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Kearney, Nebraska

October 25, 2005

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on October 25, 2005, 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 Tye, 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: Elaine Wiseman, John DeLaet, Eric Wessels, Sharon Rees, Zach Rees, Jerry Thompson, Barb Thompson, Dan Thompson, John Sydow, Ken Tracy, Terry Eirich, Jeff Ash, Jerry Folck, Jay Hallgrimson, John Mason, Brad Norton, Rick Pulliam, Alex Rahe, Loren Richards, Dan Thompson, Matt Ullman, several other Volunteer Firefighters, Mike Konz from Kearney Hub, 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

 

Father Torpey from St. James Catholic Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

The Kearney Volunteer Fire Department presented the colors.

 

RECOGNITION

 

Mayor Hadley and Council Members recognized the following Kearney Volunteer Fire Department Firefighter for completing the Firefighter 1 Course: Jeff Ash, Jerry Folck, Jay Hallgrimson, John Mason, Brad Norton, Sonny O’Connor, Jared Pettit, Rick Pulliam, Alex Rahe, Loren Richards, Dan Thompson, Matt Ullman, Jim Einspahr, Ryan Rosenstiel. These individuals have already dedicated a minimum of 120 hours in this course alone. In addition to the Firefighter 1 Course, these individuals are continuously training with other firefighters at monthly and specialty trainings.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

None.

 

IV.    CONSENT  AGENDA

 

Mayor Hadley stated that an addendum was added to the Agenda on Monday. Item 15 pertaining to the support of the continuation of the airport improvement program funding.

 

Moved by Kearney seconded by Clouse that Subsections 1 through 15 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held October 11, 2005.

 

2.         Approve the following Claims: 2nd Wind Exercise $3,849.00 ps; AM Player $1,545.77 smcs; Ace Hardware $89.65 smcs; Alamar $1,972.00 ps; All the Kings Flags $378.64 smcs; Allied Electronics $93.41 smcs; Alltel $1,172.23 smcs; Almquist,R $20.00 smcs; Amazon $447.30 smcs; Amer Electric $2,054.16 smcs,co; Amer Library Assoc $410.00 smcs; Anderson Industrial $13,282.00 co; Anderson,S $284.64 smcs; Arrow Seed $1,134.48 smcs; Auto Glass Center $22.18 smcs; B&B Auto Glass $219.00 smcs; Baird, Holm, McEachen $75.00 smcs; Baker & Taylor $1,013.23 smcs; Bamford $524.00 smcs; Barco Municipal $3,610.00 smcs; BBC Audiobooks $269.84 smcs; Big Flag Farm $405.50 smcs; Bill's Trailer $20.00 smcs; Blessing $39,864.50 smcs,co; Bluecross Blueshield $54,090.23 smcs; Bob's Super Store $686.55 smcs; Books in Motion $6.00 smcs; Bosselman $20,129.50 smcs; Broadfoot's $10.00 smcs; Brown Traffic $172.80 smcs; BSB Construction $112,343.65 co; Buffalo Co Reg of Deeds $4.00 smcs; Buffalo Co Sheriff $10.00 co; Buffalo Co Treasurer $85.00 co; Buggy Bath $6.50 smcs; Builders $1,580.30 smcs,co; Buttress,S $2,207.70 smcs; Buyuptime.com $621.54 smcs; Cabela's $71.89 smcs; Cardinal Health $49.84 smcs; Casey's General Store $100.26 smcs; Cash-Wa $13.70 smcs; Centaur $302.78 smcs; Central Fire & Safety $68.50 smcs; Central Hydraulic $857.25 smcs; Central States $160.67 smcs; Central States Wire $1,444.44 smcs; Centurion Technologies $57.40 smcs; Chief Industries $1,120.00 smcs; Child's World $915.20 smcs; Chramosta,N $8.27 smcs; Christian Heritage Home $18.24 smcs; City of Ky $342,428.09 smcs,ps; City of Lexington $1,237.75 smcs; Clifford of Vermont $425.24 smcs; Cobb,C $2.99 smcs; College Savings Plan of NE $50.00 ps; Comfy Bowl $40.00 smcs; Computer Pros $565.49 smcs; Computer Warehouse $75.93 smcs; Construction Rental $1,015.68 smcs,co; Cook Iron Store $15.80 smcs; Copycat Printing $323.27 smcs; Countryside RV $16.93 smcs; Crocker Monogramming $91.50 smcs; Crossroads Ford $260.91 smcs; Cryotech Deicing $4,903.85 smcs; Culligan $55.00 smcs; Cummins $1,296.52 smcs; D&M Security $45.00 smcs; Dannehl's Feed $128.95 smcs; Data Technologies $2,495.24 smcs; Dell $7,927.86 smcs,co; Demco $70.80 smcs; Depository Trust $369,878.75 ds; Deterding's $86.53 smcs; Development Council $77,500.00 smcs; Doubletree Hotel $2,107.36 smcs; DPC Industries $8,072.00 smcs; Draeger Safety Systems $854.65 smcs; Dugan Business Forms $1,673.17 smcs; Duryea,B $14.49 smcs; Dutton-Lainson $118.30 smcs; Dynix $16,727.64 smcs; Eakes $505.42 smcs; Earl May $11.96 smcs; Eirich,T $50.00 smcs; Elliott $181.62 smcs; Engels Glass Design $35.00 smcs; Fairbanks Int'l $5,646.88 smcs; Family Fun Magazine $16.95 smcs; Farmers Union $1,511.00 smcs; Fastenal  $674.30 smcs; FedEx $18.36 smcs; Floyd Bell $122.86 smcs; Fontel $234.83 co; Foster,D $53.49 smcs; Fred Pryor/Career Track $198.00 smcs; Frontier $7,825.42 smcs; Galeton Gloves $940.89 smcs; Galls $116.97 smcs; Gangwish Turf $9.97 co; Garrett Tires $2,396.20 smcs; Gary's I-80 $90.00 smcs; Gaylord Brothers $506.88 co; Giddings,J $15.00 smcs; Golf Course Superintendent $150.00 smcs; Gordon's Small Engine $12.24 smcs; Gotta Go Gotta Throw $94.02 smcs; Graham Tire $142.93 smcs; Grainger $2,731.82 smcs; Grand Central IGA $37.56 smcs; Grand Island Area COC $35.00 smcs; Great Plains One Call $417.81 smcs; Greg Larson Sports $337.45 smcs; H&H Distributing $154.00 smcs; Hach $65.19 smcs; Hansen,V $19.11 smcs; Hayden,S $211.50 smcs; Heggemeyer,L $12.25 smcs; Highsmith $65.57 smcs; Hobby-Lobby $19.16 smcs; Holmes Plumbing $640.74 smcs.co; Hooker Brothers $196.80 smcs; Hydronic Energy $25.93 smcs; IBM Print $211.51 smcs; ICMA RC $2,460.78 ps; IRS $90,141.21 ps; ISDN $188.25 smcs; Jack Lederman $16.40 smcs; Jacobsen, Orr, Nelson $875.00 smcs; JJE $89.00 smcs; Johnson,S $50.00 smcs; JRS Western $150.00 smcs; K&K Parts $14.26 smcs; Ky COC $6.00 smcs; Ky Clinic $310.00 smcs,ps; Ky Comm Foundation $1,399.00 smcs; Ky Concrete $952.51 smcs; Ky Hockey $3,000.00 smcs; Ky Hub $3,998.48 smcs,co; Ky Implement $326.88 smcs; Ky Liquor $2.60 smcs; Ky Warehouse $383.51 smcs; Ky Winlectric $756.79 smcs,co; Ky Winnelson $869.95 smcs; Ky Yamaha $116.83 smcs; Killion Motors $112.45 smcs; Kistler Equipment $513.44 smcs; Kwik Trip $56.10 smcs; Kyocera $60.67 smcs; Lampes Air Filter $524.26 smcs; Laser Art Design $156.00 smcs; Laughlin,K $360.00 ps; Lawn Builders $23.38 smcs; Lawson Products $166.79 smcs; LARM $821,132.00 smcs,ps; Leag of NE Municipalities $100.00 smcs; Lift Solutions $75.15 smcs; Lincoln Truck Center $359.84 smcs; Linweld $283.95 smcs; Lockmobile $194.11 smcs; Magic Cleaning $2,950.00 smcs; Mail Express $95.31 smcs; Marlatt Machine Shop $228.00 smcs; Marshall,C $6.30 smcs; Marvicka,C $28.76 smcs; Meadowbrook Insurance $1,250.42 smcs; Menards $866.35 smcs,co; MES Mid-America $627.58 smcs; Micro Marketing $25.46 smcs; Mid America Sales $390.15 smcs; Mid American Pay Phones $100.00 smcs; Mid-Kan Blueline $434.85 smcs; Mid-State Units $120.00 smcs; Midway Aviation $81.35 smcs; Midwest Service $315.00 smcs; Midwest Turf $55.45 smcs; Miller & Associates $243.00 smcs; Miracle Recreation $959.80 co; Misko Sports $111.80 smcs; Mitchell 1 $1,344.23 smcs; Morgan,M $40.74 smcs; Mr Automotive $1,700.21 smcs; MSC Ky $9.57 smcs; Municipal Supply $378.55 smcs; Naden Industries $136.00 smcs; Napa $1,071.37 smcs; Nat'l Paper Supply $70.83 smcs; Nat'l Waterworks $8,057.51 smcs; NCS Equipment $46.21 smcs; NE AWWA $225.00 smcs; NE Child Support $1,206.97 ps; NE Dept of Aeronautics $2,095.00 er,ds; NE Dept of Environmental $15,865.60 smcs; NE Machinery $204.69 smcs; NE St Board Landscape $100.00 smcs; NE Truck Center $240.02 smcs; NE UC Fund $1,680.00 ps; NEland Distributors $281.75 smcs; Nogg Chemical $620.78 smcs; Norm's Plumbing $2,846.86 smcs,co; Northwest Electric $551.86 smcs; Northwestern Energy $4,498.38 smcs; Novus $35.00 smcs; Numeridex $654.25 smcs; Office Depot $269.16 smcs; Officemax $283.01 smcs; Officenet $1,164.15 smcs; O'Keefe Elevator $613.55 smcs; O'Reilly $428.30 smcs; Orscheln $723.06 smcs; Overhead Door $30.49 smcs; Pappas Telecasting $75.00 smcs; Paramount $43.90 smcs; Paul A. Otto Curb Grinding $144.00 co; PBD Ala-Graph $196.85 smcs; Pen Fire Engineering $59.85 smcs; Pepsi-Cola $123.30 smcs; Perry,M $5.70 smcs; Peterson,J $20.33 smcs; Picture Window Books $118.65 smcs; Pioneer Manufacturing $743.25 smcs; Platte Valley Comm $2,901.91 smcs; Poly Pavement $221.66 smcs; Powderhorn $234.72 smcs; Presto-X $50.00 smcs; Procon Products $76.27 smcs; Promiss Testing $300.00 smcs; Public Risk Management $310.00 smcs; Pump & Pantry $20.00 smcs; QT 513 $51.50 smcs; Quinland Publishing $154.35 smcs; Rainbow Racing Systems $61.00 smcs; Random House $307.20 smcs; Ready Mixed Concrete $7,687.95 smcs,co; Reams Sprinkler Supply $253.68 smcs; Recognition Unlimited $445.05 smcs; Recorded Books $158.55 smcs; Regional Books $83.79 smcs; REI Fire Rescue $139.88 smcs; Respond First Aid $139.35 smcs; Ring,V $20.00 smcs; Riverside Animal Hospital $3,297.00 smcs; Ross, Shroeder & George $351.00 smcs; Rossell,C $1,000.00 smcs; Sampson Construction $5,674.00 smcs; Scan-Optics $1,650.00 smcs; Schmidt,A $17.29 smcs; Schrauyer,M $50.00 smcs; Sears $19.99 smcs; Sheldon,S $48.14 smcs; Shell Oil $37.90 smcs; Sheraton Hotels $85.88 smcs; Shirt Shack $443.50 smcs; Sieloff,V $10.96 smcs; Siemens $186.19 smcs; Snap-On Tools $59.95 smcs; Sofia's $14.31 smcs; Solid Rock $150.00 smcs; Solid Waste Agency $61,685.89 smcs; Sorkness,C $200.00 smcs; Steele,K $16.19 smcs; Steinbrinks Landscaping $89.97 smcs; Sunmart $130.49 smcs; Super Seer $23.60 smcs; Super Shine Auto Wash $166.00 smcs; Sydow,J $40.00 smcs; SYX Tigerdirect $93.18 smcs; T&F Sand $888.92 smcs; Team Effort $1,080.47 smcs; Technology Education $1,100.00 smcs; Tee's Plus $2,104.74 smcs; Teledyne ISCO $905.50 smcs; Thompson,L $60.00 smcs; Tielke Enterprise $124.91 smcs; Tractor-Supply $1,006.37 smcs; Tri-City Outdoor $994.02 smcs,co; Turner Body Shop $265.00 smcs; Tye & Rademacher $4,183.20 smcs; U Stop 12 $42.01 smcs; Union Oil $3,522.55 smcs; UPS Store $26.01 smcs; US Bank $46,306.25 ds; USPS $63.15 smcs; Utility Equipment $504.12 smcs; Van Diest Supply $3,986.66 smcs; Village Uniform $222.98 smcs; Walgreens $23.69 smcs; Wal-Mart $1,009.75 smcs,co; Washington State Support $102.00 ps; Watts,L $12.74 smcs; Wicks Sterling Trucks $34.77 smcs; Wiedel,G $3.42 smcs; Wilke Donovans $73.35 smcs,co; Winning Edge Designs $21.85 smcs; Xerox $424.03 smcs; Zimmerman Printers $111.83 smcs; Payroll Ending 10-15-2005 -- $261,623.00.  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 November 8, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the application for a Special Designated License submitted by KEARNEY BBQ CO., dba “Skeeter Barnes” in connection with their Class “I55865” Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on November 12, 2005 from 4:00 p.m. until 1:00 a.m. for a wedding reception.

 

5.         Approve Application and Certificate for Payment No. 2 in the amount of $15,590.47 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition and approve Resolution No. 2005-178.

 

RESOLUTION NO. 2005-178

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth 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 $15,590.47 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$292,727.25

 

 

Contract Sum To Date

292,727.25

Gross Amount Due

157,599.25

Retainage

15,759.93

Amount Due to Date

141,839.32

Less Previous Certificates for Payment

  126,248.85

Current Payment Due

$  15,590.47

 

            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 25TH DAY OF OCTOBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve Change Order No. 1 showing an increase in the amount of $9,920.00, Application and Certificate for Payment No. 3-Final in the amount of $32,257.00, and Certificate of Substantial Completion submitted by Midlands Contracting, Inc. and approved by Miller & Associates for the 2005 Part III Improvements – Bid A consisting of Water District No. 2004-529* for LaPlatte Road from Plaza Boulevard east/southeasterly to the south line of Lot 10 of Block 2 and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; 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. 2005-179.

 

RESOLUTION NO. 2005-179

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2005 Part III Improvements – Bid A consisting of Water District No. 2004-529* for LaPlatte Road from Plaza Boulevard east/southeasterly to the south line of Lot 10 of Block 2 and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; 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 the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $9,920.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor, have filed with the City Clerk Application and Certificate for Payment No. 3-Final in the amount of $32,257.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$225,161.00

            Change Order No. 1 (10-25-2005)

+    9,920.00

Contract Sum To Date

235,081.00

Gross Amount Due

235,081.00

Retainage

.00

Amount Due to Date

235,081.00

Less Previous Certificates for Payment

  202,824.00

Current Payment Due

$  32,257.00

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of October 14, 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. 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 25TH DAY OF OCTOBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve Change Order No. 1 showing a decrease in the amount of $12,562.46, Application and Certificate for Payment No. 2-Final in the amount of $216,602.65, and Certificate of Substantial Completion submitted by Blessing LLC and approved by Miller & Associates 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 and approve Resolution No. 2005-180.

 

RESOLUTION NO. 2005-180

 

WHEREAS, Blessing LLC has performed services in connection with 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, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $12,562.46 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor, have filed with the City Clerk Application and Certificate for Payment No. 2-Final in the amount of $216,602.65 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$331,965.00

            Change Order No. 1 (10-25-2005)

-  12,562.46

Contract Sum To Date

319,402.54

Gross Amount Due

319,402.54

Retainage

      .00

Amount Due to Date

319,402.54

Less Previous Certificates for Payment

  102,799.89

Current Payment Due

$216,602.65

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of October 7, 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 25TH DAY OF OCTOBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve Application and Certificate for Payment No. 2 in the amount of $151,671.46 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2005-181.

 

RESOLUTION NO. 2005-181

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $151,671.46 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,036,342.20

            Change Order No. 1 (9-27-2005)

+      9,820.00

Contract Sum To Date

1,046,162.20

Gross Amount Due

335,047.84

Retainage

33,504.78

Amount Due to Date

301,543.06

Less Previous Certificates for Payment

    149,871.60

Current Payment Due

$  151,671.46

 

            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 25TH DAY OF OCTOBER, 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 $2,148.00 and Change Order No. 3 showing an increase in the amount of $1,276.00 submitted by Kayton Electric, Inc. and approved by Miller & Associates for the 2005 Part VI Improvements consisting of the installation of a traffic signal at the intersection of 27th Street and Avenue N and approve Resolution No. 2005-182.

 

RESOLUTION NO. 2005-182

 

WHEREAS, Kayton Electric, Inc. has performed services in connection with the 2005 Part VII Improvements consisting of the installation of a traffic signal at the intersection of 27th Street and Avenue N, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing an increase in the amount of $2,148.00 and Change Order No. 3 showing an increase in the amount of $1,276.00 as shown on Exhibits “A” and “B”, respectively, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$85,277.00

            Change Order No. 1 (9-27-2005)

+ 1,656.00

            Change Order No. 2 (10-25-2005)

+ 2,148.00

            Change Order No. 3 (10-25-2005)

+ 1,276.00

Contract Sum To Date

$90,357.00

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order Nos. 2 and as shown on Exhibits “A” and “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF OCTOBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve Change Order No. 2 showing an increase in the amount of $19,420.92 and the Certificate of Substantial Completion submitted by BSB Construction, Inc. and approved by Miller & Associates for the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill and approve Resolution No. 2005-183.

 

RESOLUTION NO. 2005-183

 

WHEREAS, BSB Construction of Curtis, Nebraska has performed services in connection with the and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing an increase in the amount of $19,420.92 as shown on Exhibit “A” attached hereto and made a part hereof by reference as follows:

 

Original Contract Sum

$453,437.25

            Change Order No. 1 (9-13-2005)

 +   3,948.04

            Change Order No. 2 (10-25-2005)

+ 19,420.92

Contract Sum To Date

$476,806.21

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of September 14, 2005, as shown by Exhibit “B” 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” and the Certificate of Substantial Completion as shown on Exhibit “B” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF OCTOBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and Kearney Plaza Homes LP for the construction of public improvements for Lots 8, 9 and 10 of Block 2 and Lots 12, 13 14, 15 and 16 of Block 3, all in Kearney Plaza Third Addition and approve Resolution No. 2005-184.

 

RESOLUTION NO. 2005-184

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Lots 8, 9 and 10 of Block 2 and Lots 12, 13 14, 15 and 16 of Block 3, all in Kearney Plaza Third Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. A copy of said Agreement marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Kearney Plaza Homes LP to construct public improvements in accordance with the Kearney City Code.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 25TH DAY OF OCTOBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Reject the single bid received for the Kearney Cemetery 144 Crypt Garden Mausoleum and authorize Administration to rebid the project in the near future.

 

13.        Approve the request submitted by the Downtown Improvement Board for the following: (1) place Santa’s house in front of Nelson’s Furniture at 2109 Central Avenue from November 21, 2005 until December 29, 2005; (2) to place the Christmas tree at the intersection of 22nd Street and Central Avenue from November 21, 2005 through December 31, 2005; (3) to hang garland and lights on 39th light poles; (4) to block off three parking stalls in front of the Old Saltbox at 2201 Central Avenue for Santa’s reindeer and sleigh on December 1, 2005 from 5:00 p.m. until 8:00 p.m.; (5) to block off three parking stalls in front of Time for Baby at 2123 Central Avenue to sell popcorn on December 1, 2005 from 5:00 p.m. until 8:00 p.m.; and (6) use of the sidewalks for street performers or Christmas carolers on December 1, 2005 from 5:00 p.m. until 8:00 p.m.

 

14.        Approve the application submitted by Don Butler on behalf of Veterans of Foreign Wars Post 759 to conduct the Veterans Day Parade on November 11, 2005 beginning at 4:00 p.m. with the parade starting at Railroad Street, north on Central Avenue and ending at the parking lot located north of the Museum of Nebraska Art. They will also be selling Buddy Poppies the week of November 6 – 12, 2005 throughout the City of Kearney.

 

15.        Approve supporting the Transportation Reauthorization Bill for Airport Improvement Project Funding for the Kearney Municipal Airport and approve Resolution No. 2005-185.

 

RESOLUTION NO. 2005-185

 

            WHEREAS, the City of Kearney, Nebraska has been working diligently to improve the air service available and continues to develop and improve the Kearney Municipal Airport in areas of safety, capacity, and noise compatibility to central Nebraskans; and

            WHEREAS, the Airport Improvement Program provides valuable funding each year for airport planning, development, noise reduction, capacity, and other projects at the Kearney Municipal Airport; and

            WERHEAS, on October 25, 2005, the Kearney City Council approved a resolution supporting the continuation of the Airport Improvement Program funding in order for the Kearney Municipal Airport to provide air service to central Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, to pledge their full support, endorsement, and cooperation with the Department of Transportation on the continuation of Airport Improvement Program funding in order to continue developing and improving the Kearney Municipal Airport to provide air service to central Nebraska.

            PASSED AND APPROVED THIS 25TH DAY OF OCTOBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7222 – AMEND SECTION 8-617 OF CITY CODE

 

Section 8-617 of the City Code basically mirrors the terms and provisions of the state statute prohibiting operating a vehicle under the influence of alcoholic liquor (DUI).  Recently, the Nebraska Legislature amended the state sections to provide for different penalty provisions.  The City maintains a penalty section which provides punishment of the offense as a misdemeanor in accordance with Section 8-817.  The primary benefit of charging individuals under the City Code is that the defendants are not entitled to jury trials, in accordance with State and U.S. Supreme Court decisions.  Handling of the cases is therefore expedited by the County.

 

The penalty section under the provisions Section 8-617 of the City Code was affected by the recent amendments of the state statute by the Legislature.  The proposed amendment ordinance will simplify the penalty section under the City Code provisions, while still remaining within the terms and provisions of the new state statutes.

 

New amendments and basic provisions of the state DUI statutes have been incorporated into the ordinance, while retaining the misdemeanor penalty provision and specific punishments allowed under the state statutes.  Therefore, persons prosecuted for driving under the influence of alcoholic liquor are subject to the same basic terms, provisions and punishments of the state statute, but are not accorded a jury trial if charged under the City ordinance.  The effect of the amendments is to preserve the terms, conditions and provisions of the DUI laws and to save time and money for the City and the County.  The County Attorney has presented the proposed amendments to the City Attorney and he agrees that they are in accordance with Nebraska Statutes and municipal authority.

 

The affect of the proposed amendments is to expedite prosecution of persons charged with the offense of driving under the influence of alcoholic beverages while saving costs and expenses of jury trials.

 

The County Attorney has requested that the City amend the current City Code to conform it to recent amendments to the state statutes by the Legislature in order to allow the orderly prosecution of DUI offenses.  The proposed amendments are legally appropriate and are in the best interests of the citizens of the City of Kearney and Buffalo County.

 

Council Member Clouse introduced Ordinance No. 7222, being Subsection 1 of Agenda Item V to amend Section 8-617 “Chemical Tests; Refusal; Penalties” of Article 6 “Operation of Vehicles” of Chapter 8 “Police” to correctly reflect the changes to coincide with the Nebraska Revised Statutes, 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 Lear 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, Kearney, Buschkoetter, Lear, Clouse. 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. 7222 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7222 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7222 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

 

KEARNEY HOUSING AGENCY ANNUAL REPORT

 

Mayor Hadley opened for discussion the Kearney Housing Agency Annual Report being submitted by Elaine Wiseman, Executive Director

 

Executive Director Elaine Wiseman presented this matter to the Council. The highlight of the year that is on everybody’s mind is reduced funding.  In 2005, they are at 89 percent of the funding that they received in 2000. Their capital funds are the dollars that they use to maintain the property and do modernization. Of the operating subsidy, they are at 87 percent of what they received in 2000.  The operating subsidy is supposed to make up the difference in rent revenues.  The rent is income-based at 30 percent and they are not allowed to raise the rents as their expenses go up. 

 

The HCV (Housing Choice Voucher) Program or Section 8 as it is known has also had an interesting year.  The rules for the program have been changed and their funding was cut.  Instead of serving approximately 103 families, they are closer to 90-92 families depending on how much subsidy each family needs.  They also received an approximate 15 percent reduction in the administration fees that they get for the program to pay for expenses.  The Ross Grant that they received for elderly support services is no longer available.

 

However, there are also some positive things that have happened.  One of the most positive is their congregate meal program for their seniors.  After the funding was not renewed for that program, they went out to the community and sought partners and asked for donations to keep their meal program going for the seniors.  They received $22,795 from churches, medical people and individuals in the community.  The Board of Commissioners and staff believe this is a vital program for our seniors.  This program provides nutrition, socialization and exercise. 

 

They have also sponsored a lot of activities this past year, one is the Medicare Prescription Program, which has had big changes. It is very vital to those participants who are on Medicaid and Medicare to make sure they are signed up.  Seniors are given 18-20 different choices and have to start signing up by November 15th. 

 

The Board of Commissioners is looking at expanding KHA’s portfolio. Just as the City of Kearney grows, so does the Housing Agency need to grow along with it.  The Board is looking at ways to expand the portfolio and to provide some viable affordable housing opportunities for the community area.  They are also seeking some other financial resources, which is an ongoing game.  They started to manage Shelton Housing Authority this summer and in the near future, they will become the owner of USDA Development.   

 

Council member Clouse complimented the Housing Agency for the job that they do.  He believes that the Housing Agency runs a tight ship and does an extremely good job in managing their facilities.  He commended Ms. Wiseman for an excellent report. 

 

Mayor Hadley asked if any of the people, who live in their area make use of the Senior Center?  Ms. Wiseman replied that since they started doing the Congregate Meal Program, many of their people have not gone to the Senior Center because many of them have difficulty getting around.  For them to get to the Senior Center is difficult even though they could make arrangements with the RYDE bus. When they started their Congregate Meal Program, they did it to stabilize their population, but not to compete with the Senior Center.   

 

Moved by Buschkoetter seconded by Hadley to accept the Kearney Housing Agency Annual Report submitted by Elaine Wiseman, Executive Director. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT - $75,233.61 ; FREMONT NATIONAL BANK - $37,720.54; SCHOOL DISTRICT #7 - $1,654.15

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $75,233.61 payable to Nebraska Public Power District and $37,720.54 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Kearney seconded by Clouse that Open Account Claim in the amount of $1,654.15 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Lear, Clouse. Nay: None. Buschkoetter abstained. Motion carried.

 

VII.    REPORTS

 

LIQUOR CONTROL COMMISSION’S DECISION – BILL’S LIQUOR WEST

 

Council member Lear stated that he would be a little remiss if he did not acknowledge the actions this week of the Nebraska Liquor Control Commission regarding revoking the license of Bill’s Liquor West.  He is personally troubled by their action.  All the information given to the Council indicated that Bill’s Liquor and Bill’s Liquor West are responsible business operators within this community.  Somehow the Liquor Commission found otherwise.  He took a little time, based on that, to do some research on the Liquor Commission’s website.  He discovered since 2000, Bill’s Liquor West has been sited for two violations.  Based on those two violations, the Liquor Control Commission apparently decided to revoke their license.  At the same time, he found other businesses, Andy and Lily’s Package Liquor in Omaha that had three violations since 2000, but their license was not revoked.  Value Mart of Bellevue also had three violations since 2000, but their license was not revoked.  Kum ‘N Go #372 of Omaha had three violations and Kum ‘N Go #349 of Omaha had three more violations, between them they had six violations since 2000 but neither license was revoked. He questioned how could they be sure that the Liquor Commission is applying a fair and consistent standard to protect our citizens and businesses.  He suggested bringing out the Liquor Commission to sit down and spend some time with them because this situation did not make sense to him. The Council has gone to the Commission in the past and asked them not to issue licenses because they believed that the applicant presented a problem for our community.  The Liquor Commission went ahead and issued them anyway.  There have been battles with them over the years.  He found this was a very disheartening and troubling set of events.  He hoped that the Council could take some action to be a part of this process.  In his opinion, it does not appear to him that the Liquor Commission is applying a fair standard, or are doing a good job of controlling the sale and distribution of alcohol in this State, certainly not as it affects this community. 

 

Mayor Hadley commented he attended the Quad-City Mayors Meeting with City Managers last week.  They talked about this issue at their meeting.  Grand Island is going to have the Liquor Commission out and Kearney asked, along with Hastings and North Platte, to be a part of that meeting.  In that way, it would be a quad city meeting with them to bring those types of issues before the Commission.  He believed that with the voice of four cities talking to them, each facing the same problems, they were more likely to listen.  The entire Council will be invited to attend this meeting with the Liquor Commission and the Mayor hoped that all would attend. 

 

SALES TAX

 

Mayor Hadley stated that they have been asked several times about the sales tax issue and the vote that is going up.  He reiterated that the insert that was sent out in the utility bill listed the questions and answers about the purposes of the sales tax proceeds.  The sales tax proceeds would be designated for capital improvements and equipment.  Examples: Street and Traffic Improvements, streets, bridges, traffic signals, signage, sidewalks, curbs, public facilities, library, activity center, senior center, fire stations, indoor/outdoor recreation projects and ADA improvements. Major Equipment, public safety equipment, street and park equipment, etc. For some of the major projects financed by the issuance of bonds, a vote of Kearney citizens would be required according to state law.  The Council has given examples of what these funds would be used for.  They must be used for capital improvement items. They cannot be used for operations.  He again urged people to study the issue and make a rational decision.  Whatever his or her vote is, he wanted everyone to vote on November 15th. He encouraged citizens not to let their neighbor make their decision on this, but to get out and vote.

 

UPDATE ON 11TH STREET PROJECT

 

Director of Pubic Works Rod Wiederspan updated the Council on the 11th Street project.  The contractor poured the final pour on the north side from 2nd Avenue to 6th Avenue that day.  He thought that the south side would be poured back and filled in from 2nd Avenue to 6th Avenue.  He reminded everyone that the project went all the way to 7th Avenue, but he did not think that it is in the City’s best interest to tear up the remainder of that last block at this time.  If there is good weather, they could get it done.  They plan to get the main line in and get it back opened up to traffic and finish the project next spring.  There is plenty of work remaining between 2nd Avenue and 6th Avenue with the sidewalks and the retaining walls.  The frontage road to 3rd Avenue should be opened up in about two weeks.  They are going to concentrate on the retaining wall along Famous Fillmore’s and they have the intersections in and the sidewalk work to do.  They are going to give them that portion to work on in the next week or two to get that done and then open it up to 3rd Avenue and work on the rest of it.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 7:33 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