Kearney, Nebraska
June 22, 2004
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 June 22, 2004
in the Council Chambers at City Hall. This meeting adjourned at 7:37 p.m. A meeting of the City Council of Kearney, Nebraska,
was then convened in open and public session at 7:38 p.m. in the Council Chambers at City Hall. Present were: Bruce
Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council
Members Randy Buschkoetter, Galen Hadley, Don Kearney, and Stan Clouse. Absent:
None. 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: Richard Stacy, Scott Sanders, Kent Cordes, Kim Schmidt from
Kearney Hub, and Dave Jenner from KGFW Radio.
Notice of the meeting was given in advance thereof by
publication in the Kearney Hub, the designated method for giving notice, a copy
of the proof of publication being attached to these minutes. Advance notice of
the meeting was also given to the City Council and a copy of their
acknowledgment or receipt of such notice is attached to these minutes.
Availability of the Agenda was communicated in the advance notice and in the
notice to the Mayor and City Council. All proceedings hereafter shown were
taken while the meeting was open to the attendance of the public.
I. ROUTINE BUSINESS
INVOCATION
A moment of silent prayer was held.
PLEDGE OF ALLEGIANCE
The Mayor and Council members led the audience in the Pledge
of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
None.
IV. CONSENT AGENDA
Moved by Buschkoetter seconded by Blankenship that
Subsections 1 through 16 of Consent Agenda Item IV be approved. Roll call
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
1. Approve Minutes of
Regular Meeting held June
8, 2004.
2. Approve the following Claims:
2nd Chance $181.00 Su; AD AS $1,506.83 Grant; Alamar Uniforms $468.98 Various;
Alltel $3,365.37 Various; Almquist, R $125.00 Rep; Applegarth, S $13.39 Ref;
Aspen Publications $250.12 Su; AT&T $145.44 Serv; Baker & Taylor
$1,705.78 Bks; Balfany, S $13.00 Ref; Baniab, C $36.81 Ref; Barney Abstract
$30.00 Serv; BBC Audiobooks $70.00 Bks; Becker, G $26.25 Su; Bennett, T
$1,246.50 Serv; Big Flag $48.00 Inv; Biosystems $1,599.30 Rep; Blessing
$306,144.00 Serv; Blue Cross Blue Shield $43,696.81 Claims; Bob's Super Store
$4.25 Su; Books on Tape $955.60 Bks; Bosselman Oil $14,223.15 Various; Brill, B
$23.00 License; Brockmeier, T $25.03 Ref; Bruha, S $238.86 Tr; Bryant, C $25.08
Ref; Buffalo Co Reg of Deeds $21.50 Serv; Buffalo Air Service $1,805.25 Lease;
Builder's Warehouse $557.14 Various; Bureau of ATF $250.00 Renewal; Burke, M
$1,050.00 Serv; Burns, J $10.97 Ref; CADEX $2,478.00 Equip; Canal Bank
Associates $382.20 Rep; Cash-Wa $2,511.92 Su; Central Fire $590.88 Rep; Charter
$43.55 Serv; Charter Paging $21.92 Serv; Chesterman $1,766.00 Su; Chief $104.94
Su; Christensen, S $28.09 Ref; Chromy, M $40.00 Ref; City of Ky $12,535.40
Various; CLH $309.00 Serv; College Savings Plan of NE $65.00 Ded; Collins, A
$32.96 Ref; CO Fire Mcehanics Assoc $700.00 Reg; Construction Rental $66.00 Serv;
Cordova, T $10.70 Tr; Cottonmill Entertainment $840.00 Rep; Credit Service
$250.00 Serv; Cullen, M $87.32 Cla; Culligan $196.82 Various; Davidson Titles
$39.90 Bks; Dawson Co PPD $653.80 Serv; Day, D $2,570.40 Serv; DeBoer, B $15.00
Ref; Defense Technical $895.00 Tr; Dell $2,825.20 Equip; Depository Trust
$261,781.25 Princ & Int; Deterding's $13,348.68 Su; Development Council
$895.00 Serv; DPC Industries $10,839.00 Su; Dreyer, D $137.20 Various; Dutton Lainson
$157.55 Inv; Eakes $2,367.69 Various; Earl May $21.60 Su; Ecolab $27.00 Su; EDM
Equipment $8,095.81 Equip; Engels Glass Design $650.00 Su; Erbsen, M $21.00
Ref; ETS $1,350.00 Various; Farm Plan $450.80 Rep; Fedex $237.93 Pstg;
Fireguard $16,534.56 Equip; Fly, K $400.00 Serv; Forrest, J $30.00 Ref; Fowler,
L $61.39 Tools; Freburg, N $184.62 Ded; Fremont Nat'l Bank $35,749.80 Various;
Frontier $836.37 Serv; Fuesner, G $15.00 Ref; Fuller, J $13.00 Ref; Gale Group
$211.93 Bks; Gangwish Turf $34.18 Rep; Garrett Tires $1,968.48 Various; Gary's
I-80 $207.00 Serv; Goodwill Industries $1,825.00 Comm Betterment; Gov't Finance
Officer $200.00 Dues; Graddy, A $100.00 Serv; Great Plains One-Call $460.60 Serv;
Guideposts $16.94 Bks; H&G Cleaners $264.67 Serv; H&H Distributors
$1,113.90 Su; Hach $85.00 Rep; Hanson, I $24.50 Reg; Harens, W $20.00 Ref;
Hines, B $45.00 Ref; Hometown Leasing $206.00 Serv; Horsley, R $34.00 Ref; ICMA
RC $2,878.05 Ded; IRS $86,456.43 Ded; Itronix $15,464.01 Equip; Jack's Uniforms
$664.01 Equip; Kalba, R $63.28 Cla; Ky Area Chamber of Commerce $25.00 Dues; Ky
Area Solid Waste Agency $155.55 Tipping Fees; Ky Clinic $372.00 Serv; Ky
Concrete $8,835.29 Serv; Ky Crete $88.62 Serv; Ky Hub $3,324.90 Serv; Ky Yamaha
$8,490.00 Equip; Kluver, D $8.74 Ref; Kugler $713.90 Rep; Lamp, Rynearson &
Assoc $2,841.45 Serv; Larson, J $21.95 Su; Lasertec $25.00 Serv; Laughlin, K
$360.00 Ded; Law Enforcement Accessories $70.00 Su; Lindner, S $36.75 Tr; Linweld
$613.40 Various; Location Technical $3,999.00 Serv; Lynch, D $178.25 Tr; Magic
Cleaning $1,200.00 Serv; Maines Electric $982.56 Rep; MES-SNYDER $2,768.44
Various; Metal Masters $850.50 Equip; MGS Technical $32.19 Serv; Mid America
Pay Phones $300.00 Serv; Midwest Lab $18.60 Serv; Midwest Radar $675.00
Various; Midwest Underground Supply $1,561.28 Rep; Milco Env Services $2,762.85
Serv; Miller & Associates $3,150.30 Serv; Miller Signs $69.00 Rep; Morris
Press $410.56 Serv; Mosbarger, B $126.27 Tr; Municipal Supply $3,705.23 Inv;
Municipal Pipe Services $6,800.00 Serv; Nat'l Paper Supply $102.71 Su; NWWA
$13,181.57 Inv; NE Child Support $892.18 Ded; NE Dept of Aeronautics $370.00
Loan; NE Dept of Env Quality $233,575.96 Princ & Int; NE Health & Human
Services $809.55 Serv; NE Licenses Beverage Assoc $160.00 Dues; NE Mosquito
& Vector Assoc $60.00 Tr; NE Wine & Spirits $53.10 Su; NE Crime Commisson
$35.00 Dues; NEland Distributors $1,456.30 Su; Northwestern $1,789.20 Serv; Novus
Windshield Repair $40.00 Rep; NWEA $120.00 Tr; Office Depot $776.56 Various; Officenet
$38.65 Su; Olsson Associates $4,335.52 Serv; Osterburg, R $25.00 Ref; Paramount
Linen $244.27 Various; Postmaster $220.00 Pstg; Potter, S $9.86 Ref; Power Plan
$1,241.41 Rep; Preferred Mail $117.90 Pstg; Presto-X $48.00 Rep; Purdy, K
$37.58 Su; PVCK $136.48 Rep; RC Booth Entertainment $110.00 Bks; Ready Mixed
Concrete $5,593.65 Serv; Recorded Books $53.35 Bks; Region 6 $30.00 Tr;
Regional Books $96.50 Bks; Reserve Account $8,000.00 Pstg; Rief, J $29.72 Ref;
Rohde, M $24.07 Ref; RT Corp $213.30 Su; Saathoff, J $67.88 Tr; Sage, P $42.18 Cla;
Sellers, C $19.87 Ref; Sesna, T $10.70 Tr; Sherwin Williams $47.60 Su; Shirt
Shack $1,319.80 Various; Siemens Airfield Solutions $186.66 Rep; Simmons Gun
Specialty $4,516.45 Equip; Sirchie Finger Print Lab $77.42 Serv; Sixel
Consulting Group $2,500.00 Serv; Snap on Tools $96.00 Tools; Sporting Edge
$1,957.00 Cla; Starostka Group $1,915.20 Serv; State of Ne HHS Lab $2,318.00
Su; Sterling Distributors $48.15 Su; T&B Cleaning $1,500.00 Serv; Technical
Maintenance $927.40 Rep; Terra Scan $14,162.00 Rep; TheLaw.Net $345.00 Serv; Thomazin,
C $15.84 Ref; Thompson, L $90.00 Rep; Tri-City Outdoor Power $474.47 Serv;
Turner Body Shop $40.00 Su; Unico Group $613.00 Prem; Union Oil $6,029.96 Inv;
Unique Books $39.28 Bks; United Distillers $151.42 Su; US Postmaster $397.00 Pstg;
Utility Equipment $949.82 Inv; Washington State Support $102.01 Ded; Watson, S
$10.92 Ref; We Care Tree Care $605.00 Serv; West Group $350.25 Su; Weston, J
$17.92 Ref; Wiese, J $25.80 Ref; Wiles, S $8.74 Ref; Wilke-Donovans $14.70 Rep;
Xerox $260.00 Serv; Yellow Pages $177.00 Serv; Zapata, C $35.00 License;
Zimmerman $214.00 Su; Payroll Ending 06-12-2004 -- $278,091.90.
The foregoing schedule of claims is published in accordance with Section
19-1102 of the Revised Statutes of Nebraska, and is published at an expense of
$_________ to the City of Kearney.
3. Receive recommendations
of Planning Commission and set July 13, 2004
at 7:30 P.M. as date and time for hearing on
those applications where applicable.
4. Ratify the action taken
by the Kearney Municipal Airport Corporation on approving the Grant Agreement
between the City of Kearney and the Federal Aviation
Administration on acquiring a Foreign Object Debris (FOD) Broom Box Attachment
for the Snow Blower located at the Kearney Municipal Airport and approve Resolution No. 2004-102.
RESOLUTION NO. 2004-102
BE IT RESOLVED by the President and
City Council of the City of Kearney, Nebraska, that the President be and is
hereby authorized and directed to execute the Grant Agreement on acquiring a
Foreign Object Debris (FOD) Broom Box Attachment for the Snow Blower located at
the Kearney Municipal Airport, on behalf of the City of Kearney, Nebraska, with
the Federal Aviation Administration, a copy of the Agreement, marked Exhibit
“1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
5. Approve the Recreational
Trails Program Project Agreement between the City of Kearney and the State of Nebraska Game and Parks Commission for proceeding
with the Kearney Historical Bridge Renovation and approve Resolution No.
2004-103.
RESOLUTION NO. 2004-103
BE IT RESOLVED by the President and
Council of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the Recreational Trails Program Project
Agreement, on behalf of the City of Kearney, Nebraska, with the State of
Nebraska Game and Parks Commission for proceeding with the Kearney Historical
Bridge Renovation, a copy of the Agreement, marked Exhibit “1”, is attached
hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
6. Approve the Application
for a Special Designated License submitted by JCB ENTERPRISES, INC., dba
“Bill’s Liquor” in connection with their Class CK39105 Liquor License to
dispense beer, wine and distilled spirits in the Great Platte River Road
Archway Monument, which includes a 20’x40’ tent, 3060 East 1st Street, on July
17, 2004 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.
7. Approve the Developer
Constructed Infrastructure Agreement for Ingall’s Crossing Third Addition
between the City of Kearney and LeRoy Corrigan Trust, Roberta
Corrigan, Trustee and Roberta Corrigan Farms and approve Resolution No.
2004-104.
RESOLUTION
NO. 2004-104
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF
THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer
Constructed Infrastructure Agreement – Ingall’s Crossing Third Addition” to the
City of Kearney, Buffalo County, Nebraska, a copy of which marked Exhibit 1 is
attached hereto, negotiated by and between the City of Kearney and LeRoy Corrigan
Trust, Roberta Corrigan, Trustee and Roberta Corrigan Farms, 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 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
8. Approve the Interlocal
Agreements entitled “Natural Gas Agreement” and the “Cellular Telephone
Agreement” between the City of Kearney, the Kearney Public School
District, and the County of Buffalo and approve Resolution No. 2004-105.
RESOLUTION
NO. 2004-105
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF
THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “City of Kearney,
Kearney Public School District, and County of Buffalo Natural Gas Agreement”, a
copy of which marked Exhibit 1, and the agreement entitled “City of Kearney,
Kearney Public School District, and County of Buffalo Cellular Telephone
Agreement”, a copy of which marked Exhibit 2, are attached hereto, negotiated
by and between the City of Kearney and the Kearney Public School District and
County of Buffalo, be and are 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 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
9. Approve setting July 13,
2004 at 7:30 p.m. as time and date for the Board of Equalization to assess
costs for the south 250 feet of Lot 1, Block 7, Lighthouse Point, an Addition
to the City of Kearney in connection with 2003 Part I Improvements
consisting of Paving Improvement District No. 2002-868 for 39th Street from
22nd Avenue to 30th Avenue.
10. Approve Application and
Certificate for Payment No. 1 in the amount of $97,646.80 submitted by Midlands
Contracting, Inc. and approved by Miller & Associates for the 2004 Part
III Improvements – Bid A consisting of Water District No. 2004-529 for LaPlatte
Road from Meadow Lane to Plaza Boulevard, and Sewer District No. 2004-471 for LaPlatte
Road from Meadow Lane to approximately 160 feet south of Redwood Lane and
approve Resolution No. 2004-106.
RESOLUTION
NO. 2004-106
WHEREAS, Midlands Contracting, Inc.
has performed services in connection with the 2004 Part III Improvements –
Bid A consisting of Water District No. 2004-529 for LaPlatte Road from
Meadow Lane to Plaza Boulevard, and Sewer District No. 2004-471 for LaPlatte
Road from Meadow Lane to approximately 160 feet south of Redwood Lane, and the
City's engineer, Miller & Associates, have filed with the City Clerk
Application and Certificate for Payment No. 1 in the amount of $97,646.80 as
shown on Exhibit “A” attached hereto and made a part hereof by reference and as
follows:
|
Original Contract Sum
|
$100,380.00
|
|
|
|
|
Contract Sum To Date
|
100,380.00
|
|
Gross Amount Due
|
97,646.80
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
97,646.80
|
|
Less Previous Certificates for Payment
|
.00
|
|
|
|
|
Current Payment Due
|
$97,646.80
|
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND APPROVED THIS 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
11. Approve Application and
Certificate for Payment No. 1 in the amount of $36,403.60 submitted by
Blessing, LLC and approved by Miller & Associates for the 2004 Part III
Improvements – Bid B consisting of Paving Improvement District No. 2004-880
for LaPlatte Road from Meadow Lane to approximately 160 feet south of Redwood
Lane and approve Resolution No. 2004-107.
RESOLUTION
NO. 2004-107
WHEREAS, Blessing LLC has performed
services in connection with the 2004 Part III Improvements – Bid B
consisting of Paving Improvement District No. 2004-880 for LaPlatte Road from
Meadow Lane to approximately 160 feet south of Redwood Lane, and the City's
engineer, Miller & Associates, have filed with the City Clerk Application
and Certificate for Payment No. 1 in the amount of $36,403.60 as shown on
Exhibit “A” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$152,858.00
|
|
|
|
|
Contract Sum To Date
|
152,858.00
|
|
Gross Amount Due
|
40,448.50
|
|
Retainage
|
4,044.90
|
|
Amount Due to Date
|
36,403.60
|
|
Less Previous Certificates for Payment
|
.00
|
|
|
|
|
Current Payment Due
|
$36,403.60
|
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND APPROVED THIS 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
12. Approve Change Order No.
1 for a decrease in the amount of $9,147.20, Application and Certificate for
Payment No. 3-Final in the amount of $7,190.44, and the Certificate of
Substantial Completion submitted by Blessing, LLC and approved by Miller &
Associates for the 2004 Part II Improvements – Bid B consisting of
Paving Improvement District No. 2003-871 for an alley between Central Avenue
and 1st Avenue from 24th Street to 25th Street; Paving Improvement District No.
2003-877 for 17th Avenue from 14th Street, north a distance of 137± feet of
15th Street Place; Paving Improvement District No. 2003-878 for 14th Street
from 17th Avenue, east a distance of 115± feet east of 17th Avenue; Paving
Improvement District No. 2003-879 for 15th Street Place from 17th Avenue, west
to its terminus in a cul-de-sac and approve Resolution No. 2004-108.
RESOLUTION
NO. 2004-108
WHEREAS, Blessing, LLC has performed
services in connection with the 2004 Part II Improvements – Bid B
consisting of Paving Improvement District No. 2003-871 for an alley between
Central Avenue and 1st Avenue from 24th Street to 25th Street; Paving
Improvement District No. 2003-877 for 17th Avenue from 14th Street, north a
distance of 137±
feet of 15th Street Place; Paving Improvement District No. 2003-878 for 14th
Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue;
Paving Improvement District No. 2003-879 for 15th Street Place from 17th
Avenue, west to its terminus in a cul-de-sac, and the City's engineer, Miller
& Associates, have filed with the City Clerk Change Order No. 1 showing a
decrease in the amount of $9,147.20, as shown on Exhibit “A” attached hereto
and made a part hereof by reference; and
WHEREAS, Blessing, LLC and Miller & Associates,
have filed with the City Clerk Application and Certificate for
Payment No. 3-Final in the amount of $7,190.44 as shown on Exhibit “B” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$239,603.00
|
|
Change Order No. 1 (6-22-2004)
|
- 9,147.20
|
|
|
|
|
Contract Sum To Date
|
230,455.80
|
|
Gross Amount Due
|
230,455.80
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
230,455.80
|
|
Less Previous Certificates for Payment
|
223,265.36
|
|
|
|
|
Current Payment Due
|
$7,190.44
|
WHEREAS, the Engineer and Contractor have now
certified to the City Clerk that work is completed as of May 5, 2004, 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. 1, 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 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
13. Approve Application and
Certificate for Payment No. 2 in the amount of $51,413.18 submitted by Blessing
LLC and approved by Miller & Associates for the 2004 Part I Improvements
– Phase II consisting of Paving Improvement District No. 2004-885 for 30th
Avenue from Highway 30 north to 31st Street and approve Resolution No.
2004-109.
RESOLUTION
NO. 2004-109
WHEREAS, Blessing, LLC has performed
services in connection with the 2004 Part I Improvements Phase II
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
Highway 30 north to 31st Street, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 2 in the amount of $51,413.18 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,099,325.50
|
|
|
|
|
Contract Sum To Date
|
1,099,325.50
|
|
Gross Amount Due
|
64,475.75
|
|
Retainage
|
6,447.58
|
|
Amount Due to Date
|
58,028.18
|
|
Less Previous Certificates for Payment
|
6,615.00
|
|
|
|
|
Current Payment Due
|
$51,413.18
|
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. 2 as shown on Exhibit “A”, be
and are hereby accepted and approved.
PASSED AND APPROVED THIS 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
14. Approve Change Order No.
1 for an increase in the amount of $23,740.00, Change Order No. 2 for an
increase in the amount of $19,255.23, Change Order No. 3 for an increase in the
amount of $3,767.75, Change Order No. 4 for a decrease in the amount of
$85,044.30, Application and Certificate for Payment No. 6-Final in the amount
of $64,246.12, and the Certificate of Substantial Completion submitted by
Blessing, LLC and approved by Miller & Associates for 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. 2004-110.
RESOLUTION
NO. 2004-110
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 Change Order No. 1 showing an
increase in the amount of $23,740.00, Change Order No. 2 showing an increase in
the amount of $19,255.23, Change Order No. 3 showing an increase in the amount
of $3,767.75, and Change Order No. 4 showing a decrease in the amount of
$85,044.30, as shown on Exhibits “A”, “B”, “C”, and “D” respectively, attached
hereto and made a part hereof by reference; and
WHEREAS, Blessing LLC and the City’s
engineer, Miller & Associates, have filed an Application and Certificate
for Payment No. 6-Final in the amount of $64,246.12 as shown on Exhibit “E”
attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,042,501.30
|
|
Change Order No. 1 (6-22-2004)
Change Order No. 2 (6-22-2004)
Change Order No. 3 (6-22-2004)
Change Order No. 4 (6-22-2004)
|
+ 23,740.00
+ 19,255.23
+ 3,767.75
- 85,044.30
|
|
|
|
|
Contract Sum To Date
|
1,004,219.98
|
|
Gross Amount Due
|
1,004,219.98
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
1,004,219.98
|
|
Less Previous Certificates for Payment
|
939,973.86
|
|
|
|
|
Current Payment Due
|
$64,246.12
|
WHEREAS, the Engineer and Contractor have now
certified to the City Clerk that work is completed as of October 18, 2003, as shown by Exhibit “F” 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 Nos. 1, 2, 3, and 4, as shown on Exhibits “A”, “B”, “C”, “D”,
Application and Certificate for Payment No. 6-Final, as shown on Exhibit “E”,
and the Certificate of Substantial Completion as shown on Exhibit “F”, be and
are hereby accepted and approved.
PASSED AND APPROVED THIS 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
15. Approve Change Order No.
1 for an increase in the amount of $10,222.71, Application and Certificate for
Payment No. 6 in the amount of $19,704.23 submitted by Blessing, LLC and
approved by Miller & Associates for the 2002 Part IV Improvements
consisting of Paving Improvement District No. 2001-858 for the alley between
1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement
District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st
Street to North Railroad Street, Paving Improvement District No. 2002-870 for
the alley between Central Avenue and Avenue A from 21st Street to North
Railroad Street, and the parking lot located
northwest of the Library and approve Resolution No. 2004-111.
RESOLUTION
NO. 2004-111
WHEREAS, Blessing, LLC has performed
services in connection with the 2002 Part IV Improvements consisting of
Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd
Avenue from 15th Street to 16th Street, Paving Improvement District No.
2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to
North Railroad Street, Paving Improvement District No. 2002-870 for the alley
between Central Avenue and Avenue A from 21st Street to North Railroad Street, and
the parking lot located northwest of the Library, and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 1
showing an increase in the amount of $10,222.71, as shown on Exhibit “A”
attached hereto and made a part hereof by reference; and
Blessing, LLC and the City's
engineer, Miller & Associates, have filed with the City Clerk Application
and Certificate for Payment No. 6 in the amount of $19,704.23 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
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Original Contract Sum
|
$394,096.50
|
|
Change Order No. 1 (6-22-2004)
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+ 10,222.71
|
|
|
|
|
Contract Sum To Date
|
404,319.21
|
|
Gross Amount Due
|
377,986.86
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
377,986.86
|
|
Less Previous Certificates for Payment
|
358,282.63
|
|
|
|
|
Current Payment Due
|
$19,704.23
|
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. 6, as shown on Exhibit “B”, be and are hereby
accepted and approved.
PASSED AND APPROVED THIS 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
16. Approve the request submitted
by Dick Cepel to use the 22nd Street sidewalk from Central Avenue to the alley and
the sidewalk in front of the Kaufmann Centre, 2200 Central Avenue, every Friday,
Saturday and Sunday for the display and sale of merchandise beginning June 25,
2004 through September 26, 2004 between the hours of 8:00 a.m. until 6:00 p.m.
V. CONSENT AGENDA ORDINANCES
None.
VI. REGULAR AGENDA
AWARD BID FOR 2004 PART I IMPROVEMENTS – PHASE III
Mayor Blankenship opened for discussion the bids received
for the construction of the 2004 Part I Improvements – Phase III
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
31st Street to 39th Street and to consider Resolution No. 2004-112 awarding the
bid to Blessing LLC in the amount of $945,531.50.
At the May 25, 2004 Council
meeting, the City Council approved the plans and specifications for the 2004
Part I Improvements – Phase III which included the reconstruction of the 30th Avenue roadway
between 31st Street and 39th Street. Sealed bids for the 2004 Part I Improvements - Phase III were received on Tuesday, June 15, 2004 at 2:00 p.m. The following were the bids received:
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Bidder
|
Bid
|
|
Blessing, LLC, Kearney, NE
|
$945,531.50
|
|
Paulsen, Inc., Cozad, NE
|
$1,002,656.00
|
The Engineer’s Opinion of Probable Construction Cost was
$1,147,998.00. The low bid from Blessing, LLC is 17.6% below the Engineer’s
Opinion of Probable Construction Cost. The contractor’s completion date for
this phase of the project is November 20, 2004.
Kent Cordes from Miller & Associates was present to
answer any questions from the Council.
Moved by Blankenship seconded by Kearney to approve the bids
received for the construction of the 2004 Part I Improvements – Phase III
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
31st Street to 39th Street and approve Resolution No. 2004-112 awarding the bid
to Blessing LLC in the amount of $945,531.50. Roll call resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
RESOLUTION
NO. 2004-112
WHEREAS, Miller & Associates and the City of
Kearney have reviewed the sealed bids which were opened on June 15, 2004, at
2:00 p.m. for the 2004 Part I Improvements – Phase III consisting of
Paving Improvement District No. 2004-885 for 30th Avenue from 31st Street north
to 39th Street; and
WHEREAS, the Engineer’s Opinion of Probable
Construction Cost for the project was $1,147,998.00; and
WHEREAS, the said engineers have
recommended the bid offered by Blessing, LLC of Kearney, Nebraska in the sum of
$945,531.50 be accepted as the lowest responsible bids.
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 Blessing, LLC of Kearney,
Nebraska be and is the lowest responsible bidder for the 2004 Part I
Improvements – Phase III consisting of Paving Improvement District No. 2004-885
for 30th Avenue from 31st Street north to 39th Street, to be constructed in
accordance with the plans and specifications on file with the City Clerk and
that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $945,531.50 be
and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of
Probable Construction Cost for 2004 Part I Improvements – Phase II in
the amount of $1,147,998.00 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 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
AWARD BID FOR KVFD TRAINING COMPLEX STORAGE AND CLASSROOM
FACILITY
Mayor Blankenship opened for discussion the bids received
for the Kearney Volunteer Fire Department Training Complex Storage and
Classroom Facility and to consider Resolution No. 2004-113 awarding the bid to
Sampson Construction in the amount of $310,742.00.
Facilities for Fire Department training have improved
greatly over the past ten years and constructing an additional building at the
Training Complex would enhance storage capabilities as well as training
operations. The building proposed is a 6,000 square feet metal building
composed of an open high bay apparatus storage and training area and 2,400
square feet of upper mezzanine area. Bids were accepted and read on June 16, 2004 and alternates were included in the
proposal.
Storage at the training Complex is currently scarce. In
constructing a building of this nature storage space would be allowed for
equipment and trucks needed during the conduct of training. Additional storage
will be provided for ladders and hoses, which are used for training and are now
stored at Station 1. In addition this will allow essential equipment to remain
on the trucks at all times. Space will also be provided for antique trucks now
being stored at the water tower in the area west of 48th Street and 6th Avenue.
The Fire Department currently performs hands-on training
year around, weather permitting. If weather is inclement, training will be
substituted at the last minute to accommodate firefighters accordingly. By
constructing a large building, training topics such as ladders and hose rolls
could be performed inside and needed equipment would be in place and would not
have to be transported each time. This readiness permits training to function
smoother and eliminates the opportunity to misplace and/or not have
instrumental supplies when needed.
The mezzanine area could be used for confined space training
and will possibly provide a location for a future classroom.
Dick Stacy and Scott Sanders from Miller & Associates
were present to answer any questions from the Council.
Moved by Kearney seconded
by Clouse to approve the bids received for the Kearney Volunteer Fire
Department Training Complex Storage and Classroom Facility and approve Resolution
No. 2004-113 awarding the bid to Sampson Construction in the amount of
$310,742.00. Roll call resulted as follows: Aye: Blankenship, Buschkoetter,
Hadley, Clouse, Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2004-113
WHEREAS, Miller & Associates and the City of
Kearney have reviewed the sealed bids which were opened on June 16, 2004, at
2:00 p.m. for the Kearney Volunteer Fire Department Training Complex Storage
and Classroom Facility; and
WHEREAS, the Engineer’s Opinion of Probable
Construction Cost for the project was $293,500.00 which includes the Base Bid
for $225,000.00, Alternate No. 1 for $59,500.00, and Alternate No. 3 for
$9,000.00; and
WHEREAS, the said engineers have recommended
the bid offered by Sampson Construction of Lincoln, Nebraska in the sum of
$310,742.00 which includes the Base Bid for $256,000.00, Alternate No. 1 for
$46,900.00, and Alternate No. 3 for $7,842.00 be accepted as the lowest
responsible bid.
NOW, THEREFORE, BE IT RESOLVED by the President
and City Council of the City of Kearney, Nebraska that the Engineers
recommendation is hereby accepted and approved, that Sampson Construction of
Lincoln, Nebraska be and is the lowest responsible bidder for the Kearney
Volunteer Fire Department Training Complex Storage and Classroom Facility, to
be constructed in accordance with the plans and specifications on file with the
City Clerk and that the bid of Sampson Construction of Lincoln, Nebraska in the
sum of $310,742.00 which includes the Base Bid for $256,000.00, Alternate No. 1
for $46,900.00, and Alternate No. 3 for $7,842.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of
Probable Construction Cost for the Kearney Volunteer Fire Department Training
Complex Storage and Classroom Facility in the amount of $293,500.00 which
includes the Base Bid for $225,000.00, Alternate No. 1 for $59,500.00, and
Alternate No. 3 for $9,000.00 be and is hereby accepted.
BE IT FURTHER RESOLVED that the
President of the Council of the City of Kearney, Nebraska, be and is hereby
authorized and directed to execute contracts for such improvements in
accordance with the bid, plans, specifications, and general stipulations
pertaining thereto.
PASSED AND APPROVED THIS 22ND DAY OF JUNE, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT -- $49,749.28
AND WARD LABORATORIES -- $243.00
Moved by Hadley seconded by Buschkoetter that Open Account
Claims in the amount of $49,749.28 payable to Nebraska Public Power District
and to Ward Laboratories in the amount of $243.00 be allowed. Roll call
resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Blankenship and Clouse abstained. Motion
carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Buschkoetter seconded by Kearney that Council adjourn at 7:52 p.m. Roll call resulted as follows: Aye: Blankenship,
Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
BRUCE
L. BLANKENSHIP
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK