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Kearney, Nebraska

November 25, 2003

7:30 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on November 25, 2003 in the Council Chambers at City Hall.  This meeting adjourned at 7:40 p.m.  A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:41 p.m. in the Council Chambers at City Hall.  Present were:  Bruce L. Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley.  Absent: Don Kearney.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant 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: Gary Story, Mike Gargan, Jim Fox, Marvon Reichert, Jolissa May, 2 UNK students, Mike Konz 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 C.J. Willis from Good Samaritan Hospital provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Zach Seton, Kent Laue and Matt Jensen led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – GARY STORY AND MIKE GARGAN

 

Mayor Blankenship and Council Members recognized Gary Story for 30 years of service with the Public Works/Transportation Division.  He was presented a watch and a savings bond.

 

Mayor Blankenship and Council Members also recognized Mike Gargan for 25 years of service with the Utilities/Sanitary Sewer Division.  He was presented a watch and a savings bond.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING - SOUTH OF 56TH STREET LYING WEST OF NORTHRIDGE RETIREMENT SUBDIVISION

 

Mayor Blankenship stated the City received a letter from the applicant withdrawing their application to rezone property located south of 56th Street lying west of Northridge Retirement Subdivision (proposed North Park Second Addition).

 

FINAL PLAT – NORTH PARK SECOND ADDITION

 

Mayor Blankenship stated the City received a letter from the applicant withdrawing their application for final plat approval for “NORTH PARK SECOND” property located south of 56th Street lying west of Northridge Retirement Subdivision.

 

DEVELOPMENT PLANS - SOUTHEAST CORNER OF THE 39TH STREET AND 28TH AVENUE INTERSECTION

 

Moved by Buschkoetter seconded by Blankenship to remove from the table the public hearing on development plan approval for property located at the Southeast corner of the 39th Street and 28th Avenue intersection. Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent. Motion carried.

 

Mayor Blankenship stated that the applicant submitted a letter to the City Clerk withdrawing this matter from the agenda from any further consideration.

 

PROPOSED ACQUISITION – PERMANENT SANITARY SEWER EASEMENT; O & O FARMS INC.

 

Mayor Blankenship opened the public hearing on the proposed acquisition of a Permanent and Temporary Sanitary Sewer Easement on a tract of land located in the Southeast Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and to consider Resolution No. 2003-195.

 

Kirk Stocker Director of Utilities presented this matter to the Council. At the September 23, 2003 Council meeting the Council approved a Subdivision/Infrastructure Agreement for Sixth Street Second Addition.  Part of that agreement required the Developer of Sixth Street Second Addition to build a sanitary sewer main across property owned by O & O Farms Inc.  Construction of the gravity sewer main across the O & O Farms property allowed the Developer to avoid the cost of constructing a sanitary sewer pumping station and instead allowed more property to be served with sewer.

 

State Statutes require that whenever a municipality takes an interest in real property that they do so only after conducting a public hearing on the acquisition.

 

In the Agreement, O & O Farms Inc. agreed to grant the City an easement for the sanitary sewer and agreed to pay a connection fee to connect to the sanitary sewer in the future. The City agreed to require the Developer of Sixth Street Second Addition to replace topsoil on the field after the sewer main was constructed and to require that the Developer pay for the cost to construct the sanitary sewer main at no cost to O & O Farms at this time.

 

The Agreement and the Easement are necessary to document the terms associated with the construction of a gravity sanitary sewer main to serve Sixth Street Second Addition as it crosses property owned by O & O Farms Incorporated.  O & O Farms granted an easement and agreed to pay a connection fee in the future when the property connects to the sanitary sewer main.  The agreement and the easement will be filed at the Register of Deeds Office at the Buffalo County Courthouse.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Clouse to close the hearing and approve the proposed acquisition of a Permanent and Temporary Sanitary Sewer Easement on a tract of land located in the Southeast Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and approve Resolution No. 2003-195.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.

 

RESOLUTION NO. 2003-195

 

            WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for sanitary sewer purposes and voted in favor to proceed with the acquisitions; and

            WHEREAS, O & O Farms Inc. of Kearney, Nebraska, has granted to the City of Kearney, Nebraska, a Permanent and Temporary Sanitary  Sewer Easement as follows:

Permanent Sanitary Sewer Easement

A strip of land being 20.0 feet in width located in the Southeast Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, with the centerline of said 20.0 foot wide strip of land being more particularly described as follows:  Referring to the Southwest Corner of the Southwest Quarter of the Northeast Quarter of said Section 12 and assuming the West line of the Southwest Quarter of the Northeast Quarter as bearing N01°15’45”W and all bearings contained herein are relative thereto; thence N01°15’45”W and on the West line of the Southwest Quarter of the Northeast Quarter of said Section 12 a distance of 677.54 feet to a point on the centerline of 6th Street, a street in the City of Kearney, Buffalo County, Nebraska with said street also being platted and dedicated as shown on the original plat of Sixth Street Second Addition; an addition to the City of Kearney, Buffalo County, Nebraska; thence N89°32’06”E and on the centerline of said 6th  Street a distance of 667.23 feet to a point on the East line of said 6th Street Second Addition; thence N89°32’06”E and on the center line of said 6th Street (if extended Easterly) a distance of 667.38 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the West line of the Southeast Quarter of the Northeast Quarter of said Section 12; thence continuing N89°32’06”E and on the centerline of said 6th Street (if extended Easterly) a distance of 1,334.02 feet to the point of termination, said point of termination being on the East line of the Southeast Quarter of the Northeast Quarter of said Section 12, all in Buffalo County, Nebraska.

Temporary Construction Easement

A strip of land being 100.0 feet in width located in the Southeast Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, with the centerline of said 100.0 foot wide strip of land being more particularly described as follows:  Referring to the Southwest Corner of the Southwest Quarter of the Northeast Quarter of said Section 12 and assuming the West line of the Southwest Quarter of the Northeast Quarter as bearing N01°15’45”W and all bearings contained herein are relative thereto; thence N01°15’45”W and on the West line of the Southwest Quarter of the Northeast Quarter of said Section 12 a distance of 677.54 feet to a point on the centerline of 6th Street, a street in the City of Kearney, Buffalo County, Nebraska with said street also being platted and dedicated as shown on the original plat of Sixth Street Second Addition; an addition to the City of Kearney, Buffalo County, Nebraska; thence N 89°32’06” E and on the centerline of said 6th  Street a distance of 667.23 feet to a point on the East line of said 6th Street Second Addition; thence N89°32’06”E and on the center line of said 6th Street (if extended Easterly) a distance of 667.38 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the West line of the Southeast Quarter of the Northeast Quarter of said Section 12; thence continuing N89°32’06”E and on the centerline of said 6th Street (if extended Easterly) a distance of 1,334.02 feet to the point of termination, said point of termination being on the East line of the Southeast Quarter of the Northeast Quarter of said Section 12, all in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Permanent and Temporary Sanitary Sewer Easement granted by O & O Farms Inc. of Kearney, Nebraska to the City of Kearney be and is hereby approved and accepted.

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Clouse seconded by Hadley that Subsections 1 through 15 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held November 11, 2003.

 

2.         Approve the following Claims: Alltel $1,192.94 Serv; American Fence $15,200.00 Equip; Anderson Bros Electric $3,261.66 Various; AT&T $139.21 Serv; Baker & Taylor Books $2,218.49 Bks; Bamford $201.76 Rep; BlueCross BlueShield of NE $15,528.11 Claims; Books on Tape $627.60 Bks; Bosselman Oil $98.90 Inv; Broadfoot Sand $1,395.00 Su; Buffalo Air Service $309.00 Lease; Buffalo Co $25.00 License; Buffalo Co Dist Court $70.00 Ded; Buffalo Co Reg of Deeds $303.00 Serv; Buggy Bath $1,500.00 Rep; Caruso, W $10.23 Ref; Cash-Wa $762.40 Su; Central Electronics $14.80 Rep; Central Fire $185.00 Rep; Certified Power $311.00 Su; Charter Media $400.00 Serv; Chesterman $589.90 Su; Christensen, B $6.61 Ref; City of Ky $8,128.38 Various; College Savings Plan $295.00 Ded; Corp Div Svcs $5,369.06 Claims; Creative $337.47 Bks; Cullen, M $13.31 Cla; Culligan $41.81 Various; Czaplewski, J $29.93 Ref; Daniels, D $17.35 Ref; Danielson, S $190.00 Tr; Davidson's Plbg $94.64 Rep; Dawson Co PPD $14,987.01 Serv; Deeter Foundry $751.00 Serv; Depository Trust $93,636.25 Int; DLT Solutions $15,836.00 Serv; DPC $3,864.60 Su; Dutton-Lainson $1,276.50 Various; E&S Tools $645.95 Tools; Eakes  $1,624.69 Various; Ehrhart Griffen $10,088.75 Serv; Elliott Equipment $813.95 Rep; Engels, D $9.48 Su; Fairbanks $20.22 Lease; Farm Plan $204.60 Various; Farmers Union $378.00 Serv; Fedex $106.67 Serv; Flood, J $23.71 Ref; Fort Bend Svcs $8,043.75 Su; Fremont Nat'l Bank $43,176.29 Various; Frontier $8,110.54 Serv; Gale Group $547.34 Bks; Garrett Tires $9,739.03 Su; Gary's I-80 $535.00 Serv; Gear for Sports $135.69 Inv; Goodner, D $35.00 Tr; Great Plains One-Call $389.58 Serv; H&G Cleaners $264.67 Serv; Harshbarger, K $96.60 Tr; Hazen, K $14.00 Ref; Heartland Coop $2,050.45 Inv; Hotsy Equipment $322.71 Rep; ICMA RC $2,543.15 Ded; IRS $77,603.58 Ded; Jack Lederman Co $235.76 Various; Junior Library Guild $2,503.20 Bks; Ky Chamber of Commerce $220.00 Dues; Ky Clinic $168.00 Serv; Ky Concrete $4,663.54 Su; Ky Crete & Block $45.00 Rep; Ky Hub $3,163.45 Serv; Ky Implement $11,269.30 Rep; Ky Winlectric $26.77 Rep; Kirkham Michael $5,030.00 Serv; Kowalek, G $220.10 Tr; Kuefner, R $9.86 Ref; Laughlin, K $254.00 Ded; Lewis, D $126.60 Tr; Linweld $68.14 Various; Maines Electric $1,577.00 Rep; Marchand, M $254.35 Tr; Mashek, J $12.36 Ref; Masters, R $9.53 Ref; Mid-State Engineering $8,511.25 Serv; Mid-State Units $150.00 Equip; Midwest Turf $292.59 Rep; Mieth, T $45.57 Cla; Miller & Associates $2,146.25 Serv; Municipal Pipe Tool $156.23 Rep; Municipal Supplies $4,885.16 Inv; Nat'l Alliance for Youth Sports $80.00 Certifications; Nat'l Paper Supplies $146.44 Su; NCPA $210.00 Tr; NE Child Support $978.49 Ded; NE Dept of Env Quality $6,900.00 Various; NE Dept of Revenue $36,069.84 Taxes; NE Golf Association $96.00 Dues; NE Liquor Control Comm $40.00 Fee; NE Machinery $2,106.74 Various; NE Wine & Spirits $10.60 Su; NE Health & Human Services $285.00 Serv; NEland Conf of Bldg Officials $145.00 Dues; Nelson, A $5.14 Ref; Neumann Co Contractors $66,330.00 Serv; New World Systems $2,240.00 Software; Northwestern Public Service $1,238.69 Serv; Officenet $33.34 Su; O'Keefe Elevator $172.65 Rep; Oliver, K $19.87 Ref; P.E.P. $47.25 Rep; Paradigm Ins Group $16,188.98 Prem; Paramount Linen & Uniform $293.55 Various; Paulsen $127,663.04 Serv; Payne Larson $1,500.00 Rep; Personal Touches Embroidery $345.59 Serv; Petroleum Equipment $543.09 Inv; Preferred Mail $68.76 Pstg; Presto Sales $1,620.63 Rep; Presto-X $138.00 Serv; RDG Crose Gardner Shukert $1,000.00 Serv; Ready Mixed Concrete $8,952.63 Su; Recorded Books $320.85 Bks; Reserve Account $8,000.00 Pstg; Sagebrush $460.32 Bks; School Dist #7 $7,336.75 Remit; See Clear Cleaning $1,950.00 Serv; Sheldon, S $61.51 Cla; Sidlo, E $40.00 Ref; Sixel Consulting Group $3,599.00 Serv; Smith, J $7.35 Ref; Snap On Tools $150.00 Su; Solid Waste Agency $4.00 Fee; Solid Waste Equipment $5,410.00 Equip; Sungard $4,654.98 Serv; Super Shine $8.50 Rep; T&B Cleaning $1,543.90 Serv; Terri's Shrub Design $550.00 Rep; Theis, G $247.47 Tr; Thomas T. Beeler Publications $315.95 Bks; Tielke's Sand $250.60 Serv; Titleist Drawer $545.00 Inv; Trembly, M $65.68 Pc; Unico Group $2,488.00 Prem; Union Oil $307.53 Rep; UNK Human Resources Dept $1,000.00 Serv; UPS $151.94 Rep; Urbanek, T $190.00 Tr; Utility Equipment $774.12 Inv; Washington State Support $102.01 Ded; Wellness Council $76.80 Wellness; Wells Fargo $607.50 Su; Wereveka, L $348.00 Purchase Space; Wilke-Donovan $18.95 Rep; Winter, J $20.00 Ref; Woods & Aitken $664.01 Serv; Xerox $242.00 Serv; Payroll Ending 11-15-2003 -- $237,845.15.  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 December 9, 2003 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         Approve the Agreement between the City of Kearney and O & O Farms Inc. for the construction of public improvements to serve Sixth Street Second Addition and approve Resolution No. 2003-196. (Pertains to Public Hearing 4.)

 

RESOLUTION NO. 2003-196

 

BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement, on behalf of the City of Kearney, Nebraska, with O & O Farms Inc. of Kearney, Nebraska, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve the request submitted by Robbi Kirk to extend Conditional Use Permit No. 2000-11 to locate a daycare at 1411 East 33rd Drive for a period of one year.

 

6.         Approve the request submitted by the Kearney Family YMCA to conduct the Turkey Trot on November 27, 2003 beginning at 9:00 a.m. The route for the race is to begin/finish at the YMCA, south on 7th Avenue, east on 42nd Street, south on 6th Avenue, west on 35th Street, and south on Country Club Lane to The Buckle and back.

 

7.         Approve Application and Certificate for Payment No. 5 in the amount of $83,459.61 submitted by Blessing, L.L.C. in connection with the 2003 Part II Improvements consisting of Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive and approve Resolution No. 2003-197.

 

RESOLUTION NO. 2003-197

 

WHEREAS, Blessing, LLC has performed services in connection with the 2003 Part II Improvements consisting of Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 5 in the amount of $83,459.61 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,042,501.30

 

 

Contract Sum To Date

1,042,501.30

Gross Amount Due

959,157.00

Retainage 2%

19,183.14

Amount Due to Date

939,973.86

Less Previous Certificates for Payment

    856,514.25

 

 

Current Payment Due

$    83,459.61

 

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

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve Application and Certificate for Payment No. 3 in the amount of $397,835.57 submitted by Blessing, L.L.C. in connection with the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue and approve Resolution No. 2003-198.

 

RESOLUTION NO. 2003-198

 

WHEREAS, Blessing LLC has performed services in connection with the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue, and the City’s engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $397,835.57 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$765,928.50

     Change Order No. 1 (09-23-2003)

+    4,530.00

Contract Sum to Date

 

Total Completed and Stored to Date

Retainage 5%

Total Earned Less Retainage

Less Previous Payments

 

Current Payment Due

$770,458.50

 

623,196.41

31,159.82

592,036.59

   194,201.02

 

$397,835.57

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 3, as shown on Exhibit “A” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Approve Change Order No. 5 for an increase in the amount of $468.00 submitted by BD Construction-Kearney for the Vehicle Storage Facility located at 1212 East 26th Street and approve Resolution No. 2003-199.

 

RESOLUTION NO. 2003-199

 

            WHEREAS, on January 28, 2003 the City Council approved the Plans and Specifications for the Vehicle Storage Building; and

            WHEREAS, on February 25, 2003 the City Council awarded the bid for the construction of the Vehicle Storage Building to BD Construction Inc. in the amount of $168,490.00; and

            WHEREAS, on June 10, 2003 the City Council approved Change Order No. 1 in the amount of $2,610.59 for additional insulation in the ceiling due to thicker ceiling supports and for an increase in the size of water system piping; and

            WHEREAS, on July 22, 2003 the Council approved Change Order No. 2 in the amount of $29,335.43 to construct the break room, bathroom and office; and

            WHEREAS, on September 23, 2003 the Council approved Change Order No. 3 in the amount of $424.72 for additional work to relocate the water closet sanitary line to meet ADA standards and for adding three plastic laminate clad windowsills; and

            WHEREAS, on September 23, 2003 the Council approved Change Order No. 4 in the amount of $1,676.63 for additional work to enclose the fire sprinkler check valve and alarm system in a closet type enclosure and for relocating two light switches to a location on an adjacent wall where they can be more readily accessible; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 5 showing an increase in the amount of $468.00 for additional work to install a trap primer in the condensate line from the air conditioner to keep the trap wet all of the time, and for installing additional wood blocking in the walls to support a telephone and a small writing counter near the employee work bench, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price

$168,490.00

Change Order No. 1 (06-10-2003)

Change Order No. 2 (07-22-2003)

   +    2,610.59

+  29,335.43

Change Order No. 3 (09-23-2003)

+       424.72

Change Order No. 4 (09-23-2003)

+    1,676.63

Change Order No. 5 (11-25-2003)

+       468.00

New Contract Price

$203,005.37

 

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

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

10.        Approve the application for deferral of special assessments submitted by RHOJCOAMT Partnership, Ltd. in connection with Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue.

 

11.        Approve Change Order No. 3 showing an increase in the amount of $16,931.50 submitted by Interstate Structures, Inc. in connection with the Kearney Area Recycling Center located at 3007 East 39th Street and approve Resolution No. 2003-200.

 

RESOLUTION NO. 2003-200

 

            WHEREAS, on February 25, 2003 the City Council awarded the bid for the Kearney Area Recycling Center located at 3007 East 39th Street in the amount of $1,293,179.00 to Interstate Structures, Inc.; and

            WHEREAS, the following are the reasons for Change Order No. 3: providing longer cords for the lights in the recycling area so that the light fixtures are the proper height above the floor for a cost of $1,677.00, reworking the exhaust vents in the truck storage area to avoid being in conflict with the overhead door opener for a cost of $958.00, adding a 40 foot by 70 foot area of paving to allow easier access to the building for a cost of $7,892.50, installing an extra 120 feet of sewer service line to the existing City sewer main $2,689.50, adding an additional light fixture in the wash bay and in the north front soffit, material and labor for trimming out 34 skylights in the amount of $4,725.00, deleting an overhead door and the door framing wall for the door with the City keeping the door for a credit in the amount of $1,753.00; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 3 showing an increase in the amount of $16,931.50, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price

$1,293,179.00

Change Order No. 1 (09-09-2003)

+     8,827.35

Change Order No. 2 (11-11-2003)

+     5,563.03

Change Order No. 3 (11-25-2003)

+   16,931.50

New Contract Price

$1,324,500.88

 

            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 be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

12.        Approve the Mutual Aid Agreements between the Kearney Volunteer Fire Department and Suburban Fire Protection District No. 1 with the Village of Axtell, the Village of Funk, the City of Minden, and the City of Holdrege for mutual cooperation in fighting fires and other emergencies and approve Resolution No. 2003-201.

 

RESOLUTION NO. 2003-201

 

            WHEREAS, the Kearney Volunteer Fire Department have advised and recommended to the Council that it is in the best interest of the citizens of the City of Kearney that the City should participate with other citizens, districts, and governments in our area in providing mutual fire assistance; and

            WHEREAS, the Kearney Volunteer Fire Department has presented such mutual aid agreements with the Village of Axtell, the Village of Funk, the City of Minden, and the City of Holdrege to the Council for consideration, copies of which, marked Exhibits “A”, “B”, “C”, and “D” are attached hereto and made a part hereof.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska that it is to the mutual advantage of this community to join with others for mutual emergency fire assistance.

            BE IT FURTHER RESOLVED that we hereby delegate to the Chief of the Kearney Volunteer Fire Department the authority to direct such movement within the area of the mutual aid agreements in accord with the terms and conditions of the plans for such mutual assistance.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the said Mutual Aid Agreements, as set forth in Exhibits “A”, “B”, “C”, and “D”.

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

13.        Approve the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department: Shawn Munster, Thomas Foster, Seth Van Horn, Ron Voter, William (Chuck) Roe, Ryan Throckmorton, Justin Eckland, Nicholas Shoemaker, and Jared Pettit and approve Resolution No. 2003-202.

 

RESOLUTION NO. 2003-202

 

            WHEREAS, Mike Martinosky, Chief of the Kearney Volunteer Fire Department, has forwarded several names of individuals desiring to serve as volunteers in the Kearney Volunteer Fire Department; and

            WHEREAS, based on the recommendation of Chief Martinosky, the City Council of the City of Kearney, Nebraska hereby finds and determines that said persons listed are fully capable and qualified to serve a membership in the Kearney Volunteer Fire Department; and

            WHEREAS, in order to be qualified for benefits in accordance with Neb. Rev. Stat. §48-115, et seq., said volunteer firefighters acting outside the corporate limits of the City must be officially directed to do so in order to be eligible.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that those persons recommended by the Chief of the Kearney Volunteer Fire Department for membership in the Kearney Volunteer Fire Department as set forth on the attached letter of recommendation, marked Exhibit “A,” attached hereto and made a part hereof by reference, are hereby confirmed as members of the Kearney Volunteer Fire Department for the purposes of and in accordance with Neb. Rev. Stat. §48-115, and that said members are fully entitled to benefits under the Workers’ Compensation Act.

            BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit “A” are hereby specifically authorized and directed to serve outside the corporate limits of the municipality under the direction, orders and authority of the Chief of the Kearney Volunteer Fire Department in accordance with §4-204 of the Kearney City Code.

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

14.        Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and C & C Development, Central Contracting Corporation, and U.S. Bank for Eastbrooke Sixth Addition to the City of Kearney and approve Resolution No. 2003-203.

 

RESOLUTION NO. 2003-203

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement – Eastbrooke 6th Addition”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Richard L. Poston, President of C & C Development, a Nebraska General Partnership; Stephen J. Beall, President of Central Contracting Corporation; and U.S. Bank N. A., be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

15.        Approve the Lease Agreement between the City of Kearney and Cabela’s to use the water tower located at East Highway 30 for a period of ten years and approve Resolution No. 2003-204.

 

RESOLUTION NO. 2003-204

 

            WHEREAS, the City of Kearney has been making upgrades to the water system based on a facility plan approved by the City Council in 1997; and

            WHEREAS, the plan recommended improvements to the water system that would increase the supply, pumping capacity, and the amount of water stored; and

            WHEREAS, the plan also recommended that the existing two-pressure system used by the City to distribute water should become a single pressure system; and

            WHEREAS, testing of the water distribution system indicated that there may be many old water services belonging to homeowners that may not handle the increased pressure and that the City will continue to evaluate the effectiveness of implementing a single pressure system; and

            WHEREAS, the 70-year old underground storage reservoir located at Memorial Field is the key to the operation of the distribution system and is being  inspected and evaluated to determine its continued use; and

            WHEREAS, City Administration has negotiated a Lease Agreement with Cabela’s to use the water tower located at East Highway 30 to provide backup storage to operate the water system, a copy of the Lease Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference; and

            WHEREAS, leasing the water tower at Cabela’s will allow the City to continue to evaluate the feasibility of converting to a single pressure distribution system and to evaluate the impact of private water service lines associated with the conversion.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Lease Agreement negotiated by and between the City of Kearney and Cabela’s be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7001 – REZONING; SOUTH OF 56TH STREET LYING WEST OF NORTHRIDGE RETIREMENT SUBDIVISION

 

Mayor Blankenship stated that since the applicant withdrew the application to rezone property located south of 56th Street lying west of Northridge Retirement Subdivision, that Ordinance No. 7001 has also been withdrawn.

 

REDEMPTION ON COMBINED UTILITIES REVENUE BONDS, SERIES 1996

 

Mayor Blankenship opened for discussion the calling for the redemption on Combined Utilities Revenue Bonds, Series 1996 in the amount of $1,315,000.

 

This item and the next item were discussed together but voted on separately.

 

The City of Kearney currently has Combined Utilities Revenue Bonds, Series 1996 outstanding.  The currently outstanding Series 1996 Bonds were issued on May 15, 1996 with an interest coupon rate ranging from 4.80% to 5.30% and have a final maturity of May 15, 2008.  The Series 1996 bonds were issued for the purpose of financing sanitary sewer system improvements. After monitoring the municipal bond market over the past several months, it appears that the City of Kearney could save considerable interest costs by refinancing the Series 1996 Bonds.  It is estimated that the Combined Utilities Revenue Refunding Bonds, Series 2003 will have an interest rate ranging from 1.45% to 2.75% with a final maturity of May 15, 2008. The City of Kearney has an opportunity to save approximately $75,000.00 over the next five years by refinancing the Series 1996 Bonds.

 

Jim Fox from Ameritas presented this matter to the Council. In 1996 they did a partial refunding on some bonds because economically at the time it was not feasible to do the bonds that are being considered.  In order to do the proposed bonds, they are calling the balance of the 1996 issue that was not refunded.  The par amount of the proposed bonds to be issued is $1,080,000.  The transfers are the accrued debt service that the Finance Director has on hand, which will put that in as a source.  The cost of issuance is $14,160 and an additional $1,600 is needed to balance out the amount.  The cost of calling the bonds on January 5, 2004 is $1,324,210.  The cost of issuance is $12,390; Ameritas $17,070, and Bond Council is $1,770.  These are the uses and the flow of funds.  The net present value savings is $73,185 after the deduction of the above items.  The average coupon on the bonds is 2.29 percent.  The all-in is the last, which includes cost of issuances is 2.76 percent.  The interest rates are 1.35, 1.65, 2.00, 2.30, and 2.65.  The cash flow savings is $80,714.24, which is the present value of this $73,185.  Mr. Fox stated that he believed that these are excellent savings considering these savings are coming in over the next five years.  These bonds run for five years and the City does not have to extend anything.  This refunding plus the last two refunds brings the total to $218,000 on the last three issues that were all short issues.

 

Moved by Hadley seconded by Buschkoetter to approve Resolution No. 2003-205 calling for the redemption on Combined Utilities Revenue Bonds, Series 1996 in the amount of $1,315,000.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent. Motion carried.

 

RESOLUTION NO. 2003-205

 

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

 

            Section 1.  The following bonds, in accordance with their option provisions are hereby called for payment on January 5, 2004, after which date interest on the bonds will cease:

Combined Utilities Revenue Bonds, Series 1996, of the City of Kearney, Nebraska, date of original issue - May 15, 1996, in the principal amount of One Million Three Hundred Fifteen Thousand Dollars ($1,315,000), numbered as shown on the books of the Paying Agent and Registrar, in denomination of $5,000 each, becoming due and bearing interest as follows:

 

Principal Amount

         Maturity Date

   Interest Rate

     CUSIP No.

 

 

 

 

$235,000

May 15, 2004

4.80%

486894 EV 6

$250,000

May 15, 2005

4.90%

486894 EW 4

$265,000

May 15, 2006

5.00%

486894 EX 2

$275,000

May 15, 2007

5.15%

486894 EY 0

$290,000

May 15, 2008

5.30%

486894 EZ 7

 

Said bonds are hereinafter referred to as the “Refunded Bonds.”

 

Said bonds are subject to redemption at any time on or after June 1, 2001, at par and accrued interest, and said interest is payable semiannually.  Said bonds were authorized by ordinance and were issued for the purpose of paying the costs of maintaining, extending, enlarging and improving the City’s sewage disposal plant and sanitary sewer system, providing for certain reserves and paying issuance expenses.

 

            Section 2.         Said bonds are to be paid off at the office of the Treasurer of the City of Kearney, in Kearney, Nebraska, as Paying Agent and Registrar.

            Section 3.         A true copy of this resolution shall be filed immediately with the Treasurer of the City of Kearney, in Kearney, Nebraska, as Paying Agent and Registrar for the Refunded Bonds, and said Paying Agent and Registrar is hereby instructed to mail notice to each registered owner of said bonds not less than thirty days prior to the date fixed for redemption, all in accordance with the Ordinance authorizing said Refunded Bonds.

            PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7005 – ISSUANCE OF COMBINED UTILITIES REVENUE REFUNDING BONDS, SERIES 2004

 

Council Member Buschkoetter introduced Ordinance No. 7005, being Subsection 3 of Agenda Item VI to authorize the issuance of Combined Utilities Revenue Refunding Bonds, Series 2004, of the City of Kearney, Nebraska, in the aggregate principal amount of $1,180,000 for the purpose of providing for the payment and redemption of the City’s outstanding Combined Utilities Revenue Bonds, Series 1996, in the principal amount of $1,315,000; directing the application of the proceeds of said bonds; prescribing the form, terms and details of said bonds; pledging and hypothecating the revenue and earnings of the waterworks plant and water system, sewage disposal plant and sanitary sewer system and electric distribution system of said City for the payment of said bonds and interest thereof; providing for the collection, segregation and application of the revenues of said waterworks plant and water system, sewage disposal plant and sanitary sewer system and electric distribution system; entering into a contract on behalf of the City with the holders of said bonds; and providing for publication of this ordinance in pamphlet form, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 7005 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Clouse that Ordinance No. 7005 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7005 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 --      NPPD -- $60,766.81

 

Moved by Blankenship seconded by Hadley that Open Account Claims in the amount of $60,766.81 payable to NPPD be allowed.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter.  Nay: None.  Clouse abstained.  Kearney absent. Motion carried.

 

VII.    REPORTS

 

None.

 

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Buschkoetter that Council adjourn at 8:02 p.m.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent. Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK