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Kearney, Nebraska

October 23, 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 October 23, 2007 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: Jim Lynaugh, Ken Tracy, Jerry Thompson, Tony Jelinek, Gregg Vanier, Wesley Heiser, Tara Shaw, Roger Jasnoch, Chris Miller, Steve Altmaier from KGFW Radio, Sara Gibboney from Kearney Hub.

 

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 Don Bryant from First Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Gene Jelinek from Troop 158 led the Council members and 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

 

LIQUOR LICENSE AND MANAGER FOR VENUE RESTAURANT

 

Mayor Clouse opened the public hearing on the Application for a Class C-78777 liquor license submitted by VRK LLC, dba “Venue Restaurant & Lounge” proposing to conduct their business at 110 2nd Avenue, to consider the Application for Corporate Manager for Gregg Vanier, and to consider approval of Resolution No. 2007-219.

 

Gregg Vanier, 1907 West 35th Street, presented this matter to the Council. The Venue is the new restaurant replacing the Captain’s Table at the Holiday Inn.  They will be serving breakfast, lunch and dinner. Although they will serve alcohol in the restaurant, they do not consider it a bar. The Captain’s Table also had a catering license, but the Venue did not include that in their Class C at this time. They officially opened the restaurant to the public last Friday night.

 

Mr. Vanier was asked to explain about the ‘Open Container After Hours’ violation that happened in their Lincoln Venue location.  He stated that the manager, bartender and the employee that was leaving there that night at 1:30 a.m. were all fired.  There were two watered down drinks still sitting on the bar along with waters that the officer apparently thought were still being drunk at the time.  Mr. Vanier stated since it was the restaurant’s responsibility, they pled guilty.  Serving to minors is grounds for immediate termination.

 

City Clerk asked if their application included the ballrooms.  Mr. Vanier stated that alcohol will not cross their lines.  They are responsible for the rooms and the lobby.  The ballrooms will be taken care of by the Holiday Inn liquor license.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the Application for a Class C-78777 liquor license submitted by VRK LLC, dba “Venue Restaurant & Lounge” proposing to conduct their business at 110 2nd Avenue, consider the Application for Corporate Manager for Gregg Vanier, and approve Resolution No. 2007-219.  Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-219

 

            WHEREAS, VRK LLC, dba “Venue Restaurant & Lounge” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class C-78777 (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to do business at 110 2nd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, VRK LLC, dba “Venue Restaurant & Lounge” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Gregg Vanier; and

            WHEREAS, a hearing was held relating to said application on October 23, 2007.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class C-78777 (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to VRK LLC, dba “Venue Restaurant & Lounge” located at 110 2nd Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Gregg Vanier.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

BOARD OF EQUALIZATION – PAVING DISTRICT NO. 2003-872

 

Mayor Clouse opened the public hearing for the Council to meet as the Board of Equalization to assess costs for Paving Improvement District No. 2003-872 for Railroad Street from Central Avenue to Avenue B and to consider approval of Resolution No. 2007-220.

 

On March 25, 2003 the City created Paving Improvement District No. 2003-872 for Railroad Street from Central Avenue to Avenue B. After completion of the construction projects, the City hired a title company to complete property abstracts so that assessments could be levied.  The district has been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. Property owners will then be required to pay the first installment within 50 days (December 12) or will be able to pay the entire assessment without any interest prior to this date. The City will recoup the costs associated with the construction of paving and improving of Railroad Street from Central Avenue to Avenue B, except the cost of paving and improving the intersections of streets or avenues and spaces opposite alleys in said paving district.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing as the Council meeting as the Board of Equalization to assess costs for Paving Improvement District No. 2003-872 for Railroad Street from Central Avenue to Avenue B and approve Resolution No. 2007-220. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-220

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:

            Section 1.  The President and Council find and determine that the street in Paving Improvement District No. 2003-872 have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

            Section 2.  Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein.

            Section 3.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Paving Improvement District No. 2003-872 shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 14 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held October 9, 2007.

 

2.         Approve the following Claims: AT&T $153.58 smcs; AM Best Co $63.90 smcs; AM Player $1,088.84 smcs; Ace Hardware $128.68 smcs; Ace Irrigation $75.00 smcs; Advance Auto Parts $6.45 smcs; Agent Fee $200.00 smcs; Air Flo $94.84 smcs; All Breakers $557.70 smcs; Alley Rose $35.00 smcs; Alltel $2,932.25 smcs; Almquist,R $30.00 smcs; Amazon $1,612.91 smcs; Amer Electric $570.57 smcs,co; Amer Library Ass'n $695.00 smcs; Amsan $814.40 smcs; Andersen Wrecking $25.00 smcs; Anderson Brothers $627.47 smcs; Arc of Buffalo County $869.68 smcs; ARFF Working Group $125.00 smcs; Ask Supply $204.00 smcs; Aurora Co-op $260.92 smcs; Auto Glass Center $183.22 smcs; B&H Photo-Video $64.40 smcs; B.A.B. $9,000.00 smcs; Baker & Taylor $5,874.31 smcs; BBC Audiobooks $57.00 smcs; Beacon Athletics $1,960.62 smcs; Beckenhauer,T $23.00 smcs; Benson,G $560.00 smcs; Big O Tires $13.00 smcs; Blevins,D $202.80 smcs; Bluecross Blueshield $59,118.47 smcs; Bobs Super Store $20.64 smcs; Bosselman $27,965.40 smcs; Bound To Stay Bound $572.09 smcs; Boxwood Technology $100.00 smcs; Broadfoot's $1,037.50 smcs; Bruce Furniture $1,794.10 co; Buffalo Co Treasurer $28.00 smcs; Builders Warehouse $2,284.08 smcs,co; Buydigcom $296.97 smcs; Cabela's $169.98 smcs; Casey's $65.00 smcs; Cash-Wa Distributing $2,047.08 smcs; Centaur Enterprises $1,755.77 smcs; Central Auto Electric $9.73 smcs; Central Comm College $1,125.00 smcs; Central Fire & Safety $71.50 smcs; Central Hydraulic Systems $1,072.41 smcs; Central NE Bobcat $385.07 smcs; Charter $54.99 smcs; Chesterman $102.00 smcs; City of Ky $72,781.82 smcs; Complete Music $235.00 smcs; Construction Rental $65.15 smcs; Cooperative Producers $6,787.72 smcs; Copycat Printing $622.01 smcs; CPI Communications $30.40 smcs; Culligan $149.00 smcs; D&S Lighting $134.25 smcs; Dawson Co PPD $26,554.90 smcs; Days Inn Greeley $270.00 smcs; Dell Marketing $1,222.98 smcs,co; Delta Force/Press $314.71 smcs; Depository Trust $148,507.50 smcs; Diamond Vogel $37.67 smcs; Dmilaco Sports Fashion $358.25 smcs,ps; DPC Industries $4,393.75 smcs; Drummond $465.91 smcs; Eakes $856.95 smcs,co; Ecolab $30.00 smcs; EDM Equipment $995.18 smcs; EMC Insurance $236,599.80 smcs; Eustis Body Shop $155.25 smcs; Expedia $10.00 smcs; Expression Wear $216.00 smcs; Fairbanks Int'l $365.69 smcs; Farmers Union $38.00 smcs; Fastenal $668.27 smcs; Firecom $132.00 smcs; Firefighters Bookstore $177.94 smcs; Firestore/Officerstore $200.93 smcs; Frontier $7,816.14 smcs; Frontierair $1,442.72 smcs; Garrett Tires $6,006.67 smcs; Gatehouse $212.78 smcs; Gempler $123.80 smcs; General Traffic Controls $724.75 smcs; Golf Gifts & Gallery $235.62 smcs; Good Samaritan $100.00 smcs; Goodwill Industries $37.50 smcs; Gordon's Small Engine $57.98 smcs; GFOA $125.00 smcs; Grainger $1,359.19 smcs; Great American Outdoor $262.34 smcs; Great Plains One Call $384.06 smcs; Green Line Equipment $379.00 smcs; Greyhouse Publishing $227.95 smcs; Grimes,S $35.00 smcs; H&H Distributing $498.90 smcs; Hali-Brite $347.02 smcs; Hampton Inn $336.00 smcs; Harbor Freight $171.93 smcs; Harter,A $148.61 smcs; HD Supply $2,408.66 smcs; Heartland Clerks Ass'n $10.00 smcs; Highsmith $92.95 co; Hobby-Lobby $105.90 smcs; Hogan's Sporting Goods $206.98 smcs; Holiday Inn Express $169.96 smcs; Holmes Plumbing $602.34 smcs; HSM Electronic $412.82 smcs; Huber,V $57.31 smcs; Hydra-Stop $48.48 co; Hydrologic $175.00 smcs; Infinisource $1,958.40 smcs; Inland Truck Parts $127.26 smcs; Intermountain Sales $173.48 smcs; Int'l Ass'n Electric $90.00 smcs; Int'l Ass'n Ethics $75.00 smcs; Intuit $85.59 smcs; ISDN $188.25 smcs; Jack Lederman $1,146.48 smcs; Jack's Uniform $147.99 smcs; Jamar Technologies $601.00 co; Johnson Service $6,750.00 smcs; JRs Western $259.59 smcs; K&K Parts $946.89 smcs; Ky Centre Vac $549.95 smcs; Ky Concrete $12,757.13 smcs; Ky Crete & Block $793.19 smcs,co; Ky Hub $2,585.25 smcs; Ky Implement $305.08 smcs; Ky Towing $225.00 smcs; Ky Warehouse $2,021.97 smcs; Ky Winlectric $261.53 smcs; Ky Yamaha $26.40 smcs; Kelly Supply $141.42 smcs; KGFW-AM $340.00 smcs; Kirkham Michael $8,000.00 smcs; Kmart $23.16 smcs; Konica Minolta $110.36 smcs; Labelmaster $429.06 smcs; Labsafe $696.27 smcs; Lakeland Engineering $130.59 smcs; League of NE Municipalities $120.00 smcs; Linweld $696.78 smcs; Little Caesars $38.50 smcs; Lockmobile $57.55 smcs; Loews Hotels $630.32 smcs; LTI $1,350.00 co; Mac Tools $239.99 smcs; Magic Cleaning $660.00 smcs; Mail Express $41.20 smcs; Marina Inn $134.40 smcs; Marlatt Machine Shop $170.84 smcs; Mattley Advertising $493.17 smcs; McCarty,D $17.20 smcs; McMaster-Carr $633.31 smcs; ME Chapter IAEI $135.00 smcs; Menards $1,715.65 smcs; Mercantila $400.00 co; Mid-American Courtworks $117,878.40 co; Midland Molding $18.00 smcs; Mid-NE Garage Doors $175.00 smcs; Midwest Exp $184.10 smcs; Midwest Turf $75.56 smcs; Miller Signs $144.00 smcs; Miracle Recreation $88.00 co; Moonlight Embroidery $364.25 smcs; Morgan,M $555.12 smcs; Moss & Barnett $1,204.00 smcs; Mr Automotive $1,325.22 smcs,co; Municipal Supply $12.84 smcs; Murphy Tractor $1,892.60 smcs; N&K Investments $85,087.00 co; Napa All Makes Auto $1,680.10 smcs,co; Nathan's Curb Grinding $75.00 co; NCMA $50.00 smcs; NCS Equipment $148.02 smcs; NE Dept of Environmental $14,598.32 smcs; NE Dept of Revenue $70,280.74 smcs; NE Golf & Turf $400.00 smcs; NE Nat'l Bank $35,239.94 ds; NE Truck Center $344.07 smcs; NEland Distributors $477.00 smcs; New Bohlings $67.96 smcs; New Directions $6,990.16 smcs; NIEC $140.00 smcs; NMC $1,264.14 smcs; Northern Tool $970.91 smcs,co; Northwestern Energy $1,353.91 smcs; Novus $31.50 smcs; NSA/POAN $430.00 smcs; NSAWWA $70.00 smcs; NSIA $175.00 smcs; Office Depot $97.53 smcs; Office Max $913.44 smcs,co; Officenet $1,252.47 smcs; O'Reilly Auto $427.46 smcs; Orscheln $257.39 smcs; Our Designs $53.45 smcs; Outdoor Recreation $2,307.00 co; Oxford University Press $110.78 smcs; Pane Bello $150.00 smcs; Paramount $237.59 smcs; Paypal $321.00 smcs; Pet Pick-ups $217.46 smcs; Platte Valley Comm $2,973.57 smcs,co; Portable Computer Systems $623.00 co; Presto-X $149.00 smcs; Proquest $2,318.00 smcs; Public Risk Mgmt Ass'n $1,070.00 smcs; Quill $111.96 smcs; Radioshack $149.95 smcs; Random House $221.86 smcs; Ray Allen Mfg $475.75 co; Ready Mixed Concrete $9,298.08 smcs,co; Reams Sprinkler Supply $16,117.62 smcs,co; Recorded Books $488.10 smcs; Redman's Shoes $392.94 smcs; REI Firerescue $1,300.00 smcs; Reno USA $399.00 co; Rick's Sod Farm $1,292.00 smcs,co; Rodiek,D $53.49 smcs; Roth,K $16.00 smcs; Rotonics $1,870.00 smcs; S.A. Foster Lumber $31.20 smcs; Sahling Kenworth $810.51 smcs; Sandhill Plastics $5,592.00 smcs; Sears $337.92 smcs; Seeuthr $325.00 smcs; Shank,C $25.00 smcs; Sherwin Williams $815.82 smcs,co; Siemens Airfield Solutions $1,089.62 smcs; Sign Center $26.00 smcs; Sirsi Corp $15,487.53 smcs; Softchoice $520.94 co; Solid Waste Agency $457.85 smcs; Sportime $231.62 smcs; Squad Fitters $56.40 smcs; St NE/Dept Aeronautics $2,095.00 ds,er; Stigge,D $100.00 smcs; Storm Water Awareness $215.00 smcs; Sunmart $97.36 smcs; Super 8 $211.36 co; Super Media Store $249.99 smcs; Super Shine Auto $7.75 smcs; Sutphen Corp $1,204.00 smcs; Tarr's Haying $247.00 smcs; TCT SA-SO Company $112.18 co; Teledyne $410.00 smcs; Telephone Systems of NE $22.46 smcs; Tessco $167.67 co; Thirsty's $13.90 smcs; Thompson,L $60.00 smcs; Thomson Gale $7,160.54 smcs; Tielke Enterprise $149.55 smcs; Tigerdirect $1,093.08 co; Tool Doctor $12.00 smcs; Tractor-Supply $951.71 smcs; Tri City Outdoor Power $36.64 smcs; Tucson Airport Cab $60.00 smcs; Turner Body Shop $385.00 smcs; Tye & Rademacher $10,603.87 smcs; US Postmaster $582.00 smcs; Unique Management $286.40 smcs; Unisys $174.30 smcs; United Air $1,090.10 smcs; United Rentals $451.94 smcs; United Seeds $1,602.00 smcs; Upbeat $206.99 smcs; UPS Store $13.21 smcs; US Bank $31,034.43 smcs; US Internet $2,106.00 smcs; USPS $65.91 smcs; Van Diest Supply $1,833.40 smcs; Vanderbilts $200.98 smcs; Village Uniform $361.92 smcs; Waldenbooks $100.00 smcs; Wal-mart $1,473.92 smcs; Ware,M $50.00 smcs; Weed,A $25.00 smcs; Wiegand Security $75.00 smcs; Wilke Donovan's $222.99 smcs; Wilkins Hinrichs Stober $10,150.00 smcs; Williams,M $62.66 smcs; Wooden,T $255.83 smcs; World Twin $400.00 smcs; Yellow Van Cleaning $265.05 smcs; Zimmerman Printers $125.94 smcs; Payroll Ending 10-13-2007 -- $284,980.83.  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 November 13, 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 Manhole Rehabilitation Project and approve Resolution No. 2007-221 awarding the bid to Midlands Contracting, Inc. in the amount of $125,118.95.

 

RESOLUTION NO. 2007-221

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on October 16, 2007 at 2:00 p.m. for the 2007 Manhole Rehabilitation Project; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $149,684.90; and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting, Inc. from Kearney, Nebraska 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 Midlands Contracting, Inc. of Kearney, Nebraska be and is the lowest responsible bidder for the 2007 Manhole Rehabilitation Project to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Midlands Contracting, Inc. in the sum of $125,118.95 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2007 Manhole Rehabilitation Project in the amount of $149,684.90 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 23RD DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve the bids received for the purchase of a tractor with mechanical front wheel drive and loader with quick-attach style backhoe to be used at the City of Kearney Cemetery and to award the bid to Kearney Implement in the amount of $23,750.00.

 

6.         Accept the Quitclaim Deed granted to the City of Kearney by N & K Investment Company in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road 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. 2007-222.

 

RESOLUTION NO. 2007-222

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire a tract of property described as being part of Lot 12, Block 3, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 12, Block 3, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 12, Block 3 a distance of 41.2 feet; thence deflecting left 133°52' a distance of 37.8 feet to a point 15.0 feet north of the north line of 39th Street; thence deflecting right 43°49' and parallel with the north line of said 39th Street a distance of 9.1 feet; thence deflecting right 01°45' a distance of 65.53 feet to a point 17.0 feet north of the north line of said 39th Street; thence deflecting left 01°45' and parallel with the north line of said 39th Street a distance of 50.0 feet; thence deflecting right 90°00' a distance of 7.0 feet; thence deflecting left 90°00' and parallel with the north line of said 39th Street a distance of 150.0 feet; thence deflecting right 01°85'45" a distance of 50.0 feet to a point 25.0 feet north of the north line of said 39th Street; thence deflecting left 01°08'45" and parallel with the north line of said 39th Street a distance of 25.0 feet; thence deflecting right 05°42' a distance of 35.49 feet to a point on the west line of Lot 12, Block 3, thence southerly on said west line a distance of 28.52 feet to the southwest corner of Lot 12, Block 3 said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 412.25 feet to the point of beginning, containing 9,197 square feet (0.21 Acres) more or less, all in Buffalo County, Nebraska; and

            WHEREAS, N & K Investment Co., a Nebraska Partnership of Douglas County, State of Nebraska, has granted to the City of Kearney a Warranty Deed for a tract of property described as being part of Lot 12, Block 3, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 12, Block 3, said point being on the north line of 39th Street, a street in the City of Kearney; thence northerly on the east line of said Lot 12, Block 3 a distance of 41.2 feet; thence deflecting left 133°52' a distance of 37.8 feet to a point 15.0 feet north of the north line of 39th Street; thence deflecting right 43°49' and parallel with the north line of said 39th Street a distance of 9.1 feet; thence deflecting right 01°45' a distance of 65.53 feet to a point 17.0 feet north of the north line of said 39th Street; thence deflecting left 01°45' and parallel with the north line of said 39th Street a distance of 50.0 feet; thence deflecting right 90°00' a distance of 7.0 feet; thence deflecting left 90°00' and parallel with the north line of said 39th Street a distance of 150.0 feet; thence deflecting right 01°85'45" a distance of 50.0 feet to a point 25.0 feet north of the north line of said 39th Street; thence deflecting left 01°08'45" and parallel with the north line of said 39th Street a distance of 25.0 feet; thence deflecting right 05°42' a distance of 35.49 feet to a point on the west line of Lot 12, Block 3, thence southerly on said west line a distance of 28.52 feet to the southwest corner of Lot 12, Block 3 said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 412.25 feet to the point of beginning, containing 9,197 square feet (0.21 Acres) more or less, all in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Quitclaim Deed be and is hereby accepted.

            PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve Application and Certificate for Payment No. 6 in the amount of $66,092.18 submitted by Blessing, LLC and approved by Miller & Associates for 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. 2007-223.

 

RESOLUTION NO. 2007-223

 

            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 Application and Certificate for Payment No. 6 in the amount of $66,092.18 as shown on Exhibit “A” 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

306,976.84

Retainage

56,500.00

Amount Due to Date

250,476.84

Less Previous Certificates for Payment

   184,384.66

Current Payment Due

$   66,092.18

 

            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. 6, as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve Change Order No. 3 showing an increase in the amount of $6,451.99 and Application and Certificate for Payment No. 7 in the amount of $231,348.09 submitted by Blessing, LLC and approved by Miller & Associates for the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road 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. 2007-224.

 

RESOLUTION NO. 2007-224

 

            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. 3 showing an increase in the amount of $6,451.99 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

            WHEREAS, Blessing LLC and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 7 in the amount of $231,348.09 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)

            Change Order No. 2 (7-24-2007)

            Change Order No. 3 (10-23-2007)

+     61,459.75

+       4,853.68

+       6,451.99

Contract Sum to Date

$2,050,426.38

Gross Amount Due

1,129,304.11

Retainage

112,930.41

Amount Due to Date

1,016,373.70

Less Previous Certificates for Payment

    785,025.61

Current Payment Due

 

$   231,348.09

            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. 3 as shown on Exhibit “A”, and Application and Certificate for Payment No. 7, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve Change Order No. 1 showing an increase in the amount of $727.35, Application and Certificate for Payment No. 2 in the amount of $46,956.98 submitted by Concrete Workers and approved by Miller & Associates for the Cemetery Paving 2007 Project and approve Resolution No. 2007-225.

 

RESOLUTION NO. 2007-225

 

            WHEREAS, Concrete Workers Inc. of Kearney, Nebraska has performed services in connection with the 2007 Cemetery Paving Improvements and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $727.35 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

            WHEREAS, Concrete Workers Inc. and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $46,956.98 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

            Change Order No. 1 (10-23-2007)

$112,068.50

+       727.35

Contract Sum To Date

112,795.85

Gross Amount Due

112,649.60

Retainage

10,800.00

Amount Due to Date

101,849.60

Less Previous Certificates for Payment

   54,892.62

Current Payment Due

$ 46,956.98

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A”, and Application and Certificate for Payment No. 2, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve Change Order No. 2 showing a decrease in the amount of $68,369.10, Application and Certificate for Payment No. 3-Final in the amount of $40,993.54, and the Certificate of Substantial Completion submitted by Midlands Contracting, Inc. and approved by Miller & associates for the 2007 Part III Improvements – Bid A consisting of Water District No. 2007-547 for 16th Street from Avenue M east a distance of 747± feet; Sewer District No. 2007-489 for 16th Street from Avenue M east a distance of 747± feet; Water Connection District No. 2007-1 for 56th Street from 30th Avenue west a distance of 4,410.1 feet; 5th Avenue Water Main Replacement; Avenue C Railroad Crossing and approve Resolution No. 2007-226.

 

RESOLUTION NO. 2007-226

 

            WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska has performed services in connection with the 2007 Part III Improvements consisting of 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 the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $68,368.10 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-Final in the amount of $40,993.54 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$437,741.30

            Change Order No. 1 (8-28-2007)

            Change Order No. 2 (10-23-2007)

-     1,011.00

-   68,368.10

Contract Sum to Date

$368,362.20

Gross Amount Due

368,362.20

Retainage

.00

Amount Due to Date

368,362.20

Less Previous Certificates for Payment

  327,368.66

Current Payment Due

 

$  40,993.54

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of September 21, 2007, 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. 2, as shown on Exhibit “A”, Application and Certificate for Payment No. 3-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 23RD DAY OF OCTOBER, 2007.

 

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. 13 in the amount of $308,435.12 submitted by Sargent Drilling Co. and approved by Miller & Associates for the Northwest Well Field Improvements – Phase I (Municipal Water Wells) and approve Resolution No. 2007-227.

 

RESOLUTION NO. 2007-227

 

            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 Application and Certificate for Payment No. 13 in the amount of $308,435.12 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)

            Change Order No. 2 (9-25-2007) additional working days to the contract time

+   142,586.66

Contract Sum to Date

2,506,881.66

Gross Amount Due

2,398,910.27

Retainage

175,892.37

Amount Due to Date

2,223,017.90

Less Previous Certificates for Payment

  1,914,582.78

Current Payment Due

 

$   308,435.12

            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. 13, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve the request submitted by the Kearney Family YMCA to conduct the Turkey Trot on November 22, 2007 beginning at 9:00 a.m. The route for the 2-Mile Run/Walk is to begin/finish at the YMCA, south on 6th Avenue, west on 35th Street, south on 7th Avenue, southeast through Harmon Park to the intersection of 29th Street and 5th Avenue, north on 5th Avenue, west to 33rd Street, north on 6th Avenue to YMCA. The route for the 5-Mile Run is to begin/end at YMCA, south on 6th Avenue, east on 33rd Street, south on 5th Avenue, west on 26th Street through Campus, north on 15th Avenue, west on hike/bike trail, north on Country Club Lane, east on 35th Street, north on 11th Avenue, east on 39th Street, north on 6th Avenue to YMCA.

 

13.        Approve the application submitted by Delmar Nelson on behalf of the American Legion Post 52 to conduct the Veterans Day Parade on November 11, 2007 beginning at 2:00 p.m. with the parade starting at Railroad Street, north on Central Avenue and ending at the parking lot located north of the Museum of Nebraska Art.

 

14.        Approve the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” to dispense beer, wine and distilled spirits in the Exposition Building at the Buffalo County Fairgrounds located at 3807 Avenue N on November 13, 14 and 15, 2007 from 2:00 p.m. until 9:00 p.m. each day for Gateway Farm Expo.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

LIQUOR MANAGER APPLICATION FOR VALERO

 

Mayor Clouse opened for discussion the Manager Application for Tara Shaw submitted by KB&KS Investments, LLC, dba “Valero” in connection with their Class B-64700 liquor license located at 414 2nd Avenue.

 

Tara Shaw, presented this matter to the Council. She stated regarding the three violations at their location, only one happened since she has been manager.  The employee that caused the violation was immediately terminated.  Since that time, she, the assistant manager and all of their employees have completed training. 

 

Council member Buschkoetter asked if they had considered using any of the electronic devices that automatically check IDs. Ms. Shaw stated that she has discussed the possibility of using such equipment with the owner who lives in Kansas and so it is a work in progress.  She does not have funds to make such a purchase at this time.

 

Ms. Shaw stated she has talked to Amy Meier who is helping her with training materials and has provided signs for their store about not selling to minors. They are also getting some training from the Police Department.

 

Council member Buschkoetter stated signage is good, but believed there is cause for concern because of the three past violations.  He suggested that Mr. Shaw strongly convey to her owner the importance of what has gone on in the past and caution him about the future.

 

Mayor Clouse stated that the Council considers three violations serious, despite who the manager was at the time.  Regarding this establishment, the Council and the community are not happy with three violations. 

 

City Clerk stated that it was decided regarding license holders with violations that at the time of renewal, it would be brought to the Council’s attention.  At that time, the Council could decide if the license holder needed to fill out the long form application to renew.  This does not apply to change of manager, only to renewals. 

 

Moved by Buschkoetter seconded by Clouse to approve the Manager Application for Tara Shaw submitted by KB&KS Investments, LLC, dba “Valero” in connection with their Class B-64700 liquor license located at 414 2nd Avenue. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

AWARD BID FOR PURCHASE OF FIRE PUMPING APPARATUS

 

Mayor Clouse opened for discussion the bids received for the purchase of a Fire Pumping Apparatus for the Kearney Volunteer Fire Department and approve Resolution No. 2007-228 awarding the bid to Smeal in the amount of $421,320.00.

 

Fire Chief Jerry Thompson presented this matter to the Council. The Fire Department formed a committee (Todd Walton, Brian Wolfe, Terry Eirich, Steve Johnson, Brad Anderson, and Dan Thompson) to write specifications in order to replace an existing fire engine at Station 2 based on the fact it is close to reaching its anticipated service life as a front line fire apparatus. During this process the committee met with five different prospective builders, three of whom currently have apparatus in the Fire Department fleet and two who do not.  The committee developed a set of generic specifications that would allow all bidders a fair chance of being awarded the bid.

 

The City advertised and accepted bids for the purchase of a custom fire pumping apparatus.  On August 23, 2007 the following bids were received:

 

Bidder

Total Bid

Ed M. Feld Equipment Co./Toyne

113 North Griffith Road

Carroll, IS 51401

 

$414,944.00

Smeal Fire Apparatus Co.

610 West Fourth Street

P.O. Box 8

Snyder, NE 68664

 

$421,320.00

FireGuard Inc/Crimson

4404 South 76th Circle

Omaha, NE 68127

 

$454,197.00

Sutphen Corporation

7000 Columbus-Marysville Road

P.O. Box 0158

Amlin, OH 43002-0158

 

$464,963.00

Fyr-Tek/American LaFrance

2412 Avenue G

Gothenburg, NE 69138

 

$468,294.00

 

The committee then evaluated all five sets of proposed specifications without the knowledge of the bid amounts.  The committee requested this in order to fairly evaluate the bids based on how the truck was to be built instead of the cost. Following this evaluation of the specifications, the committee determined that the purchase of a fire engine from either Smeal or Sutphen would be in the City’s best interest. The committee made this recommendation based on the fact that one set of specifications was not specific enough to ensure a truck would be built to match our current operations, one truck would not physically fit in the station due to overall length and one truck utilized a transmission that the committee believed was too small for the application and would cause it to fail during its expected service life.

 

Moved by Clouse seconded by Kearney to approve the bids received for the purchase of a Fire Pumping Apparatus for the Kearney Volunteer Fire Department and approve Resolution No. 2007-228 awarding the bid to Smeal in the amount of $421,320.00. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-228

 

            WHEREAS, the City of Kearney has reviewed the sealed bids which were opened on August 23, 2007 at 2:00 p.m. for the purchase of a custom fire pumping apparatus to be used by the Kearney Volunteer Fire Department; and

            WHEREAS, the said engineers have recommended the bid offered by Smeal Fire Apparatus Co. from Snyder, Nebraska 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 Smeal Fire Apparatus Co. be and is the lowest responsible bidder for the purchase of a custom fire pumping apparatus to be used by the Kearney Volunteer Fire Department to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Smeal Fire Apparatus Co. in the sum of $421,320.00 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 23RD DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

AWARD BID FOR NORTHWEST WELL FIELD, PHASE III (ELECTRICAL CONTROL SYSTEM)

 

Mayor Clouse opened for discussion the bids received for the Northwest Well Field, Phase III (Electrical Control System) and approve Resolution No. 2007-229 awarding the bid to Technical Maintenance and Service Co. in the amount of $231,000.00.

 

Chris Miller from Miller & Associates presented this matter to the Council. On October 16, 2007 the City received bids for the Northwest Well Field, Phase III, Control System. Two bids were received for the Control System. The low bid was submitted by Technical Maintenance and Service Company in the amount of $231,000.00 which is $70,500.00 below the engineer’s estimate of $301,500.00. The completion date of the project is March 30, 2008.

 

Moved by Kearney seconded by Lammers to approve the bids received for the Northwest Well Field, Phase III (Electrical Control System) and approve Resolution No. 2007-229 awarding the bid to Technical Maintenance and Service Co. in the amount of $231,000.00. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-229

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on October 16, 2007 at 2:00 p.m. for the Northwest Well Field, Phase III (Electrical Control System); and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $301,500.00; and

WHEREAS, the said engineers have recommended the bid offered by Technical Maintenance and Service Co. from Lincoln, Nebraska 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 Technical Maintenance and Service Co. be and is the lowest responsible bidder for the Northwest Well Field, Phase III (Electrical Control System) to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Technical Maintenance and Service Co. in the sum of $231,000.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the Northwest Well Field, Phase III (Electrical Control System) in the amount of $301,500.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 2007.

 

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ORDINANCE NO. 7384 – ANNEXATION OF 5.88 ACRES ADJACENT TO WASTEWATER TREATMENT PLANT

 

Mayor Clouse stated that Section 16-404 of the Nebraska Revised Statutes provides ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the council members vote to suspend this requirement.  However, such requirement shall not be suspended for any ordinance for the annexation of territory.  Therefore, the title of Ordinance No. 7384 shall be read on three different days. The first reading took place on September 25, 2007. 

 

Moved by Lammers seconded by Lear that Ordinance No. 7384 to extend the boundaries and include with the corporate limits of, and to annex to the City of Kearney, Nebraska, a tract of land being part of accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northeast corner of Government Lot 7 in said Section 8 and assuming the east line of said Government Lot 7 as bearing S00°10”49”W and all bearings contained herein are relative thereto; thence S00°10’49”W and on said east line a distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45 feet to the actual place of beginning; thence S82°52’34”W continuing on the aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to said east line a distance of 637.23 feet to the centerline of the North Channel of the Platte River; thence N48°59’35”E on said centerline a distance of 21.56 feet; thence N42°06’13”E continuing on said centerline a distance of 95.81 feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said centerline N00°10”19”E parallel with said east line a distance of 598.32 feet to the place of  beginning, containing 5.88 acres, more or less, all located in Buffalo County, Nebraska be placed on third reading and that the ordinance be read by title on three different days. 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, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried. City Clerk read Ordinance No. 7384 by title only.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7384 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7384 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.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $1,962.63, NPPD - $73,245.11, SCHOOL DISTRICT #7 - $3,026.80

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $1,962.63 payable to Platte Valley State Bank, and in the amount of $73,245.11 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.

 

Moved by Clouse seconded by Kearney that Open Account Claims in the amount of $3,026.80 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Kearney, Lear. Nay: None. Buschkoetter and Lammers abstained. Motion carried.

 

VII.    REPORTS

 

UPDATE ON CAPITAL IMPROVEMENT PROJECTS

 

City Manager Michael Morgan updated the Council on the Capital Improvement Projects.  He provided the following information:

 

City of Kearney

Special Sales Tax - Capital Improvements/Equipment Fund

Annual Report

September 30, 2007

 

 

 

 

 

 

 

 

 

Project

 

Actual

 

 

Number

 

2005-2006

 

2006-2007

Revenues:

 

 

 

 

 

 

Sales tax

 

 

 

925,307.94

 

2,943,239.27

Interest

 

 

 

5,578.74

 

78,934.05

     Total revenues

 

 

 

930,886.68

 

3,022,173.32

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Expenditures by Project:

 

 

 

 

 

 

Senior Center

 

01002

 

 

 

11,400.00

Plans for Fire Station Number 2 addition

 

15001

 

 

 

4,500.00

Firefighter training complex improvements

 

15002

 

 

 

49,978.05

Dumptruck

 

20001

 

 

 

74,242.00

ADA curb/ramp improvements

 

24001

 

 

 

660.00

CDBG Revitalization Grant match (Phase I, Part I)

 

24002

 

10,473.45

 

75,295.90

Miscellaneous street repairs

 

24003

 

 

 

143,770.08

CDBG Revitalization Grant match (Phase I, Part II)

 

24004

 

 

 

87,920.24

Harmon Park Activity Center

 

53001

 

52,370.80

 

1,485,087.01

Dryden Park restroom

 

53002

 

 

 

125,574.06

Trail under South 2nd Avenue

 

53003

 

 

 

10,000.00

Harmon Park Activity Center furnishings

 

53004

 

 

 

32,841.89

     Total expenditures

 

 

 

62,844.25

 

2,101,269.23

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fund balance

 

 

 

868,042.43

 

1,788,946.52

 

 

                                                                                                                                                           

 

HARMON PARK ACTIVITYCENTER                                                          FUNDING: Special Sales Tax

 

ESTIMATED COST: $1,900,000                                                  COMPLETION DATE: November 2007

 

SCOPE OF PROJECT: Two level all purpose facility – 15,000 square feet. Includes elevator and kitchen.

 

STATUS OF PROJECT: Flooring, interior painting, and final exterior work remaining. Substantial completion October 12, 2007.

                                                                                                                                                           

 

NORTHWEST WELL FIELD                                                                        FUNDING: Water User Fees

 

ESTIMATED COST: $9,934,673                                                             COMPLETION DATE: April 2008

 

SCOPE OF PROJECT: Phase 1 - Construction of 9 wells, 7.4 million gallons daily capacity. Phase 2 – construction of 8 miles of water transmission main. Phase 3 – construction of a water conditioning building located at the Landfill.

 

STATUS OF PROJECT: Phase 1 – 90% complete. Phase 2 – Council awarded the bid to Starostka Group Unlimited of Grand Island, NE in the amount of $4,098,297.20. Work has begun. Phase 3 – Bid A for the water conditioning building was awarded to Eriksen Construction of Blair, NE in the amount of $410,900. Both bids received for Bid B, the SCADA Control System, were rejected and will be re-bid October 16, 2007.

                                                                                                                                                           

 

39th STREET IMPROVEMENTS                                                               FUNDING: Special Sales Tax

 

ESTIMATED COST: $2,772,851                                                    COMPLETION DATE: December 2007

 

SCOPE OF PROJECT: Total street reconstruction – 2nd Avenue to Pony Express Road. Includes new traffic signal at Avenue A and 39th Street.

 

STATUS OF PROJECT: Underground utilities are complete. Midland’s is working on the retaining wall between Avenue A and Central Avenue on the north side of 39th Street. Blessing is planning on paving the south part of 39th Street on Thursday, October 4.

                                                                                                                                                           

 

CEMETERY ROAD IMPROVEMENTS                                            FUNDING: Street Improvement Fund

 

ESTIMATED COST: $130,000                                                      COMPLETION DATE: September 2007

 

SCOPE OF PROJECT: Phase 5 of 6 - Replacement of existing asphalt roads with concrete.

 

STATUS OF PROJECT: Completed; staff seeding edges.

                                                                                                                                                           

 

SOUTH 2nd AVENUE BEAUTIFICATION                                    FUNDING: Special Sales Tax/St. Impr.

 

ESTIMATED COST: $435,168                                                             COMPLETION DATE: Spring 2008

 

SCOPE OF PROJECT: Part of a NDOR project – resurfacing from 11th Street south to county line including overlay of 1-80 overpass. City portion includes installation of curbing along medians, landscaping improvements, and replace wood street light poles with metal street lights installed in medians from 4th Street to 11th Street.

 

STATUS OF PROJECT: Contractor is working on the I-80 overpass and concrete panel replacement. Landscaping and sprinkler plans have been submitted and approved by NDOR with anticipated completion in spring 2008.

                                                                                                                                                           

 

FIRE STATION #1 IMPROVEMENTS                                              FUNDING: Public Safety Bonds Tax

 

ESTIMATED COST: $532,901                                                                 COMPLETION DATE: Fall 2007

 

SCOPE OF PROJECT: Construction of parking lot and storage building north of Station. Façade improvements and minor remodeling of Station.

 

STATUS OF PROJECT: Foundation is in for storage building. Steel beams to be erected October 3, 2007.

                                                                                                                                                           

 

HARVEY PARK TENNIS COURTS                                                          FUNDING: Park Dev./CIP/Grant

 

ESTIMATED COST: $206,295 ($41,295 Grant)                                         COMPLETION DATE: Fall 2007

 

SCOPE OF PROJECT: Replacement of four (4) tennis courts. Site work $19,500 plus construction bid $174,571 = $194,071.

 

STATUS OF PROJECT: Slab poured September 27. Thirty day cure before surface can be applied. Weather will determine whether completed in fall 2007 or spring 2008.

                                                                                                                                                           

 

GRAVEL STREET – CONCRETE REPLACEMENT                                      FUNDING: Special Sales Tax

 

ESTIMATED COST: $400,000 ($200,000 City)                                  COMPLETION DATE: Summer 2008

 

SCOPE OF PROJECT: 50% reduction of assessments to residential property owners that successfully create paving district.

 

STATUS OF PROJECT: Three districts created and under design 9th Avenue from 13th Street to 14th Street, 9th Avenue from 16th Street to 19th Street, and 14th Street from 6th to 9th Avenue. Estimated cost for all three districts is $580,000.

                                                                                                                                                           

 

CDBG REVITILAZTION GRANT (Phase 2)                                   FUNDING: Special Sales Tax & CDBG

 

ESTIMATED COST: $295,002 ($141,501 City)                                     COMPLETION DATE: August 2008

 

SCOPE OF PROJECT: Paving of 14th Street from Avenue I to Avenue K. Avenue I from 14th Street to 15th Street, Avenue D from 11th Street to 13th Street.

 

STATUS OF PROJECT: Bid will go to City Council on Tuesday, October 9 for approval with a spring 2008 start date for construction.

                                                                                                                                                           

 

SAFE ROUTES TO SCHOOL PROGRAM                                     FUNDING: Special Sales Tax & Grant

 

ESTIMATED COST: $400,000 ($150,000 City)                                  COMPLETION DATE: Summer 2008

 

SCOPE OF PROJECT: Sidewalk and ADA ramps at intersections in Southwest Kearney.

 

STATUS OF PROJECT: Received Grant award. Will begin survey of kids in fall and will get quotes on digital speed readers.

                                                                                                                                                           

 

WATER LINE IMPROVEMENTS                                                                  FUNDING: Water User Fees

 

ESTIMATED COST: $320,000                                                      COMPLETION DATE: September 2007

 

SCOPE OF PROJECT: 5th Avenue from 19th Street to 18th Street. Avenue C – Railroad crossing.

 

STATUS OF PROJECT: Completed.

                                                                                                                                                           

 

MANHOLE REHABILITATION                                                            FUNDING: Wastewater User Fees

 

ESTIMATED COST: $150,000                                                          COMPLETION DATE: Summer 2008

 

SCOPE OF PROJECT: Project in conjunction with Buffalo County project – paving of 11th Street from Avenue M to Cherry Avenue.

 

STATUS OF PROJECT: County Agreement approved by City Council at July 10, 2007 Council meeting. County has decided to delay the bid until spring 2008. City is planning to move forward with the manhole rehabilitation project ahead of the paving. City Council approved the plans and specifications on September 25. Bids will be received on October 26, 2007.

                                                                                                                                                           

 

3RD AVE. & 4TH ST. INTERSECTION IMPR.                                 FUNDING: Street Improvement Fund

 

ESTIMATED COST: $250,000 ($175,000 City)                                  COMPLETION DATE: Summer 2008

 

SCOPE OF PROJECT: Possible traffic signal and intersection widening and new bridge.

 

STATUS OF PROJECT: Traffic study completed recommending a new bridge and widening of the roadway from 2nd Avenue to 300’ west of 3rd Avenue with intersection radius and left-turn lane improvements. A traffic signal is not recommended at this time. This project is currently under design to be bid this winter with an anticipated spring construction start date.

                                                                                                                                                           

 

CONSTRUCT CELL 7 – LANDFILL                                                           FUNDING: Landfill User Fees

 

ESTIMATED COST: $1,000,000                                                          COMPLETION DATE: August 2008

 

SCOPE OF PROJECT: Construct additional cell for landfill waste.

 

STATUS OF PROJECT: Design Fall 2007 – Bid March 2008.

                                                                                                                                                           

 

LANDFILL TIPPING STATION                                                                  FUNDING: Landfill User Fees

 

ESTIMATED COST: $750,000                                                         COMPLETION DATE: February 2008

 

SCOPE OF PROJECT: Paved unloading area for customers with shell building.

 

STATUS OF PROJECT: Bid awarded to Central Contracting in the amount of $440,470. Central Contracting began work on August 27, 2007. The initial dirt work has been completed and footings and floor will be constructed next.

                                                                                                                                                           

 

16th STREET IMPROVEMENTS                                                                  FUNDING: Assessed – 100%

 

ESTIMATED COST: $350,000                                                                 COMPLETION DATE: Fall 2007

 

SCOPE OF PROJECT: Replace existing gravel street with concrete from Avenue M east 747’.

 

STATUS OF PROJECT: Completed.

                                                                                                                                                           

 

39th STREET & 17th INTERSECTION                                           FUNDING: Street Improvement Fund

 

ESTIMATED COST: $300,000                                                                 COMPLETION DATE: Fall 2008

 

SCOPE OF PROJECT: Add protected left turn lanes on 39th Street and traffic signal upgrades.

 

STATUS OF PROJECT: Under design. Anticipate spring 2008 construction start.

                                                                                                                                                           

 

39th STREET PONY EXPRESS RD. to AVE. M                                          FUNDING: Special Sales Tax

 

ESTIMATED COST: $3,600,000                                                              COMPLETION DATE: Fall 2010

 

SCOPE OF PROJECT: Reconstruction of 39th Street including intersection upgrades at Ave. E.

 

STATUS OF PROJECT: On hold until 2010.

                                                                                                                                                           

 

APOLLO BASKETBALL COURT LIGHTING                                              FUNDING: Special Sales Tax

 

ESTIMATED COST: $50,000                                                                   COMPLETION DATE: Fall 2007

 

SCOPE OF PROJECT: Lighting of basketball courts.

 

STATUS OF PROJECT: Project to begin mid-October. NPPD completing new service to area.

                                                                                                                                                           

 

Council member Buschkoetter suggested moving up the time frame for the lights at Centennial Park. The cost of the project is approximately $100,000.00, but he believed a little over due since it is used so much in the summer. The lighting is substandard based on the lighting that is in other community parks. This field is literally used Monday-Thursday nights during the course of the summer for ball games.  City Manager stated with the fund balance, that project could possibly be moved and will be discussed in the near future.

 

Mayor Clouse stated that he agreed with the airport project and suggested a study session to discuss and make a good plan for the improvements. 

 

City Manager stated that the five or six major programs that the City has committed to are either already funded or completed.  The benefit of leaving a good fund balance is to help with projects that come in on short notice, such as the Apollo Park In-line Skating.  We have sufficient funds available to do some of those projects.  We need to consider if it is to our advantage to pay cash for some these projects versus debt service. 

 

Council member Lammers asked if there is a possibility to slide up the timeframe of the Senior Center. City Manager stated there would be a possibility depending on the Federal Grant. They are still hoping for the million dollars. Assistant City Manager Amber Brown stated they will not know for sure about the grant until next spring.  She stated that they have contacted Congressman Adrian Smith’s office to ask his support of this.  The earmark was included in the Senate version of the bill, but not the House version of the bill. They hope to have the Congressman come here and look at Yanney Park to see that we need his support. 

 

Mayor Clouse also wanted to keep the projects in the forefront that will beautify the entrance to the City.  That obviously helps with the economic development piece which in turn perpetuates the growth of the sales tax.

 

Director of Finance and Administration Wendell Wessels stated that the City will have a public hearing at the first Council meeting in February 2008.  Information will be sent out to the public and it will be posted on the website in January as we did last year. This will give the public opportunity for input.  Mayor Clouse stated they will also be doing more listening sessions next year.

 

VIII.    ADJOURN

 

Moved by Clouse seconded by Kearney that Council adjourn at 7:52 p.m. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK