Kearney, Nebraska
June 26, 2007
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 June
27, 2007, in the Council Chambers at City Hall. Present were: Randy
Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk;
Council Members Don Kearney, Bruce Lear, and Bob Lammers. Absent: Stanley A.
Clouse, President of the Council. 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: Bob Charlesworth, Johnnie Miller,
Sherry Ernst, Lynn Rex, Dave Chally, Tim Hughbanks, Ken Cox, Stephen Gable,
Dick Stacy, Charles Wohlgemuth, Kristi Grint, Jim Tacha, Ken Tracy, Jerry
Thompson.
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
Father Matt Koperski from St.
James Catholic Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Two Boy Scouts from Troop 158 led
the Council members and audience in the Pledge of Allegiance.
ANNOUNCEMENT
Vice-President Buschkoetter
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
Vice-President Buschkoetter
stated that Charles Wohlgemuth has asked to address the City Council pertaining
to the fees at the Landfill. City staff contacted Mr. Wohlgemuth prior to the
meeting to discuss this matter and Mr. Wohlgemuth wanted to discuss the
Council.
Mr. Charles Wohlgemuth, 1402 West
37th Street stated he hauled a load of branches on Saturday and another on the
following Tuesday that he trimmed from trees around his church to the Kearney
landfill. On Tuesday, he was requested to get a number at the landfill and his
load weighed in at 80 pounds. He was charged $4.00 for those 80 pounds which
figures out to be $80.00 a ton. He was not complaining about the $4.00 to go
to the landfill, but believed the charge is excessive. He stated that 70
percent of the branches in a year, minus the ice storm, come from small
vehicles. He thought that the City should look at a $1.00 minimum and 5 cents
a pound. That is $10.00 a ton. There are a not a lot of people who do tree
hauling in town and they will not come around and pick up small branches.
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 18 of Consent Agenda Item IV be approved. Roll call
resulted as follows: Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse
absent. Motion carried.
1. Approve Minutes of
Regular Meeting held June 12, 2007.
2. Approve the following
Claims: 3M $3,132.00 smcs; A Click Away Remotes $655.00 smcs; AT&T $167.17
smcs; Ace Hardware $111.65 smcs,co; Ace Irrigation $72.00 smcs; Adamson
Industries $1,509.75 smcs,co; Advance Auto Parts $33.53 smcs; Alamar Uniforms
$1,311.04 smcs,ps; Alltel $2,315.83 smcs; Almquist,R $24.00 smcs; Amax
Contracting $110.72 co; Amazon $1,350.64 smcs; Amer Cemetery $69.00 smcs; Amer
Electric $172.49 smcs,co; Amer Musical Supply $699.99 smcs; Amoco Oil $37.33
smcs; Amsan $1,648.92 smcs; Anderson Ford $39,980.00 co; Anderson,B $5.53 smcs;
Appliance Service Center $31.95 smcs; Arnold,J $25.00 smcs; Ashworth $1,365.63
smcs; Aurora Cooperative $96.00 smcs; B&B Auto Glass $149.00 smcs; Baker
& Taylor Books $3,018.09 smcs; Bamford $200.00 smcs; Bash,S $16.00 smcs;
BBC Audiobooks $374.76 smcs; Berens-Tate Consulting $2,000.00 smcs; Bluecross
Blueshield $75,103.17 smcs; Bob's Super Store $16.00 smcs; Boden,T $19.36 smcs;
Bohlmann $29.80 smcs; Bosselman $20,792.20 smcs; Brite-way $423.51 smcs;
Broadfoot's $2,330.00 smcs; Brown,A $43.65 smcs; Brown,L $14.34 smcs; BSI
Controls $191.99 smcs; Buffalo Air Service $981.30 smcs; Buffalo Co Court
$52.92 ps; Buffalo Co Register Deeds $267.50 smcs,co; Buffalo Co Sheriff
$168.00 smcs; Buffalo Co Treasurer $15.00 co; Builders Warehouse $1,695.34
smcs,co; Buzz's Marine $746.44 smcs; Cabela's $124.92 smcs; Carlos O'Kelly
$180.00 smcs; CarQuest $29.62 smcs; Cash-Wa Distributing $5,926.91 smcs; CDW
Govt $148.92 co; Centaur Enterprises $43.41 smcs; Central Hydraulic Systems $269.77
smcs; Central NE Bobcat $325.52 smcs; Central States Wire $2,160.64 smcs;
Cerny,M $42.00 smcs; Charter $54.99 smcs; Chesterman $299.00 smcs; Chevron
$102.14 smcs; City 4 Mart $35.25 smcs; City Glass $308.06 smcs; City of Ky
$93,937.87 smcs,ps; College Savings Plan of NE $75.00 ps; Computer Hardware
$169.00 smcs; Computer Warehouse #4 $109.94 co; Concrete Workers $547.50 co;
Construction Rental $432.18 smcs,co; Copycat Printing $1,008.12 smcs; Creative
Teacher $2.41 smcs; Crossroads Ford $294.38 smcs; Culligan $10.50 smcs; Cummins
Central Power $1,761.88 smcs; D and S Lighting $143.17 smcs; D&D Industries
$1,324.75 smcs; Dawson Co PPD $16,522.92 smcs; Dell $4,376.19 smcs,co; Delta
Systems $1,895.00 smcs; Denton,G $20.14 smcs; Depository Trust $196,501.25 ds;
Deterding's $15.99 smcs; Diamond Vogel $206.54 smcs; Don Quinn Plumbing $475.71
smcs; DPC Industries $4,476.40 smcs; DRGT Limited Partnership $10,664.00 co;
Dutton-Lainson $111.15 smcs; Eakes $774.67 smcs,co; Earl May $279.67 smcs;
Ecolab $30.00 smcs; EFI Wright Sales $199.55 smcs; Eickhoff,B $12.00 ps;
Electronicsoutfitter $54.82 smcs; Electrotechnic $155.24 smcs; ERC Wiping
Products $99.95 smcs; Eustis Body Shop $328.25 smcs; Facts on File $134.82
smcs; Fairbanks Int'l $2,365.17 smcs; Fast Mart $246.09 smcs; Fastenal
$1,553.90 smcs; Fedex $51.12 smcs; Fiddelke $346.00 smcs; Fluid Tech $392.31
smcs; Galls $657.89 smcs; Garrett Tires $1,710.41 smcs; Gealy's Greenhouse
$234.61 smcs,co; Gillming,R $114.40 smcs; Gooch Brake $1,122.20 smcs; Goodwill
Industries $23.70 smcs; Goodwin,J $9.28 smcs; Gordon's Small Engine $345.68
smcs; Graham Tire $63.96 smcs; Grainger $1,931.73 smcs; Grand Central IGA
$143.47 smcs; Granite City $42.92 smcs; Great Plains One Call $503.46 smcs;
Guideposts $33.88 smcs; Guildcraft $77.15 smcs; H&H Distributing $1,000.50
smcs; Hach $1,242.96 smcs; Harley-Davidson $477.07 smcs; Hausmann Construction
$124,701.30 co; HD Supply $885.19 smcs; Heeney,M $5,864.00 co; Highsmith
$984.43 smcs,co; HMC Investments $10,256.00 co; Holiday Inn $712.40 smcs;
Holiday Stationstore $235.56 smcs; Holmes Plumbing $825.42 smcs; Hopkins,G
$16.14 smcs; ICMA RC $2,778.74 ps; IEDC Online $695.00 smcs; Inland Truck Parts
$348.13 smcs; IRS $102,491.94 ps; Iowa State U $101.05 smcs; Jack Lederman
$579.78 smcs; Jacobitz,N $21.22 smcs; Jacobsen, Orr, Nelson $1,656.25 smcs;
Johnson Service $226.25 smcs; JR's Western $125.00 smcs; K&K Parts $339.77
smcs; Ky Clinic $718.00 ps; Ky Concrete $1,365.39 smcs,co; Ky Crete & Block
$815.33 smcs,co; Ky Hub $1,835.60 smcs; Ky Humane Society $2,400.00 smcs; Ky
Implement $1,861.83 smcs; Ky Towing $217.50 smcs; Ky Warehouse $1,688.94 smcs;
Ky Winlectric $215.37 smcs; Ky Winnelson $48.83 smcs; Ky Yamaha $128.38 smcs;
Keene Memorial Library $7.50 smcs; Killion Motors $15.66 smcs; Kipp Brothers
$131.05 smcs; Kirkham Michael $3,278.60 smcs,co; Kohls $61.47 smcs; Kroeger
$59.95 smcs; Kuebler,L $24.59 smcs; Landstrom,C $200.00 smcs; Laughlin,K
$180.00 ps; Leonard,R $114.40 smcs; Library Hotline $119.99 smcs; Lincoln Truck
Center $20.82 smcs; Linda's Upholstery $82.53 smcs; Linweld $181.71 smcs;
Lockmobile $57.10 smcs; Magic Cleaning $660.00 smcs; Mail Express $101.97 smcs;
Marlatt Machine Shop $1,434.26 smcs; Marriott Cornhusker Hotel $99.00 smcs;
Marshall,I $1.99 smcs; Maxi-Sweep $74.53 smcs; McGraw-Hill Co $2,794.32 smcs;
McMurray Hatchery $77.76 smcs; Menards $2,732.06 smcs,co; Micro Marketing $22.10
smcs; Mid America Sales $256.40 smcs; Mid States Supply $220.42 smcs; Mid-Amer
Courtworks $5,200.00 smcs,co; Midland Telecom $22.46 smcs; Midway Chrysler
$47.50 smcs; Midwest Labs $1,270.80 smcs; Midwest Striping $12,220.00 smcs;
Midwest Turf $766.91 smcs,co; Milco Environmental $1,704.68 smcs; Miller &
Associates $54,495.79 co; Miller Signs $569.40 smcs; Misko Sports $21.38 smcs;
Moonlight Embroidery $1,642.25 smcs; Mr Automotive $2,777.03 smcs; MSC Kearney
$38.51 smcs; MSI Systems Integrators $9,674.63 smcs; Municipal Emergency
$10,927.04 smcs; Municipal Supply $1,750.17 smcs; N. Central Labs $943.92 smcs;
Napa All Makes Auto $886.00 smcs; Nat'l Hole in One $261.00 smcs; Nature Watch
$268.13 smcs; NCS Equipment $151.41 smcs; NE Child Support $2,477.35 ps; NE
Dept of Aeronautics $995.00 ds; NE Dept of Environmental $230,163.70 smcs,ds;
NE Dept of Revenue $38,238.78 smcs; NE Golf Association $816.00 smcs; NE Safety
& Fire Equipment $245.00 smcs; NE Truck Center $704.60 smcs; NEland
Distributors $800.00 smcs; Neopost $8,000.00 smcs; Net Television $255.94 smcs;
Netknacks Tennis Award $228.50 smcs; Network Solutions $59.98 smcs; Newegg
$116.27 smcs; Northern Safety $817.70 smcs; Northwest Electric $596.07 smcs;
Northwestern Energy $783.30 smcs; Novus $63.00 smcs; NWEA $165.00 smcs; Office
Depot $106.81 smcs; Office Max $1,618.29 smcs,co; Ohri,R $55.76 smcs; OMB
Police Supply $78.48 co; O'Reilly Auto $848.42 smcs; Orscheln $500.95 smcs;
Overhead Door $707.81 smcs; Owl Systems $149.95 smcs; PF Pettibone $747.65
smcs; Paramount Linen $507.80 smcs; Party America $18.31 smcs; Patterson,B
$89.90 smcs; Peoplecube $2,025.00 smcs; Pepsi $3,456.95 smcs; Pet Kingdom
$23.64 smcs; Pet Pick-ups $390.93 smcs; PGA Member Info Services $456.00 smcs;
Ping $120.53 smcs; Pioneer Revere $463.00 smcs; Platte Valley Comm $2,336.66
smcs,co; Postmaster $204.00 smcs; Precision Industries $238.94 smcs; Precision
Small Engine $248.82 smcs; Presto-X $207.00 smcs; Protex Central $83.22 smcs;
Puckett,S $150.00 smcs; QPR $1,270.92 smcs; Quill $52.40 smcs; Radio Shack
$21.36 smcs; Rainbow Group $2,012.00 smcs; Random House $561.60 smcs; RCL
Products $229.29 smcs; Ready Mixed Concrete $2,470.65 smcs,co; Reams Sprinkler
Supply $2,325.04 smcs; Recognition Unlimited $625.36 ps; Recorded Books $1,067.92
smcs; Recreaonics $42.00 smcs; Respond First Aid $93.00 smcs; Rhino Linings
$429.00 smcs; Rhode Island Novelty $186.30 smcs; Rotonics $5,129.00 smcs;
S&S Worldwide $560.14 smcs; Sahling Kenworth $546.50 smcs; Salter,J $48.07
smcs; Sara Lee Bakery $122.97 smcs; Sawyer,S $20.00 smcs; Schwanebeck,N $21.83
smcs; See Clear Cleaning $2,800.00 smcs; Setcom Corp $2,395.22 smcs; Shell Oil
$67.60 smcs; Sherwin Williams $565.80 smcs; Sign Center $480.00 smcs;
Signwarehousecom $56.08 smcs; Sirennetcom $116.00 smcs; Smith & Tweed
$859.42 smcs; Snap-On Tools $346.00 smcs; Softchoice $3,204.35 smcs,co;
Spaulding,J $12.42 smcs; SSG*BSN/Passon $1,041.08 smcs; Steinbrinks Landscaping
$1,408.50 smcs; Strategic Insights $600.00 smcs; String Beans $483.00 smcs;
Sungaard $6,774.76 smcs; Sunmart $98.31 smcs; Super Shine Auto $56.50 smcs;
SWANA $169.00 smcs; Target $280.51 smcs; Technical Maintenance $31,500.30 co;
Thompson,L $30.00 smcs; Thomson Gale $226.84 smcs; Tielke Enterprise $264.29
smcs; Tigerdirect $148.92 smcs,co; Time to Remember $33.18 smcs; Tractor Supply
$3,601.20 smcs,co; Travis,R $800.00 smcs; Tri City Outdoor Power $286.77 smcs;
Trotter Fertilizer $74.55 smcs; Turner Body Shop $275.00 smcs; US Postmaster
$668.00 smcs; US Toy $77.57 smcs; UAP $298.22 smcs; Ultronics $129.00 smcs;
Unique Management $1,420.28 smcs; Unisys $180.26 smcs; US Tennis Assn $25.00
smcs; UNK-Performance Lab $48.00 smcs; UPS $87.38 smcs; USPS $75.72 smcs;
Vessco $493.12 smcs; Vonschrader,S $13.40 smcs; Waldenbooks $245.00 smcs,co;
Walgreen $22.44 smcs; Wal-mart $2,446.34 smcs,co; Walsh,C $67.05 smcs; Warren-T
Drain Cleaners $259.00 smcs; Warrington,D $34.52 smcs; Wellman,P $21.40 smcs;
West Payment Center $1,104.81 smcs; Westin Hotels $355.40 smcs; Wilke-Donovans
$264.53 smcs; Wilkins Hinrichs Stober $3,845.22 co; Williams,M $58.97 smcs;
Wittek Golf Supply $82.64 smcs; Woolsy,E $53.12 smcs; WPCI $663.50 ps; Wrecker
Boyz Towing $400.00 smcs; Yandas Music $67.56 smcs; Zimmerman Printers $298.00
smcs; Payroll Ending 6-9-2007 -- $313,426.84. 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 July 10, 2007 at 7:00 p.m. as
date and time for hearing on those applications where applicable.
4. Amend Resolution No.
2007-56 to correct the legal description on the final plat of “NEW COTTAGE
ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property
described as Lots 1, 2, 3, 72, 73, 74, 75, 76, 77, 146, 147, 148, Cottage
Addition to the City of Kearney, a portion of 16th Street (now vacated), a
portion of Avenue N (now vacated), and a portion of Avenue O (now vacated), all
located in Buffalo County, Nebraska (north of 16th Street between Avenue M and
Avenue O).
RESOLUTION
NO. 2007-56A
WHEREAS, on April 10,
2007 the City Council passed and approved Resolution No. 2007-56 approving the
final plat for “New Cottage Addition”, an addition to the City of Kearney,
Buffalo County, Nebraska; and
WHEREAS, when the
applicant attempted to file the final plat with the Buffalo County Register of
Deeds, it was noted that the legal description was incomplete and required to
be corrected.
NOW THEREFORE, BE IT
RESOLVED BY THE VICE-PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the legal description for the plat of “NEW COTTAGE ADDITION” an addition
to the City of Kearney, Buffalo County, Nebraska be amended to read as
follows: A tract of land being Lots 1, 2, 3, 72, 73, 74, 75, 76, 77, 146, 147,
148, Cottage Addition to the City of Kearney, Buffalo County, Nebraska (now
vacated), a portion of 16th Street (now vacated), a portion of Avenue N (now
vacated), and a portion of Avenue O (now vacated), and all more particularly
described as follows: beginning at the northwest corner of said Lot 1; thence
southerly on the west line of said lot (if extended) a distance of 121.0 feet
to a point on the south line of the north 7.0 feet of 16th Street; thence
easterly on the aforesaid south line a distance of 590.8 feet to a point on the
centerline of Avenue O; thence northerly on the aforesaid centerline a distance
of 136.2 feet to the north line of Cottage Addition; thence westerly on the
aforesaid north line a distance of 591.44 feet to the place of beginning, and
located in the Northwest Quarter of the Southwest Quarter of Section 6,
Township 8 North, Range 15 West of the 6th P.M., all located in Buffalo County,
Nebraska, and in accordance with the provisions and requirements of Section
19-916 of the Nebraska Revised Statutes, accepted and ordered filed and
recorded in the Office of the Register of Deeds of Buffalo County, Nebraska;
said addition is hereby included within the corporate limits of said City and
shall be and become a part of said City for all purposes whatsoever, and the
inhabits of such addition shall be entitled to all the rights and privileges
and shall be subject to all laws, ordinances, rules and regulations of said
City.
BE IT FURTHER
RESOLVED that the Vice-President of the Council be and is hereby authorized and
directed to execute the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE E. TREMBLY VICE-PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
5. Approve the Employment
Agreement between the City of Kearney and Michael W. Morgan and approve Resolution
No. 2007-109.
RESOLUTION NO.
2007-109
WHEREAS, the City
Council of the City of Kearney, Nebraska, do hereby fix, prescribe and limit
salary and wages to be paid by this City to the City Manager, pursuant to the
authority granted in Section 1-301 of the Code of the City of Kearney,
Nebraska, and Section 19-620 of the Nebraska Revised Statutes.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
that the City Manager be paid an annual salary of One Hundred Twenty-eight
Thousand One Hundred Fifty-five Dollars ($128,155.00) effective July 1, 2007;
said salary to be paid bi-weekly from any City funds in such proportionate
amounts as the City Manager may determine.
BE IT FURTHER
RESOLVED that the Vice-President of the Council be and is hereby authorized and
directed to execute the Employment Agreement.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE
E. TREMBLY VICE-PRESIDENT OF THE
COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
6. Approve Change Order
No. 2 showing an increase in the amount of $9,133.00, and Application and
Certificate for Payment No. 4 in the amount of $19,720.80 submitted by
Blessing, LLC and approved by Miller & Associates in connection with the
2006 Part V Improvements – Bid B consisting of Paving Improvement District No.
2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce
Hollow Estates and approve Resolution No. 2007-110.
RESOLUTION
NO. 2007-110
WHEREAS,
Blessing, LLC of Kearney, Nebraska has performed services in connection with
the 2006 Part V Improvements – Bid B consisting of Paving Improvement District
No. 2006-911 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 Change Order No. 2 showing an increase in the amount
of $9,133.00 as shown on Exhibit “A” attached hereto and made a part hereof by
reference; and
WHEREAS, the
Engineer and Contractor have filed with the City Clerk Application and
Certificate for Payment No. 4 in the amount of $19,720.80 as shown on Exhibit
“B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$290,138.00
|
|
Change Order No. 1
(3-27-2007)
|
+ 10,884.84
|
|
Change Order No. 2
(6-26-2007)
|
+ 9,133.00
|
|
Contract Sum To Date
|
310,155.84
|
|
Gross Amount Due
|
153,503.84
|
|
Retainage
|
15,350.38
|
|
Amount Due to Date
|
138,153.46
|
|
Less Previous Certificates for
Payment
|
118,432.66
|
|
Current Payment Due
|
$ 19,720.80
|
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
and hereby find and determine that Change Order No. 2, as shown on Exhibit “A”,
and Application and Certificate for Payment No. 4, as shown on Exhibit “B”, be
and are hereby accepted and approved.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE E. TREMBLY VICE-PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
7. Approve Application
and Certificate for Payment No. 4 in the amount of $69,625.25 submitted by
Blessing, LLC and approved by Miller & Associates in connection with 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. 2007-111.
RESOLUTION
NO. 2007-111
WHEREAS,
Blessing, LLC of Kearney, Nebraska has performed services in connection with
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 the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 4 in the amount of $69,625.25 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
|
210,167.00
|
|
Retainage
|
10,508.35
|
|
Amount Due to Date
|
199,658.65
|
|
Less Previous Certificates for
Payment
|
130,033.40
|
|
Current Payment Due
|
$69,625.25
|
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
and hereby find and determine that Application and Certificate for Payment No.
4, as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE E. TREMBLY VICE-PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
8. Approve Application
and Certificate for Payment No. 9 in the amount of $187,800.48 submitted by
Sargent Drilling of Broken Bow, Nebraska and approved by Miller &
Associates for the Northwest Well Field Phase I (Municipal Water Wells) and
approve Resolution No. 2007-112.
RESOLUTION NO.
2007-112
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. 9 in the amount of $187,800.48 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 No. 1
(4-10-2007)
|
+ 142,586.66
|
|
Contract Sum to Date
|
2,506,881.66
|
|
Gross Amount Due
|
1,408,751.66
|
|
Retainage
|
140,875.17
|
|
Amount Due to Date
|
1,267,876.49
|
|
Less Previous Certificates for
Payment
|
1,080,076.01
|
|
Current Payment Due
|
$ 187,800.48
|
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
and hereby find and determine that Application and Certificate for Payment No.
9, as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE
E. TREMBLY VICE-PRESIDENT OF THE
COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
9. Approve Change Order
No. 1 showing an increase in the amount of $61,459.75, Application and
Certificate for Payment No. 3 in the amount of $77,002.18 submitted by Blessing
LLC and approved by Miller & Associates for the 2007 Part II Improvements –
39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District
No. 2006-908) and approve Resolution No. 2007-113.
RESOLUTION NO.
2007-113
WHEREAS, Blessing LLC
of Kearney, Nebraska has performed services in connection with the 2007 Part II
Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving
Improvement District No. 2006-908), and the City's engineer, Miller &
Associates, have filed with the City Clerk Change Order No. 1 showing an
increase in the amount of $61,459.75 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. 3 in the amount of $77,002.18 as shown on Exhibit “B” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,977,660.96
|
|
Change Order No. 1
(6-26-2007)
|
+ 61,459.75
|
|
Contract Sum to Date
|
2,039,120.71
|
|
Gross Amount Due
|
344,797.72
|
|
Retainage
|
34,479.77
|
|
Amount Due to Date
|
310,317.95
|
|
Less Previous Certificates for
Payment
|
233,315.77
|
|
Current Payment Due
|
$ 77,002.18
|
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”,
and Application and Certificate for Payment No. 3, as shown on Exhibit “B”, be
and are hereby accepted and approved.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE E. TREMBLY VICE-PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
10. Approve Change Order
No. 1 showing an increase in the amount of $73,927.80, Application and
Certificate for Payment No. 3 in the amount of $61,674.61 submitted by Paulsen,
Inc. and approved by Miller & Associates for the 2007 Part I Improvements –
39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements
which consists 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 approve Resolution No. 2007-114.
RESOLUTION NO.
2007-113
WHEREAS, Blessing LLC
of Kearney, Nebraska has performed services in connection with the 2007 Part II
Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving
Improvement District No. 2006-908), and the City's engineer, Miller &
Associates, have filed with the City Clerk Change Order No. 1 showing an
increase in the amount of $61,459.75 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. 3 in the amount of $77,002.18 as shown on Exhibit “B” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,977,660.96
|
|
Change Order No. 1
(6-26-2007)
|
+ 61,459.75
|
|
Contract Sum to Date
|
2,039,120.71
|
|
Gross Amount Due
|
344,797.72
|
|
Retainage
|
34,479.77
|
|
Amount Due to Date
|
310,317.95
|
|
Less Previous Certificates for
Payment
|
233,315.77
|
|
Current Payment Due
|
$ 77,002.18
|
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”,
and Application and Certificate for Payment No. 3, as shown on Exhibit “B”, be
and are hereby accepted and approved.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE E. TREMBLY VICE-PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
11. Approve Change Order
No. 1 showing a decrease in the amount of $83.00, Application and Certificate
for Payment No. 2-Final in the amount of $2,200.00, Certificate of Substantial
Completion submitted by Midlands Contracting and approved by Miller &
Associates in connection with the 2006 Part VIII Sewer Main Replacement and
approve Resolution No. 2007-115.
RESOLUTION
NO. 2007-115
WHEREAS,
Midlands Contracting, Inc. of Kearney, Nebraska has performed services in
connection with the 2006 Part VIII Sewer Main Replacement and the City's
engineer, Miller & Associates, have filed with the City Clerk Change Order
No. 1 showing a decrease in the amount of $83.00 as shown on Exhibit “A”
attached hereto and made a part hereof by reference; and
WHEREAS, the
Engineer and Contractor have filed with the City Clerk Application and
Certificate for Payment No. 2-Final in the amount of $2,200.00 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
123,145.00
|
|
Change Order
(6-26-2007)
|
- 83.00
|
|
Contract Sum To Date
|
123,062.00
|
|
Gross Amount Due
|
123,062.00
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
123,062.00
|
|
Less Previous Certificates for
Payment
|
120,862.00
|
|
Current Payment Due
|
$ 2,200.00
|
WHEREAS, the Engineer
and Contractor have now certified to the City Clerk that work is completed as
of May 31, 2007, as shown by Exhibit “C” attached hereto and made a part hereof
by reference.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”,
Application and Certificate for Payment No. 2-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 JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE E. TREMBLY VICE-PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
12. Approve the Plans and
Specifications for the construction of the Kearney Tipping Station located at
Kearney Area Solid Waste Agency Landfill and set the bid opening date for July
17, 2007 at 2:00 p.m.
13. Approve the request submitted
by Carmen Pearse on behalf of the Kearney Catholic Activities Association to
conduct a 5K Run/Walk and a kids 1-mile run on August 18, 2007 beginning at
8:00 a.m. beginning at the Great Platte River Archway and going west on 1st
Street.
14. Approve the Interlocal
Agreement for Cooperative Public Safety Service by and among the Counties of
Adams, Buffalo, Clay, Dawson, Franklin, Frontier, Gosper, Hall, Hamilton,
Harlan, Kearney, Lincoln, Nuckolls, Phelps and Webster and the Cities and
Villages within said Counties to form, operate and maintain a Planning,
Exercise and Training Program and approve Resolution No. 2007-116.
RESOLUTION NO.
2007-116
BE IT RESOLVED by the
Vice-President and Council of the City of Kearney, Nebraska, that the
Interlocal Agreement for Cooperative Public Safety Service by and among the
Counties of Adams, Buffalo, Clay, Dawson, Franklin, Frontier, Gosper, Hall,
Hamilton, Harlan, Kearney, Lincoln, Nuckolls, Phelps and Webster and the Cities
and Villages within said Counties to form, operate and maintain a Planning,
Exercise and Training Program be and is hereby accepted and that the City
Manager be and is hereby authorized and directed to execute the said Agreement
on behalf of the City of Kearney. The original Interlocal Agreement for
Cooperative Public Safety Service by and among the Counties of Adams, Buffalo,
Clay, Dawson, Franklin, Frontier, Gosper, Hall, Hamilton, Harlan, Kearney,
Lincoln, Nuckolls, Phelps and Webster and the Cities and Villages within said
Counties, marked as Exhibit “A” is attached hereto and made a part hereof.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE
E. TREMBLY VICE-PRESIDENT OF THE
COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
15. Approve the Agreement
for Acquisition of Property and Right-of-Way for Road Construction Purposes
granted to the City of Kearney by Holiday Oil Company in connection with the
2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road
(Paving Improvement District No. 2006-908) and approve Resolution No. 2007-117.
RESOLUTION NO.
2007-117
BE IT RESOLVED by the
Vice-President and Council of the City of Kearney, Nebraska, that the Agreement
for the Acquisition of Property and Right-of-Way for Road Construction Purposes
be and is hereby accepted and that the City Manager be and is hereby authorized
and directed to execute the said Agreement on behalf of the City of Kearney.
The original Agreement for the Acquisition of Property and Right-of-Way for
Road Construction Purposes, marked as Exhibit “A” is attached hereto and made a
part hereof.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE
E. TREMBLY VICE-PRESIDENT OF THE
COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
16. Approve the bids received
for the construction of the 2007 Part III Improvements consisting Paving
Improvement District No. 2007-914, Water District No. 2007-547 and Sewer
District No. 2007-489 for 16th Street from Avenue M east a distance of 747±
feet; 5th Avenue Water Main Replacement; Avenue C Railroad Crossing and approve
Resolution No. 2007-118 awarding the bid to Midlands Contracting in the amount
of $437,741.30 for Bid A (Water and Sewer) and to Dan Roeder Concrete in the
amount of $142,511.50 for Bid B (Paving).
RESOLUTION
NO. 2007-118
WHEREAS, Miller &
Associates and the City of Kearney have reviewed the sealed bids which were
opened on June 19, 2007, at 2:00 a.m. for the 2007 Part III Improvements
consisting Paving Improvement District No. 2007-914, Water District No.
2007-547 and Sewer District No. 2007-489 for 16th Street from Avenue M east a
distance of 747± feet; 5th Avenue Water Main Replacement; Avenue C Railroad
Crossing; and
WHEREAS, the
Engineer’s Opinion of Probable Construction Cost was $474,946.00 for Bid A
(Water) and $166,489.00 for Bid B (Paving); and
WHEREAS, the
said engineers have recommended the bid offered by Midlands Contracting of
Kearney, Nebraska in the sum of $437,741.30 for Bid A (Water), and Dan Roeder
Concrete Inc. of Kearney, Nebraska in the sum of $142,511.50 for Bid B (Paving)
be accepted as the lowest responsible bids.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and City Council of the City of Kearney,
Nebraska that the Engineers recommendation is hereby accepted and approved,
that Midlands Contracting of Kearney, Nebraska be and is the lowest responsible
bidder for the 2007 Part III Improvements consisting Water District No.
2007-547 and Sewer District No. 2007-489 for 16th Street from Avenue M east a
distance of 747± feet; 5th Avenue Water Main Replacement; Avenue C Railroad
Crossing to be constructed in accordance with the plans and specifications on
file with the City Clerk and that the bid of Midlands Contracting of Kearney,
Nebraska in the sum of $437,741.30 be and is hereby accepted for Bid A (Water).
BE IT FURTHER
RESOLVED by the Vice-President and City Council of the City of Kearney,
Nebraska that the Engineers recommendation is hereby accepted and approved,
that Dan Roeder Concrete Inc. of Kearney, Nebraska be and is the lowest
responsible bidder for the 2007 Part III Improvements consisting Paving
Improvement District No. 2007-914 for 16th Street from Avenue M east a distance
of 747± feet to be constructed in accordance with the plans and specifications
on file with the City Clerk and that the bid of Dan Roeder Concrete Inc. of
Kearney, Nebraska in the sum of $142,511.50 be and is hereby accepted for Bid B
(Paving).
BE IT FURTHER
RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2007 Part III
Improvements for Bid A (Water) in the amount of $474,946.00 and for Bid B
(Paving) in the amount of $166,489.00 be and is hereby accepted.
BE IT FURTHER
RESOLVED that the Vice-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 JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE E. TREMBLY VICE-PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
17. Approve the
recommendation from the Utilities Department on the purchase of an automatic
tarping machine to be used by the Kearney Area Solid Waste Agency Landfill from
Tarpomatic, Inc. in the amount of $91,337.00.
18. Approve the Pipeline
Crossing Agreement between the City of Kearney and Union Pacific Railroad
Company for the placement of a water main under the railroad tracks at Avenue C
and approve Resolution No. 2007-119.
RESOLUTION NO. 2007-119
WHEREAS, Union
Pacific Railroad Company has tendered to the City of Kearney, Nebraska an
agreement covering a pipeline crossing at Kearney, Buffalo County, Nebraska;
and
WHEREAS, it is
determined to be in the best interests of the City of Kearney that the City
will be subserved by the acceptance of said Agreement.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
that the President be and is hereby authorized and directed to execute the
Pipeline Crossing Agreement on behalf of the City. A copy of the said
Agreement is marked as Exhibit “A” and is attached hereto and made a part
hereof.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE
E. TREMBLY VICE-PRESIDENT OF THE
COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
CASEY’S GENERAL STORE 2717 –
ADDITION TO PREMISE AT 705 2ND AVENUE
Moved by Lammers seconded by Lear
to remove from the table the application submitted by Casey’s General Store
2717. Roll call resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney.
Nay: None. Clouse absent. Motion carried.
Vice-President Buschkoetter
opened for discussion the Application for Addition/Reconstruction to Premise
submitted by CASEY’S RETAIL COMPANY, dba “Casey’s General Store 2717” in
connection with their Class B-71401 liquor license to renovate the building
located at 705 2nd Avenue to include a kitchen area.
Jim Tacha presented this matter
to the Council. He stated that they are basically remodeling the inside to
include a kitchen area.
Moved by Lear seconded by Buschkoetter
to approve the Application for Addition/Reconstruction to Premise submitted by
CASEY’S RETAIL COMPANY, dba “Casey’s General Store 2717” in connection with
their Class B-71401 liquor license to renovate the building located at 705 2nd
Avenue to include a kitchen area. Roll call resulted as follows: Aye:
Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.
AWARD BID FOR 56TH STREET AND
AVENUE N INTERSECTION IMPROVEMENT
Vice-President Buschkoetter
opened for discussion the bid received for the 56th Street and Avenue N
Intersection Improvement Project and to consider approval of Resolution No.
2007-120 awarding the bid to Kayton Electric, Inc. of Holdrege, Nebraska in the
amount of $110,562.00.
Director of Public Works Rod
Wiederspan presented this matter to the Council. At the May 22, 2007 Council
meeting, the City Council approved the plans and specifications for the
installation of a traffic signal at 56th Street and Avenue N. Sealed bids for
this project were received on Thursday, June 14, 2007 at 2:00 p.m. The City
received one bid from Kayton Electric in the amount of $110,562.00. The
Engineer’s Opinion of Probable Construction Cost was $137,753.00. The low bid
from Kayton Electric, Inc. is 24.6% below the Engineer’s Opinion of Probable
Construction Cost. The contractor’s completion date is August 1, 2007.
Moved by Buschkoetter seconded by
Kearney to approve the bid received for the 56th Street and Avenue N
Intersection Improvement Project and approve Resolution No. 2007-120 awarding
the bid to Kayton Electric, Inc. of Holdrege, Nebraska in the amount of
$110,562.00. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear,
Lammers. Nay: None. Clouse absent. Motion carried.
RESOLUTION
NO. 2007-120
WHEREAS, Iteris and
the City of Kearney have reviewed the sealed bid which was opened on June 14,
2007, at 2:00 p.m. for the 56th Street and Avenue N Intersection Improvement
Project; and
WHEREAS, the
Engineer’s Opinion of Probable Construction Cost was $137,753.00; and
WHEREAS, the
said engineers have recommended the bid offered by Kayton Electric, Inc. of
Holdrege, Nebraska in the sum of $110,562.00 be accepted as the lowest
responsible bid.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and City Council of the City of Kearney,
Nebraska that the Engineers recommendation is hereby accepted and approved,
that Kayton Electric, Inc. of Holdrege, Nebraska be and is the lowest
responsible bidder for the 56th Street and Avenue N Intersection Improvement
Project, to be constructed in accordance with the plans and specifications on
file with the City Clerk and that the bid of Kayton Electric, Inc. of Holdrege,
Nebraska in the sum of $110,562.00 be and is hereby accepted.
BE IT FURTHER
RESOLVED the Engineer’s Opinion of Probable Construction Cost for 56th Street
and Avenue N Intersection Improvement Project in the amount of $137,753.00 be
and is hereby accepted.
BE IT FURTHER
RESOLVED that the Vice-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 JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE E. TREMBLY VICE-PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
AWARD BID FOR FIRE STATION 1
IMPROVEMENTS
Vice-President Buschkoetter opened
for discussion the bids received for the Kearney Volunteer Fire Department
Station 1 Improvements Project and to consider approval of Resolution No.
2007-121 awarding the bid to Central Contracting Corporation of Kearney,
Nebraska in the amount of $193,904.00.
Fire Administrator Ken
Tracy stated Fire Station 1 has been functioning in its current location since
a remodeling project was completed in 1972. With the growing needs of Kearney,
the Fire Department's needs have expanded as well. The residence located
directly north of Station 1 was purchased and demolished allowing room for
expansion. The City requested and received RFP’s for architectural services.
The services of Wilkins Hinrichs Stober Architects was accepted.
The following are the
proposed improvements to Fire Station 1:
1.
Paving 9,000 square feet to
provide additional parking on the north side of the building.
2.
Construction of a 1,310 square
foot metal storage building to house trailers and miscellaneous equipment.
3.
Upgrading the façade in the area
surrounding the overhead doors and the front entrance to the existing building.
The Council approved these
plans and specifications at their May 22, 2007 Council meeting. On June 14,
2007 the City received the following bids:
|
Contractor
|
Base Bid
|
Substantial Completion
|
Final Completion
|
|
Chief Construction,
Kearney, NE
|
$214,400.00
|
120 days
|
135 days
|
|
Paulsen Inc., Cozad, NE
|
$207,000.00
|
140 days
|
160 days
|
|
Central Contracting,
Kearney, NE
|
$193,904.00
|
120 days
|
140 days
|
|
Gary Sorensen, Kearney,
NE
|
$186,349.00
|
120 days
|
140 days
|
In reviewing the bids, it
was noted that the bid submitted by Gary Sorensen did not meet the
specifications and will not be considered. The next responsible low bidder is
Central Contracting in the amount of $193,904.00. The engineer’s cost of the
project is $250,000.00.
Council member Kearney asked if
the bid submitted by Gary Sorensen was withdrawn or was not accepted because it
did not meet specifications? City Attorney Michael Tye responded that the bid,
at first glance, did not appear to meet the specifications. The City’s
architect met with Mr. Sorensen to review his bid. It was determined that the
bid did not meet the specifications. Mr. Sorensen’s attorney confirmed that he
was withdrawing his bid and that he would not contest the award to Central
Contracting.
Moved by Kearney seconded by Lammers
to approve the bids received for the Kearney Volunteer Fire Department Station
1 Improvements Project and approve Resolution No. 2007-121 awarding the bid to
Central Contracting Corporation of Kearney, Nebraska in the amount of
$193,904.00. Roll call resulted as follows: Aye: Buschkoetter, Lear, Lammers,
Kearney. Nay: None. Clouse absent. Motion carried.
RESOLUTION
NO. 2007-121
WHEREAS, Wilkins
Hinrichs Stober Architects and the City of Kearney have reviewed the sealed
bids which were opened on June 14, 2007, at 2:00 p.m. for the Kearney Volunteer
Fire Department Station 1 Improvements Project; and
WHEREAS, the
Engineer’s Opinion of Probable Construction Cost was $250,000.00; and
WHEREAS, the
said engineers have recommended the bid offered by Central Contracting
Corporation of Kearney, Nebraska in the sum of $193,904.00 be accepted as the
lowest responsible bid.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and City Council of the City of Kearney,
Nebraska that the Engineers recommendation is hereby accepted and approved,
that Central Contracting Corporation of Kearney, Nebraska be and is the lowest
responsible bidder for the Kearney Volunteer Fire Department Station 1
Improvements Project to be constructed in accordance with the plans and
specifications on file with the City Clerk and that the bid of Central
Contracting Corporation of Kearney, Nebraska in the sum of $193,904.00 be and
is hereby accepted.
BE IT FURTHER
RESOLVED the Engineer’s Opinion of Probable Construction Cost for the Kearney
Volunteer Fire Department Station 1 Improvements Project in the amount of
$250,000.00 be and is hereby accepted.
BE IT FURTHER
RESOLVED that the Vice-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 JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE E. TREMBLY VICE-PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
INSURANCE PROPOSALS – CITY’S
COMPREHENSIVE AND WORKERS’ COMPENSATION INSURANCE PROGRAM
Vice-President Buschkoetter
opened for discussion the insurance
proposals received for the City of Kearney Comprehensive Insurance program and
to consider approval of Resolution No. 2007-122 accepting the recommendation
from City staff and the consultant.
Bob Charlesworth from
Charlesworth & Associates, Overland Park, Kansas presented this matter to
the Council. They are an independent risk management and insurance consulting
firm. They have been in business since 1977 and have worked with 25 cities in three
states and various schools and colleges. He had the privilege to work with Mr.
Morgan in Salina, Kansas for several years. He gave an overview of the process
used to come up with what they have done to date. His role was to gather the
information so that the Council and staff could make a management decision.
His role is to be a facilitator.
Mr. Charlesworth extensively worked
with City staff reviewing City properties, loss experiences, policies and
procedures and talked with members of the various boards. Together with the
information from staff and Risk Management Technician Kristi Grint, he put some
underwriting information together. The City advertised in the local newspaper
twice requesting insurance brokers to respond with their interest. The
deadline was March 30, 2007. On April 2, 2007, inquiries were sent out to
those brokers that responded, asking them about which insurers they would like
to utilize in proposing the City’s program and what experience they have had. One
was essentially non-responsive because they were interested in only doing the
fire department. Another was postmarked late, but they waited until the
following Monday to respond.
The information they provided was
already provided by three local brokers so there was no advantage of utilizing
another broker outside the City. From those received timely, they conducted
interviews at City Hall on April 17th. The three brokerage firms were very
enlightening and very professional. They gave a great insight into what kinds
of services would be available to the City if it were to move away from the
current risk transfer program with LARM. From that information, final
specifications were finalized and sent to those agents. The proposals were due
June 15th. They received proposals from all three of the brokers from the
markets to which they were assigned. They provided numbers with their
proposals.
Mr. Charlesworth stated the first
question asked was, “Is this the same program that we currently have?” The
answers were “yes” and “no”. No two were exactly alike, but they were comparable.
Mr. Charlesworth stated his
consulting firm has worked with three different pools in three different
states. Pools are developed for a specific reason. It can be for cost sharing
(not necessarily the cheapest) and/or combining resources and helping
yourselves by trying to help your neighbors. Pools work well and are made for
specific entities that want to join them. There is point where entities get to
the size, the mentality or the management styles where they say, “It’s been
great, but it is time to leave and do it on our own.”
Mr. Charlesworth believed they came
up with three good options for the City to consider, plus the option to stay
with LARM. The City’s Risk Management Technician has been pleased to work with
LARM because they have really stepped up their claims handling abilities and
improved in other areas. They have had a good relationship.
The three competitors came up
with some very good insurance companies, Employers Mutual Casualty, Cornhusker
(part of the Berkshire Group), UNICO (St. Paul Travelers) which writes numerous
cities and with which he was the most familiar. The pricing also came back
extremely competitive. One of the reasons is companies are aggressive and the
market is “soft” and so pricing is very competitive. The risk management
programs that Kearney has developed are paying dividends which include: loss
control, claims handling and management from the top down to supervisors and
employees. Kearney’s loss ratios are 20 percent on the property and liability
and 35 percent on workers’ compensation over the last four years. Collectively,
over 10 years it has been under 50 percent loss ratios which means for every
dollar paid out, they paid out 50 cents. The City has overhead costs just like
an insurance company has. The rule of thumb is that if you have a loss ratio
of 65 percent or lower, you are profitable. If you have loss ratios over 65
percent, it is an underwriting loss. Collectively, the City of Kearney has done
very well.
The premiums have gotten very
expensive and the City has grown with many things going on. In the
underwriting process, they delved into that more and more with very in-depth
questions to which the answers were very helpful. City Manager Michael Morgan
compiled a report for the Council that if a decision is made to leave LARM, it
must be done by July 1, 2007 (90-day termination notification provision). The
numbers provided are a ball park of what is being proposed today and will be
fine tuned, but are not ready to be approved at this point.
|
AGENCY
|
INSURER
|
COMP
|
WC
|
TOTAL
|
SAVINGS
|
|
Gary Thompson
|
CornHusker
|
$302,711
|
$319,919
|
$622,630
|
$262,907
|
|
UNICO
|
St. Paul Travelers
|
$393,453
|
$317,378
|
$710,831
|
$174,706
|
|
Barney Ins.
|
EMC
|
$302,219
|
$273,392
|
$575,611
|
$309,926
|
|
LARM (Current)
|
LARM
|
$496,062
|
$389,475
|
$885,537
|
|
Mr. Charlesworth stated that they
work with entities that are part of trust and they do so for a specific reason.
There is also a threshold to help determine if the City should remain where it
is. They say if you are within ten percent then pick a number. If a city
wants to stay where they are because they like to hold hands with neighboring
communities and share in their losses and experiences they should remain in a
pool. That is a decision for the Council. Three great options have been
outlined. Employers Mutual Casualty writes a lot of public entities in a lot
of different states. He thought that Cornhusker did a very nice job because
they have good policy forms. St. Paul Travelers have a little bit broader
coverage as far as separating out some of their policies. Collectively, with
their umbrella liability programs they are comparable with each other.
Council member Buschkoetter asked
about EMC and understood that they insure several political subdivisions and
other entities in the area. Mr. Charlesworth stated they also write the City
of Grand Island and others. Council member Buschkoetter stated that in the
information they received from LARM, one of their contentions was that we are
getting a short term cost benefit by joining the insurance program versus being
part of a long term pool. Mr. Charlesworth stated that the insurance market
place is fairly “soft” now. He believed from the comparisons of the quotes, he
did not believe they were buying in. Based on a comparison with Grand Island
rates, theirs are actually a little higher if you use a percentage of
expenditures and payroll. He did agree that rates can fluctuate which depends
on the reinsurance market, but even LARM is subject to those possible
increases.
Mr. Charlesworth believed that
any insurance company that the City would move away from has to be very
cognizant of the fact if the losses remain the same and this positive trend
continues, it would be very difficult to come back in a year and asked for
another $100,000.00. They would be looked on very poorly in the community based
on the insurance market today. Based on the information that he gathered,
Kearney has been a very low risk and a good customer especially for the last five
years including this year. The only thing that could affect a competitive bid
in the future is if the losses become high, especially in the workers’ comp
arena. This would be true for the City or anyone. With LARM, they spread that
risk over all their book of business where it is not quite so client specific.
LARM would have to answer that specifically. An insurance company would more
than likely be specific to the City of Kearney as to how those premiums might
fluctuate, but they still have to buy stop loss and excess coverage which does
have an impact on the rates as well. Currently, that market is still very
“soft”.
Council member Lammers asked if
Mr. Charlesworth had a good enough understanding of the experience level of the
staff of the City of Kearney and their background of their insurance and risk
management to feel comfortable with their knowledge. Mr. Charlesworth stated he
would feel more than comfortable with their knowledge. The questions he posed
were virtually responded to immediately. They had a good understand of loss and
what is financially at stake. They are aware not only dollars from insurance
companies that need to be paid and premiums paid by the City, but the loss time
for employee injuries. They use light duty or anything that can get that
employee back to work. Kearney staff is very keen on scrutinizing claims to
make sure they are truly legitimate claims against the City which is very
important. He believed that whatever risk management program you go to it is
imperative to maintain that.
Council member Kearney asked if
all of the bids are firm bids. Mr. Charlesworth stated the three are firm
bids. The one from LARM contains the City’s current rates because they did not
have the renewal numbers available.
Johnnie Miller, Risk Management
Director for the League of Nebraska Municipalities and also serves as the
Director of the League Association of Risk Management stated he agrees with all
the statements that Mr. Charlesworth made. He understands that the City has
closely scrutinized the process to get bids and has gotten a good result. LARM
is continually looking for and making proposals for membership to cities. The
cities of Superior, Dakota City and Crete are all looking at proposals at this
time to join LARM based on the insurance pricing that they are currently
paying. While these insurers in these cities are competitive, they are not
nearly as competitive as they are here. He believed that is due in part to the
fact that the City put in the extra time and effort to put together all the
underwriting information to send to the brokers. The more information that you
give to an insurance company, the better they can underwrite your business and
the better price you can get. Some people think, the less information
disclosed, the better pricing they will get. That is not the case with
insurers.
Mr. Miller received a letter from
Mayor Clouse after reviewing the proposals and let him know where the City was
at after receiving them. He and the LARM Chairman, Doug Hansen (council member
at Hickman), responded by letter which was provided to the Council. Mr. Hickman
was unable to attend this Council meeting. In their letter, they brought to
light that this is a “soft market” as Mr. Charlesworth stated and is very competitive.
While St. Paul Travelers have not quoted much business in Nebraska in the past,
Cornhusker and EMC have been the competitors that were here when LARM started
and are both very good companies and provide good services and coverage.
What the City of Kearney is a
part of now is a very different animal. At the present, it is a part of an interlocal
agency, where your Mayor sits on the board of directors. The Mayor has a place
at the table and has the ability to help make decisions with the other
members. There has been discussion on the board that they have to be cognizant
as the market softens. They must be aware that cities can get lower pricing
from those carriers at this point and time. Although you must keep in mind that
at the time you joined LARM, those carriers were higher priced. At that time
it was a “hard market” and LARM was a less expensive way to go. As an interlocal
agency and a non-profit organization of the League, those savings are not used
by LARM to pay losses and expenses. The savings will go to the bottom line and
remain in the LARM bank account to earn investment income which will become
member equity.
LARM tried to put together a bid
to provide the City of Kearney some idea of where their premiums would be next
year. The statute regulating LARM does require that all of their members give
them a minimum of 90 days notice before they leave. It is difficult for the
member to make a decision because they do not know what the rates will be in 90
days. Generally, their actuary who does the rate analysis for their board will
not have that information available to them until mid July. LARM did meet a
few weeks ago and set their meeting date for July 22nd to discuss these rates.
After that meeting and knowing that the Kearney City Council was going to discuss
this at their June 26th meeting, Mr. Miller stated he continually pressured the
actuary to provide information. Mr. Miller said that he started to receive
parts of that report the day of this meeting.
The LARM Board has now rescheduled
their meeting to Thursday, June 28th. They will hold a telephone conference to
review those rate indications from the actuary so they will be able to give the
City a firmer number of where they would be next year before the July 1st
termination date. According to the information that he received, the
indication was that Kearney would be looking at a rate decrease somewhere in the
10-15 percent neighborhood. That would not be enough to make them the low bid.
The bid from LARM, however, would allow Kearney to remain in an organization
that is “your organization” where you make decisions. Finance Director Wendell
Wessels also sits on their investment committee. He knows from those reports
in the last 18-24 months that LARM has had a dramatic increase in their
investment income. If that continues to happen, it will allow additional
decreases down the road. The performance numbers that just came back from the
actuaries last week indicated that the board is probably 18-24 months away from
starting to talk about dividend payments back to members with the surplus in
the program so far.
Mr. Miller stated that the two
precautionary statements that he wanted to make regarding the Council’s
decision were: 1) we are in a “soft market” and this type of competitive
pricing will not necessarily last. He recommended if the decision were made to
change, those savings from this year would be set aside anticipating that a few
years down the road there could be a huge increase and the budget would not be
able to handle it. 2) LARM is at a break through point in their organization’s
life where the investment income is coming together. Their surplus level is
where it needs to be. These factors will allow them to cut their rates and pay
back dividends to their members. Mr. Miller stated that he would hate to see
Kearney miss out on the good times after a decade of good experience in the
pool. As Mr. Charlesworth pointed out, Kearney has helped develop that surplus
over the last several years. They should be able to share in the benefits. He
understands that if the City’s budget is tight and the City is looking for
dollars for this particular budget, then it is hard to overlook these savings.
It is really a philosophical question whether to look long-term or what you
need to do for this budget period.
Council member Lammers asked why
the fees that LARM has charged over the past four years have been extremely
high and escalated dramatically. Mr. Miller answered that LARM has been in a
surplus development mode. After the 9-11 crisis, the reinsurance pricing went
through the roof. Their board of directors decided at that time, rather then
pass along those increased reinsurance rates to the members with significant
rate increases of 40-50 percent, they would use the surplus they had at that
time and make those rate increases 10-15 percent over several years to get to
that overall for the catastrophic rates. Now they are at the point where they
have started to develop surplus and the reinsurance rates are starting to come
down significantly. This is the reason that we now have the ability to cut
rates and return those savings to the membership. The increase to the
contributions was determined because their board looks at an overall rate
increase for all the members. Those rates are subject to what the experience
has been in each line of coverage, not an across the board. Cities, like
Kearney, are growing dramatically and are adding vehicles, hiring police
officers or growing in similar areas are experiencing rate increases. That is
what Kearney has run into. Even though LARM’s rates have only increased 15
percent a year, Kearney’s contributions have grown significantly higher because
of growth and are growing in the areas that are higher rates.
Council member Lear asked what
other first class cities in Nebraska are members of LARM. Mr. Miller stated
Holdrege, Scottsbluff, North Platte, Norfolk, Fremont, Hastings, LaVista and
Papillion which all have members on their board. While Kearney has
traditionally been their largest member because of some of the utilities in
North Platte they have just surpassed Kearney as the largest member from a
contribution standpoint.
Mr. Miller continued to state
that Kearney has certainly been a very valuable member to LARM and also from
the leadership that Kearney’s former City Manager and currently Mayor Clouse have
given to the Board of Directors. They have been helpful in making those
decisions to balance the cost to each individual member against the fiduciary
responsibility of keeping the organization going. These are the things they
have dealt with to create the kind of competitions that brings these types of
prices on a long term basis. Every member is rated as a group. It is not
based on individual losses. LARM uses those types of credits very sparingly. It
is based on what kinds of exposures they have during the year. He has been a
part of and supervised more than a half dozen pools across the United States
and also sits on the board of the National League of Cities Risk Information
Sharing Consortiums (an information and education organization for municipal
pools) which incorporates more than 18,000 cities. In addition, he sits on the
board of the National League of Cities Mutual Insurance Company which is one of
their catastrophic insurers.
Most of those pools will not be
providing the credits up front, but they look at experience which will show if
the member’s risk management program is working. If the risk management
program is showing good results, they will be weighed heavier when it comes to
paying dividends. When dividends are paid because of Kearney’s low loss
experience over the last five years, they would receive a larger portion of
that dividend than a city that did not have such a great experience. In this
way, it does not end up as a budget issue on the front end, but becomes how
much will you get back at the end of the year off budget based on your actual
experience.
Council member Buschkoetter asked
if LARM has ever paid dividends to their membership. Mr. Miller replied they
have not paid a dividend in the past. The last time they had surplus close to
a point where they could pay dividends, the 9-11 crisis happened and those
funds were used to cover the cost of added catastrophe coverage.
Council member Buschkoetter
stated that the dividend would depend on the success of our investments, how
the stock market goes, whether or not there is a catastrophe in one of the
cities that LARM has to pay coverage on. Mr. Miller stated if there were big
losses throughout many of the cities in the pool that would affect the
dividend. One individual loss would be covered by their catastrophic carriers
which are managed very closely and they would only have to pay a very small
amount of that actual loss. The rest would be reimbursed to LARM by their
reinsurers. This would be the same for any insurance company. Council member
Buschkoetter stated it has been his experience that no matter if the first or
the second insurance company pays the claim, the rates also increase.
Lynn Rex, Executive Director at
the League of Nebraska Municipalities, stated that she thought that many times
things are viewed as a snapshot as opposed to looking at the entire motion picture.
Back in the late 70’s and early 80’s they were experiencing crisis across the
State of Nebraska. Chadron was given little or no notice that they would not be
renewed. Other cities were placed in that scenario. So they were given a
directive by their board comprised of 15 elected officials across the state, as
well as one representative from utilities, one municipal clerk representative
and one utility personnel to see what they could do to stabilize rates and
provide risk management. Those are the two primary goals of a risk management
pool. This is something that the members own. They do not have to worry about
stockholder returns. Their concern is to make sure there is risk management
and stability of rates.
They were concerned about those cities
that received 800 percent increases in rates with less coverage back in the
80’s. Those are the kinds of things that drove the development of this risk
management pool. The League and leagues across the country that have done this
are entitled to a certain percentage if they choose to take it. Their League
was given two percent, but they did not take it for many years until recently
to offset the cost of their legal counsel and others on their staff. The remainder
is a passer amount dedicated totally for LARM which is your program. One of
the issues brought up was the “soft and hard” markets and you cannot have one
without the other. Nebraska has experienced that just like other states and
that is why there are pools across the country for stability of rates.
After 2001, the LARM Board chose
not to have a 40-50 percent rate increase. They chose to have stability of
rates and not exceed 15-20 percent rate increase so that it would be carried
over a period of time for budgeting purposes. Municipalities are under a whole
list of budgeting regulations that they have to follow.
A few years ago Scottsbluff went
out for bids and no one bid because of their history of bad hail storms. When
the going gets tough, these companies do not bid although they are great
companies. You must decide what is at stake for your city. There are always
consequences. The first eight years of the 11-year coverage of Kearney, LARM
paid out more for Kearney claims than Kearney paid in. There has been a lot of
work over a period of years to provide the best coverage possible. Kearney has
been a great member of LARM throughout. A risk management pool is required by
law to be fully funded. The surplus can be given back to the members or used
to lower rates. They never have a situation of wondering if they have enough
money to pay the claims for the year.
Mr. Charlesworth commented on the
possible reasons that a company might not bid on the coverage for Scottsbluff
that Ms. Rex talked about. He believed it might have been due to underwriting
reasons or losses. He did not know what companies were involved. He has never
seen any of these companies terminate a city that they had insured. Insurance
rates are cyclical with ups and downs. Events like the hurricane and 9-11
affected excess property insurance which became very expensive. It did not
drastically impact the central part of the United States. Typically, wind/hail
deductibles went up which created some leeway. If you moved one of these, he
did not think it would cause a cancellation notice unless they were really
poor. In that case, it would be difficult to get insurance with anybody. It is
possible that LARM would not have accepted them back either, depending on their
underwriting guidelines. He agreed with the other things that Ms. Rex had to
say about pools.
Council member Kearney stated
that with a 15 percent reduction, it would be a savings of $132,000.00. This
is a difference of $177,000.00 over what the actual savings would be with the
lowest bid received from Barney Insurance of $309,000.00.
Stephen Gabel, 4116 North 144th
Plaza, Omaha, Nebraska stated that EMC insures over 300 cities and villages in
the State of Nebraska. Despite what might be inferred from other things that
have been said earlier in this meeting, their service has obviously been good
enough that they have been able to retain most of the cities and towns that
they write. In most cases, their service is what has kept their insured as
clients. The program they are offering in their bid is a guaranteed cost
program. This means there is no possibility they can come back and ask for more
money under any circumstances. They are not assessable and cannot get more than
they are asking for in this bid. If they try to raise the premium next year,
the insured has the right to look elsewhere for coverage because there is no
exit barrier involved in their bid. As a part of this bid, they promise that
they will notify their insured of renewal figures for next year at least 60
days in advance. This means they have no assurance whatsoever that they can get
a higher premium next year. It makes it impossible to say that they are coming
in at an artificially low price in order to raise the premium next year.
Council member Lear asked how
Kearney compares with risk management programs and policies with other
municipalities our size. Ken Cox (Underwriter), 161 25 Cherry Circle,
Bennington, Nebraska stated that as far as risk management, they have been able
to determine in this process of asking questions and talking with the City
Manager that Kearney is pretty close to second to none. Not every city has a
risk manager and he believed that Kearney has a handle on the situation.
Council member Buschkoetter
commented that even if LARM could give us an improved rate, it would still be
dramatically higher than the lowest bid rate. Council member Kearney stated
that they owe it to the tax payers to go with the lowest rate. He would find
it difficult to face the public if they were aware this cost savings was
available and they did not take advantage of it. Council member Lammers agreed
that the Council has fiscal responsibilities. He was comfortable with going
with the recommendation of the consultant.
Council member Lear stated that
all good things have their time. Their partnership with LARM for the last
eleven years has very likely been beneficial for the City. Their organization
came at the right time and place when it made sense for Kearney to join them. Kearney
is a different community today than it was eleven years ago. One of the things
that were brought out as Kearney continues to grow and expand is that we have
some stronger programs than the average municipality which reflects well on our
individual ratings. So we see the benefits of a process like this.
Council member Buschkoetter
stated when you start paying the bills you find ways of saving money. The
City’s risk management has been able to do that for us which has resulted in
saving a significant amount of money. Since we have been paying the tenant the
same flat rate as all the other tenants in the building, we are not getting
that savings. He thought it was time to move forward. Since we have done such
a good job of minimizing our risk, it is time for us to capitalize on that and
realize the savings. $309,000.00 in about five years could be another activity
center that we have waited a long time to build.
Council member Lear thanked
Kearney’s insurance community. Many of our local agents stepped up and worked
with these multiple markets to make sure that we got competitive proposals.
All of them did our community a service and any of them would have been a good
option.
Moved by Lammers seconded by Lear
to approve the insurance proposals received for the City of Kearney Comprehensive
Insurance program and accept the recommendation submitted by Charlesworth &
Associates in accept the proposal submitted by Barney Insurance and approve Resolution
No. 2007-122. Roll call resulted as follows: Aye: Buschkoetter, Lammers,
Kearney, Lear. Nay: None. Clouse absent. Motion carried.
RESOLUTION NO.
2007-122
WHEREAS, Charlesworth
& Associates was retained for the purpose of reviewing the City of
Kearney’s comprehensive insurance and workers’ compensation insurance and has
completed a review of the available insurance coverages required for the City
of Kearney, and has submitted to the City Council and the City management a
review of the findings; and
WHEREAS, the City
management has recommended to the Council that those proposals for coverage
recommended by Bob Charlesworth from Charlesworth & Associates be accepted
and adopted; and
WHEREAS, the City
Council has reviewed the available coverages and has been advised concerning
the matter by Bob Charlesworth and has received his recommendations concerning
the suggested agency and coverages.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
that the City of Kearney does hereby accept and adopt for its 2007-2008
insurance coverages with Employers Mutual Company, by and through Barney
Insurance, located 5205 2nd Avenue, Kearney, Nebraska as recommended by Bob
Charlesworth from Charlesworth & Associates.
BE IT FURTHER
RESOLVED that the City Manager be and is hereby authorized and directed to
execute any documents necessary to place in effect the insurance overages
provided by Employers Mutual Company, by and through Barney Insurance.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE
E. TREMBLY VICE-PRESIDENT OF THE
COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
TERMINATE SERVICES WITH LEAGUE
ASSOCIATION OF RISK MANAGEMENT
Vice-President Buschkoetter
opened for discussion terminating the Comprehensive Insurance and Workers’
Compensation Insurance services of the League Association of Risk Management
effective October 1, 2007 and to consider approval of Resolution No. 2007-123.
Since this matter was discussed
and action taken on the previous matter, there was no further discussion.
Moved by Lear seconded by Buschkoetter
to approve terminating the Comprehensive Insurance and Workers’ Compensation
Insurance services of the League Association of Risk Management effective
October 1, 2007 and approve Resolution No. 2007-123. Roll call resulted as
follows: Aye: Buschkoetter, Kearney, Lear, Lammers. Nay: None. Clouse absent.
Motion carried.
RESOLUTION NO.
2007-123
WHEREAS, on July 27,
1993 the City Council approved Resolution No. 93-127 accepting and adopting the
recommendation submitted by the City’s consultant, United Risk Management, to
place the City’s comprehensive and workers’ compensation coverages with the
developing League of Municipalities pool via the Meadowbrook Insurance Group ;
and
WHEREAS, on July 28,
1995 the City Council approved Resolution No. 95-157 entering into an Agreement
for the Formation of the League Association of Risk Management for the
formation of the participation in the pool; and
WHEREAS, the City of
Kearney has continued to be a participant in the League Association of Risk
Management Pool since that time to the present; and
WHEREAS, City staff
determined the need and necessity to seek proposals from other companies to
verify continued participation with the League Association of Risk Management;
and
WHEREAS, the City Council
has reviewed the proposals received and find it to be in the City’s best
interest to terminate its participation in the League Association of Risk
Management.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
that the City of Kearney hereby terminates its participation in the League
Association of Risk Management effective October 1, 2007.
BE IT FURTHER
RESOLVED that the City Manager be and is hereby authorized and directed to
execute any documents necessary to terminate its participation in the League
Association of Risk Management.
PASSED AND APPROVED
THIS 26TH DAY OF JUNE, 2007.
ATTEST: RANDY
BUSCHKOETTER
MICHAELLE
E. TREMBLY VICE-PRESIDENT OF THE
COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
OPEN ACCOUNT CLAIMS: PLATTE VALLEY
STATE BANK - $41,159.52, NPPD - $51,116.91, STAN CLOUSE - $68.08
Moved by Buschkoetter seconded by
Kearney that Open Account Claims in the amount of $41,159.52 payable to Platte
Valley State Bank, in the amount of $51,116.91 payable to Nebraska Public Power
District, and in the amount of $68.08 payable to Stan Clouse be allowed. Roll
call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None.
Clouse absent and Lear abstained. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Kearney seconded by Lammers
that Council adjourn at 8:07 p.m. Roll call resulted as follows: Aye: Buschkoetter,
Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.
STANLEY
A. CLOUSE
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK