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Kearney, Nebraska

December 26, 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 December 26, 2006 in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael 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: Barary Sherman, Ron Tillery, Roger Jasnoch, Steve England, Marv Reichert, Jim Gardner, Jake Wasikowski from NTV Channel 13.

 

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 C.J. Willis from the Kearney Ministerial Association provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

The Council members led the audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Clouse 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

 

None.

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Lammers that Subsections 1 through 16 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held December 12, 2006.

 

2.         Approve the following Claims: AT&T $239.32 smcs; AC Electric $565.90 smcs; Ace Hardware $299.64 smcs; Advance Auto Parts $106.34 smcs; Advanced Cleaning $381.17 smcs; Afternooners $15.38 smcs; Alamar Uniforms $2,520.56 smcs; All Makes Auto Supply $1,420.47 smcs; Allied Electronics $144.48 smcs; Alltel $160.33 smcs; Amax Contracting $251.58 co; Amazon $1,581.43 smcs,co; Amer Electric $762.98 smcs,co; Amer Locker $22.73 smcs; Amer Small Business $170.91 smcs; Amoco Oil $29.00 smcs; Anderson Brothers $231.11 smcs; Antelope Newspaper $69.00 smcs; Associated Bag Co $485.00 smcs; Aurora Cooperative $1,445.57 smcs; Baird Holm Attorneys $200.00 smcs; Baker & Taylor Books $1,657.98 smcs; Bamford $16,447.87 smcs,co; BBC Audiobooks $225.59 smcs; Bear Frame & Alignment $55.95 smcs; Bill's Trailer Sales $5,400.00 co; Blessing $65,084.80 co; Bluecross Blueshield $75,723.93 smcs; Bobs Super Store $30.17 smcs,ps; Boogaarts $3.68 smcs; Bosselman $19,127.40 smcs; Bowman,R $227.16 smcs; Boyd's Full Service $60.80 smcs; Broadfoot's $241.00 smcs; Brodine,S $124.06 smcs; Brown Traffic Products $1,665.59 smcs; Bruce,K $6.72 smcs; Buffalo Co Court $449.15 ps; Buggy Bath Car Wash $7.00 smcs; Builders Warehouse $5,314.34 smcs,co; Burke,M $4,050.00 smcs; Business & Legal Reports $320.08 smcs; Buyaticom $9.98 co; Cabela's $334.68 smcs; Cardinal Health $118.20 smcs; Caseys General Store $2.78 smcs; Cash-Wa $456.87 smcs; CED Enterprise $42.22 co; Centaur Enterprise $34.69 smcs; Center Point Large Print $26.68 smcs; Central Fire & Safety $113.75 smcs; Central Hydraulic $7,217.79 smcs; Central NE Bobcat $35.88 smcs; Central NE Equipment $71.46 smcs; Central States Wire $3,248.99 smcs; Charter $54.99 smcs; Chesterman $29.50 smcs; Child Support $2,478.21 ps; City of Ky $108,770.87 smcs,ps; CODI $75.00 smcs; College Savings Plan of NE $75.00 ps; Comfort Inn $110.49 smcs; Compass Group $462.00 smcs; Conseco Life Ins $29.00 ps; Construction Rental $794.56 smcs; Control Masters $49.50 smcs; Copycat Printing $716.50 smcs; Cornhusker Cleaning $2,383.40 co; Crushers $9,887.50 smcs; Culligan $188.00 smcs; Cummins $810.99 smcs; D&S Lighting $156.39 smcs; Dawson Co PPD $9,972.15 smcs; Dell $15,210.80 smcs,co; Depository Trust $288,258.75 ds; Diamond Vogel Paints $29.92 smcs; Dobberstein,C $90.00 smcs; Dollar Rent-A-Car $411.43 smcs; Dr Regsoftcom $55.99 smcs; Dutton-Lainson $3,164.27 smcs,co; Eakes $390.07 smcs; Earl May $8.09 smcs; Ecigotomypccom $371.25 smcs; Ed Roehr Safety Products $2,337.72 smcs; Edmo Distributing $721.44 smcs; Eggen,M $200.00 smcs; Eickhoff,B $22.75 ps; Elite Title & Escrow $74,178.20 co; Elliott $162.44 smcs; Engels Glass Design $52.00 smcs; Eustis Body Shop $232.00 smcs; Excalibur Hotel $175.22 smcs; Expression Wear $263.00 smcs; Fairbanks Int'l $188.53 smcs; Farmers Union Coop $2,088.24 smcs; Fastenal $917.43 smcs; Fedex $70.30 smcs; Fiddelke Heating $618.26 smcs; Ford Credit Dept $6,087.38 co; Foster,D $64.92 smcs; G.A. Printing $468.77 smcs; Garrett Tires $557.33 smcs; Gear for Sports $2,369.81 smcs; Gempler $82.45 smcs; Goodwill $21.67 smcs; Gopher Sport $251.75 smcs; Gordon's Small Engine $9.00 smcs; Graham Tire $198.99 smcs; Grainger $342.91 smcs; Graphic Screen Printing $176.00 smcs; Graphicsfactorycom $29.95 smcs; Great Plains One-Call $287.71 smcs; Gross' Belgians $550.00 smcs; H&H Distributing $109.20 smcs; Hach $911.01 smcs; Harley Davidson Central $585.15 smcs; HDSWW $30.00 smcs; Hilton Hotels $144.44 smcs; Hobby-Lobby $23.66 smcs; Holmes Plumbing $426.99 smcs; Howe,C $24.33 smcs; ICMA RC $2,798.17 ps; IRS $90,647.08 ps; Int'l Assn of Elec $90.00 smcs; Int'l Public Manage $698.39 smcs; Jack Lederman $361.45 smcs; Jim Wicht Construction $350.00 smcs; Johnson Hardware $852.00 smcs; Johnson Service $2,531.25 smcs; K&K Parts $60.91 smcs; Ky Implement $693.04 smcs; Ky Centre Vac $25.00 smcs; Ky Clinic $2,887.00 smcs,ps; Ky Concrete $7,239.84 smcs,co; Ky Hub $2,251.30 smcs; Ky Quality $281.39 smcs; Ky Warehouse $165.71 smcs; Ky Winlectric $1,196.92 smcs; Ky Yamaha $273.36 smcs; Kelly Supply $111.39 smcs; Killion Motors $70.92 smcs; Kiplinger Tax Letter $67.00 smcs; Kirkham Michael $4,204.95 smcs; Kmart $8.00 smcs; Landscape Architecture $310.00 smcs; Laser Art Design $595.00 smcs; Lasertec of NE $264.00 smcs; Laughlin,K $180.00 ps; Lawson Products $460.53 smcs; LARM $221,072.00 smcs; League of NE Municipalities $708.00 smcs; Ledtronics $100.15 smcs; Liberty Cleaners $42.46 smcs; Lincoln Public Works $950.00 smcs; Linweld $101.97 smcs; Lips Printing $43.14 smcs; Lynaugh,J $124.60 smcs; Magic Cleaning $3,610.00 smcs; Marlatt Machine Shop $1,412.51 smcs; Mattley Advertising $398.00 smcs; Menards $3,027.14 smcs; MES Mid-America $488.53 smcs; Mid-Kan Blueline $517.50 smcs; Mid-State Engineering $1,824.00 co; Midway Chevrolet $25.11 smcs; Midwest Pump $51.14 smcs; Miller & Associates $43,834.90 co; Miller Signs $249.00 smcs; Morningstar $103.85 smcs; Moss & Barnett $350.40 smcs; Mr Automotive $1,340.23 smcs; MSC Kearney $224.68 smcs; Municipal Supply $1,462.45 smcs; Nat'l Electrical Seminar $120.00 smcs; NCS Equipment Rental $4.60 co; NE Golf & Turf $1,867.30 smcs; NE Law Enforcement $160.50 smcs; NE Library Commission $1,625.00 smcs; NE Machinery $2,478.16 smcs; NE St Fire Marshal $480.00 smcs; NE Well Drillers $200.00 smcs; Nelson's Furniture $200.00 smcs; New Horizons $4,000.00 smcs; North Central Laboratories $800.15 smcs; Northwestern Energy $12,956.99 smcs; ODI Our Designs $29.25 ps; Office Depot $304.55 smcs; Office Max $1,714.56 smcs,co; On-Site Mobile Sharpening $68.69 smcs; O'Reilly $983.66 smcs; Oriental Trading $36.85 smcs; Orscheln $546.81 smcs; Outdoor Recreation $1,213.00 smcs; Overhead Door $60.00 smcs; Paramount Linen $205.58 smcs; Pat's Plumbing $225.00 smcs; Pep Co $51.10 smcs; Pepsi $207.95 smcs; Pitney Bowes $1,500.00 smcs; Platte River Radio $300.00 smcs; Platte Valley Comm $1,220.11 smcs; Plum Creek Medical Group $105.00 smcs; Portable Computer Systems $400.00 co; Premiere Products $115.14 smcs; Presto-X $140.00 smcs; Quill $614.81 smcs; R&R MiniMart $912.00 smcs; Radioshack $211.90 smcs; Random House $210.00 smcs; Ready Mixed Concrete $954.00 co; Recognition Unlimited $67.58 smcs; Recorded Books $64.75 smcs; Red the Uniform Tailor $1,255.46 smcs; Resource Management $441.23 smcs; Respond First Aid Systems $314.50 smcs; RJ Lee Group $84.65 smcs; RTI $334.67 smcs; SA Foster Lumber $2.45 co; Sahling Kenworth $761.40 smcs; Sapp Brothers $18,275.69 smcs; Sears $19.99 smcs; Seneca Tank $336.82 smcs; Sherwin Williams $23.49 smcs; Shirt Shack $4,236.90 smcs; Sign Center $240.00 smcs; Sirchie $328.96 smcs; Snap-On Tools $58.95 smcs; Softchoice $685.06 co; Sportable Scoreboards $530.00 smcs; St of NE Dept Aeronautics $995.00 ds; Steinbrinks Landscaping $364.88 smcs,co; Super Shine Auto $29.75 smcs; Superior Signals $948.70 smcs; Target $113.05 smcs; Thompson,J $11.00 smcs; Thomson Gale $2,351.70 smcs; Tigerdirect $803.86 co; Todd's Flooring $999.05 smcs; Tom Dinsdale $482.71 smcs; Tool Doctor $27.50 smcs; Tractor-Supply $1,997.98 smcs,co; Trade Well Pallet $4,180.00 smcs; Trans-American $300.00 co; Tri City Outdoor Power $109.63 smcs; Turner Body Shop $90.00 smcs; UNK $150.00 smcs; UPS Store $151.13 smcs; USA Blue Book $289.96 smcs; USPS $112.99 smcs; Vessco $125.57 smcs; Village Uniform $269.70 smcs; Wal-Mart Supercenter $1,217.92 smcs,co; Water Environment $310.00 smcs; Weathercraft Roofing $78.50 smcs; Wellness Works $250.00 ps; West Payment Center $1,062.30 smcs; Wilke Donovans $263.89 smcs; Wilkins Hinrichs Stober $5,109.92 co; Williams,M $92.76 smcs; WPCI $53.50 ps; X-ergon $111.60 smcs; Yanda's Music $23.26 smcs; Payroll Ending 12-09-2006 -- $270,023.94.  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 January 9, 2007 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the bids received for the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane 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. 2006-226 awarding the bid to Paulsen, Inc. in the amount of $394,949.50.

 

RESOLUTION NO. 2006-226

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on December 19, 2006, at 2:00 p.m. for the 2007 Part I Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $419,670.00; and

WHEREAS, the said engineers have recommended the bid offered by Paulsen, LLC of Cozad, Nebraska in the sum of $394,949.50 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 Paulsen, LLC of Cozad, Nebraska be and is the lowest responsible bidder for the 2007 Part I Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Paulsen, LLC of Cozad, Nebraska in the sum of $394,949.50 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2007 Part I Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition in the amount of $419,670.00 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 26TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve the Agreement between the City of Kearney and the Nebraska Department of Roads for improvements to Project No. RD-44-2(1008) which consists of repairing and resurfacing 2nd Avenue (Highway N-44) beginning at the south corporate limits and extending to 11th Street between Talmadge Street and 8th Street with curb and gutters being added to the medians to convert the depressed medians to raised medians and approve Resolution No. 2006-227.

 

RESOLUTION NO. 2006-227

 

            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 Agreement between the State of Nebraska Department of Roads and the City of Kearney with regard to Project RD-44-2 (1008) setting forth the responsibilities of the parties for the repairing and resurfacing the existing highway beginning at the south corporate limits and extending to 11th Street between Talmadge Street and 8th Street and curb and gutters will be added to the medians to convert the depressed medians to raised medians. A copy of the said Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve the Plans and Specifications for the construction of the Dryden Park Restroom/Concession Building and set the bid opening date for February 1, 2007 at 2:00 p.m.

 

7.         Approve the bids received for the purchase of an articulated frame four-wheel drive loader for the Transportation Division in the amount of $142,632.00 from Nebraska Machinery Company of Doniphan, Nebraska.

 

8.         Approve the Municipal Lease Agreement between the City of Kearney and Wells Fargo Equipment Finance, Inc. for the articulated frame four-wheel drive loader for the Transportation Division in the amount of $142,632.00 and approve Resolution No. 2006-228.

 

RESOLUTION NO. 2006-228

 

            BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska as follows:

 

1.       The Municipal Lease Agreement (the “Agreement”) is hereby approved substantially in the form presented to the City Council and on file in the office of the City Clerk.

2.       The President of the Council is hereby authorized to execute the Agreement, and to execute such other certificates and documents as may be necessary and appropriate to effectuate the transactions contemplated by the Agreement.  The Agreement and the related documents may contain such necessary and appropriate variations, omissions and insertions as the President of the Council shall determine to be necessary, and the execution thereof by the President of the Council shall be conclusive evidence of such determination and its approval by the Council.

3.       Lessee reasonably anticipates that it will not issue tax-exempt obligations (not including “private activity bonds” as defined in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of ten million dollars during the calendar year in which the Lease commences.  The lease is designed as a qualified tax-exempt obligation for purposes of Section 265(b)(c) of the Internal revenue Code of 1986, as amended, relating to deductibility of interest by financial institutions.

BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed.

PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve Application and Certificate for Payment No. 2 in the amount of $125,863.86 submitted by Dan Roeder Concrete and approved by Miller & Associates for the 2006 Part III Improvements – Bid B consisting of Paving Improvement District No. 2006-909 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 for 17th Avenue from 14th Street south to 11th Street and approve Resolution No. 2006-229.

 

RESOLUTION NO. 2006-229

 

WHEREAS, Dan Roeder Concrete, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part III Improvements – Part B consisting of Paving Improvement District No. 2006-909 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 for 17th Avenue from 14th Street south to 11th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $125,863.86 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$468,655.00

            Change Order – None

               .00

Contract Sum To Date

468,655.00

Gross Amount Due

388,984.50

Retainage

19,449.22

Amount Due to Date

369,535.28

Less Previous Certificates for Payment

  243,671.42

Current Payment Due

$125,863.86

 

            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 26TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve Change Order No. 4 showing a decrease in the amount of $7,486.26, Application and Certificate for Payment No. 6-Final in the amount of $32,543.64, and the Certificate of Substantial Completion submitted by Midlands Contracting 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. 2006-230.

 

RESOLUTION NO. 2006-230

 

WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska 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. 4 showing a decrease in the amount of $7,486.26 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. 6-Final in the amount of $32,543.64 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)

            Change Order No. 2 (8-22-2006)

            Change Order No. 3 (11-28-2006)

            Change Order No. 4 (12-26-2006)

+   7,515.00

+      463.00

+ 24,766.55

-    7,486.26

Contract Sum To Date

400,099.67

Gross Amount Due

400,099.67

Retainage

.00

Amount Due to Date

400,099.67

Less Previous Certificates for Payment

 367,556.03

Current Payment Due

$ 32,543.64

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of November 30, 2006, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            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. 4, as shown on Exhibit “A”, Application and Certificate for Payment No. 6-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve Application and Certificate for Payment No. 3 in the amount of $389,846.19 submitted by Sargent Drilling Co. and approved by Miller & Associates for the Northwest Well Field Development – Phase I (Municipal Water Wells) and approve Resolution No. 2006-231.

 

RESOLUTION NO. 2006-231

 

            WHEREAS, Sargent Drilling Co. of Broken Bow, Nebraska has performed services in connection with the Northwest Well Field Development; Phase I – Municipal Water Wells, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Application and Certificate for Payment No. 3 in the amount of $389,846.19 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$2,364,294.50

            Change Order – None

                 .00

Contract Sum to Date

2,364,294.50

Gross Amount Due

685,394.43

Retainage

68,539.44

Amount Due to Date

616,854.99

Less Previous Certificates for Payment

     227,008.80

Current Payment Due

$   389,846.19

 

            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 26TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve Application and Certificate for Payment No. 1 in the amount of $65,384.10 submitted by Midlands Contracting and approved by Miller & Associates for the 2006 Part V Improvements – Bid A consisting of Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates and approve Resolution No. 2006-232.

 

RESOLUTION NO. 2006-232

 

WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part V Improvements – Part A consisting of Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $65,384.10 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$84,100.00

            Change Order – None

             .00

Contract Sum To Date

84,100.00

Gross Amount Due

72,649.00

Retainage

7,264.90

Amount Due to Date

65,384.10

Less Previous Certificates for Payment

             .00

Current Payment Due

$65,384.10

 

            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 26TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

13.        Approve Application and Certificate for Payment No. 1 in the amount of $12,351.36 submitted by Midlands Contracting and approved by Miller & Associates for the 2006 Part IX Improvements – Bid A consisting of Water District No. 2006-546 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows and approve Resolution No. 2006-233.

 

RESOLUTION NO. 2006-233

 

WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part IX Improvements – Part A consisting of Water District No. 2006-546 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $12,351.36 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$28,502.00

            Change Order – None

             .00

Contract Sum To Date

28,502.00

Gross Amount Due

13,723.73

Retainage

1,372.37

Amount Due to Date

12,351.36

Less Previous Certificates for Payment

             .00

Current Payment Due

$12,351.36

 

            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 26TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

14.        Approve Application and Certificate for Payment No. 1 in the amount of $41,833.01 submitted by Blessing, LLC and approved by Miller & Associates for the 2006 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2006-913 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows and approve Resolution No. 2006-234.

 

RESOLUTION NO. 2006-234

 

WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2006 Part IX Improvements – Part B consisting of Paving Improvement District No. 2006-913 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $41,833.01 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$207,128.00

            Change Order – None

             .00

Contract Sum To Date

207,128.00

Gross Amount Due

46,481.12

Retainage

4,648.11

Amount Due to Date

41,833.01

Less Previous Certificates for Payment

             .00

Current Payment Due

$41,833.01

 

            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 26TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

15.        Approve the bids received for the purchase of Water Division Supplies for the Utilities Department in the amount of $42,675.90 from Municipal Supply of Hastings, Nebraska.

 

16.        Approve the Agreement for cleaning services for the Airport and Public Works with Magic Cleaning Services and the Agreement with See Clear Cleaning Services for cleaning services for City Hall, Library and Law Enforcement Center.

 

Mayor Clouse asked the City Manager to update the Council on the Dryden Park Restroom project and the 39th Street and 2nd Avenue improvements.

 

City Manager Michael Morgan stated the Dryden Park Restroom project has been discussed for some time and is the last of the restrooms at the parks to be completed to meet ADA requirements.  This is a ½ cent sales tax project and will be completed next year. 

 

Director of Public Works Rod Wiederspan stated that the 39th Street and 2nd Avenue project bid is for the intersection work and the right hand turn lanes.  Paulsen’s out of Cozad submitted the low bid for that project.  They are still in the process of working with the property owners to acquire the necessary right-of-way but are moving forward with the project. 

 

The South 2nd Avenue project is a joint City and State project. The State will overlay 2nd Avenue coming from the south side of the bridge to 11th Street with a high density overlay.   The State will take out the bad joints and patch it with good concrete and mill it off and put in a two inch high-density asphalt overlay.  It will look like an asphalt street, but it is a super mix that is supposed to withstand the heavier traffic.  They will mill out about two inches of the concrete at the intersections so it will blend in and not create a bump.  He has been assured by the State they have had great success with this mix and should stand up to the traffic.  They estimate that the life span should be 14 to 20 years.  He believed that one of the advantages of asphalt is that when it goes bad you can come back and mill it off and put another two inches on it with very little disruption to the traffic.

 

The City will add curb and gutter to the medians so they are no longer depressed and add landscaping.  They hope to be doing some additional beautification by taking out the wooden ones and replace with nice aluminum/metal poles.  They had looked at doing curb and gutter on the outside lanes, but the cost was higher then the benefit the City would receive from doing that.  The outside lanes will stay the way they are.  The landscaping will look similar to the medians on Highway 30 that have the six inch curbs and filled flush with sod and landscape sprinklers.  It will be a nice entrance to the City for travelers off the Interstate giving a good inviting appearance to our City.  The project will start first thing next summer and will take approximately 2-3 weeks to complete.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7314 – AMEND SECTION 3-1306 OF THE KEARNEY CITY CODE

 

Ordinance No. 1995 adopted on June 11, 1968 provided the selling or dispensing of alcoholic liquors, including beer, for consumption on premises shall be permitted, other than nonprofit corporations, between the hours of 6:00 p.m. and 1:00 a.m. if New Year’s Eve fell on Sunday.

 

Ordinance No. 5077 adopted on December 12, 1989 amended Ordinance No. 1995 to allow the sale of or dispensing of alcoholic liquors, including beer or wine, for consumption on premises, other than non-profit corporations, and the sale at retail of beer and wine for consumption off premises shall be permitted between the hours of 6:00 p.m. and 1:00 a.m. if New Year’s Eve fell on Sunday.  And then on January 23, 2001, Ordinance No. 6761 was adopted that amended Section 3-1306 allowing the sale of or dispensing between the hours of 12:00 p.m. until 1:00 a.m. 

 

It is noted that the language “other than nonprofit corporations” was originated in 1968 which is no longer necessary.  In order to clarify the intent of Section 3-1306, staff is proposing to delete the language “other than nonprofit corporations”.

 

Council Member Lammers introduced Ordinance No. 7314, being Subsection 1 of Agenda Item V to amend Section 3-1306 “Alcoholic Beverages; Hours of Sale; New Year’s Eve” of Article 13 “Alcoholic Beverages” of Chapter 3 “Business Regulations” of the Kearney City Code to clarify the language with regard to the selling or dispensing of alcoholic liquors, including beer and wine, for consumption on and off the premises between the hours of 12:00 p.m. (noon) and 1:00 a.m. when New Year’s Eve falls on Sunday, 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 Lear 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7314 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7314 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7314 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

KEARNEY CINEMA PROJECT, 300 3RD AVENUE

 

Mayor Clouse opened for discussion the request submitted by Steve England on behalf of Kearney Cinema for funding assistance for infrastructure improvements associated with the proposed state of the art movie cinema project to be located at 300 3rd Avenue.

 

City Manager Michael Morgan stated the Council recently defined an additional area as blighted making it eligible for tax increment financing.  This project is proposed where the current Clyde and Vi’s Campground is located.  This is a cinema project estimated to be $5.8 million. The CRA authorized and agreed to pay up to $5,000 for a traffic study for the area because it does have some traffic issues.  There is another new development being proposed in the area which has not yet been announced that will also increase traffic concerns.  Since the CRA was also concerned about the traffic, they believed it was an opportunity to discuss this at great length.  This is the first large project to come before the Council to be funded by increment financing for some time. The process consists of first going to the CRA, then usually to the Planning Commission and then before the City Council. 

 

The reason this item has been placed on this agenda is the developer is seeking approval due to the timing of this project.  There is a window of opportunity they want to hit next year.   The increased property taxes as a result of the new improvements will be the difference between the current property taxes received and the resulting taxes associated with the increase in value. The taxes would still go to the County Assessor and would be distributed back to the developer over a period of time.  The CRA determines the amount to be authorized.  In this case, they are authorizing $300,000.00 back and agreed to authorize another $150,000.00 back if the City could raise the necessary funds to do the infrastructure improvements in the area.  He estimated the infrastructure improvements in the area to be about $250,000.00 (depending on the results of the traffic study).  They anticipate the widening of the bridge stack; the drainage structure and an additional traffic signal will be required in the area.  They also have concerns with truck traffic coming out of Cash-Wa. 

 

They have discussed this project with the Development Council and they have agreed to provide $50,000.00 in funding. The Kearney Visitors Bureau agreed to provide $25,000.00 to reduce the estimated cost to the City.  The City would then commit to $75,000.00 contingent on Council approval.  This is a very good partnership and common for communities to have this kind of cooperation with all three of these entities. 

 

Tax Increment Financing (TIF) can only be used for certain things, generally site improvements. This project is anticipated to create $500,000.00-$550,000.00 in increased taxes over 15 years.  The CRA granted up to $450,000.00 depending on approval.  The $175,000.00, which is the City’s portion, will be used for the projected infrastructure improvements of 4th Street and 3rd Avenue.  It is a misnomer that the funds go directly toward the developer’s project itself; the funds go toward the infrastructure improvements that are needed at this time and are expected to be reflected in that traffic study. This is consistent with Kearney’s policy. Some communities require developers to fund infrastructure improvements.  In some cases where traffic signals are necessary, such as the one by Wal-Mart, they might be required to pay for that signal.  Kearney’s history has been to fund those infrastructure improvements as general fund items or through CRA assistance. 

 

City Manager Michael Morgan stated that the other area that might come back to Council in the future is the street that runs north and south in that area that might need to go through based on some other development pressures.  It probably makes sense to combine all these infrastructure improvements into one bond issuance and do it that way over a period of time. 

 

Council member Buschkoetter asked if this is a change in policy from the expansion of Wal-Mart or the building of Menards.  He sited the example that Menards built the access road south of their building.  City Manager answered that this developer will still have some roadway to build, but he was not aware that we have made developers pay for traffic signals or major infrastructure improvements.  Director of Public Works stated that the road to the south of Menards was built under developer construction.  It would be the same district process that we go through on all of our projects.  Menards’ road was paid for by the developer, but it was through the district and assessed back over a period of time.  The signal at Wal-Mart that goes to Office Max was paid for by the City on the State highway.  The only improvements that Wal-Mart paid for was on their main entrance where they put in the left turn lane and median, but not the signal work.

 

Steve England, 3004 Country Club Lane, stated the developers are David Pollack, Martin Bells and William Pollack. William Pollack, who is out of Memphis, became acquainted with Kearney a number of years ago.  Through a friendship with Jim Gardner, Mr. Pollack came back to Kearney to take another look.  He has become a developer of theaters in sub-market towns.  He built a theater in a city in Arkansas that has a similar demographic to Kearney which has been very successful.  Mr. England stated that as a citizen, he believed that Mr. Pollack is a developer in towns like Kearney that would love to have that state of the art theater, but the big players are not interested in our market.  So in a sense we are competing with other communities out there that would also like to have this opportunity. 

 

The proposal is that Mr. Pollack came to town looking for a location. The soundproofing, the high tech film equipment, the theater seating and the surround sound system all contribute to making it a very expensive proposition.  Mr. Pollack looks for communities that have land that qualifies for tax increment financing to get their land costs down or where they can get paid by being the anchor tenant for a larger development.  In Kearney, the opportunity seemed to be on the south end of town in the blighted area.  Kearney is a unique market because the general consensus is that those of us who like to go to the movies will go regardless of the location.  However, it would be really great to have it in what we call Kearney’s entertainment district near the arena and hotels.  There is a potential for 1400 motel rooms to be occupied by people who are (at any time) looking for entertainment.  It has been found that those guests don’t want to search too far for an evening’s entertainment.  If it is in the immediate area, they are more likely to go to it.

 

The plan is to build an eight screen theater on what is now the Clyde and Vi’s Campground site.  Mr. England stated they are asking for the Council’s assistance in funding the improvements that are necessary at 4th Street and 2nd Avenue which is already a constricted crossing.  There is some broken up concrete in the area and a lot of traffic from The Big Apple, Cash-Wa, etc. already in that area. It does not seem fair for the developer to remodel that whole thing for this one project.  With the tax increment financing and the sales taxes that this should generate, it will produce quite a bit of revenue.  The site has some development issue. There is a portion that is somewhat wasted property because there is no access to it once the theater is put in front of it.  Many years ago there was a lot of fill put in there on the west side; so much of it is not buildable.   They have probed the area and found there are some issues that have to be dealt with.  Mr. England stated that fortunately under the tax increment financing rules that is the kind of site that TIF really helps remediate.   In the report there is a long list of site improvements that qualify this area for tax increment financing.  Unlike many projects, the amount of site development costs that are eligible for TIF assistance exceed the funds that are available.  When the assessor made an estimate on the real estate (not including the equipment and the building) they are limited by the total amount of tax increments that is created (somewhere around $560,000.00 estimate) which is about half of what we would have been eligible for had it been assessed higher. 

 

Mr. England believed that it is a very good project for Kearney.  He and the developer were very pleased with the reports that they got back from the Economic Development Council and the Visitors Bureau.  One of the unique things which is not listed in the funding is that they are trying to acquire a footbridge to go between the site and connect to the Hike/Bike Trail.  Since the Hike/Bike Trails goes under 2nd Avenue, the people staying in the motel district would have the ability to walk to the theater, Big Apple, etc.  The river area around the property has not had much done to it for a long time, but as part of the landscaping plan it would be made to look as nice as possible.  With this landscaping, it would turn it into more of a park like setting than it has been for a long time. 

 

Mayor Clouse asked if they develop the area northwest of the proposed theater, would they ever come back with a request for a City street to be created in there.  Mr. England responded that there is an easement that goes in there now that goes to the neighbors to the north and land owners in there.  They have investigated to see if there was any way of gaining permanent access for the public through there and it did not seem to be financially feasible.  By the time they added any cost to do that then the land became too high priced.  The new theater attractions are located out in the middle of everything not like they used to be designed in the back of malls or other structures.  The trend seems to be people go to theaters that are free standing that offer a lot more amenities. 

 

Mayor Clouse stated that they have talked to staff about 4th Street and have a similar situation on 8th Street that sometime down the road will need to be addressed as that area develops.  They will be able to identify this area and put it in some future budgets once the City sees how this 4th Street plays out.  There is a lot of truck traffic on 8th Street by the Burger King and Taco John’s intersection.  The truck traffic is difficult on 4th Street and by using 8th Street that might help divide up that traffic.  City Manager stated that staff has discussed that once they see the results of the traffic study.  When they have a better idea of what they will be facing and know what the issues are, they will follow up and also look at that intersection.  He also said that the Development Review Team has met with the developer and are working through that emergency access issue.  This is a large site that would have a large traffic flow in and out and with the necessary improvements at the intersection be able to accommodate that concern.  They are in agreement that they have to have a secondary emergency access, but would be limited access only.  It would not be intended to be a street.  The developer has been in contact with some of the other property owners. 

 

Roger Jasnoch, Director of the Kearney Visitors Bureau stated that they are supporting this project.  In terms of competition in Nebraska, he stated “you ain’t seen nothin’ yet”.  With the new Cabela’s intersection at Omaha, developments in Grand Island, North Platte and others around the state, Kearney constantly needs to be able to raise the bar to be able to make Kearney more attractive.  This project will certainly do that from the standpoint of giving convention delegates (averaging at least one convention in town per day) something additional to do besides going to their convention.  The varieties of travelers that are just coming through for the evening are always looking for something to do.  Unfortunately, many of the attractions close down early and something like this will provide a year around entertainment venue for the people who visit Kearney.  The Chamber held a community retreat a couple of months ago.  One of the top three things that came out of that was the Kearney Interchange and how to improve it making it the center of attention. 

 

Ron Tillery, President of the Economic Development Council stated from their standpoint, they are most interested in supporting the infrastructure enhancements at 3rd Avenue and 4th Street that will benefit a variety of potential projects in this area.  They encourage the creation of Redevelopment Area #8 because of those projects and others to be developed in the future that will be coming before the Council.

 

Mayor Clouse stated that Tax Increment Financing is something the Council takes very seriously and gives a lot of throught to.  The two projects that they have given TIF to have been projects they have deemed worthwhile.  They are not freely handing out money for infrastructure when we have a lot of infrastructure needs within this community. 

 

Moved by Buschkoetter seconded by Clouse to approve the request submitted by Steve England on behalf of Kearney Cinema for funding assistance for infrastructure improvements associated with the proposed state of the art movie cinema project to be located at 300 3rd Avenue with the understanding that the Buffalo County Economic Development Council will provide $50,000 and the Kearney Visitors Bureau will provide $25,000 towards the project. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS: STAN CLOUSE - $108.14, FREMONT NATIONAL BANK - $39,994.47, NPPD - $55,158.13

 

Moved by Kearney seconded by Lammers that Open Account Claims In the amount of $108.14 payable to Stan Clouse, in the amount of $39,994.47 payable to Fremont National Bank, and in the amount of $55,158.13 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Lammers, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

PURCHASE OF HOUSE ADJACENT TO FIRE STATION 1 

 

City Manager stated the City has purchased a house that we will be putting out for bid to move it in January 2007.  If anyone is interested, they can contact the City Clerk or the Fire Department.  This will allow room for the expansion of Fire Station I.

 

UPDATE ON TREE BRANCHES FROM ICE STORM

 

City Manager stated limb disposal is ongoing.  It is a much larger process than many originally thought it was going to be.  Most citizens did a good job of getting the branches to the curb.  He asked the citizens to be patient as it will take some time to get them all collected.  There were several press releases with good information; there are collection points at the parks and the landfill charges have been waived as there are usually charges over a certain size. He reminded citizens that they do not need to call unless they see that we have missed them after collecting on street.  They will eventually get through the entire community but it will take a few weeks.

 

UNK SIGNAGE

 

City Manager stated that the new signage have been placed above the entrance signs designating the “NCAA Championships” that will be taking place later this year.  UNK did an excellent job and Assistant City Manager Amber Brown worked on that project as well as working on the banners.  This is a tremendous opportunity for the community to host the wrestling championships and women’s basketball.  

 

CITY MANAGER’S WEEKLY MEMO

 

Council member Bob Lammers commented on the usefulness of the City Manager’s Weekly Memo that summarizes the different projects in the community.

 

VIII.    ADJOURN

 

Moved by Lammers seconded by Lear that Council adjourn at 7:41 p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK