Kearney, Nebraska
April 26, 2005
7:00 p.m.
Prior to the regular Council
meeting, the Council met as the Board of Directors for the Kearney Municipal
Airport Corporation in open and public session at 7:00 p.m. on April 26, 2005
in the Council Chambers at City Hall. This meeting adjourned at 7:06 p.m. A
meeting of the City Council of Kearney, Nebraska, was then convened in open and
public session at 7:07 p.m. in the Council Chambers at City Hall. Present
were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear.
Absent: None. Michael W. Morgan, City Manager; Michael Kelley, City
Attorney; Wendell Wessels, Director of Finance and Administration; Kirk
Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works
were also present. Some of the citizens present in the audience included: John
Lowe, Ryan Barker, Jeff Peterson, Mike Cahill from KKPR Radio, and Dave Jenner
from KGFW Radio.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council
and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance
notice and in the notice to the Mayor and City Council. All proceedings
hereafter shown were taken while the meeting was open to the attendance of the
public.
I.
ROUTINE BUSINESS
INVOCATION
The Mayor and Council held a
moment of silent prayer.
PLEDGE OF ALLEGIANCE
The Mayor and Council members led
the audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
CLUB ‘3’ LIQUOR LICENSE AND
MANAGER APPLICATION
Mayor Hadley opened the public
hearing on the application for a Class “C” (Beer, Wine and Spirits – On and Off
Sale) Liquor License submitted by RYAN WILLIAM BARKER, INC., dba “Club 3”
located at 2021 Central Avenue, consider the application for Corporate Manager
of Ryan Barker, and to consider approval of Resolution No. 2005-59.
The business is currently owned
by John Lowe, and Mr. Lowe is selling the business to Mr. Barker. Mr. Lowe will
retain ownership of the structure, but Barker will own the business. Mr. Barker
has been employed by the business for several months. The business is and
will continue to function as a bar, and would operate under a Class C license.
A background was conducted on Mr. Barker and the business. There was
nothing found in the background that would prohibit Mr. Barker from owning and
managing the business. The business has been in operation for several years.
There have been several disturbances in the past that have either emanated from
or occurred within the business. One of these instances was reported to the
Nebraska Liquor Commission, resulting in a warning letter being issued to the
business. The business caters to the 21-35 year old demographic, and is
considered a dance club. During the interview with Mr. Barker, the number of
disturbances and the nature of the problems were discussed at length. Mr.
Barker had advised he would do whatever was necessary to curb these and would
cooperate fully with the Police Department.
Ryan Barker presented this matter
to the Council. He stated he has been working with the current owner, John
Lowe, in the management and operation of the business. He is planning on
getting the training from the Kearney Police Department.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Hadley to close the hearing and approve the application for a Class “C” (Beer,
Wine and Spirits – On and Off Sale) Liquor License submitted by RYAN WILLIAM
BARKER, INC., dba “Club 3” located at 2021 Central Avenue, approve the application
for Corporate Manager of Ryan Barker, and approve Resolution No. 2005-59. Roll
call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2005-59
WHEREAS, RYAN WILLIAM BARKER, INC., dba “Club 3” has filed with the Nebraska
Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska,
an application for a Class ‘C’ (Beer, Wine, Distilled Spirits – On and Off
Sale) Liquor License to do business at 2021 Central Avenue, Kearney, Nebraska,
and has paid all fees and done all things required by law as provided in the
Nebraska Liquor Control Act; and
WHEREAS, RYAN WILLIAM BARKER, INC., dba “Club 3” also filed with the Nebraska
Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska,
an application for Corporate Manager of Ryan Barker; and
WHEREAS, a hearing was held relating to said application on April 26, 2005.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘C’ (Beer, Wine, Distilled
Spirits – On and Off Sale) Liquor License to RYAN WILLIAM BARKER, INC., dba
“Club 3” located at 2021 Central Avenue, Kearney, Nebraska, and to approve the
application for Corporate Manager of Ryan Barker.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
IV.
