Kearney, Nebraska
October 25, 2005
7:00 p.m.
A meeting of the City Council of Kearney, Nebraska, was
convened in open and public session at 7:00 p.m. on October 25, 2005, in the
Council Chambers at City Hall. Present were: Galen D. Hadley, President of the
Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don
Kearney, Stan Clouse, and Bruce Lear. Absent: None. Michael W. Morgan, City
Manager; Michael Tye, City Attorney; Amber Brown, Management Assistant; Wendell
Wessels, Director of Finance and Administration; Kirk Stocker, Director of
Utilities; and Rod Wiederspan, Director of Public Works were also present. Some
of the citizens present in the audience included: Elaine Wiseman, John DeLaet,
Eric Wessels, Sharon Rees, Zach Rees, Jerry Thompson, Barb Thompson, Dan
Thompson, John Sydow, Ken Tracy, Terry Eirich, Jeff Ash, Jerry Folck, Jay Hallgrimson,
John Mason, Brad Norton, Rick Pulliam, Alex Rahe, Loren Richards, Dan Thompson,
Matt Ullman, several other Volunteer Firefighters, Mike Konz from Kearney Hub,
Steve Altmaier from KGFW Radio.
Notice of the meeting was given in advance thereof by
publication in the Kearney Hub, the designated method for giving notice, a copy
of the proof of publication being attached to these minutes. Advance notice of
the meeting was also given to the City Council and a copy of their
acknowledgment or receipt of such notice is attached to these minutes.
Availability of the Agenda was communicated in the advance notice and in the
notice to the Mayor and City Council. All proceedings hereafter shown were
taken while the meeting was open to the attendance of the public.
I. ROUTINE
BUSINESS
INVOCATION
Father Torpey from St. James Catholic Church provided the
Invocation.
PLEDGE OF ALLEGIANCE
The Kearney Volunteer Fire Department presented the colors.
RECOGNITION
Mayor Hadley and Council Members recognized the following
Kearney Volunteer Fire Department Firefighter for completing the Firefighter 1
Course: Jeff Ash, Jerry Folck, Jay Hallgrimson, John Mason, Brad Norton, Sonny
O’Connor, Jared Pettit, Rick Pulliam, Alex Rahe, Loren Richards, Dan Thompson,
Matt Ullman, Jim Einspahr, Ryan Rosenstiel. These individuals have already
dedicated a minimum of 120 hours in this course alone. In addition to the Firefighter
1 Course, these individuals are continuously training with other firefighters
at monthly and specialty trainings.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
None.
IV. CONSENT AGENDA
Mayor Hadley stated that an addendum was added to the Agenda
on Monday. Item 15 pertaining to the support of the continuation of the airport
improvement program funding.
Moved by Kearney seconded by Clouse that Subsections 1
through 15 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
1. Approve Minutes of
Regular Meeting held October 11, 2005.
2. Approve the following
Claims: 2nd Wind Exercise $3,849.00 ps; AM Player $1,545.77 smcs; Ace Hardware
$89.65 smcs; Alamar $1,972.00 ps; All the Kings Flags $378.64 smcs; Allied
Electronics $93.41 smcs; Alltel $1,172.23 smcs; Almquist,R $20.00 smcs; Amazon
$447.30 smcs; Amer Electric $2,054.16 smcs,co; Amer Library Assoc $410.00 smcs;
Anderson Industrial $13,282.00 co; Anderson,S $284.64 smcs; Arrow Seed
$1,134.48 smcs; Auto Glass Center $22.18 smcs; B&B Auto Glass $219.00 smcs;
Baird, Holm, McEachen $75.00 smcs; Baker & Taylor $1,013.23 smcs; Bamford
$524.00 smcs; Barco Municipal $3,610.00 smcs; BBC Audiobooks $269.84 smcs; Big
Flag Farm $405.50 smcs; Bill's Trailer $20.00 smcs; Blessing $39,864.50 smcs,co;
Bluecross Blueshield $54,090.23 smcs; Bob's Super Store $686.55 smcs; Books in
Motion $6.00 smcs; Bosselman $20,129.50 smcs; Broadfoot's $10.00 smcs; Brown
Traffic $172.80 smcs; BSB Construction $112,343.65 co; Buffalo Co Reg of Deeds
$4.00 smcs; Buffalo Co Sheriff $10.00 co; Buffalo Co Treasurer $85.00 co; Buggy
Bath $6.50 smcs; Builders $1,580.30 smcs,co; Buttress,S $2,207.70 smcs;
Buyuptime.com $621.54 smcs; Cabela's $71.89 smcs; Cardinal Health $49.84 smcs;
Casey's General Store $100.26 smcs; Cash-Wa $13.70 smcs; Centaur $302.78 smcs;
Central Fire & Safety $68.50 smcs; Central Hydraulic $857.25 smcs; Central
States $160.67 smcs; Central States Wire $1,444.44 smcs; Centurion Technologies
$57.40 smcs; Chief Industries $1,120.00 smcs; Child's World $915.20 smcs; Chramosta,N
$8.27 smcs; Christian Heritage Home $18.24 smcs; City of Ky $342,428.09 smcs,ps;
City of Lexington $1,237.75 smcs; Clifford of Vermont $425.24 smcs; Cobb,C
$2.99 smcs; College Savings Plan of NE $50.00 ps; Comfy Bowl $40.00 smcs;
Computer Pros $565.49 smcs; Computer Warehouse $75.93 smcs; Construction Rental
$1,015.68 smcs,co; Cook Iron Store $15.80 smcs; Copycat Printing $323.27 smcs;
Countryside RV $16.93 smcs; Crocker Monogramming $91.50 smcs; Crossroads Ford
$260.91 smcs; Cryotech Deicing $4,903.85 smcs; Culligan $55.00 smcs; Cummins
$1,296.52 smcs; D&M Security $45.00 smcs; Dannehl's Feed $128.95 smcs; Data
Technologies $2,495.24 smcs; Dell $7,927.86 smcs,co; Demco $70.80 smcs;
Depository Trust $369,878.75 ds; Deterding's $86.53 smcs; Development Council
$77,500.00 smcs; Doubletree Hotel $2,107.36 smcs; DPC Industries $8,072.00 smcs;
Draeger Safety Systems $854.65 smcs; Dugan Business Forms $1,673.17 smcs; Duryea,B
$14.49 smcs; Dutton-Lainson $118.30 smcs; Dynix $16,727.64 smcs; Eakes $505.42 smcs;
Earl May $11.96 smcs; Eirich,T $50.00 smcs; Elliott $181.62 smcs; Engels Glass
Design $35.00 smcs; Fairbanks Int'l $5,646.88 smcs; Family Fun Magazine $16.95 smcs;
Farmers Union $1,511.00 smcs; Fastenal $674.30 smcs; FedEx $18.36 smcs; Floyd
Bell $122.86 smcs; Fontel $234.83 co; Foster,D $53.49 smcs; Fred Pryor/Career
Track $198.00 smcs; Frontier $7,825.42 smcs; Galeton Gloves $940.89 smcs; Galls
$116.97 smcs; Gangwish Turf $9.97 co; Garrett Tires $2,396.20 smcs; Gary's I-80
$90.00 smcs; Gaylord Brothers $506.88 co; Giddings,J $15.00 smcs; Golf Course
Superintendent $150.00 smcs; Gordon's Small Engine $12.24 smcs; Gotta Go Gotta
Throw $94.02 smcs; Graham Tire $142.93 smcs; Grainger $2,731.82 smcs; Grand
Central IGA $37.56 smcs; Grand Island Area COC $35.00 smcs; Great Plains One
Call $417.81 smcs; Greg Larson Sports $337.45 smcs; H&H Distributing
$154.00 smcs; Hach $65.19 smcs; Hansen,V $19.11 smcs; Hayden,S $211.50 smcs; Heggemeyer,L
$12.25 smcs; Highsmith $65.57 smcs; Hobby-Lobby $19.16 smcs; Holmes Plumbing
$640.74 smcs.co; Hooker Brothers $196.80 smcs; Hydronic Energy $25.93 smcs; IBM
Print $211.51 smcs; ICMA RC $2,460.78 ps; IRS $90,141.21 ps; ISDN $188.25 smcs;
Jack Lederman $16.40 smcs; Jacobsen, Orr, Nelson $875.00 smcs; JJE $89.00 smcs;
Johnson,S $50.00 smcs; JRS Western $150.00 smcs; K&K Parts $14.26 smcs; Ky
COC $6.00 smcs; Ky Clinic $310.00 smcs,ps; Ky Comm Foundation $1,399.00 smcs; Ky
Concrete $952.51 smcs; Ky Hockey $3,000.00 smcs; Ky Hub $3,998.48 smcs,co; Ky
Implement $326.88 smcs; Ky Liquor $2.60 smcs; Ky Warehouse $383.51 smcs; Ky Winlectric
$756.79 smcs,co; Ky Winnelson $869.95 smcs; Ky Yamaha $116.83 smcs; Killion
Motors $112.45 smcs; Kistler Equipment $513.44 smcs; Kwik Trip $56.10 smcs;
Kyocera $60.67 smcs; Lampes Air Filter $524.26 smcs; Laser Art Design $156.00 smcs;
Laughlin,K $360.00 ps; Lawn Builders $23.38 smcs; Lawson Products $166.79 smcs;
LARM $821,132.00 smcs,ps; Leag of NE Municipalities $100.00 smcs; Lift
Solutions $75.15 smcs; Lincoln Truck Center $359.84 smcs; Linweld $283.95 smcs;
Lockmobile $194.11 smcs; Magic Cleaning $2,950.00 smcs; Mail Express $95.31 smcs;
Marlatt Machine Shop $228.00 smcs; Marshall,C $6.30 smcs; Marvicka,C $28.76 smcs;
Meadowbrook Insurance $1,250.42 smcs; Menards $866.35 smcs,co; MES Mid-America
$627.58 smcs; Micro Marketing $25.46 smcs; Mid America Sales $390.15 smcs; Mid
American Pay Phones $100.00 smcs; Mid-Kan Blueline $434.85 smcs; Mid-State
Units $120.00 smcs; Midway Aviation $81.35 smcs; Midwest Service $315.00 smcs;
Midwest Turf $55.45 smcs; Miller & Associates $243.00 smcs; Miracle
Recreation $959.80 co; Misko Sports $111.80 smcs; Mitchell 1 $1,344.23 smcs; Morgan,M
$40.74 smcs; Mr Automotive $1,700.21 smcs; MSC Ky $9.57 smcs; Municipal Supply
$378.55 smcs; Naden Industries $136.00 smcs; Napa $1,071.37 smcs; Nat'l Paper
Supply $70.83 smcs; Nat'l Waterworks $8,057.51 smcs; NCS Equipment $46.21 smcs;
NE AWWA $225.00 smcs; NE Child Support $1,206.97 ps; NE Dept of Aeronautics
$2,095.00 er,ds; NE Dept of Environmental $15,865.60 smcs; NE Machinery $204.69
smcs; NE St Board Landscape $100.00 smcs; NE Truck Center $240.02 smcs; NE UC
Fund $1,680.00 ps; NEland Distributors $281.75 smcs; Nogg Chemical $620.78 smcs;
Norm's Plumbing $2,846.86 smcs,co; Northwest Electric $551.86 smcs;
Northwestern Energy $4,498.38 smcs; Novus $35.00 smcs; Numeridex $654.25 smcs;
Office Depot $269.16 smcs; Officemax $283.01 smcs; Officenet $1,164.15 smcs;
O'Keefe Elevator $613.55 smcs; O'Reilly $428.30 smcs; Orscheln $723.06 smcs;
Overhead Door $30.49 smcs; Pappas Telecasting $75.00 smcs; Paramount $43.90 smcs;
Paul A. Otto Curb Grinding $144.00 co; PBD Ala-Graph $196.85 smcs; Pen Fire
Engineering $59.85 smcs; Pepsi-Cola $123.30 smcs; Perry,M $5.70 smcs; Peterson,J
$20.33 smcs; Picture Window Books $118.65 smcs; Pioneer Manufacturing $743.25 smcs;
Platte Valley Comm $2,901.91 smcs; Poly Pavement $221.66 smcs; Powderhorn
$234.72 smcs; Presto-X $50.00 smcs; Procon Products $76.27 smcs; Promiss
Testing $300.00 smcs; Public Risk Management $310.00 smcs; Pump & Pantry
$20.00 smcs; QT 513 $51.50 smcs; Quinland Publishing $154.35 smcs; Rainbow
Racing Systems $61.00 smcs; Random House $307.20 smcs; Ready Mixed Concrete
$7,687.95 smcs,co; Reams Sprinkler Supply $253.68 smcs; Recognition Unlimited
$445.05 smcs; Recorded Books $158.55 smcs; Regional Books $83.79 smcs; REI Fire
Rescue $139.88 smcs; Respond First Aid $139.35 smcs; Ring,V $20.00 smcs;
Riverside Animal Hospital $3,297.00 smcs; Ross, Shroeder & George $351.00 smcs;
Rossell,C $1,000.00 smcs; Sampson Construction $5,674.00 smcs; Scan-Optics
$1,650.00 smcs; Schmidt,A $17.29 smcs; Schrauyer,M $50.00 smcs; Sears $19.99 smcs;
Sheldon,S $48.14 smcs; Shell Oil $37.90 smcs; Sheraton Hotels $85.88 smcs;
Shirt Shack $443.50 smcs; Sieloff,V $10.96 smcs; Siemens $186.19 smcs; Snap-On
Tools $59.95 smcs; Sofia's $14.31 smcs; Solid Rock $150.00 smcs; Solid Waste
Agency $61,685.89 smcs; Sorkness,C $200.00 smcs; Steele,K $16.19 smcs; Steinbrinks
Landscaping $89.97 smcs; Sunmart $130.49 smcs; Super Seer $23.60 smcs; Super
Shine Auto Wash $166.00 smcs; Sydow,J $40.00 smcs; SYX Tigerdirect $93.18 smcs;
T&F Sand $888.92 smcs; Team Effort $1,080.47 smcs; Technology Education
$1,100.00 smcs; Tee's Plus $2,104.74 smcs; Teledyne ISCO $905.50 smcs; Thompson,L
$60.00 smcs; Tielke Enterprise $124.91 smcs; Tractor-Supply $1,006.37 smcs;
Tri-City Outdoor $994.02 smcs,co; Turner Body Shop $265.00 smcs; Tye & Rademacher
$4,183.20 smcs; U Stop 12 $42.01 smcs; Union Oil $3,522.55 smcs; UPS Store
$26.01 smcs; US Bank $46,306.25 ds; USPS $63.15 smcs; Utility Equipment $504.12
smcs; Van Diest Supply $3,986.66 smcs; Village Uniform $222.98 smcs; Walgreens
$23.69 smcs; Wal-Mart $1,009.75 smcs,co; Washington State Support $102.00 ps; Watts,L
$12.74 smcs; Wicks Sterling Trucks $34.77 smcs; Wiedel,G $3.42 smcs; Wilke Donovans
$73.35 smcs,co; Winning Edge Designs $21.85 smcs; Xerox $424.03 smcs; Zimmerman
Printers $111.83 smcs; Payroll Ending 10-15-2005 -- $261,623.00. The foregoing
schedule of claims is published in accordance with Section 19-1102 of the
Revised Statutes of Nebraska, and is published at an expense of $_________ to
the City of Kearney.
3. Receive recommendations
of Planning Commission and set November 8, 2005 at 7:00 p.m. as date and time
for hearing on those applications where applicable.
4. Approve the application
for a Special Designated License submitted by KEARNEY BBQ CO., dba “Skeeter
Barnes” in connection with their Class “I55865” Liquor License to dispense
beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo
County Fairgrounds, 3807 Avenue N, on November 12, 2005 from 4:00 p.m. until
1:00 a.m. for a wedding reception.
5. Approve Application and
Certificate for Payment No. 2 in the amount of $15,590.47 submitted by Paulsen,
Inc. and approved by Miller & Associates for the 2005 Part IV Improvements
– Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street
from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902
for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block
1, Sorensen Park Fourth Addition and approve Resolution No. 2005-178.
RESOLUTION
NO. 2005-178
WHEREAS, Paulsen, Inc. has performed
services in connection with the 2005 Part IV Improvements – Bid B consisting of
Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west
to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from
52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park
Fourth Addition, and the City's engineer, Miller & Associates, have filed
with the City Clerk Application and Certificate for Payment No. 2 in the amount
of $15,590.47 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$292,727.25
|
|
|
|
|
Contract Sum To Date
|
292,727.25
|
|
Gross Amount Due
|
157,599.25
|
|
Retainage
|
15,759.93
|
|
Amount Due to Date
|
141,839.32
|
|
Less Previous Certificates for Payment
|
126,248.85
|
|
Current Payment Due
|
$ 15,590.47
|
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Application and Certificate for Payment No. 2, as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF OCTOBER,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
6. Approve Change Order No.
1 showing an increase in the amount of $9,920.00, Application and Certificate
for Payment No. 3-Final in the amount of $32,257.00, and Certificate of
Substantial Completion submitted by Midlands Contracting, Inc. and approved by
Miller & Associates for the 2005 Part III Improvements – Bid A consisting
of Water District No. 2004-529* for LaPlatte Road from Plaza Boulevard
east/southeasterly to the south line of Lot 10 of Block 2 and the south line of
Lot 27 of Block 3, Kearney Plaza Subdivision; Water District No. 2005-536 for 9th
Avenue from 10th Street to 11th Street; Sewer District No. 2005-479 for 9th
Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte
Road from the east line of Plaza Boulevard, thence east/southeasterly to the
south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3,
Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the
east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; and
Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of
LaPlatte Road to its terminus in a cul-de-sac and approve Resolution No.
2005-179.
RESOLUTION
NO. 2005-179
WHEREAS, Midlands Contracting, Inc.
has performed services in connection with the 2005 Part III Improvements – Bid
A consisting of Water District No. 2004-529* for LaPlatte Road from Plaza
Boulevard east/southeasterly to the south line of Lot 10 of Block 2 and the
south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Water District No.
2005-536 for 9th Avenue from 10th Street to 11th Street; Sewer District No.
2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No.
2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence
east/southeasterly to the south lot line of Lot 10 of Block 2, and the south
line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No.
2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its
terminus in a cul-de-sac; and Sewer District No. 2005-482 for Redwood Lane from
the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac,
and the City's engineer, Miller & Associates, have filed with the City
Clerk Change Order No. 1 showing an increase in the amount of $9,920.00 as
shown on Exhibit “A” attached hereto and made a part hereof by reference; and
WHEREAS, the Engineer and
Contractor, have filed with the City Clerk Application and Certificate for
Payment No. 3-Final in the amount of $32,257.00 as shown on Exhibit “B”
attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$225,161.00
|
|
Change Order No. 1 (10-25-2005)
|
+ 9,920.00
|
|
Contract Sum To Date
|
235,081.00
|
|
Gross Amount Due
|
235,081.00
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
235,081.00
|
|
Less Previous Certificates for Payment
|
202,824.00
|
|
Current Payment Due
|
$ 32,257.00
|
WHEREAS, the Engineer and Contractor have now
certified to the City Clerk that work is completed as of October 14, 2005, as shown
by Exhibit “C” attached hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Change Order No. 1 as shown on Exhibit “A”, Application and Certificate of
Payment No. 3-Final as shown on Exhibit “B”, and the Certificate of Substantial
Completion as shown on Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF OCTOBER,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
7. Approve Change Order No.
1 showing a decrease in the amount of $12,562.46, Application and Certificate
for Payment No. 2-Final in the amount of $216,602.65, and Certificate of
Substantial Completion submitted by Blessing LLC and approved by Miller &
Associates for the 2005 Part III Improvements – Bid B consisting of Paving
Improvement District No. 2005-893 for 9th Avenue from 10th Street to 11th
Street; Paving Improvement District No. 2005-896 for LaPlatte Road from the
east line of Plaza Boulevard, thence east/southeasterly to the south lot line
of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza
Subdivision; Paving Improvement District No. 2005-897 for Cedar Lane from the
east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Paving
Improvement District No. 2005-898 for Redwood Lane from the west right-of-way
line of LaPlatte Road to its terminus in a cul-de-sac and approve Resolution
No. 2005-180.
RESOLUTION
NO. 2005-180
WHEREAS, Blessing LLC has performed
services in connection with the 2005 Part III Improvements – Bid B consisting
of Paving Improvement District No. 2005-893 for 9th Avenue from 10th Street to
11th Street; Paving Improvement District No. 2005-896 for LaPlatte Road from
the east line of Plaza Boulevard, thence east/southeasterly to the south lot
line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney
Plaza Subdivision; Paving Improvement District No. 2005-897 for Cedar Lane from
the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac;
Paving Improvement District No. 2005-898 for Redwood Lane from the west
right-of-way line of LaPlatte Road to its terminus in a cul-de-sac, and the
City's engineer, Miller & Associates, have filed with the City Clerk Change
Order No. 1 showing a decrease in the amount of $12,562.46 as shown on Exhibit
“A” attached hereto and made a part hereof by reference; and
WHEREAS, the Engineer and
Contractor, have filed with the City Clerk Application and Certificate for
Payment No. 2-Final in the amount of $216,602.65 as shown on Exhibit “B”
attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$331,965.00
|
|
Change Order No. 1 (10-25-2005)
|
- 12,562.46
|
|
Contract Sum To Date
|
319,402.54
|
|
Gross Amount Due
|
319,402.54
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
319,402.54
|
|
Less Previous Certificates for Payment
|
102,799.89
|
|
Current Payment Due
|
$216,602.65
|
WHEREAS, the Engineer and Contractor have now
certified to the City Clerk that work is completed as of October 7, 2005, as
shown by Exhibit “C” attached hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Change Order No. 1 as shown on Exhibit “A”, Application and Certificate of
Payment No. 2-Final as shown on Exhibit “B”, and the Certificate of Substantial
Completion as shown on Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF OCTOBER,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
8. Approve Application and
Certificate for Payment No. 2 in the amount of $151,671.46 submitted by
Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI
Improvements consisting of Paving Improvement District No. 2005-899 for 11th
Street from 1st Avenue to 7th Avenue and approve Resolution No. 2005-181.
RESOLUTION
NO. 2005-181
WHEREAS, Paulsen, Inc. has performed
services in connection with the 2004 Part VI Improvements consisting of Paving
Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th
Avenue, and the City's engineer, Miller & Associates, have filed with the
City Clerk Application and Certificate for Payment No. 2 in the amount of
$151,671.46 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$1,036,342.20
|
|
Change Order No. 1 (9-27-2005)
|
+ 9,820.00
|
|
Contract Sum To Date
|
1,046,162.20
|
|
Gross Amount Due
|
335,047.84
|
|
Retainage
|
33,504.78
|
|
Amount Due to Date
|
301,543.06
|
|
Less Previous Certificates for Payment
|
149,871.60
|
|
Current Payment Due
|
$ 151,671.46
|
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Application and Certificate for Payment No. 2, as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF OCTOBER,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
9. Approve Change Order No.
2 showing an increase in the amount of $2,148.00 and Change Order No. 3 showing
an increase in the amount of $1,276.00 submitted by Kayton Electric, Inc. and
approved by Miller & Associates for the 2005 Part VI Improvements
consisting of the installation of a traffic signal at the intersection of 27th
Street and Avenue N and approve Resolution No. 2005-182.
RESOLUTION
NO. 2005-182
WHEREAS, Kayton Electric, Inc. has
performed services in connection with the 2005 Part VII Improvements consisting
of the installation of a traffic signal at the intersection of 27th Street and
Avenue N, and the City's engineer, Miller & Associates, have filed with the
City Clerk Change Order No. 2 showing an increase in the amount of $2,148.00
and Change Order No. 3 showing an increase in the amount of $1,276.00 as shown
on Exhibits “A” and “B”, respectively, attached hereto and made a part hereof
by reference:
|
Original Contract Sum
|
$85,277.00
|
|
Change Order No. 1 (9-27-2005)
|
+ 1,656.00
|
|
Change Order No. 2 (10-25-2005)
|
+ 2,148.00
|
|
Change Order No. 3 (10-25-2005)
|
+ 1,276.00
|
|
Contract Sum To Date
|
$90,357.00
|
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Change Order Nos. 2 and as shown on Exhibits “A” and “B”, be and are
hereby accepted and approved.
PASSED AND APPROVED THIS 25TH DAY OF OCTOBER,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
10. Approve Change Order No.
2 showing an increase in the amount of $19,420.92 and the Certificate of
Substantial Completion submitted by BSB Construction, Inc. and approved by
Miller & Associates for the construction of Cell 6 of Phase II at the
Kearney Area Solid Waste Agency Landfill and approve Resolution No. 2005-183.
RESOLUTION
NO. 2005-183
WHEREAS, BSB Construction of Curtis,
Nebraska has performed services in connection with the and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 2
showing an increase in the amount of $19,420.92 as shown on Exhibit “A”
attached hereto and made a part hereof by reference as follows:
|
Original Contract Sum
|
$453,437.25
|
|
Change Order No. 1 (9-13-2005)
|
+ 3,948.04
|
|
Change Order No. 2 (10-25-2005)
|
+ 19,420.92
|
|
Contract Sum To Date
|
$476,806.21
|
WHEREAS, the Engineer and Contractor have now
certified to the City Clerk that work is completed as of September 14, 2005, as
shown by Exhibit “B” attached hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Change Order No. 2 as shown on Exhibit “A” and the Certificate of
Substantial Completion as shown on Exhibit “B” be and are hereby accepted and
approved.
PASSED AND APPROVED THIS 25TH DAY OF OCTOBER,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
11. Approve the Developer
Constructed Infrastructure Agreement between the City of Kearney and Kearney
Plaza Homes LP for the construction of public improvements for Lots 8, 9 and 10
of Block 2 and Lots 12, 13 14, 15 and 16 of Block 3, all in Kearney Plaza Third
Addition and approve Resolution No. 2005-184.
RESOLUTION
NO. 2005-184
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF
THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer
Constructed Infrastructure Agreement” for Lots 8, 9 and 10 of Block 2 and Lots
12, 13 14, 15 and 16 of Block 3, all in Kearney Plaza Third Addition to the City
of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. A
copy of said Agreement marked Exhibit 1 is attached hereto, negotiated by and
between the City of Kearney and Kearney Plaza Homes LP to construct public
improvements in accordance with the Kearney City Code.
BE IT FURTHER RESOLVED that the President of the
Council be and is hereby authorized and directed to execute the same agreement
on behalf of the City of Kearney.
PASSED AND APPROVED THIS 25TH DAY OF OCTOBER,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
12. Reject the single bid
received for the Kearney Cemetery 144 Crypt Garden Mausoleum and authorize
Administration to rebid the project in the near future.
13. Approve the request
submitted by the Downtown Improvement Board for the following: (1) place
Santa’s house in front of Nelson’s Furniture at 2109 Central Avenue from
November 21, 2005 until December 29, 2005; (2) to place the Christmas tree at
the intersection of 22nd Street and Central Avenue from November 21, 2005
through December 31, 2005; (3) to hang garland and lights on 39th light poles;
(4) to block off three parking stalls in front of the Old Saltbox at 2201
Central Avenue for Santa’s reindeer and sleigh on December 1, 2005 from 5:00
p.m. until 8:00 p.m.; (5) to block off three parking stalls in front of Time
for Baby at 2123 Central Avenue to sell popcorn on December 1, 2005 from 5:00
p.m. until 8:00 p.m.; and (6) use of the sidewalks for street performers or
Christmas carolers on December 1, 2005 from 5:00 p.m. until 8:00 p.m.
14. Approve the application
submitted by Don Butler on behalf of Veterans of Foreign Wars Post 759 to
conduct the Veterans Day Parade on November 11, 2005 beginning at 4:00 p.m.
with the parade starting at Railroad Street, north on Central Avenue and ending
at the parking lot located north of the Museum of Nebraska Art. They will also
be selling Buddy Poppies the week of November 6 – 12, 2005 throughout the City
of Kearney.
15. Approve supporting the
Transportation Reauthorization Bill for Airport Improvement Project Funding for
the Kearney Municipal Airport and approve Resolution No. 2005-185.
RESOLUTION NO. 2005-185
WHEREAS, the City of Kearney, Nebraska has been
working diligently to improve the air service available and continues to
develop and improve the Kearney Municipal Airport in areas of safety, capacity,
and noise compatibility to central Nebraskans; and
WHEREAS, the Airport Improvement Program
provides valuable funding each year for airport planning, development, noise
reduction, capacity, and other projects at the Kearney Municipal Airport; and
WERHEAS, on October 25, 2005, the Kearney City
Council approved a resolution supporting the continuation of the Airport
Improvement Program funding in order for the Kearney Municipal Airport to
provide air service to central Nebraska.
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, to pledge their full support,
endorsement, and cooperation with the Department of Transportation on the
continuation of Airport Improvement Program funding in order to continue
developing and improving the Kearney Municipal Airport to provide air service
to central Nebraska.
PASSED AND APPROVED THIS 25TH DAY OF OCTOBER,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7222 – AMEND SECTION
8-617 OF CITY CODE
Section 8-617 of the City
Code basically mirrors the terms and provisions of the state statute
prohibiting operating a vehicle under the influence of alcoholic liquor
(DUI). Recently, the Nebraska Legislature amended the state sections to
provide for different penalty provisions. The City maintains a penalty
section which provides punishment of the offense as a misdemeanor in accordance
with Section 8-817. The primary benefit of charging individuals under the
City Code is that the defendants are not entitled to jury trials, in accordance
with State and U.S. Supreme Court decisions. Handling of the cases is
therefore expedited by the County.
The penalty section under
the provisions Section 8-617 of the City Code was affected by the recent amendments
of the state statute by the Legislature. The proposed amendment ordinance
will simplify the penalty section under the City Code provisions, while still
remaining within the terms and provisions of the new state statutes.
New amendments and basic provisions
of the state DUI statutes have been incorporated into the ordinance, while
retaining the misdemeanor penalty provision and specific punishments allowed
under the state statutes. Therefore, persons prosecuted for driving under
the influence of alcoholic liquor are subject to the same basic terms,
provisions and punishments of the state statute, but are not accorded a jury
trial if charged under the City ordinance. The effect of the amendments
is to preserve the terms, conditions and provisions of the DUI laws and to save
time and money for the City and the County. The County Attorney has
presented the proposed amendments to the City Attorney and he agrees that they
are in accordance with Nebraska Statutes and municipal authority.
The affect of the proposed
amendments is to expedite prosecution of persons charged with the offense of
driving under the influence of alcoholic beverages while saving costs and
expenses of jury trials.
The County Attorney has requested that the City amend the
current City Code to conform it to recent amendments to the state statutes by
the Legislature in order to allow the orderly prosecution of DUI
offenses. The proposed amendments are legally appropriate and are in the
best interests of the citizens of the City of Kearney and Buffalo County.
Council Member Clouse introduced Ordinance No. 7222, being
Subsection 1 of Agenda Item V to amend Section 8-617 “Chemical Tests; Refusal;
Penalties” of Article 6 “Operation of Vehicles” of Chapter 8 “Police” to
correctly reflect the changes to coincide with the Nebraska Revised Statutes,
and moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member Lear
seconded the motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Hadley,
Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion to suspend the rules
having been concurred in by three-fourths of the City Council, said motion was
declared passed and adopted. City Clerk read Ordinance No. 7222 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Lear seconded by Buschkoetter that Ordinance No.
7222 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7222 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
VI. REGULAR AGENDA
KEARNEY HOUSING AGENCY ANNUAL
REPORT
Mayor Hadley opened for discussion the Kearney Housing
Agency Annual Report being submitted by Elaine Wiseman, Executive Director
Executive Director Elaine Wiseman presented this matter to
the Council. The highlight of the year that is on everybody’s mind is reduced
funding. In 2005, they are at 89 percent of the funding that they received in
2000. Their capital funds are the dollars that they use to maintain the
property and do modernization. Of the operating subsidy, they are at 87 percent
of what they received in 2000. The operating subsidy is supposed to make up
the difference in rent revenues. The rent is income-based at 30 percent and
they are not allowed to raise the rents as their expenses go up.
The HCV (Housing Choice Voucher) Program or Section 8 as it
is known has also had an interesting year. The rules for the program have been
changed and their funding was cut. Instead of serving approximately 103
families, they are closer to 90-92 families depending on how much subsidy each
family needs. They also received an approximate 15 percent reduction in the administration
fees that they get for the program to pay for expenses. The Ross Grant that
they received for elderly support services is no longer available.
However, there are also some positive things that have happened.
One of the most positive is their congregate meal program for their seniors.
After the funding was not renewed for that program, they went out to the
community and sought partners and asked for donations to keep their meal
program going for the seniors. They received $22,795 from churches, medical
people and individuals in the community. The Board of Commissioners and staff believe
this is a vital program for our seniors. This program provides nutrition,
socialization and exercise.
They have also sponsored a lot of activities this past year,
one is the Medicare Prescription Program, which has had big changes. It is very
vital to those participants who are on Medicaid and Medicare to make sure they
are signed up. Seniors are given 18-20 different choices and have to start signing
up by November 15th.
The Board of Commissioners is looking at expanding KHA’s
portfolio. Just as the City of Kearney grows, so does the Housing Agency need
to grow along with it. The Board is looking at ways to expand the portfolio
and to provide some viable affordable housing opportunities for the community
area. They are also seeking some other financial resources, which is an
ongoing game. They started to manage Shelton Housing Authority this summer and
in the near future, they will become the owner of USDA Development.
Council member Clouse complimented the Housing Agency for
the job that they do. He believes that the Housing Agency runs a tight ship
and does an extremely good job in managing their facilities. He commended Ms.
Wiseman for an excellent report.
Mayor Hadley asked if any of the people, who live in their
area make use of the Senior Center? Ms. Wiseman replied that since they
started doing the Congregate Meal Program, many of their people have not gone
to the Senior Center because many of them have difficulty getting around. For
them to get to the Senior Center is difficult even though they could make
arrangements with the RYDE bus. When they started their Congregate Meal
Program, they did it to stabilize their population, but not to compete with the
Senior Center.
Moved by Buschkoetter seconded by Hadley to accept the
Kearney Housing Agency Annual Report submitted by Elaine Wiseman, Executive
Director. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
OPEN ACCOUNT CLAIMS; NEBRASKA
PUBLIC POWER DISTRICT - $75,233.61 ; FREMONT NATIONAL BANK - $37,720.54; SCHOOL
DISTRICT #7 - $1,654.15
Moved by Hadley seconded by Kearney that Open Account Claims
in the amount of $75,233.61 payable to Nebraska Public Power District and
$37,720.54 payable to Fremont National Bank be allowed. Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear
abstained. Motion carried.
Moved by Kearney seconded by Clouse that Open Account Claim
in the amount of $1,654.15 payable to School District #7 be allowed. Roll call
resulted as follows: Aye: Hadley, Kearney, Lear, Clouse. Nay: None.
Buschkoetter abstained. Motion carried.
VII. REPORTS
LIQUOR CONTROL COMMISSION’S
DECISION – BILL’S LIQUOR WEST
Council member Lear stated that he would be a little remiss
if he did not acknowledge the actions this week of the Nebraska Liquor Control
Commission regarding revoking the license of Bill’s Liquor West. He is
personally troubled by their action. All the information given to the Council
indicated that Bill’s Liquor and Bill’s Liquor West are responsible business
operators within this community. Somehow the Liquor Commission found
otherwise. He took a little time, based on that, to do some research on the Liquor
Commission’s website. He discovered since 2000, Bill’s Liquor West has been
sited for two violations. Based on those two violations, the Liquor Control
Commission apparently decided to revoke their license. At the same time, he
found other businesses, Andy and Lily’s Package Liquor in Omaha that had three
violations since 2000, but their license was not revoked. Value Mart of
Bellevue also had three violations since 2000, but their license was not revoked.
Kum ‘N Go #372 of Omaha had three violations and Kum ‘N Go #349 of Omaha had
three more violations, between them they had six violations since 2000 but
neither license was revoked. He questioned how could they be sure that the
Liquor Commission is applying a fair and consistent standard to protect our
citizens and businesses. He suggested bringing out the Liquor Commission to
sit down and spend some time with them because this situation did not make
sense to him. The Council has gone to the Commission in the past and asked them
not to issue licenses because they believed that the applicant presented a
problem for our community. The Liquor Commission went ahead and issued them
anyway. There have been battles with them over the years. He found this was a
very disheartening and troubling set of events. He hoped that the Council
could take some action to be a part of this process. In his opinion, it does not
appear to him that the Liquor Commission is applying a fair standard, or are
doing a good job of controlling the sale and distribution of alcohol in this
State, certainly not as it affects this community.
Mayor Hadley commented he attended the Quad-City Mayors
Meeting with City Managers last week. They talked about this issue at their
meeting. Grand Island is going to have the Liquor Commission out and Kearney
asked, along with Hastings and North Platte, to be a part of that meeting. In
that way, it would be a quad city meeting with them to bring those types of
issues before the Commission. He believed that with the voice of four cities
talking to them, each facing the same problems, they were more likely to
listen. The entire Council will be invited to attend this meeting with the
Liquor Commission and the Mayor hoped that all would attend.
SALES TAX
Mayor Hadley stated that they have been asked several times
about the sales tax issue and the vote that is going up. He reiterated that
the insert that was sent out in the utility bill listed the questions and
answers about the purposes of the sales tax proceeds. The sales tax proceeds
would be designated for capital improvements and equipment. Examples: Street
and Traffic Improvements, streets, bridges, traffic signals, signage,
sidewalks, curbs, public facilities, library, activity center, senior center,
fire stations, indoor/outdoor recreation projects and ADA improvements. Major
Equipment, public safety equipment, street and park equipment, etc. For some of
the major projects financed by the issuance of bonds, a vote of Kearney citizens
would be required according to state law. The Council has given examples of
what these funds would be used for. They must be used for capital improvement
items. They cannot be used for operations. He again urged people to study the
issue and make a rational decision. Whatever his or her vote is, he wanted
everyone to vote on November 15th. He encouraged citizens not to let their
neighbor make their decision on this, but to get out and vote.
UPDATE ON 11TH STREET PROJECT
Director of Pubic Works Rod Wiederspan updated the Council
on the 11th Street project. The contractor poured the final pour on the north
side from 2nd Avenue to 6th Avenue that day. He thought that the south side
would be poured back and filled in from 2nd Avenue to 6th Avenue. He reminded
everyone that the project went all the way to 7th Avenue, but he did not think
that it is in the City’s best interest to tear up the remainder of that last
block at this time. If there is good weather, they could get it done. They
plan to get the main line in and get it back opened up to traffic and finish
the project next spring. There is plenty of work remaining between 2nd Avenue and
6th Avenue with the sidewalks and the retaining walls. The frontage road to 3rd
Avenue should be opened up in about two weeks. They are going to concentrate
on the retaining wall along Famous Fillmore’s and they have the intersections
in and the sidewalk work to do. They are going to give them that portion to
work on in the next week or two to get that done and then open it up to 3rd Avenue
and work on the rest of it.
VIII. ADJOURN
Moved by Kearney seconded by Clouse that Council adjourn at
7:33 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear,
Clouse, Kearney. Nay: None. Motion carried.
GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK