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Kearney, Nebraska

April 26, 2005

7:00 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 7:00 p.m. on April 26, 2005 in the Council Chambers at City Hall. This meeting adjourned at 7:06 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:07 p.m. in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Kelley, City Attorney; 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: John Lowe, Ryan Barker, Jeff Peterson, Mike Cahill from KKPR Radio, 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

 

The Mayor and Council held a moment of silent prayer.

 

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

 

CLUB ‘3’ LIQUOR LICENSE AND MANAGER APPLICATION

 

Mayor Hadley opened the public hearing on the application for a Class “C” (Beer, Wine and Spirits – On and Off Sale) Liquor License submitted by RYAN WILLIAM BARKER, INC., dba “Club 3” located at 2021 Central Avenue, consider the application for Corporate Manager of Ryan Barker, and to consider approval of Resolution No. 2005-59.

 

The business is currently owned by John Lowe, and Mr. Lowe is selling the business to Mr. Barker. Mr. Lowe will retain ownership of the structure, but Barker will own the business. Mr. Barker has been employed by the business for several months.  The business is and will continue to function as a bar, and would operate under a Class C license. A background was conducted on Mr. Barker and the business.  There was nothing found in the background that would prohibit Mr. Barker from owning and managing the business. The business has been in operation for several years. There have been several disturbances in the past that have either emanated from or occurred within the business. One of these instances was reported to the Nebraska Liquor Commission, resulting in a warning letter being issued to the business. The business caters to the 21-35 year old demographic, and is considered a dance club. During the interview with Mr. Barker, the number of disturbances and the nature of the problems were discussed at length.  Mr. Barker had advised he would do whatever was necessary to curb these and would cooperate fully with the Police Department.

 

Ryan Barker presented this matter to the Council. He stated he has been working with the current owner, John Lowe, in the management and operation of the business. He is planning on getting the training from the Kearney Police Department.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the application for a Class “C” (Beer, Wine and Spirits – On and Off Sale) Liquor License submitted by RYAN WILLIAM BARKER, INC., dba “Club 3” located at 2021 Central Avenue, approve the application for Corporate Manager of Ryan Barker, and approve Resolution No. 2005-59. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-59

 

            WHEREAS, RYAN WILLIAM BARKER, INC., dba “Club 3” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘C’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License to do business at 2021 Central Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, RYAN WILLIAM BARKER, INC., dba “Club 3” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Ryan Barker; and

            WHEREAS, a hearing was held relating to said application on April 26, 2005.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘C’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License to RYAN WILLIAM BARKER, INC., dba “Club 3” located at 2021 Central Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Ryan Barker.

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

            PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

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

 

1.         Approve Minutes of Regular Meeting held April 12, 2005.

 

2.         Approve the following Claims: AT&T $13.01 SMCS; Ace Hardware $256.37 SMCS; Advance Auto Parts $17.76 SMCS; Air Midway $59.08 SMCS; Alltel $2,246.02 SMCS; Amazon $50.26 SMCS; Amer Electric $354.60 SMCS; Amer Red Cross $50.72 SMCS; Anderson Ford $12,717.00 CO; APA Memberships $412.00 SMCS; APA-Conference $169.13 SMCS; Avian Publications $49.95 SMCS; Baker & Taylor $1,276.39 SMCS; Barcodes $200.88 SMCS; Barney Abstract $1,545.00 SMCS,CO; BBC Audiobooks $73.00 SMCS; Becker,G $41.75 SMCS; Bennett,T $882.75 SMCS; Best Lock $461.00 SMCS; Big Flag $430.44 SMCS; Bioscan $54.85 SMCS; Blackburn Mfg $332.80 SMCS; Blockbuster $50.00 SMCS; Bloom Designs $213.66 SMCS; Blue Cross $71,774.48 SMCS; Bob's Super Store $31.28 SMCS; Bogard, M $53.48 SMCS; Bonanza Publications $22.50 SMCS; Bookmark $146.93 SMCS; Bosselman $17,666.40 SMCS; Breathing Air Systems $587.62 SMCS; Broadfoots $1,853.88 SMCS; Bruha,S $378.12 SMCS; Buffalo Co Treasurer $3.75 CO; Buffalo Co Court $189.83 PS; Buggy Bath $31.50 SMCS; Builders Warehouse $4,988.17 SMCS,CO; Cabelas $25.49 SMCS; Capital Media $418.95 SMCS; Capstone Press $745.80 SMCS; Cash-Wa $134.95 SMCS; CCH $176.26 SMCS; CDW Government $499.99 CO; Centaur Entp $116.82 SMCS; Central Dist Health Dept $1,756.00 SMCS; Central Fire & Safety $30.00 SMCS; Central Hydraulic $632.36 SMCS; Fox Bros Hay $2,217.28 SMCS; Freburg,N $184.62 PS; Frontier $8,280.90 SMCS; Gangwish Turf $105.00 SMCS; Gardner & Associates $245.00 SMCS; Central NE Bobcat $123.11 SMCS; Central NE Equipment $228.90 SMCS; Century 21 $52.15 SMCS; Chamberlain Group $68.44 SMCS; Chesterman $50.00 SMCS; City of Ky $82,663.10 PS,SMCS; City of Salina $889.44 PS; Clark Enersen $1,058.02 CO; CLE Int'l $990.00 SMCS; CLH $309.00 ER; College Savings Plan of NE $50.00 PS; Colorado RT $32.80 SMCS; Colorid Ribbons $186.00 SMCS; Computer Hardware $44.95 CO; Construction Rental $687.45 SMCS; Copy Cat $702.59 SMCS; Crossroads Ford $994.39 SMCS; Culligan $290.55 SMCS; Cummins $1,763.83 SMCS; Custom Body $166.35 SMCS; D&D Industrial $200.00 SMCS; D&M Security $54.00 SMCS; Dannehl's Feed $112.70 SMCS; DARE $543.76 SMCS; Dell $946.94 SMCS; Depository Trust $702,542.50 CO,DS; Depository Trust $345,000.00 CO,DS; Development Council $1,366.89 SMCS; Diamond Vogel $31.14 SMCS; DPC Industrial $8,595.00 SMCS; Dreyer,D $50.54 SMCS; Dubs $26.55 SMCS; Dugan Business Forms $1,341.04 SMCS; Dutton-Lainson $150.49 SMCS; Eakes Office $1,473.03 SMCS; EDM Equipment $54.99 SMCS; Electronics Center $75.45 SMCS; Elliott Equipment $302.72 SMCS; Elliott,R $53.48 SMCS; Engels,D $1.96 SMCS; Fairbanks Int'l $0.74 SMCS; Fairfield Inn $53.00 SMCS; Farmers Union $24.00 SMCS; Fast Break Auto $35.00 SMCS; Fast Mart $24.45 SMCS; Fastenal $622.00 SMCS; Fliteline $1,129.18 SMCS; Gas & Go $31.50 SMCS; Gaylord Bros $101.00 SMCS; Gordon's Small Engine $477.23 SMCS; Graczyk,M $11.25 SMCS; Graham Tire $120.00 SMCS; Grainger $707.09 SMCS; Grand Central IGA $24.70 SMCS; Graphic Screen Printing $52.00 SMCS; Great Plains One-Call $353.28 SMCS; H&H Distributing $622.00 SMCS; Hastings $82.80 SMCS; Heartland Transmission $786.00 SMCS; Heritage Hills Golf  $1,300.00 SMCS; Hibberd,T $150.70 SMCS; Highsmith $387.38 SMCS,CO; Hilton's Handyman $7,641.38 CO; Hirst,A $16.50 SMCS; Hobby Lobby $36.32 SMCS; Hoehner Turf $19.60 SMCS; Holiday Station $54.40 SMCS; Holmes Plumbing $471.47 SMCS,CO; Hotel Palomar $813.30 SMCS; ICMA $300.00 SMCS; ICMA RC $2,443.56 PS; IRS $83,633.91 PS; Int'l Code Council $116.00 SMCS; Int'l Society of Fire Serv $225.00 SMCS; ISDN $188.25 SMCS; J&A Traffic $275.00 SMCS; Jack Lederman $154.07 SMCS,CO; James Publishing $69.94 SMCS; Johnsen Corrosion $1,976.64 SMCS; K&K Parts $338.68 SMCS; Ky Clinic $1,072.00 SMCS,PS; Ky Concrete $850.88 SMCS,CO; Ky Glass $66.00 SMCS; Ky Hub $3,210.26 SMCS,CO; Ky Implement $352.15 SMCS; Ky Whse $113.72 SMCS; Ky Winlectric $13.54 SMCS; Ky Yamaha $28.53 SMCS; Killion Motors $36.14 SMCS; Kmart $7.56 SMCS; Kolar,J $109.70 SMCS; LT's Brokerage $706.15 SMCS; La Jolla Club Golf $270.76 SMCS; Landmark Audiobooks $22.00 SMCS; Lasertec $537.78 SMCS; Lastar $66.84 CO; Laughlin, K $360.00 PS; Lawson Products $271.17 SMCS; Lexis Nexis $159.30 SMCS; Linweld $145.13 SMCS,CO; Lockmobile $2.75 SMCS; Love S Country $25.00 SMCS; Luke,D $53.48 SMCS; Mac Tools $20.35 SMCS; Machines and Media $267.00 SMCS; Magic Cleaning $2,950.00 SMCS; Mail Express $216.46 SMCS; Marlatt Machine Shop $758.80 SMCS; Marriott $1,730.56 SMCS; McCollister $1,385.25 SMCS; Menards $516.43 SMCS,CO; Mid America Pay Phones $100.00 SMCS; Mid America Sales $294.26 SMCS; Mid Con Systems $535.56 SMCS; Middleton Electric $9,995.00 CO; Midwest Radar & Equip $70.00 SMCS; Midwest Service $131.53 SMCS; Miller & Associares $60,987.30 CO; Minitex $1,266.00 SMCS; Municipal Emerg Services $19.62 SMCS; Morgan,M $41.00 SMCS; Morris Press $133.46 SMCS; Morris,M $4.86 SMCS; Mosbarger,B $143.51 SMCS; Mr. Automotive $2,749.19 SMCS; Mullennix,K $40.00 SMCS; NAPA Auto Parts $1,845.41 SMCS; Nat'l Business Institute $289.00 SMCS; National Waterworks $8,077.69 SMCS; Nat'l Rec & Park $70.00 SMCS; Natsuko,W $24.56 SMCS; NE Child Support $1,045.43 PS; NE Dept of Aeronautics $1,470.00 DS; NE Dept of Agriculture $270.00 SMCS; NE Health Lab $517.00 SMCS; NE Dept of Revenue $7,567.85 SMCS; NE Fire Chiefs Assoc $60.00 SMCS; NE Machinery $468.44 SMCS; NE Statewide Arboretum $125.00 SMCS; NE Workforce Development $2,632.00 SMCS,PS; NE Golf & Turf $14.31 SMCS; NE Nat'l Bank $21,950.00 DS; NE Truck Center $119.32 SMCS; NEland Dist $988.00 SMCS; New World Inn $227.76 SMCS; Nogg $690.81 SMCS; Northwestern $11,807.15 SMCS; Office Depot $643.74 SMCS; Office Max $478.62 SMCS,CO; Officenet $219.54 SMCS; O'Keefe Elevator $125.92 SMCS; O'Reilly $1,274.29 SMCS; Orscheln $1,938.71 SMCS; Overhead Door $395.00 SMCS; Paramount $1,574.65 SMCS; Paul Otto Curb Grinding $45.00 CO; Payflex Systems $378.25 SMCS; Paypal $109.99 SMCS; Pen Fire Engineering $19.95 SMCS; PEP $97.34 SMCS; Pepsi-Cola $755.56 SMCS; Phones N Such $97.49 CO; Platte Valley Comm $18,396.01 SMCS, CO; Pollock,S $20.13 SMCS; Precision Industries $48.08 SMCS; Prestige Flag $233.25 SMCS; Presto-X $50.00 SMCS; Procon Products $76.27 SMCS; Pump & Pantry $33.70 SMCS; Quill $548.90 SMCS; R&R Products $798.46 SMCS; Radio Shack $283.50 SMCS,CO; Radisson Hotel $703.99 SMCS; Random House $237.60 SMCS; Ready Mixed $943.09 SMCS,CO; Reams Sprinkler Supply $680.06 SMCS; Recorded Books $1,273.87 SMCS; REI Jems-Wildland Fire $29.90 SMCS; Resource Mgt $593.10 SMCS; Riverside Animal Hosp. $2,174.35 SMCS; Roth,K $15.17 SMCS; SA Foster Lumber $15.29 SMCS; Sahling Kenworth $26.76 SMCS; S-F Analytical $674.00 SMCS; Shatto,M $340.44 SMCS; Sherwin Williams $116.24 SMCS; Sign Center $125.00 SMCS; Snap-On Tools $895.00 SMCS; Softchoice $133.51 CO; Sorensen Group $8,692.20 CO; Spec Cast $114.95 SMCS; Sterling Dist $96.30 SMCS; Story,G $215.17 SMCS; Sun Turf $18.44 SMCS; Sunsetter Awnings $1,632.85 CO; Super Shine Auto Wash $14.00 SMCS; Swanson Corp $905.17 SMCS; Syndistar $1,000.00 SMCS; SYX Tigerdirect.com $89.03 CO; Target $19.96 SMCS; Team Effort $564.24 SMCS; Tech Center Serv $30.00 SMCS; Texoma Golf $428.48 SMCS; TheLaw.net Corp $375.00 SMCS; Thompson,J $25.35 SMCS; Thomson Gale $56.13 SMCS; Tilley Sprinklers $204.13 SMCS; Titleist $11,477.18 SMCS; Tractor Supply $885.34 SMCS; Tri-City Outdoor $31.91 SMCS; Union Oil $802.40 SMCS; United Distillers $205.72 SMCS; United Seeds $973.50 SMCS; United States Golf Assoc $100.00 SMCS; UPS $112.21 SMCS; Urbanek,T $205.39 SMCS; US Bank $340,882.73 DS; U-Save Foods $27.89 SMCS; USPS $37.08 SMCS; Video Kingdom $129.97 SMCS; Viking $276.51 SMCS; Waldenbooks $37.13 SMCS; Wal-Mart $1,557.96 SMCS,CO; Walter's Electric $707.49 SMCS; Washington State Support $102.01 PS; West $629.24 SMCS; Wicks Sterling $202.08 SMCS; Wilke Donovans $425.82 SMCS,CO; Willa Cather Pioneer $37.50 SMCS; Winfield Concrete $6,500.00 CO; Wingate Inn $65.00 SMCS; Winning Edge Designs $226.57 SMCS; WPCI $214.00 PS; www.canfitu.com $436.65 SMCS; www.commontime.com $150.00 SMCS; Yanda's Music $265.00 CO; Payroll Ending 04-16-2005 -- $248,621.85.  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 May 10, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Ratify the action taken by the Kearney Municipal Airport Corporation to approve the Plans and Specifications for AIP Project Number 3-31-0045-15 (Airport Apron/Taxilane Improvements) and set the bid opening date for May 16, 2005 at 2:00 p.m.

 

5.         Ratify the action taken by the Kearney Municipal Airport Corporation to approve the T-Hangar B-3 Lease Agreement with Dennis McGowan, dba “Capital Holdings 149 LLC” and approve Resolution No. 2005-60.

 

RESOLUTION NO. 2005-60

 

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 T-Hangar B-3 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Dennis McGowan, dba “Capital Holdings 149 LLC”, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Ratify the action taken by the Kearney Municipal Airport Corporation to approve the First Amendment to Bosselman Energy Agreement and approve Resolution No. 2005-61.

 

RESOLUTION NO. 2005-61

 

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 First Amendment to Bosselman Energy Agreement, on behalf of the City of Kearney, Nebraska, with Bosselman Energy of Grand Island, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve Application and Certificate for Payment No. 1 in the amount of $30,277.80 submitted by Blessing LLC and approved by Miller & Associates for the 2004 Part VII Improvements – Bid B consisting of Paving Improvement District No. 2004-886 for Avenue K from 14th Street north to 15th Street, Paving Improvement District No. 2004-887 for 14th Street from Avenue K east to Avenue M, Paving Improvement District No. 2004-888 for 15th Street from Avenue K east to Avenue M, Paving Improvement District No. 2004-889 for 15th Street from Avenue H east to Avenue I and approve Resolution No. 2005-62.

 

RESOLUTION NO. 2005-62

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part VII Improvements – Bid B consisting of Paving Improvement District No. 2004-886 for Avenue K from 14th Street north to 15th Street, Paving Improvement District No. 2004-887 for 14th Street from Avenue K east to Avenue M, Paving Improvement District No. 2004-888 for 15th Street from Avenue K east to Avenue M, Paving Improvement District No. 2004-889 for 15th Street from Avenue H east to Avenue I, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $30,277.80 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$202,301.00

Contract Sum To Date

202,301.00

Gross Amount Due

33,642.00

Retainage

3,364.20

Amount Due to Date

30,277.80

Less Previous Certificates for Payment

              .00

Current Payment Due

$  30,277.80

 

 

            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 26TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the request submitted by Good Samaritan Health Systems and Kearney Park & Recreation to conduct the Good Samaritan Olympiad 5K on June 25, 2005 beginning at 8:30 a.m. The route will begin at Good Samaritan Hospital, south on Avenue A to 27th Street, east on 27th Street to Avenue I, north on Avenue I to Tabor Street, west of Tabor Street to 34th Street, south on 34th Street to Avenue G, south on Avenue G to 33rd Street, east on 33rd Street to Avenue H, south on Avenue H to 27th Street, west on 27th Street to Avenue A, north on Avenue to Good Samaritan Hospital.

 

9.         Approve the Water Monitoring Site Lease between the City of Kearney and Robert Cook and approve Resolution No. 2005-63.

 

RESOLUTION NO. 2005-63

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Water Monitoring Site Lease on behalf of the City of Kearney, Nebraska with Robert G. Cook, a copy of said Lease is marked as Exhibit “A”, attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve the request submitted by the Kearney Volunteer Fire Department to conduct the Nebraska Volunteer Firefighters on Parade on October 22, 2005 beginning at 2:00 p.m. The route will begin at Railroad Street and Central Avenue, north on Central Avenue to 26th Street. The staging area will include Railroad Street from Avenue C to 4th Avenue.

 

11.        Approve the request submitted by the Kearney Volunteer Fire Department to hang a banner at the intersection of Central Avenue and 22nd Street from October 10, 2005 until October 24, 2005 in honor of the Nebraska Volunteer Firefighters on Parade.

 

12.        Approve the Agreement submitted by the Central Nebraska Auto Club to block off Central Avenue from 25th Street to North Railroad Street, 23rd Street from 1st Avenue to Avenue A, the parking lot located west of Cunningham’s Journal, the parking lot located behind City Hall, and the parking lot located north of MONA and to conduct a parade on July 16, 2005 in conjunction with Cruise Nite 2005.

 

13.        Approve Application and Certificate for Payment No. 4 in the amount of $49,086.69 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part I Improvements, Phase IV consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road and approve Resolution No. 2005-64.

 

RESOLUTION NO. 2005-64

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part I Improvements – Phase IV consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $49,086.69 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$776,763.00

            Change Order No. 1 (9-28-2004)

-128,000.00

            Change Order No. 2 (11-23-2004)

+      870.00

Contract Sum To Date

649,633.00

Gross Amount Due

554,956.40

Retainage

27,747.82

Amount Due to Date

527,208.58

Less Previous Certificates for Payment

  478,121.89

Current Payment Due

$  49,086.69

 

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

            PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

14.        Approve Application and Certificate for Payment No. 3 in the amount of $46,550.25 submitted by Blessing LLC and approved by Miller & Associates 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 approve Resolution No. 2005-65.

 

RESOLUTION NO. 2005-65

 

WHEREAS, Blessing, LLC has performed services in connection with 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 the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $46,550.25 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$945,531.50

            Change Order No. 1 (12-28-2004)

+       660.00

Contract Sum To Date

946,191.50

Gross Amount Due

417,500.20

Retainage

41,750.02

Amount Due to Date

375,750.18

Less Previous Certificates for Payment

   329,199.93

Current Payment Due

$  46,550.25

 

            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 is hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7170 – PURCHASING ORDINANCE

 

The City currently has no formal purchasing policy other than what is required by state statute.  A goal of the Finance Department for this fiscal year is to draft and implement a Purchasing Policy for the City of Kearney.  Attached is an ordinance that will establish a “Purchasing” article within the Codes of the City of Kearney.  The ordinance includes the following provisions:

·         Establishment of the office of the Purchasing Agent.

·         Establishment of the responsibilities and duties of the Purchasing Agent.

·         Procedures required when purchasing supplies, equipment, or contractual services that exceed $20,000.00.

·         Procedures required when purchasing supplies, equipment, or contractual services that are less than $20,000.00.

·         Procedures required when procuring professional services.

·         Procedures required for sole source procurement.

·         Procedures required for emergency purchases.

·         Procedures required for travel and other miscellaneous purchases.

·         Establishment of the prescribed authority structure.

·         Procedure required for requisitions and estimates.

·         Requirements for performance and payment bonds.

·         Exceptions for state and federally funded programs.

·         Provisions for the prohibition of City employees accepting gifts and rebates.

·         Requirements for an annual inventory of all real and personal property.

·         Procedures required for selling or disposing of surplus property.

 

Council Member Kearney introduced Ordinance No. 7170, being Subsection 1 of Agenda Item V to amend the Kearney City Code by adding a new Article 15 entitled “Purchasing” to Chapter 1 “Administration”; to provide a title; to provide definitions; to establish the office of purchasing agent and appointment of said agent; to provide responsibilities and duties of the purchasing agent; to require formal contract procedures; to provide for informal bidding; to provide requirements for professional services; to provide for emergency purchases; to set forth the requirements for miscellaneous expenditures; to prescribe authority structures; to provide requisitions and estimates; to provide encumbrance or funds; to require performance and payment bonds; to provide for exceptions; to provide prohibition of interest; to prohibit gifts and rebates; to require inventory; and to provide surplus stock, 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 Clouse 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: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. 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. 7170 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7170 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7170 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.

 

VI.    REGULAR  AGENDA

 

AWARD BID – 2005 PART II IMPROVEMENTS

 

Mayor Hadley opened for discussion the bids received for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue and to consider approval of Resolution No. 2005-66 awarding the bid to Midlands Contracting in the amount of $928,987.00 and approve Change Order No. 1 for a decrease in the amount of $219,141.86.

 

Jeff Peterson from Miller & Associates presented this matter to the Council. At the April 12, 2005 Council meeting the Council approved a resolution authorizing the City Manager to negotiate a contract for services, material and labor required to construct the 2005 Part II Improvements.  Negotiations were authorized because the low bid received for the work exceeded the Engineer’s Estimate and the City Budget for the work.

 

City Staff and the Engineer have completed the negotiations authorized by the Council and have deleted, by Change Order No.1, the work associated with the water mains crossing under the Union Pacific Railroad tracks at Avenue C and at 5th Avenue.

 

Deleting the water main replacement projects under the Union Pacific Railroad tracks has reduced the contract amount by $219,141.86.  This brings the total contract amount below the Engineer’s Estimate and within the City Budget.

 

Moved by Lear seconded by Buschkoetter to approve the bids received for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue and approve Resolution No. 2005-66 awarding the bid to Midlands Contracting in the amount of $928,987.00 and approve Change Order No. 1 for a decrease in the amount of $219,141.86. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-66

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on March 14, 2005, at 2:00 p.m. for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $889,482.13; and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting of Kearney, Nebraska in the sum of $928,987.00 be accepted as the lowest responsible bid; and

WHEREAS, Administration recommends accepting the bid submitted by Midlands Contracting of Kearney, Nebraska subject to the City approving Change Order No. 1 for a decrease in the amount of $219,141.86, as provided in the contract as follows:

 

Original Contract Price

$928,987.00

            Change Order No. 1 (4-26-2005)

- 219,141.86

New Contract Price

$709,845.14

 

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Midlands Contracting of Kearney, Nebraska be and is the lowest responsible bidder for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Midlands Contracting of Kearney, Nebraska in the sum of $928,987.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED that Change Order No. 1 for a decrease in the amount of $219,141.86 be and is hereby accepted and approved.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2005 Part II Improvements in the amount of $889,482.13 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 26TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

OPEN ACCOUNT CLAIMS – NEBRASKA PUBLIC POWER DISTRICT - $2,199.15; FREMONT NATIONAL BANK - $35,601.20; AND $1,295.76 – PLATTE VALLEY STATE BANK

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $2,199.15 payable to Nebraska Public Power District; $35,601.20 to Fremont National Bank; and $1,295.76 to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Hadley that Council adjourn at 7:14 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK