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Kearney, Nebraska

July 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 July 26, 2005 in the Council Chambers at City Hall. This meeting adjourned at 7:08 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:09 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, and Bruce Lear. Absent: Stan Clouse.  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: Dan Steinhauser, Gene Rains, Jerry Thompson, Jim Fiala, Ken Tracy, Terry Eirich, Jim Tacha, John Bartling, Ryan Smith, Tim Hastings, Dave Pratt, Susan Rains, Jim Fox, Mike Konz from Kearney Hub, Steve Altmaier from KGFW Radio, and Mike Cahill from KKPR 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

 

The Kearney Volunteer Fire Department’s Honor Guard presented the flags and led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION

 

Mayor Hadley and Council Members recognized and presented service award plaques to the following Kearney Volunteer Firefighters: Gene Rains – 25 years, Tim Hastings – 15 years, Dave Pratt – 15 years, Dan Steinhauser – 15 years, John Bartling – 5 years, and Ryan Smith – 5 years.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

PROPOSED ACQUISITION OF SANITARY SEWER EASEMENTS BY CAMRON INC.

 

Mayor Hadley opened the public hearing on the proposed acquisition of two permanent Sanitary Sewer Easements granted to the City of Kearney by Camron, Inc. as follows: (1) 20-foot strip of land lying in a tract of land being part of the East Half of the Southwest Quarter, part of Government Lot 3 located in Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska AND a 20-foot strip of land being part of Government Lot 3 and situated in the Kearney Branch of the Union Pacific Railroad Company's right-of-way (now abandoned) and all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and to consider approval of Resolution No. 2005-110.

 

Director of Utilities Kirk Stocker presented this matter to the Council. In 2002 the City constructed the Northeast Trunk Sewer in Union Pacific Railroad right-of-way from 56th Street northwesterly to Avenue N.  The Union Pacific issued a permit that allowed the City to occupy the right-of-way for the purpose of constructing and maintaining a sanitary sewer main.  Since completing the construction of the sanitary sewer main the Union Pacific has sold the right-of-way.  The owner of the Railroad right-of-way and the Utilities Department agree that a sanitary sewer easement given by the owner and filed at the Register of Deeds office is the best way to track the sewer main location. Section 18-1755 of the Nebraska Revised Statutes, copy attached, requires that before 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.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the proposed acquisition of two permanent Sanitary Sewer Easements granted to the City of Kearney by Camron, Inc. as follows: (1) 20-foot strip of land lying in a tract of land being part of the East Half of the Southwest Quarter, part of Government Lot 3 located in Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska AND a 20-foot strip of land being part of Government Lot 3 and situated in the Kearney Branch of the Union Pacific Railroad Company's right-of-way (now abandoned) and all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and approve Resolution No. 2005-110. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-110

 

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

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

            WHEREAS, Camron Inc., a Nebraska Corporation, has granted to the City of Kearney, Nebraska, two Permanent Sanitary Sewer Easements as follows:

Permanent Sanitary Sewer Easement

A tract of land being part of the East Half of the Southwest Quarter, part of Government Lot 3, and all being located in Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, said tract being 20.0 feet in width and with the centerline of said tract being more particularly described as follows: Referring to the southeast corner of the Southwest Quarter of said Section 19; thence northerly on the east line of said Southwest Quarter a distance of 1299.88 feet; and the Point of Beginning; thence deflecting left 50°08'31" a distance of 51.88 feet; thence left 01°00'56" a distance of 394.68 feet; thence left 00°06'08" a distance of 394.30 feet; thence right 00°14'24" a distance of 388.34 feet; thence left 00°11'02" a distance of 550.20 feet; thence left 00°15'50" a distance of 228.77 feet; thence right 46°11'02" a distance of 84.43 feet to a point on the north line of the Southwest Quarter and the Point of Termination, said point being on the south line of Gary Addition and 1042.30 feet east of the northwest corner of the Southwest Quarter, all in Buffalo County, Nebraska.

AND

Permanent Sanitary Sewer Easement

A 20.0 foot strip of land being part of Government Lot 3 and situated in the Kearney Branch of the Union Pacific Railroad Company's right-of-way (now abandoned) and all located in Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, and more particularly described as follows: Referring to the northwest corner of said Government Lot 3 and assuming the north line of said Government Lot 3 as bearing S89°57'37"E and all bearings contained herein are relative thereto; thence S89°57'37"E and on said north line a distance of 845.84 feet to the northeast corner of Eastbrooke Seventh, an addition to the City of Kearney, Buffalo County, Nebraska, and the southwesterly line of the Kearney Branch of the Union Pacific Railroad Company's right-of-way (now abandoned); thence S51°03'02"E and on said southwesterly right-of-way a distance of 423.25 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the centerline of said 20.0 foot strip of land; thence N77°20'33"E and on said centerline a distance of 27.03 feet; thence N38°56'58"E continuing on said centerline a distance of 42.51 feet to the point of termination, all in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the two Permanent Sanitary Sewer Easements granted by Camron Inc., a Nebraska Corporation, to the City of Kearney be and are hereby approved and accepted.

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Mayor Hadley asked that Subsection 18 of the Consent Agenda be removed for discussion.

 

Moved by Kearney seconded by Lear that Subsections 1 through 17 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

1.         Approve Minutes of Special Meeting held July 8, 2005 and Minutes of Regular Meeting held July 12, 2005.

 

2.         Approve the following Claims: Ace Irrigation $89.90 smcs; Air Midway $3,060.00 smcs; Alamar $25.16 smcs; Alloy Specialty $1,297.50 smcs; Alltel $2,178.93 smcs; Almquist,R $100.00 smcs; Amer Test Center $2,225.00 smcs; Arrow Seed $101.95 smcs; AT&T $104.88 smcs; Baker & Taylor $2,526.24 smcs; Barney Abstract $201.50 smcs; Becker,G $85.00 smcs; Big Flag Farm $747.60 smcs; Bill's Trailer Sales $3,995.00 smcs; Blessing $127,242.80 co,smcs; BlueCross BlueShield $59,298.16 smcs; Bosselman $5,148.50 smcs; Bound to Stay Books $105.00 smcs; Brodart $52.08 smcs; BSB Construction $136,205.82 co; Buffalo Co Reg Deeds $1.00 smcs; Buffalo Co Treasurer $263.73 smcs; Builders $1,390.72 smcs; Butler, Voigt & Stewart $74.29 smcs; Capper's $38.97 smcs; Carper,M $25.00 smcs; Cash-Wa $3,456.95 smcs; CDBG Certification $125.00 smcs; Central Hydraulic $322.56 co; Central Piping $416.52 smcs; Central Platte NRD $450.00 co; Chesterman $453.00 smcs; Chief $176.95 smcs; Christiancy,T $20.00 smcs; City of Ky $82,497.05 ps,smcs; City of Salina $889.44 ps; Clipper Herald $180.00 smcs; College Savings Plan $50.00 ps; Comfy Bowl $379.80 smcs; Construction Rental $46.00 co; Coop,J $12.00 smcs; Copy Cat $445.48 smcs; D&D Industries $138.75 smcs; Dawson Public Power $19,397.79 smcs; Delaet Electric $185.05 smcs; Depository Trust $77,080.00 ds; Deterding's $389.99 smcs; DPC $4,425.64 smcs; Dynix $14,813.00 co; Eakes $1,941.25 smcs; EDM Equipment $106,044.00 co; Eustis Body Shop $90.00 smcs; Fedex $82.89 smcs; Force America $1,171.74 smcs; Freburg,N $184.62 ps; Frontier $7,943.20 smcs; Galls $147.95 smcs; Gangwish Turf $243.00 smcs; Gaylord Bros $119.08 smcs; Gealey's Greenhouse $52.05 smcs; GI Hall Co Health Dept $2,198.00 smcs; GPAC $1,300.00 smcs; Grand Island Rural $108.75 smcs; Great American Outdoor $51.63 smcs; Great Plains One-Call $455.46 smcs; H&H Distributing $1,322.40 smcs; Hach $65.19 smcs; Hastings $7.19 smcs; Heiman $125.75 smcs; Highsmith $210.96 smcs; Hirst, Adrian $13.50 smcs; Hydrologic $175.00 smcs; ICMA RC $2,365.95 ps; Info USA Marketing $2,200.00 smcs; IRS $91,427.97 ps; IS Solutions $1,895.00 smcs; ISDN $188.25 smcs; Jack Lederman $29.88 smcs; Johnson Appraisal $2,000.00 co; Johnson Service $2,630.00 smcs; Kiplinger Letter $84.00 smcs; Koenig,C $20.00 smcs; Ky Chamber $8,123.32 smcs; Ky Clinic $1,280.00 ps,smcs; Ky Concrete $17,450.26 co,smcs; Ky Crete & Block $1,012.80 smcs,co; Ky Hub $2,425.91 co,smcs; Ky Towing $122.50 smcs; Lasertec  $191.68 smcs; Laughlin,K $360.00 ps; Leonard,L $18.00 smcs; LETA $75.00 smcs; Library Hotline $115.00 smcs; Lindner,S $41.70 co; Linweld $22.82 smcs; Luke,D $18.60 smcs; Magic Cleaning $2,950.00 smcs; Marlatt Machine $506.11 smcs,co; Mattley Advertising $112.26 smcs; McCollister $881.15 smcs; MES-Snyder $194.86 smcs; Micromarketing $34.00 smcs; Mid America Pay Phones $100.00 smcs; Mid-State Engineering $70.00 co; Mid-State Units $270.00 smcs; Midwest Laboratories $4,397.50 smcs; Midwest Turf $68.09 smcs; Mighty Ducts $100.00 smcs; Miller & Associates $35,514.58 smcs,co; Minitex $1,956.00 smcs; NE Child Support $1,045.43 ps; NE Dept Env Quality $15,076.01 smcs; NE Dept of Aeronautics $1,470.00 ds; NE Dept of Revenue $58,571.01 smcs; NE Workforce $5,600.00 ps; NEland Distributors $864.25 smcs; Nelson,J $890.52 co; Northwest Electric $10,845.49 smcs; Northwestern Energy $648.59 smcs; NWWA $7,015.54 smcs; Oceana Publications $169.02 smcs; Office Depot $518.37 smcs; Officenet $36.85 co; O'Keefe Elevator $445.32 smcs; Paramount $212.86 smcs; PEP $51.10 smcs; Pepsi-Cola $3,412.70 smcs; Platte Valley Comm $11,031.75 smcs,co; Platte Valley Medical $80.00 smcs; Precision Import $40.00 smcs; Presto-X $124.00 smcs; Quill $241.10 smcs; Random House $477.60 smcs; Recorded Books $44.77 smcs; Saathoff,J $82.62 smcs; Skeen Construction $5,200.00 smcs; St of NE Dept Ag $40.46 smcs; Stevens,N $54.00 smcs; Story,G $127.10 smcs; Sungard $63,749.27 smcs; Tesdall,G $250.00 smcs; Thome,B $13.20 smcs; Thompson,L $60.00 smcs; Thurston Heating $97.50 smcs; Tielke's Sandwiches $203.50 smcs; Towery,T $31.25 smcs; Turner Body Shop $90.00 smcs; United Distillers $235.39 smcs; Ups Store $149.18 smcs; Valvtect $2,872.10 smcs; Video Store Shopper $87.88 smcs; W.T. Cox Subscriptions $8,758.32 smcs; Washington State $102.00 ps; West $1,346.60 smcs; Worley,A $25.00 smcs; Xerox $732.32 smcs,co; Young,M $20.00 smcs; Payroll Ending 7-9-2005 -- $286,967.90.  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 August 9, 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 on approving AIP Project 3-31-0045-16 Kearney Snow Removal Equipment Building at the Kearney Municipal Airport and approve Resolution No. 2005-111 awarding the bid to Chief Industries/Chief Construction Company in the amount of $715,875.00 subject to concurrence by FAA.

 

RESOLUTION NO. 2005-111

 

            WHEREAS, Kirkham Michael Consulting Engineers and the City of Kearney have reviewed the sealed bid which was opened on July 18, 2005, at 2:00 p.m. for AIP Project No. 3-31-0045-16 (Snow Removal Equipment Building); and

WHEREAS, the said engineers have recommended the bid offered by Chief Industries/Chief Construction Company of Grand Island, Nebraska be accepted as the lowest responsible bid subject to approval by the F.A.A.  

            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 Chief Industries/Chief Construction Company of Grand Island, Nebraska be and is the lowest responsible bidder for AIP Project No. 3-31-0045-16 (Snow Removal Equipment Building) to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Chief Industries/Chief Construction Company of Grand Island, Nebraska in the sum of $715,875.00 be and is hereby accepted subject to approval by the F.A.A.

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 JULY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving T-Hangar B-5 Lease Agreement between the Kearney Municipal Airport Corporation and Dave Winfield and approve Resolution No. 2005-112.

 

RESOLUTION NO. 2005-112

 

            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-5 Lease Agreement, on behalf of the City of Kearney, Nebraska, with David Winfield, 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 JULY, 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 on approving temporarily suspending the revised Rules and Regulations and Minimum Standards for Commercial Operations at the Kearney Municipal Airport adopted by the City Council by Resolution No. 2005-77 on May 24, 2005.

 

7.         Approve the application for deferral of special assessments submitted by the Youth Rehabilitation & Treatment Center with regard to Ordinance No. 7181 creating Water District No. 2005-540 for West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition.

 

8.         Approve Application and Certificate for Payment No. 2 in the amount of $45,554.30 submitted by Midlands Contracting and approved by Miller & Associates 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 Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition and approve Resolution No. 2005-113.

 

RESOLUTION NO. 2005-113

 

            WHEREAS, Midlands Contracting, Inc. has performed services in connection with 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, 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 Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $45,554.30 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$928,987.00

     Change Order No. 1 (4-26-2005)

- 219,141.86

     Change Order No. 2 (7-12-2005)

+119,889.00

 

 

Contract Sum To Date

829,734.14

Gross Amount Due

676,322.72

Retainage

33,816.14

Amount Due to Date

642,506.58

Less Previous Certificates for Payment

  596,952.28

Current Payment Due

$45,554.30

 

            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 26TH DAY OF JULY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve Change Order No. 2 showing an increase in the amount of $20,247.10, Application and Certificate for Payment No. 3-Final in the amount of $62,093.82, and Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for 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. 2005-114.

 

RESOLUTION NO. 2005-114

 

            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 Change Order No. 2 in the amount of $20,247.10 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. 3-Final in the amount of $62,093.82 as shown on Exhibit “B” 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

            Change Order No. 2 (7-26-2005)

+  20,247.10

Contract Sum To Date

$275,431.10

Gross Amount Due

275,431.10

Retainage

.00

Amount Due to Date

275,431.10

Less Previous Certificates for Payment

  213,337.28

Current Payment Due

$62,093.82

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of June 30, 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. 2 as shown on Exhibit “A”, Application and Certificate of 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 26TH DAY OF JULY, 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. 3 in the amount of $92,200.61 submitted by Blessing, LLC and approved by Miller & Associates for 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 and approve Resolution No. 2005-115.

 

RESOLUTION NO. 2005-115

 

            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. 3 in the amount of $92,200.61 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

173,899.00

Retainage

17,389.90

Amount Due to Date

156,509.10

Less Previous Certificates for Payment

    64,308.49

Current Payment Due

$  92,200.61

 

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

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve the bids received 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 approve Resolution No. 2005-116 awarding the bid to Midlands Contracting for Bid A (Water and Sewer) in the amount of $225,161.00 and to Blessing, LLC for Bid B (Paving) in the amount of $331,965.00.

 

RESOLUTION NO. 2005-116

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on July 19, 2005, at 2:00 p.m. 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

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $266,033.75 for Bid A (Water and Sewer) and $411,700.50 for Bid B (Paving); and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting of Kearney, Nebraska in the sum of $225,161.00 for Bid A (Water and Sewer), and Blessing, LLC of Kearney, Nebraska in the sum of $331,965.00 for Bid B (Paving) 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 Midlands Contracting of Kearney, Nebraska be and is the lowest responsible bidder for the 2005 Part III Improvements – Bid A consisting of 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 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 $225,161.00 be and is hereby accepted for Bid A (Water and Sewer Districts).

            BE IT FURTHER 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 2005 Part III Improvements – Bid B 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 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 $331,965.00 be and is hereby accepted for Bid B (Paving Districts).

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2005 Part III Improvements for Bid A (Water and Sewer Districts) in the amount of $266,033.75 and for Bid B (Paving Districts) in the amount of $411,700.50 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 JULY, 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 $16,645.98 submitted by Blessing, LLC and approved by Miller & Associates for the 2005 Cemetery Improvements and approve Resolution No. 2005-117.

 

RESOLUTION NO. 2005-117

 

            WHEREAS, Blessing, LLC has performed services in connection with the 2005 Cemetery Improvements, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $16,645.98 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$109,477.00

            Change Order No. 1 (7-26-2005)

+  16,645.98

New Contract Sum

$126,122.98

 

            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”, be and are hereby accepted and approved.

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class DK-61563 liquor license to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument, 3060 East 1st Street, on August 20, 2005 from 5:00 p.m. until 1:00 a.m. for a wedding reception.

 

14.        Approve Change Order No. 1 showing a decrease in the amount of $35,429.50, Application and Certificate for Payment No. 2-Final in the amount of $43,430.10, and Certificate of Substantial Completion submitted by Bryant & Bryant Construction and approved by Miller & Associates for 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. 2005-118.

 

RESOLUTION NO. 2005-118

 

            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 Change Order No. 1 showing a decrease in the amount of $35,429.50, as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Bryant & Bryant Construction, Inc. and Miller & Associates have filed with the City Clerk Application and Certificate for Payment No. 2-Final in the amount of $43,430.10 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$274,183.00

            Change Order No. 1 (7-26-2005)

-  35,429.50

Contract Sum To Date

238,753.50

Gross Amount Due

238,753.50

Retainage

.00

Amount Due to Date

238,753.50

Less Previous Certificates for Payment

  195,323.40

Current Payment Due

$  43,430.10

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of June 30, 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. 2-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 26TH DAY OF JULY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

15.        Approve the Agreement submitted by University of Nebraska at Kearney, in partnership with the Downtown Board, to block off Central Avenue from 21st Street to 22nd Street on August 25, 2005 from 6:00 p.m. until 2:00 a.m. to conduct “Destination Downtown” during UNK’s Blue and Gold Welcome Week.

 

16.        Approve the recommendation from staff on rejecting the bids received for the lease/purchase of 60 gas powered motorized golf carts.

 

17.        Approve the Agreement with Kaufmann Antiques to use a portion of the sidewalk in front of the Kaufmann Centre, 2200 Central Avenue, every Friday, Saturday and Sunday for the display and sale of merchandise beginning July 27, 2005 through December 31, 2005 between the hours of 8:00 a.m. until 6:00 p.m.

 

18.        Approve Resolution No. 2005-119 appointing members to fill the vacancies/expirations on the following Boards/Commissions: Advisory Board of Cable Commissioners, Examining Board of Plumbers, Golf Advisory Board, Library Advisory Board, and Planning Commission.

 

Mayor Hadley stated that the following people will be appointed: Dave Waggoner and Norman Vinderslev to serve on the Examining Board of Plumbers; C.J. Willis and Larry Vogel to serve on the Golf Advisory Board; Todd Herges and Rebecca Evers to serve on the Library Advisory Board; and Jim Ganz, Jr., Dottie Bowman, Jack McSweeney and Eric Hellriegel to serve on the Planning Commission.

 

The City will continue to solicit interest from the citizens by advertising openings as follows: 2 opening on the Advisory Board of Cable Commissioners, 1 opening on the Examining Board of Plumbers, and 1 opening on the Golf Advisory Board.

 

Moved by Lear seconded by Buschkoetter that Subsection 18 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-119

 

            WHEREAS, Resolution No. 2005-96 calls for Citizen Board/Commission member appointments to be made by resolution submitted by the Mayor to the City Council for final approval; and

            WHEREAS, vacancies currently exist on certain Boards/Commissions.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the following persons, as proposed by the Mayor of the City of Kearney, Nebraska, are hereby appointed to the designated Boards/Commissions for the term indicated:

EXAMINING BOARD OF PLUMBERS

                        Dave Waggoner appointed to succeed Jay Egbert to July 31, 2009

                        Norman Vinderslev appointed to succeed Doug Roeder to July 31, 2009

GOLF ADVISORY BOARD

                        C.J. Willis reappointed to July 31, 2009

                        Larry Vogel to succeed Marilyn Heckman

LIBRARY ADVISORY BOARD

                        Todd Herges appointed to succeed Steve Buttress to July 31, 2008

                        Rebecca Evers appointed to succeed Lynn Johnson to July 31, 2008

PLANNING COMMISSION

                        Jim Ganz, Jr. reappointed to July 31, 2008

                        Dottie Bowman reappointed to July 31, 2008

                        Jack McSweeney appointed to succeed Jay Rasmussen to July 31, 2008

                        Eric Hellriegel appointed to succeed Mike Miller to July 31, 2007

            BE IT FURTHER RESOLVED that this resolution shall be in full force and effect from and after its adoption. 

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7191 – ISSUANCE OF BOND ANTICIPATION NOTES FOR PAVING IMPROVEMENT DISTRICT NO. 2005-899

 

Jim Fox from Ameritas presented this matter to the Council.  On February 8, 2005, the City Council approved the One and Six Year Plan for Kearney Street Improvements.  This plan included a project that needs to be financed via the issuance of Series 2005 Bond Anticipation Notes.  The Notes will provide short-term financing for the project.  After the project is completed, the Notes will be redeemed at maturity with cash received from the issuance of Series 2006 Various Purpose General Obligation Bonds.  The Bonds will provide long-term (twenty years) financing for the project.  The project includes Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue.

 

The Series 2005 Bond Anticipation Notes will be dated September 1, 2005 and will mature on July 15, 2006.  The actual interest rate for the Notes will be determined on July 26, 2005 and presented to the Council by Jim Fox.  The total principal amount of the Notes will be approximately $1,175,000.00.

 

Council Member Buschkoetter introduced Ordinance No. 7191, being Subsection 1 of Agenda Item VI to authorize the issuance and sale of Bond Anticipation Notes of the City of Kearney, Nebraska, in the principal amount of $1,175,000.00 for the purpose of providing interim financing for the costs of constructing street improvements in Paving Improvement District No. 2005-899 (11th Street from 1st Avenue to 7th Avenue) of said City pending the issuance of permanent General Obligation Various Purpose Bonds of the City; prescribing the form of said Notes; agreeing to issue the City’s General obligation Various Purpose Bonds to pay the Notes at maturity or to pay the Notes from other available funds; and entering into a contract on behalf of the City with the holders of said Notes, 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 Hadley 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, Kearney. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7191 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, Kearney. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7191 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7191 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.

 

Mr. Fox thanked the Mayor, City Council and City staff for his many years of service. He is retiring but wanted the Council to know that it has been his pleasure working with the City of Kearney.

 

APPLEBEE’S CORPORATE MANAGER APPLICATION – MARGARET STINE

 

Mayor Hadley stated the applicant has requested that the Application for Corporate Manager of Margaret Stine submitted by CONCORD NEIGHBORHOOD CORPORATION, dba “Applebee’s Neighborhood Grill & Bar” be tabled until August 9, 2005.

 

Moved by Lear seconded by Buschkoetter to table until August 9, 2005 the Application for Corporate Manager of Margaret Stine submitted by CONCORD NEIGHBORHOOD CORPORATION, dba “Applebee’s Neighborhood Grill & Bar” located at 5605 2nd Avenue. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT -- $2,761.00; FREMONT NATIONAL BANK -- $37,003.43; PLATTE VALLEY STATE BANK -- $1,370.52; SCHOOL DISTRICT #7 -- $461.05

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $2,761.00 payable to Nebraska Public Power District, $37,003.43 payable to Fremont National Bank, and $1,370.52 to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Lear abstained. Clouse absent.  Motion carried.

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $461.05 to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Lear. Nay: None. Buschkoetter abstained. Clouse absent.  Motion carried.

 

VII.    REPORTS

 

EXECUTIVE SESSION

 

Moved by Hadley seconded by Kearney that Council adjourn into executive session at 7:27 p.m. on July 26, 2005 for the protection of the public interest and specifically for the discussion of personnel matters. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Clouse absent. Motion carried.

 

Moved by Kearney seconded by Lear that Council reconvene into regular session at 8:00 p.m. on July 26, 2005. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

VIII.    ADJOURN

 

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK