Kearney, Nebraska
December 27, 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 December 27, 2005, in the Council Chambers at City Hall. Present were: Randy
Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent:
Mayor Galen Hadley. 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: Katie Morgan, Paul Wice from KGFW Radio, Mike Konz from
Kearney Hub.
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 City Council held a moment of
silent prayer.
PLEDGE OF ALLEGIANCE
The Council members led the
audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
None.
IV. CONSENT AGENDA
Moved by Kearney seconded by
Clouse that Subsections 1 through 17 of Consent Agenda Item IV be approved.
Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay:
None. Hadley absent. Motion carried.
1. Approve Minutes of
Regular Meeting held December 13, 2005.
2. Approve the following Claims:
AT&T $182.30 smcs; 1st Computer Source $59.35 smcs; A.M. Best Co $279.90 smcs;
Ace Hardware $61.90 smcs; Advanced Auto Parts $36.88 co; Al-Jon $1,006.95 smcs;
Amax $1,060.00 smcs; Amazon $253.11 smcs; Amer Assoc of Airport $225.00 smcs; Amer
Electric $623.37 smcs,co; Ampco Parking $23.75 smcs; Anderson,K $12.36 smcs;
Antelope Newspaper $138.00 smcs; Armiger Publications $40.80 smcs; Arrow Seed
$3,209.52 smcs; Ask Supply $629.06 smcs; Associated Bag $424.92 smcs; Auto
Glass Center $7.00 smcs; Baird, Holm, McEachen $200.00 smcs; Baker & Taylor
$1,056.63 smcs; Bamford $1,056.74 smcs; BBC Audiobooks $57.00 smcs; Bennett,T
$1,080.00 smcs; Best Western Hotel $854.28 smcs; Big Flag Farm $1,551.93 smcs;
Blessing $21,895.00 smcs,co; Bluecross Blueshield $194,477.09 smcs; Board of
Engineers $100.00 smcs; Bob's Super Store $3.00 smcs; Bombeck,M $14.06 smcs; Boogaarts
$8.85 smcs; Bound to Stay Bound $1,869.08 smcs; Bowman,R $22.35 smcs; Bredehoft,A
$17.07 smcs; Broadfoot Sand $2,735.76 smcs; Buffalo Co Register Deeds $46.00 smcs;
Buggy Bath Car Wash $16.00 smcs; Builders Warehouse $3,121.54 smcs,ps; Cabela's
$404.11 smcs; Carr Fine Jewelry $10.00 ps; Carr,N $26.87 smcs; Cash-Wa $233.09 smcs;
CED Enterprises $7.00 smcs; Centaur Enterprises $125.97 smcs; Central Auto
Electric $45.58 smcs; Central Fire & Safety $59.00 smcs; Central Hydraulic
$771.04 smcs; Central NE Bobcat $8.38 smcs; Central NE Equipment $247.91 smcs;
Charter Communications $263.18 smcs; Christensen,D $285.00 smcs; City of Ky
$66,416.63 smcs,ps; CODI $75.00 smcs; College Savings Plan $50.00 ps; Complete
Music $250.00 smcs; Computer Hardware $1,206.95 smcs,co; Computer Warehouse #4
$71.23 smcs; Construction Rental $467.61 smcs; Control Products $965.00 co;
Copycat Printing $247.30 smcs; Corp Exp Doc & Print $223.70 smcs;
Crossroads Ford $27.76 smcs; Crushers $7,000.00 smcs; Culligan $119.50 smcs;
Custom Body $71.66 smcs; Dandee Construction $5,959.00 co; Dare America $180.43
smcs; Dawson Co PPD $10,103.05 smcs; Day,D $10.85 smcs; Deer Trail $30.01 smcs;
Deeter Foundry $527.00 smcs; Dell $4,272.34 smcs,co; Depository Trust
$286,361.25 ds; Development Council $15,000.00 smcs; Diamond Vogel $62.42 smcs;
Dirt Works $540.00 smcs; Disc Golf Assoc $305.55 smcs; Doubletree Hotels
$938.20 smcs; Dugan Business Forms $530.17 smcs; Dultmeier Sales $120.76 smcs;
Eagle Integrated Solutions $2,850.00 smcs; Eakes $1,012.82 smcs; Earl May
$20.14 smcs; ECI Gotomypc.com $371.25 smcs; Eickhoff,B $46.50 ps; Eileens
Cookies $55.15 smcs; Elliott $293.63 smcs; Elliott,J $2,255.61 smcs; Elliott,J $120.00
smcs; ESRI $6,300.00 smcs; Expression Wear $2,811.06 smcs; Fairbanks $1,118.27 smcs;
Farmers Union Coop $953.60 smcs; Fasse,T $5.92 smcs; Fastenal $713.87 smcs,co; Fedex
$45.67 smcs; Floral Expressions $95.85 smcs; Fort Western Outfitters $424.90 smcs;
Frontier $7,614.91 smcs; Galls $50.55 ps; Garrett Tires $1,117.92 smcs; Gate
1143 $20.25 smcs; Gaylord Brothers $651.00 co; General Traffic Controls
$7,984.00 smcs; Graham Tire $683.10 smcs; Grainger $851.35 smcs; Great Lakes
Aviation $2,564.90 smcs; Hall Signs $158.00 smcs; Harbor Freight $95.97 co;
Harris Infosource $109.00 smcs; Herbert,G $43.91 smcs; Herrera,J $2.03 smcs;
Hertz Rent-A-Car $368.94 smcs; Hobby-Lobby $7.98 smcs; Holiday Inn $319.75 smcs;
Holmes Plumbing $598.56 smcs; Hotsy Equipment $157.67 smcs; Howe,C $10.68 smcs;
Hyatt Hotels $372.30 smcs; Hydrologic $175.00 smcs; ICMA RC $2,658.55 ps;
Inland Truck Parts $83.56 smcs; IRS $88,382.45 ps; Investment Property
$1,000.00 co; Jamar Technologies $560.38 co; KKAN-KQMA $202.50 smcs; K&K
Parts $211.94 smcs; Kayton Electric $20,799.00 co; Ky Centre Vac $299.95 smcs; Ky
Chamber of Comm $241.00 smcs; Ky Clinic $274.00 smcs,ps; Ky Concrete $65.50 smcs;
Ky Hub $3,876.43 ps,smcs; Ky Implement $59.19 smcs; Ky Towing $132.50 smcs; Ky
Visitors Bureau $11,819.14 smcs; Ky Warehouse $2,169.30 smcs; Ky Winlectric
$592.08 smcs; Kelly Supply $59.31 smcs; KGFW $50.00 smcs; Killion Motors
$1,456.19 smcs; Kirkham Michael $8,381.05 co; Klaus,M $427.75 smcs; Kmart $9.57
smcs; Kriha Fluid Power $138.03 smcs; KRNY-FM $96.00 smcs; Kyocera $6.38 smcs;
L Com $651.64 co; Laser Art Design $1,230.00 smcs,ps; Laughlin,K $360.00 ps;
Leadership Ky $200.00 smcs; Lewis,N $138.23 smcs; Lincoln Journal Star $461.60 smcs;
Lincoln Truck Center $357.07 smcs; Lindner,S $100.88 smcs; Linweld $445.55 smcs;
Lockmobile $64.50 smcs; Mac Tools $112.19 smcs; Machines and Media $393.00 smcs;
Magic Cleaning $2,950.00 smcs; Mail Express $20.75 smcs; Manary,M $11.70 smcs; Marlatt
Machine Shop $875.92 smcs; Mattley Advertising $275.00 smcs; Mellon,G $60.80 smcs;
Menards $821.70 smcs,co; MES $5,068.00 co; MGS Tech $19.64 co; Michael Todd
$88.59 smcs; Micro Center $161.39 smcs; Mid America Pay Phones $100.00 smcs;
Mid-Am Marketing $64.00 smcs; Middleton Electric $9,231.00 co; Mid-State Units
$180.00 smcs; Midway Chevrolet $4.32 smcs; Midwest Turf $87.83 smcs; Milco
Environmental $954.00 smcs; Miller & Associates $5,130.00 smcs,co; Miller
Signs $360.00 smcs; Momar $517.47 smcs; Morgan,M $43.65 smcs; Mr Automotive
$2,139.17 smcs; Napa All Makes Auto $2,034.18 smcs; Nat'l Waterworks $916.25 smcs;
NE Child Support $1,458.62 ps; NE Dept of Aeronautics $995.00 ds; NE Dept of
Environmental $231,910.25 smcs,ds; NE Dept of Revenue $26,629.67 smcs; NE State
Fire Marshall $240.00 smcs; Neal-Schuman Publishers $57.20 smcs; NEland Tire
$36.44 smcs; NFPA $675.00 smcs; NE Library Association $62.50 smcs; Nogg
Chemical $490.12 smcs; Northwestern Energy $6,573.77 smcs; ODI Our Designs
$312.85 smcs,ps; Office Depot $178.09 smcs; Office Max $1,021.94 smcs; Office
Net $126.88 smcs; Olympia Petroleum $2,093.00 smcs; O'Reilly $516.89 smcs; Orscheln
$217.35 smcs; Overhead Door $249.65 smcs; P.E.P. $102.20 smcs; Paramount
$104.09 smcs; Paul A. Otto Curb Grinding $243.00 co; Paulsen $2,559.00 smcs,co;
Payne Larson $1,598.15 smcs; Paypal $30.22 smcs; Pepsi-Cola $144.70 smcs;
Platte Valley Comm $1,183.92 smcs; Police Officers' Assoc $362.25 smcs; Poore,T
$40.00 smcs; Powerplan $18,971.48 smcs; Presco Sales $671.26 smcs; Presto-X $50.00
smcs; Purdy,K $34.04 smcs; Push Pedal Pull $3,796.79 ps; Quill $366.96 smcs;
R&J Reindeer $550.00 smcs; R.T. Moore $1,667.00 smcs; Radio Shack $57.75 smcs;
Random House $770.60 smcs; Readers Service $149.76 smcs; Reading Group $13.90 smcs;
Reams Sprinkler $865.32 smcs; Recorded Books $29.75 smcs; Redman's Shoes
$144.83 smcs; RMI MFG $82.00 smcs; Roper's Radiator $724.00 smcs; Rose
Equipment $2,646.92 smcs; Sahling Kenworth $677.04 smcs; Sapp Brothers
$18,028.00 smcs; Schleiger,R $84.28 smcs; Schriner,D $31.25 smcs; Security
Cameras $143.00 smcs; Sensus $1,132.00 smcs; Sesna,D $11.70 smcs; Shell Oil
$25.50 smcs; Sherwin Williams $30.23 smcs; Shirt Shack $2,360.32 smcs; Shopping
Tripps $610.18 smcs; Sinclair Retail $32.17 smcs; Snap-On Tools $154.50 smcs;
Solid Rock $260.00 smcs; Sports Turf Managers $130.00 smcs; St. Luke's Good
Samaritan $113,809.00 smcs; Stahla,R $22.28 smcs; Stocker,K $6.73 smcs; Streicher's
$148.30 smcs; Summit Heating $162.00 smcs; Sunmart $107.56 smcs; Supercircuits
$193.46 smcs; Superior Signals $175.90 smcs; SYX Tigerdirect $1,775.93 smcs,co;
Tape Resources $752.00 co; Teahon,D $21.39 smcs; Team Software $100.00 smcs;
Tee's Plus $127.12 smcs; Teledyne ISCO $9,276.64 co; Thomson Gale $189.55 smcs;
Tielke Enterprise $10.53 smcs; Tractor Supply $913.49 smcs; Tri-City Outdoor
$110.37 smcs; Turner Body Shop $570.00 smcs; Unico Group $744.00 smcs; United
Air $1,188.90 smcs; Upbeat $2,727.88 co; UPS Store $48.24 smcs; USPS $19.85 smcs;
Valk $4,743.50 smcs; Van Diest Supply $3,318.18 smcs; Video Service of America
$307.61 smcs; Waldenbooks $125.00 smcs; Wall,M $30.79 smcs; Wal-mart $958.69 smcs;
Washington State Support $102.00 ps; Water Products $684.03 smcs; We Care Tree
Service $1,545.00 smcs; Weiss Ratings $683.85 smcs; Wellness Works $250.00 ps; Wentz,O
$14.87 smcs; Wiederspan,R $325.44 smcs; Wilke Donovans $133.37 smcs; Williams,M
$1,380.63 smcs; Woods & Aitken $787.81 co; WPCI $503.00 ps; Yellow Checker
Cab $26.00 smcs; Zimmerman Printing $218.00 smcs. 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 January 10, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.
4. Approve the following
Agricultural Leases at the Kearney Municipal Airport from January 1, 2006 until
December 31, 2007: B & B Bendfeldt Farms, L.L.C. and Brenda Bendfeldt (229
acres); David R. Fleming (344 acres); David R. Fleming (272 acres); Donald D.
Hendrickson (347 acres); Gary Henderson (52 acres); Gary Henderson (35 acres);
Lee Potter (54 acres); Thomas L. Larsen and Theodore A. Larsen (127 acres) and
approve Resolution No. 2005-205.
RESOLUTION NO.
2005-205
BE IT RESOLVED
by the Vice-President and Council of the City of Kearney, Nebraska, that the
Vice-President be and is hereby authorized and directed on behalf of the City
of Kearney, Nebraska to execute the following Agriculture Lease Agreements on
property located at the Kearney Municipal Airport from January 1, 2006 until December 31, 2007:
B & B Bendfeldt
Farms, L.L.C. and Brenda Bendfeldt (229 acres);
David R. Fleming
(344 acres);
David R. Fleming
(272 acres);
Donald D.
Hendrickson (347 acres);
Gary Henderson
(52 acres);
Gary Henderson
(35 acres);
Lee Potter (54
acres);
Thomas L. Larsen
and Theodore A. Larsen (127 acres)
A copy of the Agreements, marked
Exhibits “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, are attached hereto and made a
part hereof by reference.
PASSED AND APPROVED THIS
27TH DAY OF DECEMBER, 2005.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
5. Approve the Grassland
Lease with Ron Hendrickson (75 acres) at the Kearney Municipal Airport from January 1, 2006 until December 31, 2007 and approve Resolution No. 2005-206.
RESOLUTION NO.
2005-206
BE IT RESOLVED
by the Vice-President and Council of the City of Kearney, Nebraska, that the
Vice-President be and is hereby authorized and directed on behalf of the City
of Kearney, Nebraska to execute the Grassland Lease with Ron Hendrickson (75
acres) at the Kearney Municipal Airport from January 1, 2006 until December 31, 2007. A copy of the Agreement, marked Exhibit “1” is attached hereto and
made a part hereof by reference.
PASSED AND APPROVED
THIS 27TH DAY OF DECEMBER, 2005.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
6. Approve the Tenant Use
and Operations Agreement with Buck Enterprises, Inc. d/b/a Thrifty Car Rental
for Building T-927 for aircraft and aviation related component storage, inside
hangar only at the Kearney Municipal Airport from January 1, 2006 until December 31, 2010 and approve Resolution No. 2005-207.
RESOLUTION NO.
2005-207
BE IT RESOLVED
by the Vice-President and Council of the City of Kearney, Nebraska, that the
Vice-President be and is hereby authorized and directed on behalf of the City
of Kearney, Nebraska to execute the Tenant Use and Operations Agreement with
Buck Enterprises, Inc. d/b/a Thrifty Car Rental for Building T-927 for aircraft
and aviation related component storage, inside hangar only at the Kearney
Municipal Airport from January 1, 2006 until December 31, 2010. A copy of the
Agreement, marked Exhibit “1” is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED
THIS 27TH DAY OF DECEMBER, 2005.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
7. Approve the Car Rental
Lease Agreement with Buck Enterprises, Inc. d/b/a Thrifty Car Rental for
Building T-927 for automobile rental services at the Kearney Municipal Airport
from January 1, 2006 until December 31, 2010 and approve Resolution No.
2005-208.
RESOLUTION NO.
2005-208
BE IT RESOLVED
by the Vice-President and Council of the City of Kearney, Nebraska, that the
Vice-President be and is hereby authorized and directed on behalf of the City
of Kearney, Nebraska to execute the Tenant Car Rental Lease Agreement with Buck
Enterprises, Inc. d/b/a Thrifty Car Rental for Building T-927 for automobile
rental services at the Kearney Municipal Airport from January 1, 2006 until
December 31, 2010. A copy of the Agreement, marked Exhibit “1” is attached
hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 27TH DAY OF DECEMBER, 2005.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
8. Approve the Agreement
with the American Cancer Society for the temporary use of Hangar T-385, ramp
area and parking lot on May 5 and 6, 2006 in connection with Relay for Life.
9. Approve the Amendment
to Lottery Operator’s Agreement dated August 14, 2001 with Kearney Gaming LLC
and approve Resolution No. 2005-209.
RESOLUTION
NO. 2005-209
WHEREAS, on August
14, 2001 the President and City Council of the City of Kearney authorized and
directed the President to execute a Lottery Operator Agreement with Kearney
Gaming, LLC.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
that the Vice-President is authorized and directed to execute the attached
Amendment to Lottery Operator’s Agreement.
PASSED AND
APPROVED THIS 27TH DAY OF DECEMBER, 2005.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
10. Approve the
application to extend Conditional Use Permit No. 2001-03 granted to Beadle, LLC
to locate a resource extraction and stock piling operation located ¾ mile north
of 56th Street on the west side of Avenue N from January 1, 2006 until January
1, 2008.
11. Approve the
application to extend Conditional Use Permit No. 2000-11 granted to Robbi Kirk
to operate a day care center located at 1411 East 33rd Drive for a period of
one year.
12. Approve Application
and Certificate for Payment No. 4 in the amount of $22,956.42 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, an addition to the City of
Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-210.
RESOLUTION
NO. 2005-210
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. 4 in the amount of $22,956.42 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
|
275,533.85
|
|
Retainage
|
13,776.69
|
|
Amount Due to Date
|
261,757.16
|
|
Less Previous Certificates for
Payment
|
238,800.74
|
|
Current Payment Due
|
$ 22,956.42
|
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
and hereby find and determine that Application and Certificate for Payment No.
4, as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED
THIS 27TH DAY OF DECEMBER, 2005.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
13. Approve Application
and Certificate for Payment No. 4 in the amount of $176,144.28 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. 2005-211.
RESOLUTION
NO. 2005-211
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. 4 in the
amount of $176,144.28 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
|
771,221.87
|
|
Retainage
|
38,561.09
|
|
Amount Due to Date
|
732,660.78
|
|
Less Previous Certificates for
Payment
|
595,077.59
|
|
Current Payment Due
|
$ 176,144.28
|
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
and hereby find and determine that Application and Certificate for Payment No.
4, as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED
AND APPROVED THIS 27TH DAY OF DECEMBER, 2005.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
14. Approve and Plans and
Specifications to re-bid AIP Project Number 3-31-0045-15 (Airport Apron/Taxilane
Improvements) and set the bid opening date for January 24, 2006 at 2:00 p.m.
15. Approve the bids
received for the construction of the Environmental Resource Center (ERC) to be
located at E.K. & Mary Yanney Heritage Park and approve Resolution No. 2005-212
awarding the bid to Sampson Construction of Kearney, Nebraska in the amount of
$567,000.00.
RESOLUTION
NO. 2005-212
WHEREAS, the City of
Kearney has reviewed the sealed bids which were opened on December 12, 2005, at
10:00 a.m. for the construction of the Environmental Resource Center (ERC) to
be located at E.K. & Mary Yanney Heritage Park; and
WHEREAS, the
Engineer’s Opinion of Probable Construction Cost was $560,494.00; and
WHEREAS, said
engineer has recommended the bid offered by Sampson Construction of Kearney,
Nebraska in the sum of $567,000.00 be accepted as the lowest responsible bid.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and City Council of the City of Kearney,
Nebraska that the Engineer’s recommendation is hereby accepted and approved,
that Sampson Construction be and is the lowest responsible bidder for the
construction of the Environmental Resource Center (ERC) to be located at E.K.
& Mary Yanney Heritage Park, to be constructed in accordance with the plans
and specifications on file with the City Clerk and that the bid of Sampson
Construction in the sum of $567,000.00 be and is hereby accepted.
BE IT FURTHER
RESOLVED the Engineer’s Opinion of Probable Construction Cost for the
construction of the Environmental Resource Center (ERC) to be located at E.K.
& Mary Yanney Heritage Park in the amount of $560,494.00 be and is hereby
accepted.
BE IT FURTHER
RESOLVED that the President of the Council of the City of Kearney, Nebraska, be
and is hereby authorized and directed to execute contracts for such
improvements in accordance with the bid, plans, specifications, and general
stipulations pertaining thereto.
PASSED AND APPROVED
THIS 27TH DAY OF DECEMBER, 2005.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
16. Approve the
application for a Special Designated License submitted by JCB ENTERPRISES, dba
“Bill’s Liquor” in connection with their Class CK39105 catering liquor license
to dispense beer, wine and distilled spirits at the Great Platte River Road
Archway Monument, 3060 East 1st Street, on January 22, 2006 from 3:00 p.m.
until 11:00 p.m. for a reception for the Western Resource Conservation &
Development Association.
17. Authorize the execution
of a Corrective Quitclaim Deed for the vacated west 10 feet of Avenue B as it
abuts the south half of Lot 1700 and all of Lot 1701, Original Town of Kearney
Junction now the City of Kearney, Buffalo County, Nebraska and approve
Resolution No. 2005-213.
RESOLUTION NO.
2005-213
WHEREAS, City Council
authorized the transfer of the vacated west 10 feet of Avenue B as it abuts
certain property owned by Deborah Mitchell pursuant to Ordinance No. 6496 which
was passed and approved at the regular meeting of City Council on December 22,
1998; and
WHEREAS, it has been
discovered by the title examiner that the legal description in an earlier
recorded quitclaim deed was in error and that the legal description needs to be
corrected as there was reference to Lot 1700 rather than Lot 1701 in the
original quitclaim deed; and
WHEREAS, in order to
correct this mistake in the legal description, a Corrective Quitclaim Deed
needs to be recorded.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
that the Vice-President be and is hereby authorized and directed to execute a
Corrective Quitclaim Deed and that the City Clerk be instructed to file said
Deed with the Buffalo County Register of Deeds. A copy of the said Corrective
Quitclaim Deed, marked as Exhibit “A”, is attached hereto and made a part
hereof by reference.
PASSED AND APPROVED
THIS 27TH DAY OF DECEMBER, 2005.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7229 – AMEND SECTION
8-804 OF CITY CODE
With the recent Phase II Speed
Limit Evaluation Report that was performed by Olsson Associates, a number of
speed limit changes have been made along Highway US-30 (25th Street), and
Highway N-44/10 (2nd Avenue). The State Department of Roads has requested that
the City update the speed zone ordinance to reflect the speed limit changes for
the previously listed highways within the corporate limits. Attached is the
letter from the State, a map depicting the changes and a copy of the new
ordinance that reflect the changes.
Council Member Clouse introduced
Ordinance No. 7229, being Subsection 1 of Agenda Item V to amend Section 8-804
“Specific Limits” of Article 8 “Speed Limitations” of Chapter 8 “Police” of the
Code of the City of Kearney to adjust the speed limits on Highway 30 (25th
Street) from the west City limits to the east City limits and on Highway 10/44
(2nd Avenue) from the south City limits to the north City limits, 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: Buschkoetter, Lear, Clouse, Kearney.
Nay: None. Hadley 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. 7229 by number. Roll call of those in
favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. Motion
carried. Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7229 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney,
Lear. Nay: None. Hadley absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7229 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.
ORDINANCE NO. 7230 – AMEND SECTION
8-915.2 OF CITY CODE
Section 8-915.2 of the City Code
establishes the Snow Emergency Routes. It shall be unlawful for any person to
park any vehicle on any of the following streets or portions of streets during
a snow emergency period when the City Manager or his/her designated
representative, has, by declaration, prohibited parking on said streets. A
violation of this section is punishable as a traffic infraction in accordance
with Section 1-113. With the addition of new streets and their impact on
traffic patterns in Kearney, the City needs to periodically update the streets
designated as Emergency Snow Routes.
Council Member Clouse introduced
Ordinance No. 7230, being Subsection 2 of Agenda Item V to amend Section
8-915.2 “Snow Emergency Routes” of Article 9 “Stopping, Standing and Parking”
of Chapter 8 “Police” of the Code of the City of Kearney to amend the Emergency
Snow Route to include the following streets: 45th Street from Avenue N to
Avenue R, Avenue R from 39th Street to 45th street, 30th Avenue from 11th
Street to 45th Street, Avenue M from 11th Street to 27th Street and Avenue N,
Grand Avenue from 25th Street to Antelope Avenue, and Antelope Avenue from
Highway 30 to 39th Street, 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: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley
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. 7230 by number. Roll call of those in favor of the passage of
said ordinance on the first reading resulted as follows: Aye: Buschkoetter,
Lear, Clouse, Kearney. Nay: None. Hadley absent. Motion carried. Ordinance was
read by number.
Moved by Lear seconded by Buschkoetter
that Ordinance No. 7230 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay:
None. Hadley absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7230 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
OPEN ACCOUNT CLAIMS; NEBRASKA
PUBLIC POWER DISTRICT - $49,246.41; FREMONT NATIONAL BANK - $39,064.19
Moved by Buschkoetter seconded by
Kearney that Open Account Claims in the amount of $49,246.41 payable to
Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter,
Kearney, Lear. Nay: None. Clouse abstained. Hadley absent. Motion carried.
Moved by Kearney seconded by Clouse
that Open Account Claims in the amount of $39,064.19 payable to Fremont
National Bank be allowed. Roll call resulted as follows: Aye: Buschkoetter, Clouse,
Kearney. Nay: None. Lear abstained. Hadley absent. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Clouse seconded by Lear
that Council adjourn at 7:05 p.m. Roll call resulted as follows: Aye: Buschkoetter,
Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.
RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK