power,
and regulatory and policy issues that are important to the business
community.
Compared to the economy of the State and the nation, Kearney area has had a very successful
year. Kearney is outperforming the state in many
key indicators. Despite the fact that Kearney’s annual activity in many key areas of building is slowing, Kearney has seen some strength in single
and multi family development. Kearney retail sales outpaced the State’s by a wide margin. Kearney retail sales through November,
2002, were 7.4 percent compared to 1.5 percent. He believes that we can
attribute this to Kearney’s diversified economy and Kearney’s growing prominence as a regional
center. Based on the early indicators of 2003, Kearney seems to still be growing and he
believes that 2003 will be a stronger year than 2002.
Job creation is another area that is encouraging. The growth
in job opportunities in 2001 was the strongest job market growth that Kearney had experienced in the last 12
years. In those 12 years, Kearney has added 1,485 homes, 1,478 multi-family homes, 201 commercial
projects, 115 industrial projects, 642 commercial and industrial
expansions. There has been a trend of fewer large industrial kinds of
projects, which diminished in the 90’s and continues to decline. Emphasis
is being focused on smaller industrial development and further diversification
of the economy. Pirating of existing businesses is becoming more
common. It will become increasingly difficult to rely solely on Kearney’s “great quality of life”.
Mr. Tillery further stated that they must be competitive in
that area. They have relied less on incentives than some other
areas. They must be prepared for opportunities, where they are looking
for infrastructure, streets, and lots already in place that fit their
needs. The timeline for development of these projects has tightened.
Rather than wait for these projects to be completed in six months, contractors
are impatient and might seek other communities that have these available.
In order to be successful, they must continue with their strategy of improving
the community and be prepared for those kinds of opportunities.
Kearney’s valuation is over one billion dollars. In Buffalo County, Kearney valuation exceeds two billion
dollars. Overall, he stated that Kearney is well positioned for the future. There are a number of challenges
ahead; however, Kearney has good leadership.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
CONDITIONAL USE PERMIT – BED & BREAKFAST, 520 HURON DRIVE
Moved by Zapata seconded by Blankenship that the public
hearing on the Appeal from the decision by the
Planning Commission to approve the Application submitted by Jaylene
Bashore (Applicant and Owner) for a Conditional Use Permit to locate a Bed and
Breakfast on property zoned “District ICMU, Interstate Corridor Mixed Use
District” and described as Lot 9 of Block 4, Lake Villa Estates, an addition to
the City of Kearney, Buffalo County, Nebraska (510 Huron Drive) remain on the
table until March 11, 2003. Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Hadley,
Buschkoetter. Nay: None. Motion carried.
LIQUOR LICENSE – PARADISE COVE, 224 SOUTH 2ND AVENUE
Mayor Blankenship opened the public hearing on the
Application for a Class “C” (Beer, Wine, and Distilled Spirits – On and Off
Sale) Liquor License submitted by EXPRESSIONS CATERING, INC., dba “Paradise
Cove” located at 224 South 2nd Avenue, approve Kirk Stoner as Corporate
Manager, and to consider Resolution No. 2003-24.
The City Clerk provided the department with copies of the
application by Stoner to obtain a liquor license for the Paradise Cove
Bar/Nightclub and to operate as the Manager of the same. The club will be
in the 1st Inn Gold at 224
South 2nd Avenue here
in Kearney. The club will replace another
business that had been there, Castaways.
A background investigation was conducted on Mr. Stoner as to
his suitability to operate the club and to have a license issued to him to
dispense alcohol. Nothing in the background indicated that Mr. Stoner would not
be suitable for this license. The area within the motel was previously a club
and is being renovated for this purpose. The business is acceptable and
normal for the area. The City has the right to review and conduct an
investigation on the issuance of a license to dispense alcohol and on the
person who will operate the business. The City may then make a recommendation
to the State of Nebraska
Liquor Commission on
the suitability of the license and the person who will manage the business.
There are no financial considerations on this request. The
area is suitable for the purpose and zoned correctly. A previous similar
establishment has been successfully operated at the location. The license is
designed to replace a previous license and will not create any undue burden on
City resources or services.
Kirk Stoner presented this matter to the Council. He stated
that Paradise Cove is the name he has given to the former Castaway Lounge at
the 1st Inn Gold hotel. They have contracted with the hotel to provide
banquet services and manage the lounge’s activities. Their focus is to do
something different than has been done in the past. They want to become a
consumer friendly, hotel type bar and lounge atmosphere. It will not have a
full menu, just hamburgers and sandwiches. During the week they will
close at 8:00 or 9:00 in the evenings and open regular hours on the weekend and occasionally
will have entertainment.
He has been in the hospitality industry for the past 20
years. For most of that time, he has been in the management part of the
business. He has had many years experience with lounge management. The most
recent lounge he was associated with was helping Jim Gardner with the Habitaet’
Restaurant lounge shortly after opening “Expressions Catering”.
They have had meetings with the Kearney Police Department
regarding training of their staff. They will have training prior to and after
opening as needed. The place is small, seating for about 120 people. The type
of atmosphere they will promote will not be to attract the younger or underage
crowd. It is always possible that a minor might try to order an alcoholic
drink, but as the law requires, they will check ID’s to insure that all
customers are of age.
One of the main aspects of their liquor license will be
applying for the designated license for catering in the future. This will be a
big part of their business.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve the Application for a Class “C” (Beer, Wine, and Distilled
Spirits – On and Off Sale) Liquor License submitted by EXPRESSIONS CATERING,
INC., dba “Paradise Cove” located at 224 South 2nd Avenue, approve Kirk Stoner
as Corporate Manager, and approve Resolution No. 2003-24. Roll call resulted as
follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.
RESOLUTION NO. 2003-24
WHEREAS, EXPRESSIONS CATERING, INC., dba “Paradise Cove” has filed with the
Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for a Class ‘C’ (Beer, Wine and Distilled Spirits – On
and Off Sale) Liquor License to do business at 224 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, a hearing was held relating to said application on February 25, 2003.
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 ‘C’ (Beer, Wine, and Distilled
Spirits – On and Off Sale) Liquor License to EXPRESSIONS CATERING, INC., dba
“Paradise Cove” located at 224 South 2nd Avenue, Kearney, Nebraska.
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 FEBRUARY, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
IV. CONSENT AGENDA
Moved by Kearney
seconded by Buschkoetter that Subsections 1 through 8 of Consent Agenda Item IV
be approved. Roll call resulted as follows: Aye: Blankenship,
Hadley, Buschkoetter, Kearney, Zapata. Nay: None.
Motion carried.
1. Approve
Minutes of Regular Meeting held February 11, 2003.
2. Alltel
$442.11 Various; Amer Fence $33,534.18 Su; Anderson Brothers $384.42 Various;
AT&T $66.34 Serv; Baker & Taylor $716.20 Bks; Bardon Data Systems
$235.00 Serv; Barney Abstract $635.00 Serv; Bearcat Diner $1,050.00 Su;
Beckenhauer, T $52.71 Tr; Blevins, D $194.40 Serv; Boersma, C $40.73 Cla;
Bokenkamp, D $16.01 Ref; Books on Tape $403.20 Bks; Bosselman Oil $11,778.20
Inv; Bowman, R $19.23 Pc; Buffalo Co Reg of Deeds $25.50 Serv; Buffalo Co District
Court $129.00 Ded; Burmood, L $8.81 Ref; Buss, R $19.00 Ref; Cash-Wa $579.60
Various; CDW-G $86.64 Su; Central Fire $901.90 Various; City of Ky $54,011.90
Various; Civic Plus $445.00 Serv; Clark Enersen Partners $4,874.90 Serv; CLH
$309.00 Serv; College Savings Plan of NE $260.00 Ded; Consolidated Electric
Dist $12.88 Rep; Corp Diversified Services $82,082.21 Claims; Culligan $66.80
Su; Dan Roeder Concrete $34,270.73 Serv; Dawson Co PPD $10,599.11 Serv; Dell
$804.45 Equip; Depository Trust $14,282.00 Princ & Int; Development Council
$170.00 Econ Dev; Diamond Vogel Paints $50.27 Su; Dutton Lainson $4,249.18
Various; Eakes Office Plus $31.82 Su; Econo-Clad Books $167.17 Bks; Elliott
Equipment $8,131.21 Rep; Engels, D $965.00 Tr; Enterprise Electric $98.28 Rep;
Envirotech $14,681.44 Su; Fastenal $106.88 Rep; Fedex $20.22 Pstg; Fremont
Nat'l Bank $33,167.62 Ded; Frontier $193.56 Serv; Gardner, J $74.54 Su; Gray
Supply $24.90 Su; Great Plains One-Call $174.62 Serv; Great Plains Safety,
Health $2,300.00 Serv; Great Platte River Road Archway Monument $399,000.00
Grant; Grupe, B $125.00 Tr; H.T.E. $7,425.00 Serv; Hach $375.64 Rep; Heartland
Coop $773.16 Su; Heiman Fire Equipment $221.20 Rep; HHS Regulation $6.00
Permits; Highland Park $1,145.50 Rep; Hurricane Fence of NE $1,260.00 Equip;
ICMA RC $2,419.91 Ded; IntelliCom Computer Consulting $69.00 Serv; IRS
$75,667.87 Ded; Interstate Structures $10,956.84 Serv; Jack Lederman Co $92.22
Containers; Johnson Service $953.55 Rep; Junkman's Recycling $45.27 Su; K&D
Motor $110.00 Rep; Ky Area Solid Waste Agency $567.64 Tipping Fees; Ky Chamber
of Commerce $41.00 Comm. Betterment; Ky Clinic $768.00 Serv; Ky Concrete
$1,981.39 Su; Ky Hub $2,438.33 Serv; Ky Implement $844.00 Rep; Ky Winlectric
$74.72 Su; Kirkham, Michael & Assoc $6,344.00 Serv; Klaus, M $175.26 Tr;
Kneher, W $89.11 Ref; Kolar, J $69.00 Tr; Koster, B $19.00 Ref; Kotschwar, T
$125.00 Tr; L&W Tires $726.63 Rep; Landmark Audiobooks $5.00 Bks; Lasertec
of NE $92.00 Su; Linweld $289.73 Various; Luebbert, D $22.52 Ref; Lynaugh, J
$432.00 Reim; Magic Cleaning $600.00 Serv; McCollister & Co $721.35 Inv;
McDermott & Miller $15,975.00 Serv; Meier, S $19.64 Ref; Mid America Pay
Phones $100.00 Serv; Mid America Pump $1,728.76 Rep; Midlands Contracting
$283,622.69 Serv; Miller & Associates $10,638.50 Serv; Miller Signs $18.00
Su; Morris Press $27.50 Su; Nat'l Supply $72.14 Su; Nat'l Waterworks $2,997.00
Inv; NCL of Wisconsin $331.29 Serv; NE Child Support $1,027.09 Ded; NE Golf
Assoc $24.73 Dues; NE Dept of Revenue $23,835.41 Taxes; NE Dept of Roads
$151.42 Serv; NPPD $53,347.23 Serv; NE Section AWWA $100.00 Tr; NeRPA First
Annual Acquatic Conf $30.00 Tr; Northstar Audio Books $5.00 Bks; Northwestern
Energy $6,921.88 Serv; Northwestern University $3,151.00 Tr; ODV $106.75 Su; Officenet
$200.00 Su; O'Keefe Elevator $285.00 Rep; Paramount Linen $227.35 Various;
Paulsen $2,080.00 Serv; Payne Larson Furniture $3,190.13 Rep; Penner, M $19.00
Ref; Postmaster $320.00 Pstg; Preferred Mail $83.24 Pstg; Presto-X $55.00 Serv;
Ready Mixed Concrete $2,990.38 Su; Recorded Books $162.30 Bks; Regional Books
$56.40 Bks; Respond First Aid $37.50 Su; Schanou, J $127.62 Tr; Scurto, R
$90.00 Reg; Skillpath Seminars $199.00 Tr; Snap on Tools $300.00 Tr; Splitter,
M $438.69 Tr; Steffensmeier, J $51.75 Tr; Stocker, K $161.05 Su; Story, G
$125.00 Tr; Super Shine Auto Care $20.00 Rep; Sweet, D $7.07 Ref; Third Party
Environmental $175.00 Rep; Tollefsen-Elliott Lumber $13.65 Rep; Tool Doctor
$63.50 Tools; Transit Works $59.00 Equip; Treadway Graphics $842.26 Su;
Trembly, M $143.91 Tr; Unique Books $10.45 Bks; UPS $40.78 Rep; UNK $378.37
Serv; University of NE Water Center $25.00 Tr; University of NE Tree Care
$40.00 Tr; Utility Equipment $172.17 Inv; Video Store Shopper $162.98 Su;
Village Cleaners $218.10 Rep; Warrington, D $64.00 Tr; Wessels, W $250.00 Tr;
West Group $615.40 Su; Westfall GMC Truck $1,254.90 Rep; Winter, J $19.00 Ref;
WPCI $50.00 Serv; Xerox $266.90 Serv; Young, M $1.60 Tr; Zimmerman Printers
$370.50 Su; Payroll Ending 02-08-2003 -- $220,367.64.
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 11, 2003 at 7:30 P.M. as date and time for hearing on those applications where
applicable.
4.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving the Non-Owned Hangar Lease with Ola Criffield for the ground
underlying Hangar T-924 and approve Resolution No. 2003-25.
RESOLUTION NO. 2003-25
BE IT RESOLVED by the President and
City Council of the City of Kearney, Nebraska, that the President be and is
hereby authorized and directed to execute the Non-Owned Hangar Lease on behalf
of the City of Kearney, Nebraska, with Ola Criffield for the ground underlying
Hangar T-924, a copy of the Lease, marked Exhibit “1”, is attached hereto and
made a part hereof by reference.
PASSED AND APPROVED THIS 25TH DAY OF FEBRUARY, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
5.
Approve the application for a Special Designated License submitted by STEVE AND
JONI PAULSEN, dba "The Sand Bar" in connection with their Class
C/K28462 Liquor License to dispense beer, wine and distilled spirits in the
Exposition Building at the Buffalo County Fairgrounds, 3807 Avenue N, on March
7 and 8, 2003 from 5:00 p.m. until 1:00 for a rodeo.
6.
Approve the application for a Special Designated License submitted by STEVE AND
JONI PAULSEN, dba "The Sand Bar" in connection with their Class
C/K28462 Liquor License to dispense beer, wine and distilled spirits in the
Exhibit Building at the Buffalo County Fairgrounds, 3807 Avenue N, on March 15,
2002 from 8:00 p.m. until 1:00 for a motorcycle show.
7.
Approve the request submitted by Carol Letcher to extend Conditional Use Permit
No. 2001-03 for a resource extraction and stockpiling operation located ¾ mile
north of 56th Street on west side of Avenue N for a period of two years.
8.
Approve the application for a Special Designated License submitted by CHICKEN
BONES, LLC, dba “Chicken Coop Sports Bar & Grill” in connection with their
Class I54354 Liquor License to dispense beer, wine, and distilled spirits in
the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on
March 22, 2003 from 4:00 p.m. until 1:00 a.m. for a wedding reception subject
to the City receiving the required Certificate of Insurance.
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
ORDINANCE NO. 6937 – ISSUANCE OF $4,425,000 VARIOUS PURPOSE
BONDS
Council Member Kearney vacated his chair and abstained from
voting since he is president of the one of the banks involved.
The City has completed construction, made final payments on,
and assessed the improvement costs according to benefits derived on the 2000
Part V Street Improvement Projects, the 2000 Part VI Street Improvement
Projects, the 2001 Part I Street Improvement Projects, the 2001 Part III Street
Improvement Projects, the 2001 Part IV Street Improvement Projects, the 2001
Part V Street Improvement Projects, and the 2001 Part VI Street Improvement
Projects.
Prior to the construction of the above Street Improvement
Projects, Series 2001 Bond Anticipation Notes were approved by the City Council
to provide cash to pay contractors as “Applications and Certificates for
Payment” were approved by the City’s Engineer and the City Council. The Series
2001 Bond Anticipation Notes, which are dated April 1, 2001, provided short
term financing for the above Street Improvement Projects and mature on April 1,
2003. Therefore, it is necessary to approve the Series 2003 Various Purpose
General Obligation Bonds to redeem the Bond Anticipation Notes dated April 1,
2001, and provide long-term financing for the above Street Improvement
Projects.
The total amount of the outstanding Series 2001 Bond
Anticipation Notes is $5,975,000.00. The total amount of the Series 2003
Various Purpose General Obligation Bonds will be $4,425,000.00. The
difference between the Series 2003 Various Purpose General Obligation Bonds and
the outstanding Series 2001 Bond Anticipation Notes will be funded with
developer deposit collections, special assessment collections, and unspent
proceeds of the Series 2001 Bond Anticipation Notes. The term of the Series
2003 Various Purpose General Obligation Bonds will be twenty years with an
interest rate of 1.15% on the one year bonds to 4.75% on the twenty year bonds.
The annual payments on the Series 2003 Various Purpose General Obligation Bonds
will be approximately $331,000.00 each year for twenty years.
Richard Pedersen, an attorney with the Baird Holm Law Firm
located in Omaha, has drafted the proposed ordinance in accordance with state
and federal laws governing such bonding arrangements. Mr. Pedersen is the City
of Kearney’s bond counsel and is very familiar with State and Federal
regulations regarding these matters.
The City will be required to budget approximately
$331,000.00 annually over the next twenty years in order to make the annual
principal and interest payments on the Series 2003 Various Purpose General
Obligation Bonds.
Jim Fox from Ameritas presented this matter to the
Council. Two years ago for paving projects, they did $5,975,000 for
a 2-year loan at 4.10 percent. They have netted through proceeds that were left
over from those notes, (due to excellent construction bids) about $839,000 in
special assessments that have been collected. The amortization scheduled
and the interest rates on the new loans are for 20 years. The overall,
all-inclusive rate of interest is 4.38 percent. They are issuing these bonds
for 20 years with level annual payments, with a 5-year par-call and replacing
2-year money that cost 4.10 percent with 20 year money costing 4.38 percent. On
the source of uses, they have done something different. When issuing $3 million
in bonds, they usually amortize over 10 years, and don’t look for a
rating. Since there was $4.4 million and the loan was for 20 years, they
paid for a triple-A insured bond rating. It is a one-time deal; the $20,000 is
paid up front in exchange for a triple-A bond rating. The differential between
a non-rated piece of paper and a triple-A insured paper is about .02 of 1
percent. That is about $100,000 that means it costs about $20,000 to save
$75,000. Everything else has been done as before, 5-year par-call and the notes
mature on April 1, which is settlement date for these bonds. On these bonds,
about 37 percent of the debt serviced will be serviced with special
assessments. These are Various Purpose Bonds, and the breakdown is between
general obligations of the streets and the general public. The split on the
debt service is about 37 percent special assessments and 63 percent general
public.
Council Member Buschkoetter introduced Ordinance No. 6937,
being Subsection 1 of Agenda Item VI to authorize the issuance Various Purpose
Bonds of the City of Kearney, Nebraska, in the principal amount of Four Million
Four Hundred Twenty-five Thousand Dollars ($4,425,000.00) for the purpose of
paying the costs of improving streets and intersection in Paving Improvement
District Nos. 2000-822, 2000-829, 2000-837, 2000-838, 2000-839, 2000-841,
2000-842, 2000-843, 2000-844, 2000-845, 2000-846, 2000-847, 2000-848, 2000-849,
2000-850, 2000-851, 2000-852, 2000-854, 2000-855, 2000-856, and 2000-857;
directing the application of the proceeds of said bonds; prescribing the form
of said bonds; providing for the levy and collection of taxes to pay the same;
providing for the sale of the bonds; and authorizing the delivery of the bonds
to the purchaser, 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 Hadley 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: Blankenship, Zapata,
Hadley, Buschkoetter. Nay: None. Kearney abstained. 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. 6937 by number. Roll call of those in favor of the passage
of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Zapata, Hadley, Buschkoetter. Nay: None. Kearney
abstained. Motion carried. Ordinance was read by number.
Moved by Hadley seconded by Zapata that Ordinance No. 6937
be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter. Nay:
None. Kearney abstained. Motion carried.
By reason of the roll call voted on the first reading and final
passage of the ordinance, Ordinance No. 6937 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.
CRANES ON PARADE PROJECT
Mayor Blankenship opened for discussion the License
Agreement between the City of Kearney and Kearney Dawn Rotary/Kearney Dawn
Prism, Inc. to permit the placement and display of “Cranes on Parade Project”
statues on public property such as in parks and on rights-of-way and to
consider Resolution No. 2003-26.
“Cranes on Parade” is an event that is being sponsored by
the Kearney Dawn Rotary Club. This event celebrates the annual migration of the
sandhill crane to the Kearney area. Nationally renowned artist, Martha
Pettigrew, has sculpted a prototype crane that local artists are
decorating/painting. This project consists of the production, installation, and
display of life size crane statues in public places.
The cranes from this event will be staged around the
community. Some of the cranes will be displayed on public property. Members of
the Kearney Dawn Rotary Club want to enter an Agreement that would allow them
to display crane sculptures on City property. This would include, but not
limited to, public parks and on public rights-a-way. The sponsors of this
project would be responsible for securing the sculptures and they are planning
to place each sculpture on a small concrete base. Installation of the
statues will take place in March 2003 where they will remain through summer and
fall of 2003. Removal of all statues by members of the Kearney Dawn Rotary Club
will happen no later than October 20, 2003.
This agreement will not have a fiscal impact on the City as
the Cranes on Parade organization will cover the cost of installation and
removal of the cranes. The Cranes on Parade organization will insure the
cranes.
Dave Keiter and Pat Jones were present to address this
matter. Mr. Keiter stated the Kearney Rotary Club has established a
non-profit corporation that is called “Kearney Dawn Prism”. Rotary
International requires them to be a separate entity from the regular Kearney
Rotary to do a project of this type. The agreement will be between Kearney Dawn
Prism and the City of Kearney.
The concept of “Cranes on Parade” is not a new concept. This
was presented to them about a year and half ago by one of the Noon Rotarians,
Bill Ballou, as a possible fundraiser for one of their service projects.
In order to make this possible, it takes a good team.
Sue Biggs has chaired the committee, and on that committee was Pat Jones and
along with Pat came about 90 percent of the artists in Kearney, Nebraska. The
other committee members are Dr. Karl Wardyn, Mike Kalb, and Stephanie Dicky.
The concept is a take off of the parade of cows in Chicago and Kansas City and
the Does project in Omaha. This has been a tried and true event in other
cities. It takes something that is unique to the area, which in our case are
the cranes. They hired Martha Pettigrew, who did the sculpture of the crane.
The sculpture was then taken to Gibbon Fiberglass where Charlie Spenser made
31of the 6-foot renditions of the crane.
The committee worked with Public Works on placing the cranes
throughout the community. The cranes will be unveiled after the ribbon cutting
ceremony at the Rowe Sanctuary on Thursday at the multi-city mixer. Roger
Jasnoch, with the Kearney Visitors Bureau, has been instrumental in allowing
them to be involved in these activities. The public showing will be on March
1st and March 2nd at Rowe Sanctuary south of Gibbon. The cranes will be taken
to the State Capital Building for a week in connection with the Nebraska Platte
River Area Communities that will be doing a spring crane migration. Between
March 7th and whenever spring arrives in Kearney, they will be placing these
cranes in the rights-of-way. In some cases, they will be in front of some
of the sponsors’ businesses.
There are four that impact the City property, which will be
placed at Meadowlark Golf Course, the Kearney Public Library, the Airport
terminal, and the Spillway Park by the University. The remainder will be placed
in front of the sponsor’s business or other businesses that would benefit from
the exposure of the Cranes in front of their establishments. The goal is to
bring tourism off the Interstate into our city to experience the creativity on
these crane canvases. The plan is to try to bring them all together for Art in
the Park in July. The auction will be at MONA on October 11th, where they will
be auctioned and the funds will actually be raised. There is a list of 19
recipients that will receive these funds.
Moved by Zapata seconded by Blankenship to approve the
License Agreement between the City of Kearney and Kearney Dawn Rotary/Kearney
Dawn Prism, Inc. to permit the placement and display of “Cranes on Parade
Project” statues on public property such as in parks and on rights-of-way and
approve Resolution No. 2003-26. Roll call resulted as follows: Aye:
Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None.
Motion carried.
RESOLUTION NO. 2003-26
BE IT RESOLVED by the President and
City Council of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the License Agreement on behalf of the City
of Kearney, Nebraska, with Kearney Dawn Rotary/Kearney Dawn Prism for the
displaying of six-foot crane statues on designated public property as set forth
in the Agreement, a copy of the License Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 25TH DAY OF FEBRUARY, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
AWARD BID FOR ROOF REPLACEMENT AT
MAINTENANCE FACILITY AT WASTEWATER TREATMENT PLANT
Mayor Blankenship opened for discussion the bids received
for the Roof Replacement at the Maintenance Facility at the Wastewater
Treatment Plant and to consider Resolution No. 2003-27 awarding the bid to
Walker Roofing of Lexington, Nebraska in the amount of $12,997.00.
In this year’s budget the Wastewater Treatment Plant
Division included $7,000.00 for the replacement of the roof on the Maintenance
Building. The roof has some leaks and is in need of replacement at this
time. In addition to the roof replacement an exterior roof access ladder
was added to the project to improve safety when performing maintenance on roof
mounted ventilating equipment. Additionally, Miller and Associates, the
City’s Engineer, recommended a higher quality roof than the roof quoted at
budget time.
The Council approved the Plans and Specifications for this
project at the January 14, 2003 Council meeting.
On February 6, 2003 the City received sealed bids for the
Roof Replacement on the Maintenance Building at the Wastewater Treatment
Plant. A bid tabulation sheet and the architect’s letter recommending
award of the bid are attached for your review. Four bids were
received. Walker Roofing of Lexington submitted the low bid in the amount
of $12,997.00.
$7,000.00 was included in this year’s budget for the Roof
Replacement at the Maintenance Building at the Wastewater Treatment
Plant. The Engineer’s Estimate for the project was $24,200.00. The
low bid received in the amount of $12,997.00 is $11,203.00 below the Engineer’s
Estimate and $5,997.00 above the amount budgeted.
Because the roof is leaking and because the bid received is
such a good value for the project, Administration has decided that the
extension of the lawn irrigation system that was included in the budget in the amount
of $5,000.00 can be delayed and that cumulative savings on other line items
within the budget will be used for the roof replacement project.
Scott Sanders from Miller & Associates was present to
answer any questions.
Moved by Blankenship seconded by Kearney to approve the bids
received for the Roof Replacement at the Maintenance Facility at the Wastewater
Treatment Plant and approve Resolution No. 2003-27 awarding the bid to Walker
Roofing of Lexington, Nebraska in the amount of $12,997.00. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata,
Hadley. Nay: None. Motion carried.
RESOLUTION NO. 2003-27
WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed
bids which were opened on February 6, 2003, at 2:00 p.m. for the Roof
Replacement at the Maintenance Facility at the Wastewater Treatment Plant; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $24,200.00; and
WHEREAS, the said engineers have
recommended the bid offered by Walker Roofing of Lexington, Nebraska in the sum
of $12,997.00 be accepted as the lowest responsible bid.
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 Walker Roofing of Lexington, Nebraska be and is the lowest
responsible bidder for the Roof Replacement at the Maintenance Facility at the
Wastewater Treatment Plant to be constructed in accordance with the plans and
specifications on file with the City Clerk and that the bid of Walker Roofing
in the sum of $12,997.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
the Roof Replacement at the Maintenance Facility at the Wastewater Treatment
Plant in the amount of $24,200.00 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 FEBRUARY, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
AWARD BID FOR 11TH STREET PEDESTRIAN BRIDGE
Mayor Blankenship opened for discussion the bids received
for the construction of the 11th Street Pedestrian Bridge and to consider
Resolution No. 2003-28 awarding the bid to Simon Contractors of North Platte,
Nebraska in the amount of $53,769.00.
When the City and County originally replaced the 11th Street
Bridge we agreed to build it 48-foot wide to accommodate the future 11th Street
as a 4-lane road. In the meantime, we have used the additional width on the
bridge to accommodate the 2-lane road and the recently completed Hike Bike
Trail. With the 4-lane extension of 11th Street to Kea West Road we can no
longer accommodate the Hike Bike Trail on the existing bridge and must add an
additional section to the south side for pedestrians.
Sealed bids for the Hike Bike Trail Improvements to the south
side of the existing 11th Street Bridge were received on Tuesday, February 18,
2003 at 2:00 p.m. The following three (3) bids were received:
Simon Contractors, Inc., North
Platte
$53,769.00
Midlands Contracting, Inc., Kearney,
NE
$67,442.50
Diamond Engineering Co., Grand
Island
$78,790.25
All proposals have been reviewed. No errors, omissions, or
exceptions were noted. The contractor’s completion date is July 25, 2003.
The Engineer’s Opinion of Probable Construction Cost was
$74,275.00. The low bid from Simon Contractors, Inc., is 28% below the
Engineer’s Opinion of Probable Construction Cost. Advertisements for Bids were
transmitted to the attached list of Contractors, plan houses and suppliers in
the area. The Engineer therefore recommended the bids be accepted and the
contract awarded to Simon Contractors, Inc. in the amount of $53,769.00.
Kent Cordes from Miller & Associates presented this
matter to the Council. They anticipate actual construction time should be about
a month. The original date of completion was set for May 18th. Due to current
concerns of some of the contractors not being able to get materials in time,
the date has been extended to July 11th by addendum. Even though they are
anticipating a later starting date, the actual construction should take about a
month. When the double-T bridge is brought in and set on the abutments, they
anticipate the possibility that 11th Street would be closed temporarily that
day or for at least a few hours.
Moved by Kearney seconded by Buschkoetter to approve the
bids received for the construction of the 11th Street Pedestrian Bridge and approve
Resolution No. 2003-28 awarding the bid to Simon Contractors of North Platte,
Nebraska in the amount of $53,769.00. Roll call resulted as
follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION NO. 2003-28
WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed
bids which were opened on February 18, 2003, at 2:00 p.m. for the construction
of the 11th Street Pedestrian Bridge; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $74,275.00; and
WHEREAS, the said engineers have
recommended the bid offered by Simon Contractors of North Platte, Nebraska in
the sum of $53,769.00 be accepted as the lowest responsible bid.
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 Simon Contractors of North Platte, Nebraska be and is the lowest
responsible bidder for the construction of the 11th Street Pedestrian Bridge to
be constructed in accordance with the plans and specifications on file with the
City Clerk and that the bid of Simon Contractors in the sum of $53,769.00 be
and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
the construction of the 11th Street Pedestrian Bridge in the amount of
$74,275.00 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 FEBRUARY, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
AWARD BID FOR UTILITIES DEPARTMENT VEHICLE STORAGE FACILITY
Mayor Blankenship opened for discussion the bids received
for the construction of the Vehicle Storage Facility for the Utilities
Department located at 1220 East 26th Street and to consider Resolution No.
2003-29 awarding the bid to BD Construction of Kearney, Nebraska in the amount
of $214,890.00.
In this year’s budget, the Water Distribution Division
included funds for the construction of a Vehicle Storage Building. The proposed
Vehicle Storage Building is to be constructed just west of the Utilities
Department Administrative offices at 1220 East 26th Street.
The Vehicle Storage Building will house ten major pieces of
equipment for the Water Distribution Division and three major pieces of equipment
for the Sewer Collection Division. Several pieces of this equipment need to be
stored inside during the winter because they carry water in tanks and pumps
that must not be allowed to freeze. The other equipment should be kept inside
in order that it will be available during all types of weather in case of
emergencies such as broken water mains and stopped sewer mains.
At the January 28, 2003 City Council meeting, the Council
approved the Plans and Specifications for the Vehicle Storage Building and set
February 19, 2003 as the bid opening date.
On February 19, 2003 the City received eight bids for the
Utilities Department Vehicle Storage Building. B-D Construction of Kearney
submitted the low bid in the amount of $214,890.00. The bid was for the removal
of the existing shop building at the site and for the construction of a 60 foot
by 100 foot metal building with a brick wainscoting and colored roof and siding
to match the Utilities Department office building. The building bid included
infrared heating, a fire suppression system, a bathroom, break-room and an
office within the building. Paving and chain link fence were also
included in the bid.
Administration realized that after adding colored siding,
roof and the brick wainscoting in addition to the infrared heat and fire
sprinkler system that the cost of the building may approach the amount budgeted
without the interior finishes. Alternate bids were requested deducting
the office, break-room and bathroom in Alternate Number One, the chain link
fence in Alternate Number Two and the Paving in Alternate Number 3. The
Engineer’s Estimate for the project was $185,000.00. The low bid with the
Alternates deducted is $168,490.00 or $16,510.00 below the Engineer’s Estimate.
Contingencies associated with the removal of the existing building, foundation
and paving may be one of the main reasons for a higher bid than anticipated.
Administration believes receiving bids this early in the
year insured that it would receive a competitive bid. This is reflected in the
fact that eight bids for the project were received and that the range of the
bids was so close. It is believed that the low bid is an accurate
representation of the cost of construction and that a better bid may not be
received even if the project was re-bid at a later date. Additionally,
Administration believes that the building will be an excellent asset to the
site and be visually pleasing to the passing motorist and neighboring property.
$150,000.00 has been included in this year’s Water Distribution
Division Budget for this project. The low bid is $168,490.00 with the
Alternates deducted. The Sewer Collection Division and the Water Production
Division will also benefit from this project and money from those budgets is
available so that the entire cost of the building can be paid from this year’s
budget. Administration proposes to construct the Alternates that were bid as
deducts and deleted from the project in next year’s budget. Under this plan
there are funds available in this budget to construct the building with
infrared heat, brick wanes coating and the plumbing roughed in to allow for
future improvements.
Dick Stacy from Miller & Associates presented this
matter to the Council. The bid of $214,000.00 did exceed the engineer’s estimate,
but they were expecting it to be higher due to the fact that the department had
to have a building of a certain size to house the vehicles. When the budget is
tight, there is the option of reducing the size of the building or reducing the
amenities and they were not sure how close they would be. They asked for
alternates that would allow a building to be constructed that meets the needs
for the immediate future to get the trucks out of the weather and be completely
heated. The building is a basic building; the alternates that were taken out
were the interior office and a break room. Those facilities will be roughed in
under this bid for future construction. They have a master plan to work from
and also have the building for the vehicles. The recommendation was for the
award of the contract to BD Construction in the amount of $168,490.00. The
construction time will be approximately 150 days.
Moved by Buschkoetter seconded by Hadley to approve the bids
received for the construction of the Vehicle Storage Facility for the Utilities
Department located at 1220 East 26th Street and approve Resolution No. 2003-29
awarding the bid to BD Construction of Kearney, Nebraska in the amount of
$214,890.00. Roll call resulted as follows: Aye: Blankenship,
Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.
RESOLUTION NO. 2003-29
WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed
bids which were opened on February 19, 2003, at 2:00 p.m. for the construction
of the Vehicle Storage Facility for the Utilities Department located at 1220
East 26th Street; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $185,000.00; and
WHEREAS, the said engineers have
recommended the bid offered by B-D Construction of Kearney, Nebraska in the sum
of $168,490.00 be accepted as the lowest responsible bid.
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 B-D Construction of Kearney, Nebraska be and is the lowest
responsible bidder for the construction of the Vehicle Storage Facility for the
Utilities Department located at 1220 East 26th Street to be constructed in
accordance with the plans and specifications on file with the City Clerk and
that the bid of B-D Construction in the sum of $168,490.00 be and is hereby
accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
the construction of the Vehicle Storage Facility for the Utilities Department
located at 1220 East 26th Street in the amount of $185,000.00 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 FEBRUARY, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
AWARD BID FOR ROOF REPLACEMENT PROJECT FOR EAST HALF OF CITY
HALL
Mayor Blankenship opened for discussion the bids received
for the Roof Replacement Project for the East Half of City Hall and to consider
Resolution No. 2003-30 awarding the bid to Weathercraft Co. of Grand Island, Nebraska in the amount of $47,617.00.
As part of the 2002 Long Range Goals and Budget process the
City Council approved a reroofing project for a the east half of City Hall this
year and the west half next year. On December 23, 2002, the Council approved the Plans and
Specifications and set the bid opening date for January 16, 2003. The City received two bids:
Add/Deduct
Bidder
Base
Bid
Unit Price/S.F.
Dobberstein Roofing
Company
$51,600.00
$1.50
Weathercraft Co. of Grand Island $58,916.00
$0.35
Considering both bids were over the engineer’s estimate of
$49,500.00, and the potential for the construction costs to be even greater
because of the unit price for removing additional roofing, the Council rejected
both bids and authorized Administration to re-bid the project.
With the engineer’s estimate being $49,500.00 and by going
out for additional bids, the City believes it can get a better price on the
project and save the taxpayers some money. The City also extended the
completion date until July to leave it more open for contactors to bid on it.
The completion date will be changed from May to July so that contractors can
work it into their schedule and potentially provide a better bid to the City.
In addition, the unit prices for removal of additional roofing will be
eliminated. This is a contingency that could drive the cost of the project up.
Specifications will be modified to indicate that the
contractor would be responsible for his own investigation of how much roofing
material there is on each portion of the roof and provide a bid according to
those results. Everyone would be bidding the same thing and after that, there
should not be any contingencies at all for the project.
The City re-bid the project and sealed bids for the
reroofing project for the east half of City Hall were received on Wednesday, February 19, 2003. The following three (3) bids were
received:
Bidder
Base
Bid
Weathercraft Co., Grand Island
$47,617.00
Ziemba Roofing Company,
Hastings
$51,480.00
Energy Roofing
Technology
$67,547.67
All proposals have been reviewed. No errors, omissions, or
exceptions were noted. The contractor’s completion date is July 1, 2003.
The Engineer’s Opinion of Probable Construction Cost was
$49,500.00. The low bid from Weathercraft Co., is 4% below the Engineer’s
Opinion of Probable Construction Cost. Advertisements for Bids were transmitted
to the attached list of Contractors, plan houses and suppliers in the area. The
Engineer therefore recommended the bids be accepted and the contract awarded to
Weathercraft Co., in the amount of $47,617.00.
Scott Sanders from Miller & Associates was present to
answer any questions.
Moved by Hadley seconded by Zapata to approve the bids received
for the Roof Replacement Project for the East Half of City Hall and approve
Resolution No. 2003-30 awarding the bid to Weathercraft Co. of Grand Island, Nebraska in the amount of $47,617.00.
Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.
RESOLUTION NO. 2003-30
WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed
bids which were opened on February 19, 2003, at 2:00 p.m. for the Roof
Replacement Project for the East Half of City Hall; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $49,500.00; and
WHEREAS, the said engineers have
recommended the bid offered by Weathercraft Co. of Grand Island, Nebraska in the sum of $47,617.00 be
accepted as the lowest responsible bid.
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 Weathercraft Co. of Grand Island, Nebraska be and is the lowest
responsible bidder for the Roof Replacement Project for the East Half of City
Hall to be constructed in accordance with the plans and specifications on file
with the City Clerk and that the bid of Weathercraft Co. in the sum of
$47,617.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
the Roof Replacement Project for the East Half of City Hall in the amount of
$49,500.00 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 FEBRUARY, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
AWARD BID FOR RECYCLING CENTER AT 3007 EAST 39TH STREET
Mayor Blankenship opened for discussion the bids received
for the construction of the Recycling Center located at 3007 East 39th Street and to consider Resolution No.
2003-31 awarding the bid to Interstate Structures of Kearney, Nebraska in the
amount of $1,293,179.00.
In this year’s budget funds were included for the
construction of the Kearney Area Recycling Center. At the January 14, 2003
City Council meeting the Council approved the Plans and Specifications for the
construction of the Kearney Area Recycling Center. The Recycling Center will also house the Sanitation Division trucks and equipment.
The building will be approximately 47,000 total square feet in area.
About 3,500 square feet of the building will be employee facilities such as the
break room, locker room, meeting room and offices for the Sanitation Foreman.
About 14,500 square feet of the building will be for truck and equipment
storage. The remaining 29,000 square feet will be used for recyclable
processing, storage and shipping.
The building design and site plan were reviewed and approved
by the Planning Commission and City Council. The site will be heavily
landscaped under a separate contract after the building is completed. Recycling
equipment is not included in the building contract. Existing recycling
equipment will be moved from the existing building. Some new equipment is being
considered in future budgets. Office furniture and equipment will be
purchased from next year’s Sanitation Fund budget.
On February 18, 2003 the City received sealed bids for the
construction of the Kearney Area Recycling Center. Ten bids were received.
Interstate Structures Inc. of Kearney submitted the low bid in the amount of
$1,293,179.00 with a completion date of 180 days.
The low bid is $184,821.00 below the Engineer’s Estimate of
$1,478,000.00. The low bid is $356,821.00 below the $1,650,000.00 included in
the budget. The funds remaining will be used for landscaping and for possible
change orders that may be required to finish the project.
The construction of the Kearney Area Recycling Center was
included in this year’s budget. The cost of construction will be funded
by cash reserves in the Sanitation Division and the Kearney Area Solid Waste
Agency Fund. The total amount included in this year’s budget for the
construction of the recycling center is $1,650,000.00. The low bid is $356,821.00
below the amount budgeted and $184,821.00 below the Engineer’s Estimate.
Dick Stacy from Miller & Associates presented this
matter to the Council. He did point out that the difference between the first,
second, and third bidder was one half of one percent. They believe that they
have chosen the best proposal for the City. It is a very large building and
will be very significant in the future for the City for recycling for City
Utilities. The proposal stated 180 days to completion. Mr. Stacy believed
that that was optimistic given the present delivery time of steel. They will
discuss that with the contractor at the pre-bid conference, so that a realistic
date can be established.
Moved by Zapata seconded by Blankenship to approve the bids
received for the construction of the Recycling Center located at 3007 East 39th
Street and approve Resolution No. 2003-31 awarding the bid to Interstate
Structures of Kearney, Nebraska in the amount of $1,293,179.00. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata,
Hadley. Nay: None. Motion carried.
RESOLUTION NO. 2003-31
WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed
bids which were opened on February 18, 2003, at 2:00 p.m. for the construction
of the Recycling Center located at 3007 East 39th Street; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $1,478,000.00; and
WHEREAS, the said engineers have
recommended the bid offered by Interstate Structures, Inc. of Kearney, Nebraska
in the sum of $1,293,179.00 be accepted as the lowest responsible
bid.
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 Interstate Structures, Inc. of Kearney, Nebraska be and is the
lowest responsible bidder for the construction of the Recycling Center located
at 3007 East 39th Street to be constructed in accordance with the plans and
specifications on file with the City Clerk and that the bid of Interstate
Structures, Inc. in the sum of $1,293,179.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
the construction of the Recycling Center located at 3007 East 39th Street in
the amount of $1,478,000.00 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 FEBRUARY, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
PLANS AND SPECIFICATIONS FOR 56TH STREET BOX CULVERT
Mayor Blankenship opened for discussion the Plans and
Specifications for the construction of the 56th Street Box Culvert and set the
bid opening date for March 18, 2003 at 2:00 p.m.
As part of the 2002 Long Range Goals, Budget process, and
the current One and Six Year Street Plan, the City Council approved Paving
Improvements for 56th
Street from 2nd Avenue to Avenue N. The first phase
of this project is to replacethe galvanized culvert under 56th Street with a
concrete box culvert that will allow the installation of a 4-lane road over the
top in the next phase of this project.
The City is ready to advertise and receive bids for the
construction of the Box Culvert Phase of the 56th Street project at this time. Attached is a letter from Kent
Cordes requesting approval of the plans and specifications and to set the bid
opening date for March
18, 2003 at 2:00 p.m.
The Engineer’s Opinion of Probable Construction Cost ranges
between $80,000 and $150,000. The work involved will be substantially
complete on or before May
30, 2003.
Kent Cordes from Miller & Associates presented this
matter to the Council. The substantial completion date for the project is May
30th, which is a fairly ambitious schedule again, but they are trying to tie
this in with some other work on the 56th Street widening project. They are anticipating closing the road
between Avenue N and Avenue E for construction of the box culvert. While the
culvert is under construction, the widening of the road will begin so the road
will only be closed once. After the widening project is done, 56th Street will be four-lane.
Moved by Blankenship seconded by Kearney to approve the Plans and
Specifications for the construction of the 56th Street Box Culvert and set the bid opening date for March 18, 2003 at 2:00 p.m. Roll call resulted as follows: Aye:
Blankenship, Kearney, Zapata, Hadley, Buschkoetter. Nay:
None. Motion carried.
PLANS AND SPECIFICATIONS FOR 2003 PART I IMPROVEMENTS
Mayor Blankenship opened for discussion the Plans and
Specifications for the 2003 Part I Improvements consisting of Paving
Improvement District No. 2002-868 for 39th Street from 22nd
Avenue to 30th Avenue and set the bid opening date for March 27, 2003 at 2:00 p.m.
As part of the 2002 Long Range Goals, the Budget process,
and the current One and Six Year Street Plan, the City Council approved Paving
Improvement District No. 2002-868 for 39th Street from 22nd
Avenue to 30th Avenue.
The City is ready to advertise and receive bids for the
construction of the aforementioned project and to set the bid opening date for March 27, 2003 at 2:00 p.m. The Engineer’s Opinion of Probable Construction Cost ranges
between $500,000 and $1,000,000. The work involved should be
substantially complete within 150 days. Additionally, all work will be
substantially complete on or before November 1, 2003.
Dave Mead from Miller & Associates was present to answer
any questions.
Moved by Kearney seconded by Buschkoetter to approve the
Plans and Specifications for the 2003 Part I Improvements consisting of
Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to
30th Avenue and set the bid opening date for March 27, 2003 at 2:00 p.m.
Roll call resulted as follows: Aye: Blankenship, Zapata, Hadley,
Buschkoetter, Kearney. Nay: None. Motion carried.
GREAT PLATTE RIVER ROAD MEMORIAL ARCHWAY BOND SETTLEMENT
Mayor Blankenship opened for consideration approving and
ratifying The Great Platte River Road Memorial Archway Bond
Settlement Agreement subject to certain conditions and to consider Resolution
No. 2003-32.
The Great Platte River Road Memorial Arch Foundation has
struggled with payment of the bonds that were issued to construct the Arch. An
“Event of Default” occurred under the Loan Agreement commencing as of July 1, 2002 when there were insufficient funds
in the Debt Service Fund to pay the interest due on July 1, 2002. Wells Nebraska gave notice of the Event of Default to the
City on July 15, 2002. On November 15, 2002, Wells Nebraska accelerated the bonds based on the Event of
Default. Because it is unable to pay the bond payments required after
acceleration, the Foundation proposed to compromise its obligation to repay the
bonds, rather than to force the co-trustees into foreclosing on the Project.
The majority of the holders of the bonds prefers to compromise the obligations
under the bonds rather than to foreclose on the mortgage and directed the
co-trustees to enter into the Settlement Agreement.
The Co-Trustees and Foundation propose to reissue “New
Bonds” as described in Section 1.2, page 2 of the proposed Agreement. The rest
of the terms of the agreement are self-explanatory. Section 4.4, page 7
of the Agreement applies to the City’s obligations. The Co-Trustees (Wells
Minnesota) has required that the City ratify and approve the Agreement.
Kearney, in turn, have requested that certain conditions or provisions be
included in the final documents to be presented to the Court, and in the
required opinions of Counsel, including Bond Counsel, in order to ensure that the
City does not incur any pecuniary responsibility or liability, or any new
obligation by approving the Agreement. The parties to the Agreement have agreed
to our requested amendments.
The City Attorney has drafted the appropriate provisions as
part of Resolution No. 2003-32 to ensure that the City does not incur any new
or additional pecuniary liability or responsibility for the bonds by virtue of
having approved the Settlement Agreement, including responsibility or liability
under the Securities Laws.
According to Section 13-1104 and all of the documents that
have ever been issued with regard to these Series 1998 IDB bonds, the City does
not and did not incur any pecuniary liability or any charge upon its general
credit or against its taxing powers. The Settlement Agreement reduces the
outstanding debt load obligated to be repaid by the Foundation however, and
negates possible foreclosure on the project.
Mike Sumpter from the Great Platte River Road Memorial Arch
presented this matter to the Council. He stated that they believe that this
agreement buys them time which is the thing that they need most. It buys them
time in an environment where they have an opportunity to achieve reasonable,
conservative, operational projections. The journey they have had in 2002, which
he considers to be more of a transitional year for the Archway, has been a time
for learning a lot of good lessons. They have implemented new operational
behaviors, new ways to project, ways to project for the future in terms of
their marketing strategies, and development of infrastructure. He believes they
have a very realistic chance for viability as they move forward with this
development of process combined with this agreement. They are very excited
about the alternatives they have now and with the help of the City they will
continue that momentum.
City Attorney Mike Kelley stated that the Settlement
Agreement is between the parties who are creditors and the Foundation. It does not
include the City as a party. The only reason that the Council has been asked to
approve the agreement is because we were the issuing entity for the bonds. The
law requires that they have the Council’s approval before they go ahead with
the Settlement Agreement. Resolution 2003-32 expresses the Council’s approval
of the Settlement Agreement subject to certain conditions that have been added
through the work of Mr. Sumpter and the Bond Counsel, Richard Pedersen. Those
conditions set forth are a result of their attempts to make sure that the City
does not incur or assume any liability. The City did not have any monetary
obligations when the bonds were issued and want to make sure that it do does
not incur any by the simple act of approving the settlement so those conditions
are set forth. He pointed out that that condition is in the last
paragraph, that the conditions that have been expressed there be included in
all final approval documents presented to the courts. This Settlement
Agreement will have to be sent to the courts to be approved.
Councilman Kearney stated that there has been considerable
conversation that people have jumped to conclusions or assumed, as elected
officials that would do something to obligate the City. He believed that the
language used to phrase this resolution has been chosen very carefully through
out this transition. Anyone who chooses to read this resolution should be able
to clearly see that the City is under no monetary obligation for this
agreement. A couple years ago, there were those people that asked if it would
affect the City’s bond rating if something happened to the Archway’s
bonds. Tonight the report on the City bonds was that the City has a
triple-A rating, which further verifies that the Council has been careful. He
complimented Mr. Kelley for presenting a resolution with very clear language.
Councilman Hadley complimented the Great Platte River
Foundation for working this out and making this work. He believed that everyone
wants this to succeed and that this is a good solution. He stated he knows what
hard work goes into getting a settlement of this kind approved and that it is a
very positive thing for them.
Mayor Blankenship also stated that he is pleased with this agreement.
This is an alternative that is going to help the Archway proceed with their
original goal and mission. It protects the City, which had neither an
obligation with the first issuance nor with this issuance.
Councilman Buschkoetter said he also felt comfortable with
this. He was very happy with the possibility of the Arch going forward and
putting some of these issues behind them. He believed that anyone that thinks
about this situation rationally is rooting for it and for how this is going to
work. He feels comfortable with how the City has been able to protect itself,
and allowing the Archway to improve itself through this process.
Mr. Sumpter said that the response from Kearney and the
region has been enormously positive. For example, they kick-started a volunteer
program only sixty days ago, which is growing like a weed. They have been very
excited about the reception that they have received as they attempt to reach
out with the programs to their friends and neighbors. They plan to do more of that
as they move forward.
Mr. Sumpter stated that regarding education, one of the
things they have learned, is that they are mandated by their 501C status as a
Foundation to deliver on the promise of their mission. That is really the ball
that they are keeping their eyes on. A major component of that mission is
educational, which leads them toward youth.
In the near future, you will see evidence of a fairly
aggressive effort to attempt to catch up in that area. This will be done by
partnerships, outreach programs that they will initiate, fund raising efforts
that will be kicked off later this spring for the purpose of generating dollars
for grants and scholarships to assist Nebraska school teachers in focusing some
of their students activities in the compelling historical story that Nebraska
has to tell. That is irrespective of whether they attend the Archway or not.
They believe that they have a broader outreach scope in
their mission than simply linking it to the building itself. Technically, the
Foundation in terms of the mission is not tied to the building. The building is
the major highest quality venue that they have to work with and are very proud
of it. They believe that they should be attempting to reach further than that.
There is not doubt that they need as much tourist related revenue that they can
generate because it costs a lot of money to keep a building of that size and of
that quality going. They are constrained greatly by their status. Even though
they have been referred to as a “for profit enterprise”, and technically they
are, their philosophical goal is to generate enough revenue to service their
obligations including this debt. This is their only long-term debt to service
to meet the needs of their mission. They will attempt to diversify those
revenue screens as well by using their Foundation capabilities. There is no
question that a large majority of the revenue is to come from
Interstate-80.
The Mayor asked how many original investors there were in
the Archway project and if they were institutional in nature? Mr. Sumpter
replied he believed there were seven houses originally and now there are five,
which answers for 95 percent of the total investment.
Moved by Buschkoetter seconded by Hadley to approve and
ratify The Great Platte River Road Memorial Archway Bond Settlement Agreement
subject to certain conditions and approve Resolution No. 2003-32. Roll call
resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.
RESOLUTION NO. 2003-32
WHEREAS, Wells Fargo Bank Minnesota, National Association
(“Wells Minnesota”), Wells Fargo Bank Nebraska, National Association (“Wells
Nebraska” and together with Wells Minnesota, the “Co-Trustees”), the Great
Platte River Road Memorial Foundation, a non-profit Corporation organized under
the laws of the State of Nebraska (the “Foundation”), have requested the City
of Kearney to approve a “Settlement Agreement”, marked Exhibit “A”, attached
hereto and made a part hereof, and
WHEREAS, the Administration and City Attorney have reviewed the Settlement
Agreement and recommended that it is in the best interests of the City of
Kearney and its citizens to ratify and approve the said Settlement Agreement,
subject to certain conditions, which conditions are to be included in final
documents to be presented to the Court for approval, including opinions of
Counsel, including Bond Counsel, and
WHEREAS, the parties to the Settlement Agreement have indicated by and through
their various attorneys that such conditions and provisions are acceptable,
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the Settlement Agreement executed on the 3rd day of
February, 2003, by and between Wells Minnesota, Wells Nebraska and together
with the Wells Minnesota, the “Co-Trustees”, and the Foundation be and is
hereby ratified and approved in accordance with the terms and provisions of
Section 4.4 “Agreement of City”, page 7 of said Agreement, subject to
the condition that the aforesaid parties to the Agreement specifically
acknowledge and agree that the Series 1998 IDB Bonds (hereafter the “Bonds”)
were issued by the City of Kearney in accordance with the Nebraska Industrial
Development Act, Nebraska Revised Statute Section 13-1101 to 13-1110,
inclusive; that the Bonds were issued in accordance with the terms and
provisions of Section 13-1103 (1) of the Nebraska Revised Statutes, and did not
and shall not impose any pecuniary or general obligations on the City of
Kearney, or a charge against the general credit or taxing powers of the City of
Kearney; that neither the City of Kearney nor any of its agents, officers or
employees has participated in or provided information for the preparation of the
Settlement Agreement, and that, by approving the Settlement Agreement, the City
of Kearney, Nebraska, does not and shall not (i) assume or create any pecuniary
or legal obligation with regard to the Settlement Agreement, the Bonds or the
issuance and the status of the Bonds as remaining outstanding; (ii) incur or
assume any liability, obligation or responsibility with respect to any
information, disclosure or other requirements of state and federal securities
laws and related regulations, with respect to the Bonds or the Settlement
Agreement; (iii) incur or assume any obligations provided for or arising under
the Settlement Agreement; (iv) incur or assume or any obligation or
responsibility with respect to the tax-exempt status of interest on the Bonds,
heretofore or hereafter, under the terms of the Settlement Agreement.
BE IT FURTHER RESOLVED by the President and Council that the aforestated
provisions shall be included in all appropriate final documents presented to
the Court for approval of the settlement and any reissue of Bonds, resulting
from the Settlement Agreement, including appropriate opinions of Counsel and
Bond Counsel.
PASSED AND APPROVED THIS 25TH DAY OF FEBRUARY, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
OPEN ACCOUNT CLAIMS -- NONE
There were no Open Account Claims.
VII. REPORTS
City Manager stated that the Director of Finance, Wendell
Wessels, and he would be traveling to Lincoln on Wednesday to testify on LB 462 which is the lid bill.
VIII. ADJOURN
Moved by Zapata seconded by Kearney that Council adjourn at 9:02 p.m. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion
carried.
BRUCE L. BLANKENSHIP
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK