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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:

 

Original Contract Sum

$394,096.50

            Change Order No. 1 (6-22-2004)

+  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:

 

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