CONSENT AGENDA
Moved by Hadley seconded by
Kearney that Subsections 1 through 14 of Consent Agenda Item IV be approved.
Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear.
Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held April 12, 2005.
2.
Approve the following Claims: AT&T $13.01 SMCS; Ace Hardware $256.37 SMCS;
Advance Auto Parts $17.76 SMCS; Air Midway $59.08 SMCS; Alltel $2,246.02 SMCS;
Amazon $50.26 SMCS; Amer Electric $354.60 SMCS; Amer Red Cross $50.72 SMCS;
Anderson Ford $12,717.00 CO; APA Memberships $412.00 SMCS; APA-Conference
$169.13 SMCS; Avian Publications $49.95 SMCS; Baker & Taylor $1,276.39
SMCS; Barcodes $200.88 SMCS; Barney Abstract $1,545.00 SMCS,CO; BBC Audiobooks
$73.00 SMCS; Becker,G $41.75 SMCS; Bennett,T $882.75 SMCS; Best Lock $461.00
SMCS; Big Flag $430.44 SMCS; Bioscan $54.85 SMCS; Blackburn Mfg $332.80 SMCS;
Blockbuster $50.00 SMCS; Bloom Designs $213.66 SMCS; Blue Cross $71,774.48
SMCS; Bob's Super Store $31.28 SMCS; Bogard, M $53.48 SMCS; Bonanza
Publications $22.50 SMCS; Bookmark $146.93 SMCS; Bosselman $17,666.40 SMCS;
Breathing Air Systems $587.62 SMCS; Broadfoots $1,853.88 SMCS; Bruha,S $378.12
SMCS; Buffalo Co Treasurer $3.75 CO; Buffalo Co Court $189.83 PS; Buggy Bath $31.50
SMCS; Builders Warehouse $4,988.17 SMCS,CO; Cabelas $25.49 SMCS; Capital Media
$418.95 SMCS; Capstone Press $745.80 SMCS; Cash-Wa $134.95 SMCS; CCH $176.26
SMCS; CDW Government $499.99 CO; Centaur Entp $116.82 SMCS; Central Dist Health
Dept $1,756.00 SMCS; Central Fire & Safety $30.00 SMCS; Central Hydraulic
$632.36 SMCS; Fox Bros Hay $2,217.28 SMCS; Freburg,N $184.62 PS; Frontier
$8,280.90 SMCS; Gangwish Turf $105.00 SMCS; Gardner & Associates $245.00
SMCS; Central NE Bobcat $123.11 SMCS; Central NE Equipment $228.90 SMCS;
Century 21 $52.15 SMCS; Chamberlain Group $68.44 SMCS; Chesterman $50.00 SMCS;
City of Ky $82,663.10 PS,SMCS; City of Salina $889.44 PS; Clark Enersen
$1,058.02 CO; CLE Int'l $990.00 SMCS; CLH $309.00 ER; College Savings Plan of
NE $50.00 PS; Colorado RT $32.80 SMCS; Colorid Ribbons $186.00 SMCS; Computer
Hardware $44.95 CO; Construction Rental $687.45 SMCS; Copy Cat $702.59 SMCS;
Crossroads Ford $994.39 SMCS; Culligan $290.55 SMCS; Cummins $1,763.83 SMCS;
Custom Body $166.35 SMCS; D&D Industrial $200.00 SMCS; D&M Security
$54.00 SMCS; Dannehl's Feed $112.70 SMCS; DARE $543.76 SMCS; Dell $946.94 SMCS;
Depository Trust $702,542.50 CO,DS; Depository Trust $345,000.00 CO,DS;
Development Council $1,366.89 SMCS; Diamond Vogel $31.14 SMCS; DPC Industrial
$8,595.00 SMCS; Dreyer,D $50.54 SMCS; Dubs $26.55 SMCS; Dugan Business Forms
$1,341.04 SMCS; Dutton-Lainson $150.49 SMCS; Eakes Office $1,473.03 SMCS; EDM
Equipment $54.99 SMCS; Electronics Center $75.45 SMCS; Elliott Equipment
$302.72 SMCS; Elliott,R $53.48 SMCS; Engels,D $1.96 SMCS; Fairbanks Int'l $0.74
SMCS; Fairfield Inn $53.00 SMCS; Farmers Union $24.00 SMCS; Fast Break Auto
$35.00 SMCS; Fast Mart $24.45 SMCS; Fastenal $622.00 SMCS; Fliteline $1,129.18
SMCS; Gas & Go $31.50 SMCS; Gaylord Bros $101.00 SMCS; Gordon's Small
Engine $477.23 SMCS; Graczyk,M $11.25 SMCS; Graham Tire $120.00 SMCS; Grainger
$707.09 SMCS; Grand Central IGA $24.70 SMCS; Graphic Screen Printing $52.00
SMCS; Great Plains One-Call $353.28 SMCS; H&H Distributing $622.00 SMCS;
Hastings $82.80 SMCS; Heartland Transmission $786.00 SMCS; Heritage Hills
Golf $1,300.00 SMCS; Hibberd,T $150.70 SMCS; Highsmith $387.38 SMCS,CO;
Hilton's Handyman $7,641.38 CO; Hirst,A $16.50 SMCS; Hobby Lobby $36.32 SMCS; Hoehner
Turf $19.60 SMCS; Holiday Station $54.40 SMCS; Holmes Plumbing $471.47 SMCS,CO;
Hotel Palomar $813.30 SMCS; ICMA $300.00 SMCS; ICMA RC $2,443.56 PS; IRS
$83,633.91 PS; Int'l Code Council $116.00 SMCS; Int'l Society of Fire Serv
$225.00 SMCS; ISDN $188.25 SMCS; J&A Traffic $275.00 SMCS; Jack Lederman
$154.07 SMCS,CO; James Publishing $69.94 SMCS; Johnsen Corrosion $1,976.64
SMCS; K&K Parts $338.68 SMCS; Ky Clinic $1,072.00 SMCS,PS; Ky Concrete
$850.88 SMCS,CO; Ky Glass $66.00 SMCS; Ky Hub $3,210.26 SMCS,CO; Ky Implement
$352.15 SMCS; Ky Whse $113.72 SMCS; Ky Winlectric $13.54 SMCS; Ky Yamaha $28.53
SMCS; Killion Motors $36.14 SMCS; Kmart $7.56 SMCS; Kolar,J $109.70 SMCS; LT's
Brokerage $706.15 SMCS; La Jolla Club Golf $270.76 SMCS; Landmark Audiobooks
$22.00 SMCS; Lasertec $537.78 SMCS; Lastar $66.84 CO; Laughlin, K $360.00 PS;
Lawson Products $271.17 SMCS; Lexis Nexis $159.30 SMCS; Linweld $145.13
SMCS,CO; Lockmobile $2.75 SMCS; Love S Country $25.00 SMCS; Luke,D $53.48 SMCS;
Mac Tools $20.35 SMCS; Machines and Media $267.00 SMCS; Magic Cleaning
$2,950.00 SMCS; Mail Express $216.46 SMCS; Marlatt Machine Shop $758.80 SMCS;
Marriott $1,730.56 SMCS; McCollister $1,385.25 SMCS; Menards $516.43 SMCS,CO;
Mid America Pay Phones $100.00 SMCS; Mid America Sales $294.26 SMCS; Mid Con Systems
$535.56 SMCS; Middleton Electric $9,995.00 CO; Midwest Radar & Equip $70.00
SMCS; Midwest Service $131.53 SMCS; Miller & Associares $60,987.30 CO; Minitex
$1,266.00 SMCS; Municipal Emerg Services $19.62 SMCS; Morgan,M $41.00 SMCS;
Morris Press $133.46 SMCS; Morris,M $4.86 SMCS; Mosbarger,B $143.51 SMCS; Mr.
Automotive $2,749.19 SMCS; Mullennix,K $40.00 SMCS; NAPA Auto Parts $1,845.41
SMCS; Nat'l Business Institute $289.00 SMCS; National Waterworks $8,077.69
SMCS; Nat'l Rec & Park $70.00 SMCS; Natsuko,W $24.56 SMCS; NE Child Support
$1,045.43 PS; NE Dept of Aeronautics $1,470.00 DS; NE Dept of Agriculture
$270.00 SMCS; NE Health Lab $517.00 SMCS; NE Dept of Revenue $7,567.85 SMCS; NE
Fire Chiefs Assoc $60.00 SMCS; NE Machinery $468.44 SMCS; NE Statewide
Arboretum $125.00 SMCS; NE Workforce Development $2,632.00 SMCS,PS; NE Golf
& Turf $14.31 SMCS; NE Nat'l Bank $21,950.00 DS; NE Truck Center $119.32
SMCS; NEland Dist $988.00 SMCS; New World Inn $227.76 SMCS; Nogg $690.81 SMCS;
Northwestern $11,807.15 SMCS; Office Depot $643.74 SMCS; Office Max $478.62
SMCS,CO; Officenet $219.54 SMCS; O'Keefe Elevator $125.92 SMCS; O'Reilly
$1,274.29 SMCS; Orscheln $1,938.71 SMCS; Overhead Door $395.00 SMCS; Paramount
$1,574.65 SMCS; Paul Otto Curb Grinding $45.00 CO; Payflex Systems $378.25
SMCS; Paypal $109.99 SMCS; Pen Fire Engineering $19.95 SMCS; PEP $97.34 SMCS;
Pepsi-Cola $755.56 SMCS; Phones N Such $97.49 CO; Platte Valley Comm $18,396.01
SMCS, CO; Pollock,S $20.13 SMCS; Precision Industries $48.08 SMCS; Prestige Flag
$233.25 SMCS; Presto-X $50.00 SMCS; Procon Products $76.27 SMCS; Pump &
Pantry $33.70 SMCS; Quill $548.90 SMCS; R&R Products $798.46 SMCS; Radio
Shack $283.50 SMCS,CO; Radisson Hotel $703.99 SMCS; Random House $237.60 SMCS;
Ready Mixed $943.09 SMCS,CO; Reams Sprinkler Supply $680.06 SMCS; Recorded
Books $1,273.87 SMCS; REI Jems-Wildland Fire $29.90 SMCS; Resource Mgt $593.10
SMCS; Riverside Animal Hosp. $2,174.35 SMCS; Roth,K $15.17 SMCS; SA Foster
Lumber $15.29 SMCS; Sahling Kenworth $26.76 SMCS; S-F Analytical $674.00 SMCS; Shatto,M
$340.44 SMCS; Sherwin Williams $116.24 SMCS; Sign Center $125.00 SMCS; Snap-On
Tools $895.00 SMCS; Softchoice $133.51 CO; Sorensen Group $8,692.20 CO; Spec
Cast $114.95 SMCS; Sterling Dist $96.30 SMCS; Story,G $215.17 SMCS; Sun Turf
$18.44 SMCS; Sunsetter Awnings $1,632.85 CO; Super Shine Auto Wash $14.00 SMCS;
Swanson Corp $905.17 SMCS; Syndistar $1,000.00 SMCS; SYX Tigerdirect.com $89.03
CO; Target $19.96 SMCS; Team Effort $564.24 SMCS; Tech Center Serv $30.00 SMCS;
Texoma Golf $428.48 SMCS; TheLaw.net Corp $375.00 SMCS; Thompson,J $25.35 SMCS;
Thomson Gale $56.13 SMCS; Tilley Sprinklers $204.13 SMCS; Titleist $11,477.18
SMCS; Tractor Supply $885.34 SMCS; Tri-City Outdoor $31.91 SMCS; Union Oil
$802.40 SMCS; United Distillers $205.72 SMCS; United Seeds $973.50 SMCS; United
States Golf Assoc $100.00 SMCS; UPS $112.21 SMCS; Urbanek,T $205.39 SMCS; US
Bank $340,882.73 DS; U-Save Foods $27.89 SMCS; USPS $37.08 SMCS; Video Kingdom
$129.97 SMCS; Viking $276.51 SMCS; Waldenbooks $37.13 SMCS; Wal-Mart $1,557.96
SMCS,CO; Walter's Electric $707.49 SMCS; Washington State Support $102.01 PS;
West $629.24 SMCS; Wicks Sterling $202.08 SMCS; Wilke Donovans $425.82 SMCS,CO;
Willa Cather Pioneer $37.50 SMCS; Winfield Concrete $6,500.00 CO; Wingate Inn
$65.00 SMCS; Winning Edge Designs $226.57 SMCS; WPCI $214.00 PS;
www.canfitu.com $436.65 SMCS; www.commontime.com $150.00 SMCS; Yanda's Music
$265.00 CO; Payroll Ending 04-16-2005 -- $248,621.85. The foregoing
schedule of claims is published in accordance with Section 19-1102 of the
Revised Statutes of Nebraska, and is published at an expense of $_________ to
the City of Kearney.
3.
Receive recommendations of Planning Commission and set May 10, 2005 at 7:00
p.m. as date and time for hearing on those applications where applicable.
4.
Ratify the action taken by the Kearney Municipal Airport Corporation to approve
the Plans and Specifications for AIP Project Number 3-31-0045-15 (Airport
Apron/Taxilane Improvements) and set the bid opening date for May 16, 2005 at
2:00 p.m.
5.
Ratify the action taken by the Kearney Municipal Airport Corporation to approve
the T-Hangar B-3 Lease Agreement with Dennis McGowan, dba “Capital Holdings 149
LLC” and approve Resolution No. 2005-60.
RESOLUTION NO.
2005-60
BE IT RESOLVED
by the President and Council of the City of Kearney, Nebraska, that the
President be and is hereby authorized and directed to execute the T-Hangar B-3
Lease Agreement, on behalf of the City of Kearney, Nebraska, with Dennis
McGowan, dba “Capital Holdings 149 LLC”, a copy of the Agreement, marked
Exhibit “1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
6.
Ratify the action taken by the Kearney Municipal Airport Corporation to approve
the First Amendment to Bosselman Energy Agreement and approve Resolution No.
2005-61.
RESOLUTION NO.
2005-61
BE IT RESOLVED
by the President and Council of the City of Kearney, Nebraska, that the
President be and is hereby authorized and directed to execute the First
Amendment to Bosselman Energy Agreement, on behalf of the City of Kearney,
Nebraska, with Bosselman Energy of Grand Island, a copy of the Agreement,
marked Exhibit “1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
7.
Approve Application and Certificate for Payment No. 1 in the amount of
$30,277.80 submitted by Blessing LLC and approved by Miller & Associates
for the 2004 Part VII Improvements – Bid B consisting of Paving Improvement District
No. 2004-886 for Avenue K from 14th Street north to 15th Street, Paving
Improvement District No. 2004-887 for 14th Street from Avenue K east to Avenue
M, Paving Improvement District No. 2004-888 for 15th Street from Avenue K east
to Avenue M, Paving Improvement District No. 2004-889 for 15th Street from
Avenue H east to Avenue I and approve Resolution No. 2005-62.
RESOLUTION
NO. 2005-62
WHEREAS,
Blessing, LLC has performed services in connection with the 2004 Part VII
Improvements – Bid B consisting of Paving Improvement District No. 2004-886
for Avenue K from 14th Street north to 15th Street, Paving Improvement District
No. 2004-887 for 14th Street from Avenue K east to Avenue M, Paving Improvement
District No. 2004-888 for 15th Street from Avenue K east to Avenue M, Paving
Improvement District No. 2004-889 for 15th Street from Avenue H east to Avenue
I, and the City's engineer, Miller & Associates, have filed with the City
Clerk Application and Certificate for Payment No. 1 in the amount of $30,277.80
as shown on Exhibit “A” attached hereto and made a part hereof by reference and
as follows:
|
Original Contract Sum
|
$202,301.00
|
|
Contract Sum To Date
|
202,301.00
|
|
Gross Amount Due
|
33,642.00
|
|
Retainage
|
3,364.20
|
|
Amount Due to Date
|
30,277.80
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$ 30,277.80
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Application and Certificate for
Payment No. 1 as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
8.
Approve the request submitted by Good Samaritan Health Systems and Kearney Park
& Recreation to conduct the Good Samaritan Olympiad 5K on June 25, 2005
beginning at 8:30 a.m. The route will begin at Good Samaritan Hospital, south
on Avenue A to 27th Street, east on 27th Street to Avenue I, north on Avenue I
to Tabor Street, west of Tabor Street to 34th Street, south on 34th Street to
Avenue G, south on Avenue G to 33rd Street, east on 33rd Street to Avenue H,
south on Avenue H to 27th Street, west on 27th Street to Avenue A, north on
Avenue to Good Samaritan Hospital.
9.
Approve the Water Monitoring Site Lease between the City of Kearney and Robert
Cook and approve Resolution No. 2005-63.
RESOLUTION NO.
2005-63
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the President of the Council be and is hereby authorized and directed to execute
the Water Monitoring Site Lease on behalf of the City of Kearney, Nebraska with
Robert G. Cook, a copy of said Lease is marked as Exhibit “A”, attached hereto
and made a part hereof by reference.
PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
10.
Approve the request submitted by the Kearney Volunteer Fire Department to
conduct the Nebraska Volunteer Firefighters on Parade on October 22, 2005
beginning at 2:00 p.m. The route will begin at Railroad Street and Central
Avenue, north on Central Avenue to 26th Street. The staging area will include
Railroad Street from Avenue C to 4th Avenue.
11.
Approve the request submitted by the Kearney Volunteer Fire Department to hang
a banner at the intersection of Central Avenue and 22nd Street from October 10,
2005 until October 24, 2005 in honor of the Nebraska Volunteer Firefighters on
Parade.
12.
Approve the Agreement submitted by the Central Nebraska Auto Club to block off
Central Avenue from 25th Street to North Railroad Street, 23rd Street from 1st
Avenue to Avenue A, the parking lot located west of Cunningham’s Journal, the
parking lot located behind City Hall, and the parking lot located north of MONA
and to conduct a parade on July 16, 2005 in conjunction with Cruise Nite 2005.
13.
Approve Application and Certificate for Payment No. 4 in the amount of
$49,086.69 submitted by Paulsen, Inc. and approved by Miller & Associates for
the 2004 Part I Improvements, Phase IV consisting of Paving Improvement
District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road
and approve Resolution No. 2005-64.
RESOLUTION
NO. 2005-64
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2004 Part I
Improvements – Phase IV consisting of Paving Improvement District No.
2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road, and the City's
engineer, Miller & Associates, have filed with the City Clerk Application
and Certificate for Payment No. 4 in the amount of $49,086.69 as shown on
Exhibit “A” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$776,763.00
|
|
Change Order No. 1 (9-28-2004)
|
-128,000.00
|
|
Change Order No. 2 (11-23-2004)
|
+
870.00
|
|
Contract Sum To Date
|
649,633.00
|
|
Gross Amount Due
|
554,956.40
|
|
Retainage
|
27,747.82
|
|
Amount Due to Date
|
527,208.58
|
|
Less Previous Certificates for
Payment
|
478,121.89
|
|
Current Payment Due
|
$ 49,086.69
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and Certificate
for Payment No. 4 as shown on Exhibit “A”, be and is hereby accepted and
approved.
PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
14.
Approve Application and Certificate for Payment No. 3 in the amount of
$46,550.25 submitted by Blessing LLC and approved by Miller & Associates
for the 2004 Part I Improvements, Phase III consisting of Paving Improvement
District No. 2004-885 for 30th Avenue from 31st Street north to 39th Street and
approve Resolution No. 2005-65.
RESOLUTION
NO. 2005-65
WHEREAS,
Blessing, LLC has performed services in connection with the 2004 Part I
Improvements – Phase III consisting of Paving Improvement District No.
2004-885 for 30th Avenue from 31st Street north to 39th Street, and the City's
engineer, Miller & Associates, have filed with the City Clerk Application
and Certificate for Payment No. 3 in the amount of $46,550.25 as shown on
Exhibit “A” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$945,531.50
|
|
Change Order No. 1 (12-28-2004)
|
+
660.00
|
|
Contract Sum To Date
|
946,191.50
|
|
Gross Amount Due
|
417,500.20
|
|
Retainage
|
41,750.02
|
|
Amount Due to Date
|
375,750.18
|
|
Less Previous Certificates for
Payment
|
329,199.93
|
|
Current Payment Due
|
$ 46,550.25
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 3 as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
V.
CONSENT AGENDA ORDINANCES
ORDINANCE NO. 7170 – PURCHASING
ORDINANCE
The City currently has no
formal purchasing policy other than what is required by state statute. A
goal of the Finance Department for this fiscal year is to draft and implement a
Purchasing Policy for the City of Kearney. Attached is an ordinance that
will establish a “Purchasing” article within the Codes of the City of
Kearney. The ordinance includes the following provisions:
·
Establishment of the office of the
Purchasing Agent.
·
Establishment of the responsibilities and
duties of the Purchasing Agent.
·
Procedures required when purchasing
supplies, equipment, or contractual services that exceed $20,000.00.
·
Procedures required when purchasing
supplies, equipment, or contractual services that are less than $20,000.00.
·
Procedures required when procuring
professional services.
·
Procedures required for sole source
procurement.
·
Procedures required for emergency
purchases.
·
Procedures required for travel and other
miscellaneous purchases.
·
Establishment of the prescribed authority
structure.
·
Procedure required for requisitions and
estimates.
·
Requirements for performance and payment
bonds.
·
Exceptions for state and federally funded
programs.
·
Provisions for the prohibition of City
employees accepting gifts and rebates.
·
Requirements for an annual inventory of
all real and personal property.
·
Procedures required for selling or
disposing of surplus property.
Council Member Kearney introduced
Ordinance No. 7170, being Subsection 1 of Agenda Item V to amend the Kearney
City Code by adding a new Article 15 entitled “Purchasing” to Chapter 1
“Administration”; to provide a title; to provide definitions; to establish the
office of purchasing agent and appointment of said agent; to provide
responsibilities and duties of the purchasing agent; to require formal contract
procedures; to provide for informal bidding; to provide requirements for
professional services; to provide for emergency purchases; to set forth the
requirements for miscellaneous expenditures; to prescribe authority structures;
to provide requisitions and estimates; to provide encumbrance or funds; to
require performance and payment bonds; to provide for exceptions; to provide
prohibition of interest; to prohibit gifts and rebates; to require inventory;
and to provide surplus stock, and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Clouse seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk called the
roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and adopted.
City Clerk read Ordinance No. 7170 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Clouse seconded by Lear
that Ordinance No. 7170 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7170 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
VI.
REGULAR AGENDA
AWARD BID – 2005 PART II
IMPROVEMENTS
Mayor Hadley opened for
discussion the bids received for the 2005 Part II Improvements
consisting of Water Connection District No. 2005-1 for 56th Street from 17th
Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue
from 56th Street north a distance of 1,033 feet, and Water Connection District
No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main
replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue
C, and three water valve replacements located at 21st Street between 4th Avenue
and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street
just west of Central Avenue and to consider approval of Resolution No. 2005-66
awarding the bid to Midlands Contracting in the amount of $928,987.00 and approve
Change Order No. 1 for a decrease in the amount of $219,141.86.
Jeff Peterson from Miller &
Associates presented this matter to the Council. At the April 12, 2005 Council
meeting the Council approved a resolution authorizing the City Manager to
negotiate a contract for services, material and labor required to construct the
2005 Part II Improvements. Negotiations were authorized because the low
bid received for the work exceeded the Engineer’s Estimate and the City Budget
for the work.
City Staff and the Engineer have
completed the negotiations authorized by the Council and have deleted, by
Change Order No.1, the work associated with the water mains crossing under the
Union Pacific Railroad tracks at Avenue C and at 5th Avenue.
Deleting the water main
replacement projects under the Union Pacific Railroad tracks has reduced the
contract amount by $219,141.86. This brings the total contract amount
below the Engineer’s Estimate and within the City Budget.
Moved by Lear seconded by
Buschkoetter to approve the bids received for the 2005 Part II Improvements
consisting of Water Connection District No. 2005-1 for 56th Street from 17th
Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue
from 56th Street north a distance of 1,033 feet, and Water Connection District
No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main
replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C,
and three water valve replacements located at 21st Street between 4th Avenue
and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street
just west of Central Avenue and approve Resolution No. 2005-66 awarding the bid
to Midlands Contracting in the amount of $928,987.00 and approve Change Order
No. 1 for a decrease in the amount of $219,141.86. Roll call resulted as
follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried.
RESOLUTION
NO. 2005-66
WHEREAS, Miller & Associates and the City of Kearney have reviewed the
sealed bids which were opened on March 14, 2005, at 2:00 p.m. for the 2005
Part II Improvements consisting of Water Connection District No. 2005-1 for
56th Street from 17th Avenue to 30th Avenue, Water Connection District No.
2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and
Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to
56th Street, water main replacements under the Union Pacific Railroad tracks at
5th Avenue and Avenue C, and three water valve replacements located at 21st
Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st
Street, and on 21st Street just west of Central Avenue; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $889,482.13; and
WHEREAS, the
said engineers have recommended the bid offered by Midlands Contracting of
Kearney, Nebraska in the sum of $928,987.00 be accepted as the lowest
responsible bid; and
WHEREAS,
Administration recommends accepting the bid submitted by Midlands Contracting
of Kearney, Nebraska subject to the City approving Change Order No. 1 for a
decrease in the amount of $219,141.86, as provided in the contract as follows:
|
Original Contract Price
|
$928,987.00
|
|
Change Order No. 1 (4-26-2005)
|
- 219,141.86
|
|
New Contract Price
|
$709,845.14
|
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Midlands Contracting of Kearney, Nebraska be and is the lowest
responsible bidder for the 2005 Part II Improvements consisting of Water
Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue,
Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a
distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th
Avenue from 48th Street north to 56th Street, water main replacements under the
Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve
replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st
Avenue just south of 21st Street, and on 21st Street just west of Central
Avenue, to be constructed in accordance with the plans and specifications on
file with the City Clerk and that the bid of Midlands Contracting of Kearney,
Nebraska in the sum of $928,987.00 be and is hereby accepted.
BE IT FURTHER RESOLVED that Change Order No. 1 for a decrease in the amount of
$219,141.86 be and is hereby accepted and approved.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
2005 Part II Improvements in the amount of $889,482.13 be and is hereby
accepted.
BE IT FURTHER
RESOLVED that the President of the Council of the City of Kearney, Nebraska, be
and is hereby authorized and directed to execute contracts for such
improvements in accordance with the bid, plans, specifications, and general
stipulations pertaining thereto.
PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
OPEN ACCOUNT CLAIMS – NEBRASKA
PUBLIC POWER DISTRICT - $2,199.15; FREMONT NATIONAL BANK - $35,601.20; AND
$1,295.76 – PLATTE VALLEY STATE BANK
Moved by Hadley seconded by
Kearney that Open Account Claims in the amount of $2,199.15 payable to Nebraska
Public Power District; $35,601.20 to Fremont National Bank; and $1,295.76 to
Platte Valley State Bank be allowed. Roll call resulted as follows: Aye:
Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion
carried.
VII.
REPORTS
None.
VIII.
ADJOURN
Moved by Buschkoetter seconded by
Hadley that Council adjourn at 7:14 p.m. Roll call resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
GALEN D. HADLEY
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK