Kearney, Nebraska
June 28, 2005
7:00 p.m.
Prior to the regular Council
meeting, the Council met as the Board of Directors for the Kearney Municipal
Airport Corporation in open and public session at 7:00 p.m. on June 28, 2005 in
the Council Chambers at City Hall. This meeting adjourned at 7:05 p.m. A
meeting of the City Council of Kearney, Nebraska, was then convened in open and
public session at 7:06 p.m. in the Council Chambers at City Hall. Present
were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear.
Absent: None. Michael W. Morgan, City Manager; Michael Kelley, City
Attorney; Amber Brown, Management Assistant; Wendell Wessels, Director of
Finance and Administration; Kirk Stocker, Director of Utilities; and Rod
Wiederspan, Director of Public Works were also present. Some of the citizens
present in the audience included: Billy Dibbern, Karen Dibbern, Chris Miller,
Trenton Snow, Jerry Theis, Mike Konz from Kearney Hub, Mike Cahill from KKPR
Radio, and Steve Altmaier from KGFW Radio.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council
and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance
notice and in the notice to the Mayor and City Council. All proceedings
hereafter shown were taken while the meeting was open to the attendance of the
public.
I. ROUTINE BUSINESS
INVOCATION
The Mayor and Council members
held a moment of silent prayer.
PLEDGE OF ALLEGIANCE
Boy Scout Reed Davis of Troop
#158 led the Council members and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
PROPOSED ACQUISITION FOR MUNICIPAL
WATER WELL FIELD
Mayor Hadley opened the public
hearing on the proposed acquisitions for municipal water well field purposes for
two tracts of land described as follows: TRACT 1 – the West Half of Section 23,
Township 9 North, Range 17 West of the 6th P. M., containing 320 acres more or
less, Buffalo County, Nebraska; AND TRACT 2 – the East Half of Section 14 and
the Northeast Quarter of Section 23, all in Township 9 North, Range 17 West of
the 6th P. M., containing 480 acres more or less, Buffalo County, Nebraska and
to consider approval of Resolution No. 2005-97.
Kirk Stocker Director of
Utilities presented this matter to the Council. Section 18-1755 of the Nebraska
Revised Statute, requires that a City of the First Class acquiring an interest
in real property by purchase or eminent domain shall do so only after the
governing body has authorized the acquisition by action taken in a public
hearing. City Administration is requesting permission to purchase two
tracts of land, which our Engineer believes can be developed as a municipal
well field. The proposed well field was recommended in the 1997 Water
System Facility Plan approved by the Council on October 28, 1997.
Administration has negotiated an
Option Agreement to acquire the West Half of Section 23, Township 9 North,
Range 17 West of the 6th P.M., consisting of approximately 320 acres more or
less. Administration is also attempting to negotiate an Option Agreement
to acquire the East Half of Section 14 and the Northeast Quarter of Section 23
all in Township 9 North, Range 17 West of the 6th P.M., consisting of
approximately 480 acres more or less.
The authorization to negotiate
would be contingent on receiving a well construction permit from Central Platte
Natural Resource District. Their board will have a meeting and will look
at what is being proposed to construct before they will issue a permit to
construct the wells. Director of Utilities felt fairly confident that the
permit will be issued after talking to their technical staff. Initially,
they anticipate utilizing 56th Street to lay the transmission main from the
well field in to the City. There is another possible route that they will
look into, but it appears 56th Street is the most efficient route.
The design of the wells has not been done yet. They do have a general
idea of what the wells will produce, based on test holes and test wells that
they have installed. Driving the route and looking at the map, it appears
that 56th Street would facilitate the flow. The current Platte River well
field is a very good well field; however, the capacity of the well field is
reduced when the Platte River flows decline.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by
Bushkoetter to close the hearing and approve the proposed acquisitions for
municipal water well field purposes for two tracts of land described as
follows: TRACT 1 – the West Half of Section 23, Township 9 North, Range 17 West
of the 6th P. M., containing 320 acres more or less, Buffalo County, Nebraska;
AND TRACT 2 – the East Half of Section 14 and the Northeast Quarter of Section
23, all in Township 9 North, Range 17 West of the 6th P. M., containing 480
acres more or less, Buffalo County, Nebraska and approve Resolution No.
2005-97. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
RESOLUTION NO.
2005-97
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in
real property by purchase or eminent domain to do so only after the City
Council has authorized the acquisition by action taken in a public meeting
after notice and public hearing; and
WHEREAS, the required appraisals have been performed and are hereby accepted by
the City; and
WHEREAS, the City Council has held a public hearing upon the proposed
acquisition for a municipal well field and voted in favor to proceed with the
following acquisitions; and
TRACT 1
The West Half of Section 23, Township 9 North,
Range 17 West of the 6th P. M., containing 320 acres more or less, Buffalo County, Nebraska
AND
TRACT 2
The East Half of Section 14 and the Northeast
Quarter of Section 23, all in Township 9 North, Range 17 West of the 6th P. M.,
containing 480 acres more or less, Buffalo County, Nebraska
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that Administration be and is hereby authorized and directed
to proceed with the proposed acquisitions subject to and contingent upon the
successful approval of requisite well permits.
PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
IV. CONSENT AGENDA
Moved by Bushkoetter seconded by
Hadley that Subsections 1 through 15 of Consent Agenda Item IV be approved. Roll
call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear.
Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held June 14, 2005.
2.
Approve the following Claims: 370 Express $29.01 smcs; A.M. Player $63.63 smcs;
Aabaco Industries $161.69 smcs; Ace Hardware $177.35 smcs; Ace Irrigation
$110.00 smcs; Advance Auto $12.35 smcs; Advanced Fluid Power $367.84 smcs;
Aesseal $1,968.55 smcs; AFLAC $1,681.30 ps; Alltel $2,254.75 smcs; Almquist,R
$115.00 smcs; AMAX $560.00 smcs; Amazon $492.86 smcs,co; Amer Electric
$1,408.59 smcs,co; Amer Fence $160.00 smcs; ASCAP License $186.00 smcs; Ask
Supply $1,270.02 smcs; Auto Glass Center $89.99 smcs; Baker & Taylor
$1,191.75 smcs; BBC Audiobooks $57.00 smcs; Bellevue Settle Inn $537.60 smcs;
Ben Franklin $32.09 smcs; Bennett,T $1,137.00 smcs; Blessing $75.00 co;
BlueCross BlueShield $62,313.66 smcs; Bosselman $17,254.51 smcs; Bound To Stay
Books $697.58 smcs; Bowman,R $17.05 smcs; Buckle $185.31 smcs; Buffalo Co
Historical Society $10.00 smcs; Buggy Bath $7.50 smcs; Builders $1,763.83
smcs,co; BW Omaha Settle Inn $292.32 smcs; Cabela's $98.00 smcs; Campbell Pet
Co $206.83 smcs; Capital Media Group $747.95 smcs; Cash-Wa $211.78 smcs; CBA
Lighting $167.60 smcs; CDW Govt $145.00 co; Centaur Ent $22.34 smcs; Central
Fire $854.75 smcs; Central Hydraulic $402.13 smcs; Centurion Tech $58.00 smcs;
CHAD $16.00 ps; Chesterman $672.00 smcs; City of Ky $169,424.20 smcs,ps; City
of Salina $889.44 ps; College Savings Plan $50.00 ps; Connelly Industrial
$546.81 smcs; Conseco Life Ins $38.00 ps; Construction Rental $248.10 smcs;
Copycat $359.08 smcs; Create for Less $22.95 smcs; Creative Teacher $17.51
smcs; Crocker Monogramming $81.00 smcs; Crossroads Ford $193.88 smcs; Culligan
$360.10 smcs; Cummins $107.45 smcs; D&D Industries $694.00 smcs; Dannehl's
$112.65 smcs; Dawson Co PPD $18,170.18 smcs; Day,D $1,253.75 smcs; Dell
$2,754.82 smcs,co; Denver E-Newspaper $30.00 smcs; Deterding's $20,559.95
smcs,co; Diamond Vogel $343.38 smcs; DPC $4,223.68 smcs; Dreyer,D $102.52 smcs;
Dubs $49.98 smcs; Dugan $328.80 smcs; Dutton-Lainson $304.05 smcs; Eakes
$728.74 smcs,co; Earl May $346.13 smcs; EDMO Distributor $746.60 smcs;
Eickhoff,B $3.00 ps; Elliott Equipment $1,839.41 smcs; Embassy Suites $272.80 smcs;
Eustis Body Shop $45.00 smcs; Evangelical Lutheran $8,734.00 smcs; Fairbanks
Int'l $187.30 smcs; Farm Plan $1,230.31 smcs; Farmers Union $911.43 smcs;
Fastenal $752.42 smcs; Firecom $49.19 smcs; Flaghouse $74.85 co; Fliteline
Services $1,637.40 smcs; Footjoy $9,842.44 smcs; Foundation Center $471.50
smcs; Freburg,N $184.62 ps; Frontier $193.58 smcs; Galls $212.03 smcs; Garrett
Tires $1,172.37 smcs; Gary's I-80 $80.00 smcs; Gas N Shop $30.69 smcs; Gealy's
$108.00 smcs; Goodwill $15.00 smcs; Grainger $1,000.68 smcs,co; Grand Central
$9.52 smcs; Gray Automotive $118.71 smcs; Great American Outdoor $1,007.18
smcs; Greg Larson Sports $234.33 smcs; H&H Distributor $1,630.30 smcs; Hach
$147.40 smcs; Harding, Shultz & Downs $10,303.45 smcs; Harley Davidson $54.45
smcs; Harshbarger,K $27.90 smcs; Heartland Marketing $199.98 smcs; Highsmith
$31.41 smcs; Hobby-Lobby $17.24 smcs; Holiday $87.63 smcs; Holiday Inn Aurora
$101.53 smcs; Holmes Plumbing $529.91 smcs,co; Hydrologic $798.27 smcs; ICMA
$2,665.95 smcs,ps; Inland Truck Parts $164.62 smcs; IRS $93,079.15 ps; Int'l
Assoc of Electrical $180.00 smcs; IPMA-HR $299.00 smcs; J J Keller $172.50
smcs; Jack Lederman $138.21 smcs; Johnson Controls $532.00 smcs; Johnson
Hardware $355.00 smcs; Johnson Lawn $210.00 smcs; Junkman Recycling $23.00
smcs; K K Convenience Store $22.26 smcs; K&K Parts $149.83 smcs; Ky Area
United Way $614.36 ps; Ky Chamber of Comm $1,039.27 smcs; Ky Clinic $508.00
smcs,ps; Ky Concrete $372.63 smcs; Ky Implement $782.64 smcs; Ky Tire $73.57 smcs;
Ky Whse $1,612.38 smcs; Ky Yamaha $171.77 smcs; Kewanna Screen Printing $233.09
smcs; Kipp Brothers $46.75 smcs; Koetters,J $18.60 smcs; Kriha Fluid Power
$69.34 smcs; Kussmaul Electric $48.05 smcs; La Jolla Club Golf $6.02 smcs;
Laughlin,K $360.00 ps; Lawson Products $59.24 smcs; Lesco $26.11 smcs; Lexis
Nexis $91.15 smcs; Lincoln Tent $375.00 smcs; Linweld $213.58 smcs; Lockmobile
$756.97 smcs; Magic Cleaning $3,550.00 smcs; Mail Express $26.93 smcs; Marlatt
Machine $291.38 smcs; Marriott Hotel $80.21 smcs; Maryland Screen Printers
$593.20 smcs; May,J $46.50 smcs; McCarty,D $60.65 smcs; McCollister $930.51
smcs; McDermott & Miller $5,200.00 smcs; Mcmaster-Carr $810.48 smcs;
Menards $1,660.06 smcs; Meteorlogix $576.95 er; Metlife $3,899.44 ps; MGS Tech
$27.38 co; Michael Todd $396.94 smcs; Micromarketing $36.50 smcs; Mid America
Pay Phones $100.00 smcs; Midlands Contracting $596,952.28 co; Midwest Turf
$191.32 smcs; Miller Signs $339.00 smcs,co; Mncpl Emergency Svcs $38.37 smcs;
Mollring,M $13.50 smcs; Momar $745.94 smcs; Mr. Automotive $1,033.68 smcs; MSI
$1,917.00 smcs; Municipal Supply $150.77 smcs; Napa $1,182.50 smcs; Nat'l Paper
Supply $115.66 smcs; NWWA $13,856.17 smcs; Nat'l Recreation $350.00 smcs; NCS
Equipment $82.71 smcs; NDEQ $232,473.35 smcs,ds; NE Child Support $1,045.43 ps;
NE DOL $210.00 smcs; NE Health Lab $2,882.00 smcs; NE Dept of Revenue
$59,752.53 smcs,ps; NE GIS/LIS Assoc $175.00 smcs; NE Golf & Turf $760.00
smcs; NE Library Assoc $42.00 smcs; NE Machinery $1,615.18 smcs; NE Wine &
Spirits $103.57 smcs; NEland Distributors $1,528.15 smcs; Newman Traffic Signs
$430.00 smcs; Nichols Farrier $75.00 smcs; Nogg Chemical $1,322.23 smcs;
Northern Tool $283.51 smcs; Northwestern $1,943.97 smcs; NWEA $160.00 smcs;
Office Max $715.94 smcs,co; Officenet $1,142.61 smcs,co; O'Keefe Elevator
$393.06 smcs; OPS Systems $200.00 smcs; O'Reilly $824.84 smcs; Oriental Trading
$236.92 smcs; Orscheln $543.14 smcs; Our Designs $11.95 ps; Outdoor Recreation
$319.00 smcs; Payflex Systems $374.00 ps; PBD Ala-Graph $14.40 smcs; PBM-Sub
Fire Chief $60.00 smcs; Peerless Irrigation $4,629.15 smcs; Pepsi-Cola $946.80
smcs; Petroleum Equipment $514.49 smcs; Ping $112.47 smcs; Pioneer Mfg $475.00
smcs; PiranhaDisc $204.80 smcs; Platte Valley Comm $110.80 smcs; Presco Sales
$912.00 smcs; Presto-X $140.00 smcs; Pro-Quest $2,300.00 smcs; Quill $141.16
smcs; Radio Shack $178.17 smcs,co; Rainbow Group $1,526.00 smcs; Rainbow Racing
$88.00 smcs; Random House $256.80 smcs; Ready Mixed Concrete $13,449.37
smcs,co; Reams $4,056.72 smcs,co; Redman's $165.05 smcs; Resource Tech $228.40
smcs; Rhode Island Novelty $165.31 smcs; Riverside Animal $2,874.35 smcs; S A
Foster Lumber $35.61 smcs; SS Arts Craft $487.75 smcs; Sahling Kenworth
$1,267.89 smcs; Sandstedt,T $12.00 smcs; Schanou,J $46.50 smcs; Schmitt,J
$27.90 smcs; Schmitz,J $10.00 smcs; Schwan's $232.77 smcs; Seminars $207.00
smcs; Sesna,D $943.82 smcs; Sherwin Williams $290.98 smcs; Shirt Shack
$2,213.80 smcs; Sign Center $355.00 smcs; Smart Estore $204.30 smcs; Sport
Supply $94.96 smcs; Steinbrink's $204.78 smcs; Sterling Distributing $64.20
smcs; Strategic Insights $550.00 smcs; Stumps $67.93 smcs; Suleiman,K $43.00
smcs; Summit Heating $7,942.68 co; Super Shine $49.30 smcs; T&F Sand
$182.76 smcs; Tailor Bill's $242.82 smcs; Target $35.12 smcs; Texoma Golf
$151.00 smcs; Thompson,L $60.00 smcs; Thomson Gale $221.69 smcs; Thrifty Car
Rental $4,369.49 smcs; Tielke Enterprise $135.62 smcs; Titleist $4,904.52 smcs;
Tokay Software $1,400.00 smcs; Tracefone Wireless $53.24 smcs; Tractor Supply
$1,970.06 smcs,co; Tri-City Outdoor $247.93 smcs; Turner Body Shop $66.00 smcs;
UNISYS $149.70 smcs; United Distillers $203.17 smcs; United Seeds $2,262.50
smcs; UPS $27.20 smcs; US Toy $40.35 smcs; U-Save Foods $171.60 smcs; USPS
$59.75 smcs; Van Diest $52.19 smcs; Waldenbooks $120.00 smcs; Wal-Mart
$1,580.21 smcs,ps; Washington State Support $102.01 ps; West $812.60 smcs;
Wilke Donovan's $283.62 smcs; Wilson Doors $187.37 smcs; Winning Edge $10.92
smcs; WPCI $132.00 ps; Xerox $90.25 smcs; Zimmerman Printers $117.15 smcs; Payroll Ending
06-11-2005 -- $289,685.45. The foregoing schedule of claims is published
in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is
published at an expense of $_________ to the City of Kearney.
3.
Receive recommendations of Planning Commission and set July 12, 2005 at 7:00
p.m. as date and time for hearing on those applications where applicable.
4.
Authorize the City Manager to sign the applications for permits for the
construction of nine municipal wells, to submit the applications to the Central
Platte Natural Resources and District, and approve Resolution No. 2005-98.
RESOLUTION NO.
2005-98
WHEREAS, the City of Kearney is attempting to negotiate the purchase of two
tracts of land for a municipal water well field; and
WHEREAS, it is necessary to apply to the Central Platte Natural Resources
District for nine municipal water well permits.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that Administration be and is hereby authorized and directed
to apply to the Central Platte Natural Resources District for the necessary
well permits.
PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
5.
Approve the application for a Special Designated License submitted by Brian
Metz in connection with his Class CK62578 liquor license to dispense beer, wine
and distilled spirits in the Ag Pavilion located at the Buffalo County
Fairgrounds, 3807 Avenue N, on July 16, 2005 from 5:00 p.m. until 1:00 a.m. for
a wedding reception and dance subject to the City receiving the required
Certificate of Insurance.
6.
Approve the application for a Special Designated License submitted by DOUGLAS
HOOS, dba “Tub’s Pub” in connection with their Class CK282 liquor license to
dispense beer, wine and distilled spirits in the in the Great Platte River Road
Archway Monument, which includes a 20’x40’ tent, 3060 East 1st Street, on July
23, 2005 from 4:00 p.m. until 1:00 a.m. for a wedding reception and dance.
7.
Approve the Plans and Specifications for the 2005 Part III Improvements
consisting of Paving Improvement District No. 2005-893 for 9th Avenue from 10th
Street to 11th Street; Paving Improvement District No. 2005-896 for LaPlatte
Road from the east line of Plaza Boulevard, thence east/southeasterly to the
south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3,
Kearney Plaza Subdivision; Paving Improvement District No. 2005-897 for Cedar
Lane from the east right-of-way line of LaPlatte Road to its terminus in a
cul-de-sac; Paving Improvement District No. 2005-898 for Redwood Lane from the
west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Water
District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Sewer
District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer
District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard,
thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the
south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No.
2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its
terminus in a cul-de-sac; and Sewer District No. 2005-482 for Redwood Lane from
the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac and
set the bid opening date for July 19, 2005 at 2:00 p.m.
8.
Approve Change Order No. 2 showing an increase in the amount of $19,710.85,
Application and Certificate for Payment No. 5 in the amount of $226,919.70
submitted by Blessing, LLC and approved by Miller & Associates in
connection with the 2004 Part I Improvements – Phase III consisting of
Paving Improvement District No. 2004-885 for 30th Avenue from 31st Street north
to 39th Street and approve Resolution No. 2005-99.
RESOLUTION NO.
2005-99
WHEREAS,
Blessing, LLC has performed services in connection with the 2004 Part I
Improvements – Phase III consisting of Paving Improvement District No.
2004-885 for 30th Avenue from 31st Street north to 39th Street, and the City's
engineer, Miller & Associates, have filed with the City Clerk Change Order
No. 2 showing an increase in the amount of $19,710.85 as shown on Exhibit “A”
attached hereto and made a part hereof by reference; and
WHEREAS,
Blessing, LLC and the City's engineer, Miller & Associates, have filed with
the City Clerk Application and Certificate for Payment No. 5 in the amount of
$226,919.70 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$945,531.50
|
|
Change Order No. 1 (12-28-2004)
|
+
660.00
|
|
Change Order No. 2 (6-28-2005)
|
+ 19,710.85
|
|
|
|
|
Contract Sum To Date
|
965,902.35
|
|
Gross Amount Due
|
901,020.39
|
|
Retainage
|
27,030.61
|
|
Amount Due to Date
|
873,989.78
|
|
Less Previous Certificates for
Payment
|
647,070.08
|
|
Current Payment Due
|
$226,919.70
|
|
|
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 2 as
shown on Exhibit “A”, and Application and Certificate of Payment No. 5 as shown
on Exhibit “B” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
9.
Approve Change Order No. 3 showing an decrease in the amount of $47,491.99,
Application and Certificate for Payment No. 5-Final in the amount of $74,932.43
and the Certificate of Substantial Completion submitted by Paulsen, Inc. and
approved by Miller & Associates in connection with the 2004 Part I
Improvements – Phase IV consisting of Paving Improvement District No.
2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road and approve
Resolution No. 2005-100.
RESOLUTION
NO. 2005-100
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2004 Part I
Improvements – Phase IV consisting of Paving Improvement District No. 2004-885
for 30th Avenue from Highway 30 south to LaCrosse Road, and the City's
engineer, Miller & Associates, have filed with the City Clerk Change Order
No. 3 showing a decrease in the amount of $47,491.99 as shown on Exhibit “A”
attached hereto and made a part hereof by reference; and
WHEREAS,
Paulsen, Inc. and the City's engineer, Miller & Associates, have filed with
the City Clerk Application and Certificate for Payment No. 5-Final in the
amount of $74,932.43 as shown on Exhibit “B” attached hereto and made a part
hereof by reference and as follows:
|
Original Contract Sum
|
$776,763.00
|
|
Change Order No. 1 (9-28-2004)
|
-128,000.00
|
|
Change Order No. 2 (11-23-2004)
|
+
870.00
|
|
Change Order No. 3 (6-28-2005)
|
- 47,491.99
|
|
Contract Sum To Date
|
$602,141.01
|
|
Gross Amount Due
|
602.141.01
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
602,141.01
|
|
Less Previous Certificates for
Payment
|
527,208.58
|
|
Current Payment Due
|
$ 74,932.43
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of April 1, 2005, as shown by Exhibit “C” attached hereto
and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 3 as
shown on Exhibit “A”, Application and Certificate of Payment No. 5-Final as
shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on
Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
10.
Approve Application and Certificate for Payment No. 2 in the amount of
$15,778.80 submitted by Blessing, LLC. and approved by Miller & Associates
in connection with the 2004 Part IX Improvements – Bid B consisting of
Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet
south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement
District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3,
east to the east lot line of Lot 6, Block 1, all in Park View Estates Second
Addition to the City of Kearney, Buffalo County, Nebraska and approve
Resolution No. 2005-101.
RESOLUTION
NO. 2005-101
WHEREAS,
Blessing, LLC has performed services in connection with the 2004 Part IX
Improvements – Bid B consisting of Paving Improvement District No. 2004-890
for 12th Avenue from a point 604± feet south of 11th Street south to its
terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th
Street from the west lot line of Lot 6, Block 3, east to the east lot line of
Lot 6, Block 1, all in Park View Estates Second Addition to the City of
Kearney, Buffalo County, Nebraska, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 2 in the amount of $15,778.80 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$188,558.50
|
|
Contract Sum To Date
|
188,558.50
|
|
Gross Amount Due
|
71,453.88
|
|
Retainage
|
7,145.39
|
|
Amount Due to Date
|
64,308.49
|
|
Less Previous Certificates for
Payment
|
48,529.69
|
|
Current Payment Due
|
$ 15,778.80
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 2 as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
11.
Approve Application and Certificate for Payment No. 2 in the amount of
$183,059.48 submitted by Blessing, LLC. and approved by Miller & Associates
in connection with the 2004 Part VII Improvements – Bid B consisting of
Paving Improvement District No. 2004-884 for Avenue A from 11th Street to 10th
Street, Paving Improvement District No. 2004-886 for Avenue K from 14th Street
north to 15th Street, Paving Improvement District No. 2004-887 for 14th Street
from Avenue K east to Avenue M, Paving Improvement District No. 2004-888 for
15th Street from Avenue K east to Avenue M, Paving Improvement District No.
2004-889 for 15th Street from Avenue H east to Avenue I and approve Resolution
No. 2005-102.
RESOLUTION
NO. 2005-102
WHEREAS,
Blessing, LLC has performed services in connection with the 2004 Part VII
Improvements – Bid B consisting of Paving Improvement District No. 2004-884
for Avenue A from 11th Street to 10th Street, Paving Improvement District No.
2004-886 for Avenue K from 14th Street north to 15th Street, Paving Improvement
District No. 2004-887 for 14th Street from Avenue K east to Avenue M, Paving
Improvement District No. 2004-888 for 15th Street from Avenue K east to Avenue
M, Paving Improvement District No. 2004-889 for 15th Street from Avenue H east
to Avenue I, and the City's engineer, Miller & Associates, have filed with
the City Clerk Application and Certificate for Payment No. 2 in the amount of
$183,059.48 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$202,301.00
|
|
Change Order No. 1 (6-14-2005)
|
+ 52,883.00
|
|
Contract Sum To Date
|
$255,184.00
|
|
Gross Amount Due
|
217,691.10
|
|
Retainage
|
4,353.82
|
|
Amount Due to Date
|
213,337.28
|
|
Less Previous Certificates for
Payment
|
30,277.80
|
|
Current Payment Due
|
$183,059.48
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 2 as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
12.
Approve Change Order No. 1 showing an increase in the amount of $37,419.65,
Application and Certificate for Payment No. 1-Final in the amount of
$350,552.40 and the Certificate of Substantial Completion submitted by Paulsen,
Inc. and approved by Miller & Associates in connection with the 2004
Part IV Improvements consisting of Paving Improvement District No. 2003-872
for North Railroad Street from Central Avenue to Avenue B and approve
Resolution No. 2005-103.
RESOLUTION
NO. 2005-103
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2004 Part IV
Improvements consisting of Paving Improvement District No. 2003-872 for
North Railroad Street from Central Avenue to Avenue B, and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 1
showing an increase in the amount of $37,419.65 as shown on Exhibit “A”
attached hereto and made a part hereof by reference; and
WHEREAS,
Paulsen, Inc. and the City's engineer, Miller & Associates, have filed with
the City Clerk Application and Certificate for Payment No. 1-Final in the
amount of $350,552.40 as shown on Exhibit “B” attached hereto and made a part
hereof by reference and as follows:
|
Original Contract Sum
|
$313,132.75
|
|
Change Order No. 1 (6-28-2005)
|
+ 37,419.65
|
|
Contract Sum To Date
|
$350.552.40
|
|
Gross Amount Due
|
350,552.40
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
350,552.40
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$350,552.40
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of May 27, 2005, as shown by Exhibit “C” attached hereto
and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A”, Application and Certificate of Payment No. 1-Final as
shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on
Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
13.
Approve Application and Certificate for Payment No. 1 in the amount of
$195,323.40 submitted by Bryant & Bryant Construction and approved by
Miller & Associates in connection with the 2004 Part VIII
Improvements consisting of Intersection Improvement District No. 2000-1 for
Central Avenue and 21st Street, Intersection Improvement District No. 2000-2
for Central Avenue and 22nd Street, Intersection Improvement District No.
2000-3 for Central Avenue and 23rd Street, and Intersection Improvement
District No. 2000-4 for Central Avenue and 24th Street and approve Resolution
No. 2005-104.
RESOLUTION
NO. 2005-104
WHEREAS, Bryant
& Bryant Construction, Inc. has performed services in connection with the 2004
Part VIII Improvements consisting of Intersection Improvement District No.
2000-1 for Central Avenue and 21st Street, Intersection Improvement District
No. 2000-2 for Central Avenue and 22nd Street, Intersection Improvement
District No. 2000-3 for Central Avenue and 23rd Street, and Intersection
Improvement District No. 2000-4 for Central Avenue and 24th Street, and the
City's engineer, Miller & Associates, have filed with the City Clerk
Application and Certificate for Payment No. 1 in the amount of $195,323.40 as
shown on Exhibit “A” attached hereto and made a part hereof by reference and as
follows:
|
Original Contract Sum
|
$274,183.00
|
|
Contract Sum To Date
|
274,183.00
|
|
Gross Amount Due
|
217,026.00
|
|
Retainage
|
21,702.60
|
|
Amount Due to Date
|
195,323.40
|
|
Less Previous Certificates for Payment
|
.00
|
|
Current Payment Due
|
$195,323.40
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 1 as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
14.
Approve the request to extend Conditional Use Permit No. 1989-08 submitted by
Colleen Parker to locate a day care center on property located at 1920 West
24th Street for a period of one year.
15.
Approve the request submitted by Yanda’s Music & Pro Audio to block off
Central Avenue from 22nd Street to 24th Street on July 12, 2005 from 6:00 p.m.
until 6:00 a.m. July 13, 2005 for the reason to move from their old building
located at 2220 Central Avenue to their new building located at 2301 Central
Avenue.
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
OPEN ACCOUNT CLAIMS; NEBRASKA
PUBLIC POWER DISTRICT -- $51,007.57; FREMONT NATIONAL BANK -- $37,339.08
Moved by Hadley seconded by
Kearney that Open Account Claims in the amount of $51,007.57 payable to
Nebraska Public Power District, and $37,339.08 payable to Fremont National Bank
be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney.
Nay: None. Clouse and Lear abstained. Motion carried.
REPORTS
ALCOHOL CONCERNS
Council member Clouse voiced his
concern on the alcohol situation that arose from the Police sting a couple of
weeks ago. One involved a City facility and the other involved two
establishments that the Council just approved liquor licenses for in the last
couple of months. He believed, as a Council, they should respond to these kinds
of situations. He suggested that they identify a plan on how to approach
this subject and be proactive. These operations need to happen, but a
follow up plan is also needed.
Council member Kearney was in
agreement that since a City facility was involved, the City needs to lead the
way. He believed this incident was embarrassing and unacceptable.
The Liquor Commission controls the violations, but the City does have control
over the Meadowlark Hills Golf Course. Mayor Hadley said that there were three
or four approved in the last six months that have been involved. He has
discussed this with the City Manager and suggested that the Council sit down
with him to make a plan for some accountability. Council member Clouse
stated he found that the staff at the golf course has taken some immediate
steps to bring focus to this situation and to be better trained. This is
a key issue and we need to look at both sides and support the staff that we
hire and employ to make sure that they appropriately execute their duties. This
was not an acceptable situation, but believed they have taken some immediate
steps to correct this situation. He said he has been at the golf course a
couple of times in the last week and he saw that they have definitely taken
some positive steps.
VIII. ADJOURN
Moved by Kearney seconded by Clouse
that Council adjourn at 7:19 a.m. Roll call resulted as follows: Aye: Hadley,
Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK