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Kearney, Nebraska

June 28, 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 June 28, 2005 in the Council Chambers at City Hall. This meeting adjourned at 7:05 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:06 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; Amber Brown, Management Assistant; 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: Billy Dibbern, Karen Dibbern, Chris Miller, Trenton Snow, Jerry Theis, Mike Konz from Kearney Hub, Mike Cahill from KKPR Radio, and Steve Altmaier 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 members held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Reed Davis of Troop #158 led the Council members and audience in the Pledge of Allegiance.

 

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

PROPOSED ACQUISITION FOR MUNICIPAL WATER WELL FIELD

 

Mayor Hadley opened the public hearing on the proposed acquisitions for municipal water well field purposes for two tracts of land described as follows: TRACT 1 – the West Half of Section 23, Township 9 North, Range 17 West of the 6th P. M., containing 320 acres more or less, Buffalo County, Nebraska; AND TRACT 2 – the East Half of Section 14 and the Northeast Quarter of Section 23, all in Township 9 North, Range 17 West of the 6th P. M., containing 480 acres more or less, Buffalo County, Nebraska and to consider approval of Resolution No. 2005-97.

 

Kirk Stocker Director of Utilities presented this matter to the Council. Section 18-1755 of the Nebraska Revised Statute, requires that a City of the First Class acquiring an interest in real property by purchase or eminent domain shall do so only after the governing body has authorized the acquisition by action taken in a public hearing.  City Administration is requesting permission to purchase two tracts of land, which our Engineer believes can be developed as a municipal well field.  The proposed well field was recommended in the 1997 Water System Facility Plan approved by the Council on October 28, 1997.

 

Administration has negotiated an Option Agreement to acquire the West Half of Section 23, Township 9 North, Range 17 West of the 6th P.M., consisting of approximately 320 acres more or less.  Administration is also attempting to negotiate an Option Agreement to acquire the East Half of Section 14 and the Northeast Quarter of Section 23 all in Township 9 North, Range 17 West of the 6th P.M., consisting of approximately 480 acres more or less.

 

The authorization to negotiate would be contingent on receiving a well construction permit from Central Platte Natural Resource District.  Their board will have a meeting and will look at what is being proposed to construct before they will issue a permit to construct the wells.  Director of Utilities felt fairly confident that the permit will be issued after talking to their technical staff.  Initially, they anticipate utilizing 56th Street to lay the transmission main from the well field in to the City.  There is another possible route that they will look into, but it appears 56th Street is the most efficient route.   The design of the wells has not been done yet.  They do have a general idea of what the wells will produce, based on test holes and test wells that they have installed.  Driving the route and looking at the map, it appears that 56th Street would facilitate the flow.  The current Platte River well field is a very good well field; however, the capacity of the well field is reduced when the Platte River flows decline. 

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Bushkoetter to close the hearing and approve the proposed acquisitions for municipal water well field purposes for two tracts of land described as follows: TRACT 1 – the West Half of Section 23, Township 9 North, Range 17 West of the 6th P. M., containing 320 acres more or less, Buffalo County, Nebraska; AND TRACT 2 – the East Half of Section 14 and the Northeast Quarter of Section 23, all in Township 9 North, Range 17 West of the 6th P. M., containing 480 acres more or less,  Buffalo County, Nebraska and approve Resolution No. 2005-97. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-97

 

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

            WHEREAS, the required appraisals have been performed and are hereby accepted by the City; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for a municipal well field and voted in favor to proceed with the following acquisitions; and

TRACT 1

 

The West Half of Section 23, Township 9 North, Range 17 West of the 6th P. M., containing 320 acres more or less, Buffalo County, Nebraska

 

AND

 

TRACT 2

 

The East Half of Section 14 and the Northeast Quarter of Section 23, all in Township 9 North, Range 17 West of the 6th P. M., containing 480 acres more or less, Buffalo County, Nebraska

 

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that Administration be and is hereby authorized and directed to proceed with the proposed acquisitions subject to and contingent upon the successful approval of requisite well permits.

            PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Bushkoetter seconded by Hadley that Subsections 1 through 15 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 June 14, 2005.

 

2.         Approve the following Claims: 370 Express $29.01 smcs; A.M. Player $63.63 smcs; Aabaco Industries $161.69 smcs; Ace Hardware $177.35 smcs; Ace Irrigation $110.00 smcs; Advance Auto $12.35 smcs; Advanced Fluid Power $367.84 smcs; Aesseal $1,968.55 smcs; AFLAC $1,681.30 ps; Alltel $2,254.75 smcs; Almquist,R $115.00 smcs; AMAX $560.00 smcs; Amazon $492.86 smcs,co; Amer Electric $1,408.59 smcs,co; Amer Fence $160.00 smcs; ASCAP License $186.00 smcs; Ask Supply $1,270.02 smcs; Auto Glass Center $89.99 smcs; Baker & Taylor $1,191.75 smcs; BBC Audiobooks $57.00 smcs; Bellevue Settle Inn $537.60 smcs; Ben Franklin $32.09 smcs; Bennett,T $1,137.00 smcs; Blessing $75.00 co; BlueCross BlueShield $62,313.66 smcs; Bosselman $17,254.51 smcs; Bound To Stay Books $697.58 smcs; Bowman,R $17.05 smcs; Buckle $185.31 smcs; Buffalo Co Historical Society $10.00 smcs; Buggy Bath $7.50 smcs; Builders $1,763.83 smcs,co; BW Omaha Settle Inn $292.32 smcs; Cabela's $98.00 smcs; Campbell Pet Co $206.83 smcs; Capital Media Group $747.95 smcs; Cash-Wa $211.78 smcs; CBA Lighting $167.60 smcs; CDW Govt $145.00 co; Centaur Ent $22.34 smcs; Central Fire $854.75 smcs; Central Hydraulic $402.13 smcs; Centurion Tech $58.00 smcs; CHAD $16.00 ps; Chesterman $672.00 smcs; City of Ky $169,424.20 smcs,ps; City of Salina $889.44 ps; College Savings Plan $50.00 ps; Connelly Industrial $546.81 smcs; Conseco Life Ins $38.00 ps; Construction Rental $248.10 smcs; Copycat $359.08 smcs; Create for Less $22.95 smcs; Creative Teacher $17.51 smcs; Crocker Monogramming $81.00 smcs; Crossroads Ford $193.88 smcs; Culligan $360.10 smcs; Cummins $107.45 smcs; D&D Industries $694.00 smcs; Dannehl's $112.65 smcs; Dawson Co PPD $18,170.18 smcs; Day,D $1,253.75 smcs; Dell $2,754.82 smcs,co; Denver E-Newspaper $30.00 smcs; Deterding's $20,559.95 smcs,co; Diamond Vogel $343.38 smcs; DPC $4,223.68 smcs; Dreyer,D $102.52 smcs; Dubs $49.98 smcs; Dugan $328.80 smcs; Dutton-Lainson $304.05 smcs; Eakes $728.74 smcs,co; Earl May $346.13 smcs; EDMO Distributor $746.60 smcs; Eickhoff,B $3.00 ps; Elliott Equipment $1,839.41 smcs; Embassy Suites $272.80 smcs; Eustis Body Shop $45.00 smcs; Evangelical Lutheran $8,734.00 smcs; Fairbanks Int'l $187.30 smcs; Farm Plan $1,230.31 smcs; Farmers Union $911.43 smcs; Fastenal $752.42 smcs; Firecom $49.19 smcs; Flaghouse $74.85 co; Fliteline Services $1,637.40 smcs; Footjoy $9,842.44 smcs; Foundation Center $471.50 smcs; Freburg,N $184.62 ps; Frontier $193.58 smcs; Galls $212.03 smcs; Garrett Tires $1,172.37 smcs; Gary's I-80 $80.00 smcs; Gas N Shop $30.69 smcs; Gealy's $108.00 smcs; Goodwill $15.00 smcs; Grainger $1,000.68 smcs,co; Grand Central $9.52 smcs; Gray Automotive $118.71 smcs; Great American Outdoor $1,007.18 smcs; Greg Larson Sports $234.33 smcs; H&H Distributor $1,630.30 smcs; Hach $147.40 smcs; Harding, Shultz & Downs $10,303.45 smcs; Harley Davidson $54.45 smcs; Harshbarger,K $27.90 smcs; Heartland Marketing $199.98 smcs; Highsmith $31.41 smcs; Hobby-Lobby $17.24 smcs; Holiday $87.63 smcs; Holiday Inn Aurora $101.53 smcs; Holmes Plumbing $529.91 smcs,co; Hydrologic $798.27 smcs; ICMA $2,665.95 smcs,ps; Inland Truck Parts $164.62 smcs; IRS $93,079.15 ps; Int'l Assoc of Electrical $180.00 smcs; IPMA-HR $299.00 smcs; J J Keller $172.50 smcs; Jack Lederman $138.21 smcs; Johnson Controls $532.00 smcs; Johnson Hardware $355.00 smcs; Johnson Lawn $210.00 smcs; Junkman Recycling $23.00 smcs; K K Convenience Store $22.26 smcs; K&K Parts $149.83 smcs; Ky Area United Way $614.36 ps; Ky Chamber of Comm $1,039.27 smcs; Ky Clinic $508.00 smcs,ps; Ky Concrete $372.63 smcs; Ky Implement $782.64 smcs; Ky Tire $73.57 smcs; Ky Whse $1,612.38 smcs; Ky Yamaha $171.77 smcs; Kewanna Screen Printing $233.09 smcs; Kipp Brothers $46.75 smcs; Koetters,J $18.60 smcs; Kriha Fluid Power $69.34 smcs; Kussmaul Electric $48.05 smcs; La Jolla Club Golf $6.02 smcs; Laughlin,K $360.00 ps; Lawson Products $59.24 smcs; Lesco $26.11 smcs; Lexis Nexis $91.15 smcs; Lincoln Tent $375.00 smcs; Linweld $213.58 smcs; Lockmobile $756.97 smcs; Magic Cleaning $3,550.00 smcs; Mail Express $26.93 smcs; Marlatt Machine $291.38 smcs; Marriott Hotel $80.21 smcs; Maryland Screen Printers $593.20 smcs; May,J $46.50 smcs; McCarty,D $60.65 smcs; McCollister $930.51 smcs; McDermott & Miller $5,200.00 smcs; Mcmaster-Carr $810.48 smcs; Menards $1,660.06 smcs; Meteorlogix $576.95 er; Metlife $3,899.44 ps; MGS Tech $27.38 co; Michael Todd $396.94 smcs; Micromarketing $36.50 smcs; Mid America Pay Phones $100.00 smcs; Midlands Contracting $596,952.28 co; Midwest Turf $191.32 smcs; Miller Signs $339.00 smcs,co; Mncpl Emergency Svcs $38.37 smcs; Mollring,M $13.50 smcs; Momar $745.94 smcs; Mr. Automotive $1,033.68 smcs; MSI $1,917.00 smcs; Municipal Supply $150.77 smcs; Napa $1,182.50 smcs; Nat'l Paper Supply $115.66 smcs; NWWA $13,856.17 smcs; Nat'l Recreation $350.00 smcs; NCS Equipment $82.71 smcs; NDEQ $232,473.35 smcs,ds; NE Child Support $1,045.43 ps; NE DOL $210.00 smcs; NE Health Lab $2,882.00 smcs; NE Dept of Revenue $59,752.53 smcs,ps; NE GIS/LIS Assoc $175.00 smcs; NE Golf & Turf $760.00 smcs; NE Library Assoc $42.00 smcs; NE Machinery $1,615.18 smcs; NE Wine & Spirits $103.57 smcs; NEland Distributors $1,528.15 smcs; Newman Traffic Signs $430.00 smcs; Nichols Farrier $75.00 smcs; Nogg Chemical $1,322.23 smcs; Northern Tool $283.51 smcs; Northwestern $1,943.97 smcs; NWEA $160.00 smcs; Office Max $715.94 smcs,co; Officenet $1,142.61 smcs,co; O'Keefe Elevator $393.06 smcs; OPS Systems $200.00 smcs; O'Reilly $824.84 smcs; Oriental Trading $236.92 smcs; Orscheln $543.14 smcs; Our Designs $11.95 ps; Outdoor Recreation $319.00 smcs; Payflex Systems $374.00 ps; PBD Ala-Graph $14.40 smcs; PBM-Sub Fire Chief $60.00 smcs; Peerless Irrigation $4,629.15 smcs; Pepsi-Cola $946.80 smcs; Petroleum Equipment $514.49 smcs; Ping $112.47 smcs; Pioneer Mfg $475.00 smcs; PiranhaDisc $204.80 smcs; Platte Valley Comm $110.80 smcs; Presco Sales $912.00 smcs; Presto-X $140.00 smcs; Pro-Quest $2,300.00 smcs; Quill $141.16 smcs; Radio Shack $178.17 smcs,co; Rainbow Group $1,526.00 smcs; Rainbow Racing $88.00 smcs; Random House $256.80 smcs; Ready Mixed Concrete $13,449.37 smcs,co; Reams $4,056.72 smcs,co; Redman's $165.05 smcs; Resource Tech $228.40 smcs; Rhode Island Novelty $165.31 smcs; Riverside Animal $2,874.35 smcs; S A Foster Lumber $35.61 smcs; SS Arts Craft $487.75 smcs; Sahling Kenworth $1,267.89 smcs; Sandstedt,T $12.00 smcs; Schanou,J $46.50 smcs; Schmitt,J $27.90 smcs; Schmitz,J $10.00 smcs; Schwan's $232.77 smcs; Seminars $207.00 smcs; Sesna,D $943.82 smcs; Sherwin Williams $290.98 smcs; Shirt Shack $2,213.80 smcs; Sign Center $355.00 smcs; Smart Estore $204.30 smcs; Sport Supply $94.96 smcs; Steinbrink's $204.78 smcs; Sterling Distributing $64.20 smcs; Strategic Insights $550.00 smcs; Stumps $67.93 smcs; Suleiman,K $43.00 smcs; Summit Heating $7,942.68 co; Super Shine $49.30 smcs; T&F Sand $182.76 smcs; Tailor Bill's $242.82 smcs; Target $35.12 smcs; Texoma Golf $151.00 smcs; Thompson,L $60.00 smcs; Thomson Gale $221.69 smcs; Thrifty Car Rental $4,369.49 smcs; Tielke Enterprise $135.62 smcs; Titleist $4,904.52 smcs; Tokay Software $1,400.00 smcs; Tracefone Wireless $53.24 smcs; Tractor Supply $1,970.06 smcs,co; Tri-City Outdoor $247.93 smcs; Turner Body Shop $66.00 smcs; UNISYS $149.70 smcs; United Distillers $203.17 smcs; United Seeds $2,262.50 smcs; UPS $27.20 smcs; US Toy $40.35 smcs; U-Save Foods $171.60 smcs; USPS $59.75 smcs; Van Diest $52.19 smcs; Waldenbooks $120.00 smcs; Wal-Mart $1,580.21 smcs,ps; Washington State Support $102.01 ps; West $812.60 smcs; Wilke Donovan's $283.62 smcs; Wilson Doors $187.37 smcs; Winning Edge $10.92 smcs; WPCI $132.00 ps; Xerox $90.25 smcs; Zimmerman Printers $117.15 smcs; Payroll Ending 06-11-2005 -- $289,685.45.  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 12, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Authorize the City Manager to sign the applications for permits for the construction of nine municipal wells, to submit the applications to the Central Platte Natural Resources and District, and approve Resolution No. 2005-98.

 

RESOLUTION NO. 2005-98

 

            WHEREAS, the City of Kearney is attempting to negotiate the purchase of two tracts of land for a municipal water well field; and

            WHEREAS, it is necessary to apply to the Central Platte Natural Resources District for nine municipal water well permits.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that Administration be and is hereby authorized and directed to apply to the Central Platte Natural Resources District for the necessary well permits.

            PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve the application for a Special Designated License submitted by Brian Metz in connection with his Class CK62578 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on July 16, 2005 from 5:00 p.m. until 1:00 a.m. for a wedding reception and dance subject to the City receiving the required Certificate of Insurance.

 

6.         Approve the application for a Special Designated License submitted by DOUGLAS HOOS, dba “Tub’s Pub” in connection with their Class CK282 liquor license to dispense beer, wine and distilled spirits in the in the Great Platte River Road Archway Monument, which includes a 20’x40’ tent, 3060 East 1st Street, on July 23, 2005 from 4:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

7.         Approve the Plans and Specifications for the 2005 Part III Improvements consisting of Paving Improvement District No. 2005-893 for 9th Avenue from 10th Street to 11th Street; Paving Improvement District No. 2005-896 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Paving Improvement District No. 2005-897 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Paving Improvement District No. 2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; and Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac and set the bid opening date for July 19, 2005 at 2:00 p.m.

 

8.         Approve Change Order No. 2 showing an increase in the amount of $19,710.85, Application and Certificate for Payment No. 5 in the amount of $226,919.70 submitted by Blessing, LLC and approved by Miller & Associates 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 approve Resolution No. 2005-99.

 

RESOLUTION NO. 2005-99

 

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 Change Order No. 2 showing an increase in the amount of $19,710.85 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing, LLC and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 5 in the amount of $226,919.70 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

            Change Order No. 2 (6-28-2005)

+  19,710.85

 

 

Contract Sum To Date

965,902.35

Gross Amount Due

901,020.39

Retainage

27,030.61

Amount Due to Date

873,989.78

Less Previous Certificates for Payment

  647,070.08

Current Payment Due

$226,919.70

 

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2 as shown on Exhibit “A”, and Application and Certificate of Payment No. 5 as shown on Exhibit “B” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve Change Order No. 3 showing an decrease in the amount of $47,491.99, Application and Certificate for Payment No. 5-Final in the amount of $74,932.43 and the Certificate of Substantial Completion submitted by Paulsen, Inc. and approved by Miller & Associates 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 approve Resolution No. 2005-100.

 

RESOLUTION NO. 2005-100

 

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 Change Order No. 3 showing a decrease in the amount of $47,491.99 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Paulsen, Inc. and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 5-Final in the amount of $74,932.43 as shown on Exhibit “B” 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

            Change Order No. 3 (6-28-2005)

- 47,491.99

Contract Sum To Date

$602,141.01

Gross Amount Due

602.141.01

Retainage

.00

Amount Due to Date

602,141.01

Less Previous Certificates for Payment

  527,208.58

Current Payment Due

$  74,932.43

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of April 1, 2005, 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. 3 as shown on Exhibit “A”, Application and Certificate of Payment No. 5-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 28TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve Application and Certificate for Payment No. 2 in the amount of $15,778.80 submitted by Blessing, LLC. and approved by Miller & Associates in connection with the 2004 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-101.

 

RESOLUTION NO. 2005-101

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $15,778.80 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$188,558.50

Contract Sum To Date

188,558.50

Gross Amount Due

71,453.88

Retainage

7,145.39

Amount Due to Date

64,308.49

Less Previous Certificates for Payment

    48,529.69

Current Payment Due

$  15,778.80

 

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

            PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve Application and Certificate for Payment No. 2 in the amount of $183,059.48 submitted by Blessing, LLC. and approved by Miller & Associates in connection with the 2004 Part VII Improvements – Bid B consisting of Paving Improvement District No. 2004-884 for Avenue A from 11th Street to 10th Street, 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. 2005-102.

 

RESOLUTION NO. 2005-102

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part VII Improvements – Bid B consisting of Paving Improvement District No. 2004-884 for Avenue A from 11th Street to 10th Street, 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. 2 in the amount of $183,059.48 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$202,301.00

            Change Order No. 1 (6-14-2005)

+  52,883.00

Contract Sum To Date

$255,184.00

Gross Amount Due

217,691.10

Retainage

4,353.82

Amount Due to Date

213,337.28

Less Previous Certificates for Payment

    30,277.80

Current Payment Due

$183,059.48

 

            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 is hereby accepted and approved.

            PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve Change Order No. 1 showing an increase in the amount of $37,419.65, Application and Certificate for Payment No. 1-Final in the amount of $350,552.40 and the Certificate of Substantial Completion submitted by Paulsen, Inc. and approved by Miller & Associates in connection with the 2004 Part IV Improvements consisting of Paving Improvement District No. 2003-872 for North Railroad Street from Central Avenue to Avenue B and approve Resolution No. 2005-103.

 

RESOLUTION NO. 2005-103

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part IV Improvements consisting of Paving Improvement District No. 2003-872 for North Railroad Street from Central Avenue to Avenue B, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $37,419.65 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Paulsen, Inc. and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1-Final in the amount of $350,552.40 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$313,132.75

            Change Order No. 1 (6-28-2005)

+  37,419.65

Contract Sum To Date

$350.552.40

Gross Amount Due

350,552.40

Retainage

.00

Amount Due to Date

350,552.40

Less Previous Certificates for Payment

               .00

Current Payment Due

$350,552.40

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of May 27, 2005, 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 of Payment No. 1-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 28TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve Application and Certificate for Payment No. 1 in the amount of $195,323.40 submitted by Bryant & Bryant Construction and approved by Miller & Associates in connection with the  2004 Part VIII Improvements consisting of Intersection Improvement District No. 2000-1 for Central Avenue and 21st Street, Intersection Improvement District No. 2000-2 for Central Avenue and 22nd Street, Intersection Improvement District No. 2000-3 for Central Avenue and 23rd Street, and Intersection Improvement District No. 2000-4 for Central Avenue and 24th Street and approve Resolution No. 2005-104.


RESOLUTION NO. 2005-104

 

WHEREAS, Bryant & Bryant Construction, Inc. has performed services in connection with the  2004 Part VIII Improvements consisting of Intersection Improvement District No. 2000-1 for Central Avenue and 21st Street, Intersection Improvement District No. 2000-2 for Central Avenue and 22nd Street, Intersection Improvement District No. 2000-3 for Central Avenue and 23rd Street, and Intersection Improvement District No. 2000-4 for Central Avenue and 24th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $195,323.40 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$274,183.00

Contract Sum To Date

274,183.00

Gross Amount Due

217,026.00

Retainage

21,702.60

Amount Due to Date

195,323.40

Less Previous Certificates for Payment

              .00

Current Payment Due

$195,323.40

 

            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 28TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

14.        Approve the request to extend Conditional Use Permit No. 1989-08 submitted by Colleen Parker to locate a day care center on property located at 1920 West 24th Street for a period of one year.

 

15.        Approve the request submitted by Yanda’s Music & Pro Audio to block off Central Avenue from 22nd Street to 24th Street on July 12, 2005 from 6:00 p.m. until 6:00 a.m. July 13, 2005 for the reason to move from their old building located at 2220 Central Avenue to their new building located at 2301 Central Avenue.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT -- $51,007.57; FREMONT NATIONAL BANK -- $37,339.08

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $51,007.57 payable to Nebraska Public Power District, and $37,339.08 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

 

REPORTS

 

ALCOHOL CONCERNS

 

Council member Clouse voiced his concern on the alcohol situation that arose from the Police sting a couple of weeks ago. One involved a City facility and the other involved two establishments that the Council just approved liquor licenses for in the last couple of months. He believed, as a Council, they should respond to these kinds of situations.  He suggested that they identify a plan on how to approach this subject and be proactive.  These operations need to happen, but a follow up plan is also needed.  

 

Council member Kearney was in agreement that since a City facility was involved, the City needs to lead the way.  He believed this incident was embarrassing and unacceptable.  The Liquor Commission controls the violations, but the City does have control over the Meadowlark Hills Golf Course. Mayor Hadley said that there were three or four approved in the last six months that have been involved.  He has discussed this with the City Manager and suggested that the Council sit down with him to make a plan for some accountability.  Council member Clouse stated he found that the staff at the golf course has taken some immediate steps to bring focus to this situation and to be better trained.  This is a key issue and we need to look at both sides and support the staff that we hire and employ to make sure that they appropriately execute their duties. This was not an acceptable situation, but believed they have taken some immediate steps to correct this situation.  He said he has been at the golf course a couple of times in the last week and he saw that they have definitely taken some positive steps. 

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 7:19 a.m. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK