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Kearney, Nebraska

December 23, 2002

7:30 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 7:30 p.m. on December 23, 2002 in the Council Chambers at City Hall. This meeting adjourned at 7:42 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:43 p.m. in the Council Chambers at City Hall. Present were: Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Galen Hadley, Don Kearney, and Jose Zapata. Absent: None. G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; 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: Neal Lewis, Dave James, Mary Kalb, Dan Lynch, Bobby Turner, Gary Roubicek, Holly Eckhout, Mike Tye, Russ Hilliard, Scott Sanders, Mike Konz, Paul Wice.

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

Reverend Ron Harris of First United Methodist Church provided the Invocation.

PLEDGE OF ALLEGIANCE

Boy Scouts Eric Murrish and Adam Prochaska 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

None.

IV. CONSENT AGENDA

Moved by Buschkoetter seconded by Hadley that Subsections 1 through 11 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.

1. Approve Minutes of Regular Meeting held December 10, 2002.

2. Alltel $1,686.29 Various; Amer Electric $100.62 Rep; AWWA $114.00 Dues; Antelope Newspaper $68.00 Adv; Aspen Publishers $286.01 Su; AT&T $71.21 Serv; Baird Holm $1,050.00 Serv; Baker & Taylor $3,904.14 Bks; Bamford $150.00 Su; Becker, G $14.00 Su; Behle, D $6.17 Ref; Berlie, J $11.10 Ref; Blessing, Inc $184,351.25 Serv; Bob's Super Store $38.08 Serv; Books on Tape $374.40 Bks; Bosselman Oil $9,527.10 Inv; Bound to Stay Bound Books $521.17 Bks; Bowman, R $20.47 Reim; Broadfoot Sand $342.00 Su; Bucher, Willis & Ratliff $3,050.00 Serv; Buffalo Co Treasurer $7,500.00 Serv; Buffalo Co District Court $129.00 Ded; Burch, A $23.49 Ref; Cadex Electronics $131.00 Various; Cash-Wa $353.85 Various; Central Fire $22.00 Su; Charter Paging $41.92 Serv; City of Ky $50,019.02 Various; City Service $63.50 Ref; Cleaning Solutions $870.38 Serv; CLH $309.00 Weather Station/Pilot; College Savings Plan of NE $210.00 Ded; Compass Group $441.00 Various; Computer Hardware $133.00 Su; Computer Pros $50.00 Rep; Computerized Fleet Analysis $2,245.00 Serv; Construction Rental $181.75 Various; Consumer Credit Counseling $2.51 Ref; Cordova, T $63.30 Tr; Corp Diversified Services $93,438.21 Claims; Culligan $35.21 Various; Cummins Great Plains $285.34 Rep; Dawson Co PPD $8,422.60 Serv; Dell $1,652.00 Equip; DEMCO $867.52 Su; Depository Trust $58,473.75 Int; Development Council $13,233.00 Various; Don's Pioneer Uniforms $1,325.90 Cla; Dugan Business Forms $522.68 Su; Dutton-Lainson $682.84 Various; Eakes Office Plus $481.43 Various; Engels Glass Design $30.00 Various; Envirotech $11,715.51 Su; Facts on File $303.08 Bks; Fairbanks Int'l $35,250.00 Equip; Family Counseling Center $150.00 V/W; Farm Plan $147.29 Rep; Fedex $64.26 Various; Fire Chief $60.00 Bks; Fire Engineering $24.95 Bks; Foley, S $100.00 Ref; Fremont Nat'l Bank $35,802.70 Ded; Frontier $1,087.16 Various; Gale Group $151.51 Bks; Gall's $253.70 Equip; Gausman, N $11.30 Ref; Great Plains One-Call $394.11 Serv; H&H Distributing $119.00 Su; Heinemann Library $18.85 Bks; Holiday Inn $81.95 Tr; ICMA RC $2,440.93 Ded; Intellicom Computer Consulting $3,291.50 Serv; IRS $79,948.36 Ded; ISDN $44.85 Serv; J&H Eagle Supply $4.97 Ref; Jack Lederman $41.88 Various; Johnson, A $47.44 Tr; Justex Systems $129.00 Dues; Ky Area Chamber of Comm $23,661.08 Taxes; Ky Clinic $70.00 Serv; Ky Concrete $3,657.68 Su; Ky Cycling & Fitness $508.00 Wellness; Ky Hub $16.46 Adv; Ky Implement $606.63 Rep; Ky Public Schools $200.00 Tr; Ky Truck Parts & Salvage $15.00 Su; Ky WinLectric $56.45 Rep; Kepler, J $11.36 Cla; Kirkham Michael $2,489.23 Serv; Koen Book Dist $56.80 Bks; L & W Tire Service $205.50 Various; LaFollette, D $50.00 Ref; Landmark Audiobooks $205.98 Bks; Laser Art Design $128.00 Incentives; LEA $633.00 Capital Imp; Lexis Nexis Matthew Bender $981.65 Su; Linweld $9.35 Su; Lynn Peavey Co $106.05 Su; Marlatt Machine Shop $280.89 Rep; Matthew Bender & Co $21.74 Su; McCleod USA $56.68 Ref; McCollister $2,384.30 Inv; McLaughlin, S $200.00 Reim; McNeil Fencing $1,061.05 Su; Medina, O $26.00 Ref; Merlin E. Burgland Const $875.19 Comm Betterment; Methe, K $52.00 Reim; MGS Tech $114.91 Equip; Mid NE Home Imp $92.12 Ref; Midlands Contracting $435,058.31 Serv; Midtown Comm $72.00 Serv; Midwest Turf $19,087.10 Various; Miller & Assoc $50,043.70 Various; Monnahan, B $20.24 Ref; Montalvo, C $15.12 Ref; MSI Systems Integrators $645.00 Serv; NAAO $200.00 Dues; NAPA Auto Store $10.67 Rep; NE Child Support $1,027.09 Ded; NE Dept of Environmental Quality $289,630.24 Various; NE Dept of Labor $225.00 Serv; NE Dept of Revenue $24,234.45 Taxes; NE Dept of Roads $27.71 Park Dev; NE Fire Admin Assistants $10.00 Dues; NE Rec & Park Assoc $75.00 Tr; NE State Bd Of Landscape Arch $100.00 Renewal; NE Supreme Ct Pub Office $102.00 Bks; NE Well Drillers Assoc $165.00 Reg; NEland Dist $190.20 Su; Newman Traffic Signs $139.13 Signs; Northwestern Energy $3,679.68 Serv; Novus Windshield Repair $31.50 Su; NPPD $47,131.87 Serv; Office Net $9,100.00 Capital Imp; Paramount Linen $273.31 Various; Pat's Plumbing Service $151.27 Rep; Patterson, B $44.64 Pstg; Pierson, Fitchett $98.00 Serv; Pike and Fisher $169.00 Dues; Platte Valley Comm $6,312.32 Various; Portable Computer Systems $4,309.36 Cap. Imp. Postmaster $68.00 Pstg; Poyourow, M $11.25Ref; Pratt, B $50.00Ref; Preferred Mail$68.68Pstg; Presto-X$191.50Various; Priority Mgt. Systems$77.27Su; Reams Sprinkler Supply $27,021.12 Su; Recorded Books $51.45 Bks; Redfield & Co $17.10 Su; Regional Books $334.52 Bks; Reserve Account $3,000.00 Pstg; Riverside Animal Hospital $2,625.50 Serv; Saathoff, J $57.22 Reim; Sam's Construction $58.29 Ref; Schmitz, J $71.15 Ref; Sherwin Williams $75.50 Su; Shundoff, J $50.00 Ref; Siemens Airfield Solutions $405.07 Su; Sign Center $85.00 Su; Sixel Consulting Group $8,190.30 Serv; Snap On Tools $473.65 Tools; Sorensen Group $8,075.00 Rep; Spady, J $298.44 Rep; Sprint $199.30 Serv; St of NE Dept of Aeronautics $1,857.42 Various; Stocker, K $10.35 Tr; Story, G $145.95 Tr; Sun Turf $495.39 Rep; Super Shine Auto Wash $15.50 Rep; Tielke's Sandwiches $36.95 Su; ULINE $16.11 Su; UNICO Group $50.00 Prem; United Contractors $211,999.89 Serv; United Distillers $235.41 Su; UNK $1,000.00 Fees; US Bank $787.50 Fees; Van Diest Supply $7,593.22 Rep; Verizon $13.43 Serv; We Care Tree Care $1,130.00 Capital Imp; Wessels, W $160.10 Tr; West Group $1,386.15 Su; Wilke Donovan's True Value $41.81 Rep; Wolfe, M $50.00 Ref; Woods & Aitken $180.31 Serv; Xerox $312.00 Equip; Zimmerman Printers $140.00 Su; Payroll Ending 11-30-2003 -- $ 230,127.66; and Payroll Ending 12-14-2002 -- $226,700.29. The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

3. Receive recommendations of Planning Commission and set January 14, 2003 at 7:30 P.M. as date and time for hearing on those applications where applicable.

9. Approve Application and Certificate for Payment No. 13 in the amount of $90,150.24 submitted by United Contractors, Inc. for the Avenue M Viaduct consisting of Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from the north line of South Railroad Street and Avenue M intersection, north to the intersection of 27th Street and Avenue N and approve Resolution No. 2002-287.

RESOLUTION NO. 2002-287

WHEREAS, United Contractors, Inc. has performed services in connection with the AVENUE M/N OVERPASS consisting of Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from the north line of South Railroad Street and Avenue M intersection, north to the intersection of 27^th Street and Avenue N, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 13 in the amount of $90,150.24 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$5,210,841.30
Change Order No. 1 (1-8-2002)	+ 13,018.00
Change Order No. 2 (1-8-2002)	- 10,453.07
Change Order No. 3 (1-8-2002)	+ 7,302.99
Change Order No. 4 (10-22-2002)	+ 29,631.23
Changer Order No. 5 (10-22-2002)	+ 12,627.40

Contract Sum to Date	$ 5,262,967.89
Total Completed and Stored to Date	5,260,156.66
Less Retainage	263,007.83
Amount Due to Date	4,997,148.83
Less Previous Certificates for Payment	4,906,998.59
Current Payment Due	$ 90,150.24

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. 13, as shown on Exhibit “A”, be and is hereby accepted and approved.

PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

10. Approve Amendment No. 1 to Recreational Use Agreement between the City of Kearney and Nebraska Public Power District to extend the hike/bike trail on NPPD’s substation property which is located at the corner of Nebraska State Highway No. 44 and Talmadge Street and approve Resolution No. 2002-288.

RESOLUTION NO. 2002-288

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Amendment No. 1 to Recreational Use Agreement”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Nebraska Public Power District, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

11. Approve the Lease Purchase Agreement with Deere Credit Inc. for the lease/purchase of a John Deere tractor and loader for the Meadowlark Hills Golf Course and approve Resolution No. 2002-289.

RESOLUTION NO. 2002-289

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Municipal/ Governmental Lease Purchase Agreement”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Kearney Implement, Inc./Deere Credit, Inc., be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

V. CONSENT AGENDA ORDINANCES

None.

VI. REGULAR AGENDA

BICO’S CAFÉ – MANAGER APPLICATION

Moved by Hadley seconded by Zapata to remove from the table the Application for Corporate Manager of Gary Roubicek submitted by BICO’S INCORPORATED, dba “Bico’s Café” in connection with their Class I54330 Liquor License located at 3016 West Highway 30. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.

Gary Roubicek presented this matter to the Council. He stated the reason for the change in managers is that the former manager is no longer with the business for personal reasons. He has utilized the services available from the City several times. The Police Department has been very cooperative and has even come out to the place of business and trained some of Bico’s new employees. He recognizes that it is a serious responsibility, and has found that young people are resourceful in trying to get around the age limit. He intends to continue being on guard and monitoring those that are served in his establishment.

Moved by Zapata seconded by Blankenship to approve the the Application for Corporate Manager of Gary Roubicek submitted by BICO’S INCORPORATED, dba “Bico’s Café” in connection with their Class I54330 Liquor License located at 3016 West Highway 30. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.

2001-2002 CITY AUDIT REPORT

Mayor Blankenship opened for discussion the 2001-2002 Fiscal Year City Audit Report prepared by the accounting firm of McDermott & Miller.

Each year Mary Kalb of McDermott & Miller, P.C. presents the annual audit for the City of Kearney to the City Council. Once again, Mary Kalb will be on hand at the Council Meeting to present the audit report and to answer any questions the Council Members or Administration may have. The Council is asked to review the information provided by McDermott & Miller, P.C. in order to become familiar with the financial condition of the City. Copies of the various audit reports for all funds of the City of Kearney were distributed to the Council members.

State law requires each fund of the City of Kearney to be audited on an annual basis in order to assure compliance with appropriate governmental practices

Mary Kalb presented this matter to the Council. The General Fund is the largest of the reports and is the report that is done on a cash basis as opposed to the other three, which are accrual basis. The Enterprise Fund is the only fund that was presented on the accrual basis and the rest were on cash basis. The total last year was $115,800,000.00 and this year is about a nine percent increase in those fund totals. The Equity Fund, which was $76,250,000.00 increased by about 4.6 percent last year.

The comparison of the actual receipts and disbursements in the General Fund to the budget showed that the City had budgeted to receive $27,000,000.00 and $32,000,000.00 was actually received. $34,000,000.00 was budgeted for disbursement and $30,000,000.00 was actually disbursed from the General Fund during the year. The Finance Director instituted a different capitalization policy this year in the general fixed assets where items under $5,000.00 are no longer capitalized. This is different in preparation for the B-34 that is coming into effect, where everything will be capitalized and the format of this report will change next year. He has put some things in place to make this more workable for next year.

The report lists details of all the long-term debt in the General Fund disclosures. At the end of the year in the General Fund there was $21,700,000.00 compared to last year $16,400,000.00. There will be some new bonding for the street improvements, the police building and the equipment fund. Outstanding contracts as of September 30^th total about $16,000,000.00 of which the City’s share is $9,500,000.00. $7,600,000.00 has been paid, leaving an approximate balance due on those capital projects of around $2,000,000.00.

For the report ending September 30, 2002, total sales tax collected was $4,900,000.00. Last year it was $4,700,000.00 for a 4.4 percent increase in sales tax receipts for the year. The schedule for Federal Finance Rewards is significantly larger than it has been for the past several years. Two of these are EPA loan funds but still Federal monies that pass through to the City. Last year, Federal monies was $1,700,000.00 compared to $7,400,000.00, which is a significant amount even considering that $4,000,000.00 were loans to be paid at a lower rate of interest.

Finance Director Wendell Wessels explained that there were a couple of projects yet to be completed, which made the increase. These two loans are at a rate of about 3.25 percent. One SRF loan was for the water tower and is basically federal money coming through the City and has to be paid back, and the other is the SRF loan on the sewer side for the Southwest Sewer Project and the Northeast Sewer Project. There was also a couple of million that came in for the Avenue M/N Overpass, which was grant free money.

Ms. Kalb continued to report on the accrual basis. The Airport cash went from $265,000.00 to $15,000.00 that is a significant drop. The contribution from the City was increased by $100,000.00 and it still shows a operating loss of $400,000.00 compared to last year. The equity did drop off by $300,000.00, which is a shortfall that seems to be increasing. There does not appear to be a change in the trend in the way the Airport is operating.

The Water Fund operating revenues increased by $400,000.00 and the operating profit also increased by $200,000.00. The electrical lease payments come into this fund and then back out. This is part of the bonding arrangement and then it goes back into the General Fund.

The Sewer Fund had $100,000.00 increase in user funds, operating profits stayed about equal, and the net income was lower. One of the main reasons throughout this report is that the interest income has dropped which is a factor of the rates. It becomes evident when you are looking at these funds that it does make a difference. The net income is $1,300,000.00 in the Sewer Fund.

Long-term liabilities in the Water and Sewer Fund were $19,200,000.00 in comparison to $16,500,000.00. There were some big projects this year reflected here. As of September, 2002, one of the projects that were in process was the water well field expansion project. Only $36,000.00 of expenses has been incurred and the estimated cost to complete is an additional $13,000,000.00. This amount has been budgeted for land acquisition.

Sanitation fund user fees were up about $40,000.00, the operating loss increased $100,000.00 and the depreciation went up $50,000.00 so it not all cash loss. There was a decrease of interest income of $50,000.00 making the net loss $160,000.00 as opposed to a $7,000.00 profit last year.

Kearney Area Solid Waste Agency Fund had user fee increase of $470,000.00, which she attributed to the storm. The operating profit is up about $400,000.00, interest income is about half, net income is $954,000.00.

The closure and the post closure costs are slightly less then last year. These changes each year are based on engineering amounts to the number of months it been used and their estimates of what it will cost to close it and keep it at that cost after closure. This is subject to change. She thought that the number would be bigger this year with the user fees being so high, but can only go by the numbers they are given.

Golf Course’s cash was down $400,000.00 this year. The operating revenues were up about $60,000.00, operating revenues were up $60,000.00; operating expenses were up $40,000.00, which gives a net change in operating income of about $22,000.00. In this fund, depreciation of $181,000.00 is a significant factor. This fund did have operating income after depreciation, less interest, and the interest expense was down, so the net loss is less in this fund.

Statement of Cash Flow shows factors that made this cash considerably less which was mostly due to the refinancing. The reduction of the larger debt, depleted some

cash making a smaller debt which in the long run is better. This is a temporary reduction in cash. The debt was reduced by $370,000.00 and the present value of the savings is right at $260,000.00.

The Keno Fund had an increase in revenues, but the winnings paid out were greater. The net income was down and they did pay out the $300,000.00. So looking at the cash and the winnings, it looks like we would have a limited number of years that could be paid out unless the profit from that would be greater. The hope is the golf course will continue to improve with operating revenue and maintain its cost so that the amount it would need would decrease.

Councilman Kearney questioned if the City has any responsibility or liability relating to the TIFF financing regarding the CRA. The Finance Director responded that a separate report is done for the CRA and is presented to the CRA Board. State statutes say that the City Treasurer is treasurer for the CRA and that is the City’s only responsibility. City Attorney, Mike Kelley, stated he was not aware of any responsibility but he would research it.

Moved by Blankenship seconded by Kearney to approve the 2001-2002 Fiscal Year City Audit Report prepared by the accounting firm of McDermott & Miller. Roll call resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.

ADDITION/RENOVATION OF LAW ENFORCEMENT CENTER

Mayor Blankenship opened for discussion the bids received for the Addition and Alterations to the City of Kearney/ Buffalo County Law Enforcement Center and to consider Resolution No. 2002-290 awarding the bid to Interstate Structures in the amount of $338,800.00.

Dan Lynch, Chief of Police, addressed the Council on this matter. The Police Department, working with Miller & Associates, created specifications for the renovations to the proposed building renovations for the expansion project of the LEC. These specifications were let for bids with a bid opening date of December 19^th. The results of the bidding process produced a low base bid of $335,000.00 and $3,800.00 for Alternate No. 1 from Interstate Structures of Kearney. Alternate No. 1 is the installation and all associated costs of a 2-post vehicle lift. This bid is for the necessary destruction and construction necessary to make the building usable. This bid does not include furnishings or asbestos removal which will be handled separately. The offered low bid is substantially below the previous estimate of costs.

The bids were discussed with Richard Stacey of Miller & Associates and based upon the bid specifications and the submitted bids, the recommendation was made to accept this bid. This work is necessary to make the facility useful and usable as additional office, training and work space, as well as to make improvements to the existing facility that would make it more usable.

The proposed renovations and additional equipment purchases were forecast at approximately $699,912.50. Of this amount, the renovation costs forecast were $448,550.00. The bid amount is substantially lower for the work than originally forecast, and well under the amount of moneys available.

Moved by Kearney seconded by Buschkoetter to approve the bids received for the Addition and Alterations to the City of Kearney/Buffalo County Law Enforcement Center and approve Resolution No. 2002-290 awarding the bid to Interstate Structures in the amount of $338,800.00. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

RESOLUTION NO. 2002-290

WHEREAS, Miller & Associates have reviewed the sealed bids which were opened on December 19, 2002, at 2:00 p.m. for the Addition and Alterations to the City of Kearney/Buffalo County Law Enforcement Center Project; and

WHEREAS, the said engineers have recommended the bid offered by Interstate Structures, Inc. of Kearney, Nebraska in the total sum of $338,800.00 Addition and Alterations to the City of Kearney/Buffalo County Law Enforcement Center Project be accepted as the lowest responsible bid.

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 Interstate Structures, Inc. of Kearney, Nebraska be and is the lowest responsible bidder for the addition and alterations to the City of Kearney/Buffalo County Law Enforcement Center project to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Interstate Structures, Inc. in the total sum of $338,800.00 for the Addition and Alterations to the City of Kearney/Buffalo County Law Enforcement Center Project 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 23RD DAY OF DECEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

PLANS AND SPECIFICATIONS – CITY HALL REROOFING PROJECT

Mayor Blankenship opened for discussion the Plans and Specifications for the City Hall Reroofing Project and set the bid opening date for January 16, 2003.

Scott Sanders from Miller & Associates presented this matter to the Council. As part of the 2002 Long Range Goals and Budget process, the City Council approved a reproofing project for the east half of City Hall this year and the west half next year. The City is ready to advertise and receive bids for the construction of the aforementioned project. The Engineer’s Opinion of Probable Construction Cost ranges between $40,000 and $50,000. The work involved should be substantially complete on or before May 30, 2003.

Moved by Buschkoetter seconded by Hadley to approve the Plans and Specifications for the City Hall Reroofing Project and set the bid opening date for January 16, 2003. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.

ADJUSTING FEES AT MEADOWLARK HILLS GOLF COURSE

Mayor Blankenship opened for discussion adjusting the fee structure for the 2003 Calendar Year at the Meadowlark Hills Golf Course and to consider Resolution No. 2002-291.

Director of Parks & Recreation Neal Lewis presented this matter to the Council. He stated that annually the fees and charges are evaluated at Meadowlark Hills Golf Course. This year only a minimal rate increase is being proposed in the green fees. Rates are basically going up one dollar ($1.00) for all types of green fees along with the associated change in punch cards. The proposed rate increase would generate an additional $1.00/round based on last year’s play. The increase would generate an additional $35,000.00 per year.

Moved by Hadley seconded by Zapata to approve adjusting the fee structure for the 2003 Calendar Year at the Meadowlark Hills Golf Course and approve Resolution No. 2002-291. Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter. Nay: None. Motion carried.

RESOLUTION NO. 2002-291

WHEREAS, on the 10th day of May, 1994, the City Council of the City of Kearney, Nebraska passed and approved Resolution No. 94-90 which Resolution established rules, regulations and fees for use of said golf course; and

WHEREAS, Section C. of said policy has been amended by Resolution No. 94-259 on November 22, 1994; Resolution No. 95-249 on November 28, 1995; Resolution No. 97-34 on February 25, 1997; Resolution No. 97-237 on December 9, 1997; Resolution No. 98-264 on December 8, 1998; Resolution No. 99-246 on November 23, 1999; and Resolution No. 2000-245 on November 28, 2000; and

WHERAS, it is necessary to repeal all prior Resolutions, with the exception of Resolution No. 94-90, in conflict herewith and establish a policy to set the fees for use of Meadowlark Hills Golf Course.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that Resolution Nos. 94-259, 95-249, 97-34, 97-237, 98-264, 99-246, and 2000-245 be and are hereby repealed in their entirety.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that Resolution No. 94-90, passed and approved on the 10^th day of May, 1994, be and is hereby amended and approved in the following respect:

C. Fees, which includes sales tax, for use of said public golf course shall be as follows:

SEASON PASSES FEES

Single 7-Day $550.00

Single Additional 7-Day $225.00

Single 5-Day $400.00

Single Additional 5-Day $175.00

Senior/Student 7-Day** $520.00

Senior/Student 5-Day** $350.00

Senior/Student Additional 7-Day $225.00

Senior/Student Additional 5-Day $155.00

Junior 5-Day* $125.00

Family 5-day $725.00

Family 7-day $925.00

Benefits: Unlimited playing privileges based on availability.

GREEN FEES: 9 HOLES 18-HOLES

Weekday $14.00 $19.00

Weekend/Holiday $16.00 $21.00

Junior (M-F)* $10.00 $14.00

Senior/Student (M-F)** $12.00 $17.00

Riding Carts $8.00 per rider $11.50 per rider

Pull Carts $2.00 $4.00

CORPORATE OUTINGS/TOURNAMENT FEES:

Peak Season (April 15-August 31) $40.00

Off Season (September 1-April 14) $32.50

INDIVIDUAL OR CORPORATE PUNCH CARDS:

9-Hole Green Fee Punch Card $280.00 (25 nine hole rounds) you save $70.00

18-Hole Green Fee Punch Card $380.00 (25 eighteen hole rounds) you save $95.00

9-Hole Cart Punch Card $64.00 (10 ½ carts for nine holes) you save $16.00

18-Hole Cart Punch Card $92.00 (10 ½ carts for eighteen holes) you save $23.00

9-Hole Cart Punch Card $160.00 (25 ½ carts for nine holes) you save $40.00

18-Hole Cart Punch Card $230.00 (25 ½ carts for eighteen holes) you save $57.50

9-Hole Cart Punch Card $300.00 (50 ½ carts for nine holes) you save $100.00

18-Hole Cart Punch Card $430.00 (50 ½ carts for eighteen holes) you save $145.00

DRIVING RANGE:

Small $3.50 (about 30 balls)

Large $5.50 (about 60 balls)

Extra Large $8.00 (about 90 balls)

Small Punch Card $70.00 (25 small buckets) you save $17.50

Large Punch Card $110.00 (25 large buckets) you save $27.50

GOLF LESSONS:

Private

Assistant Pro $ 25.00 (1/2 hour)

Head Pro $ 30.00 (1/2 hour)

Series of 6 private

Assistant Pro $125.00 (1/2 hour)

Head Pro $130.00 (1/2 hour)

Group $60.00 per person (4 1-hour lessons)

(3-5 students)

Junior Golf Program $30.00 (4 1-hour lessons)

Playing Lesson $50.00 (3 holes)

The entire remaining paragraphs, terms and provisions of Resolution No. 94-90, as passed and approved on the 10th day of May, 1994 shall remain valid and in full force and effect.

PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

RUSS HILLIARD – BILLBOARD LEGISLATION PROPOSAL

Mayor Blankenship opened for discussion the request from Russ Hilliard for USA Outdoor to approve Resolution No. 2002-292 encouraging the Nebraska Legislature to consider enacting legislation which would allow cities with zoning authority along the Interstate 80 corridor the power to regulate the construction and maintenance of billboards within these zoned areas.

Attorney Mike Tye, on behalf of USA Outdoor Advertising, proposed the formation of a sign review committee to review and make amendments to Chapter 50 “Sign Regulations” of the Unified Land Development Ordinance. One of the amendments being proposed by USA Outdoor Advertising is a new overlay district 150 feet in width on each side of Interstate 80 from the west line of the City’s extra-territorial jurisdiction to the east line of the extra-territorial jurisdiction to allow outdoor advertising signs with certain restrictions.

A committee was formed and began meeting on October 25^th to discuss the sign chapter of the Unified Land Development Ordinance. The fourteen person committee consisted of four persons from Kearney Public Works Department, two representatives from USA Outdoor Advertising and their attorney, two members of the Planning Commission, two people that manufacture signs, two businessmen, and the Director of Economic Development for City of Kearney/Buffalo County. The group has met five times to discuss amendments to the sign regulations.

Russ Hilliard from USA Outdoor is requesting the Council to approve a non-binding resolution encouraging the Nebraska Legislature to consider enacting legislation which would allow cities with zoning authority along the Interstate 80 corridor the power to regulate the construction and maintenance of billboards within these zoned areas.

Mike Tye presented this matter to the Council. He wanted to give an abbreviated version of signage on interstate highways and answer any questions on the resolution. Nebraska participated in the required federal programs that are approximately 40 years old. The Bonus Act and the Highway Beautification Act were the two federal programs that attempted to control signage on federal highways. Through his firm’s research, Mr. Tye does not believe that act requires limitation within the zoning authority of a municipality along Interstate 80. The financial reimbursement that originally went to the state from the federal government is no longer in force and there is no longer a financial benefit to the state. Mr. Hilliard has been involved in a process to try to have the Unicameral look at this issue, to evaluate it, and make a law change. That law change would deal only with those cities that have zoning authority along the Interstate 80 corridor, which would include Kearney and approximately fifteen other communities. The effort is to have the Unicameral pass a statute that would allow the local municipalities that have zoning authority along the Interstate the ability to regulate signage within their zoned authority. There are five senators in the Unicameral that will be making this a priority bill in the next session. This resolution is a non-binding resolution and has been reviewed by the City Attorney. Essentially it says the Council, by passing this resolution, would support the effort to pass the legislation and allow control of this issue within your zoning authority. This would not make any specific comment on any proposal about how it might be done or even if there would be any additional outdoor advertising permitted within the zoning authority. What it does say is that you support local control of that issue.

He stated that he wanted to clarity that the Planning Commission took this resolution up at their last meeting last Friday, and they did make a motion recommending that you as a Council approve this resolution. They did not approve the specifics of the proposal, but did pass a motion recommending that this resolution be approved.

Councilman Kearney asked if the next step then would be for the Planning Commission to review and to make a recommendation for size and number of signs on a separate resolution. Mr. Tye stated that statement was correct.

Mayor Blankenship asked if the federal government would then need to make some changes if this resolution is approved. Mr. Tye responded it was his understanding that when the state originally participated in this process they actually entered into an agreement with the federal government. They were not required to include the municipalities. Mr. Tye’s view is if they make this exception for the municipalities then there is nothing further that they need to do. If they would go across the board and open it up across the entire corridor, which would impact rural areas, then there would need for some federal changes.

Councilman Hadley asked what the urgency was to approve this at the December meeting instead of taking this up in January from the December Planning Commission. Council member Hadley expressed concern that if there would be opponents to it, they would expect it to be on the January Council agenda since it had just gone to the Planning Commission.

Mr. Tye responded that there were two separate processes. There was a separate item that was taken before the Planning Commission. There was a sign committee that was formed of the approximately fourteen people to study this issue. They met several times and came up with some specific ideas on how the sign ordinances of the City of Kearney could be changed which were presented to the Planning Commission the previous Friday. Planning Commission took it up and voted at their meeting to support this resolution. That is how it procedurally got to the Council on this agenda. The request for a resolution came as a separate item.

Director of Public Works Rod Wiederspan sstated there were two items, the resolution which was brought to the Council and the other item was an amendment to the existing zoning code for outdoor advertising along the I-80 corridor as well as 2^nd Avenue and Highway 30. They, as a staff, decided to take this resolution to Planning Commission to get their input. It was not necessarily a Planning Commission item, and it did not have to be on the Planning Commission agenda. They believed more comfortable getting the Council’s input, but the recommendation will not come before the Council until the next meeting.

Councilman Zapata stated this is a non-binding resolution. He wanted to clarify that the Planning Commission was not taking a stance on this one way or the other. Director of Public Works responded that the resolution has to be sent to the state to see if they will allow the City to do the zoning. The other was changing the zoning to “this is what we will do”. The Planning Commission was not comfortable in approving the zoning issues; the resolution needs to be presented to the state first and then the City would review its zoning laws.

Mayor Blankenship also expressed concern about the resolution due to the timing, whether they would run the risk of alienating the Department of Roads. The fact that this particular item is non-binding and depending on the input from the community to the Council, it could be changed. Secondly, it gives control back to the City instead of coming out of Lincoln. The local control will come at a later date through the normal channels. Councilmen Kearney and Buschkoetter agreed on the local control issue.

Moved by Zapata seconded by Blankenship to approve Resolution No. 2002-292 encouraging the Nebraska Legislature to consider enacting legislation which would allow cities with zoning authority along the Interstate 80 corridor the power to regulate the construction and maintenance of billboards within these zoned areas. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Zapata, Hadley, Kearney. Nay: None. Motion carried.

RESOLUTION NO. 2002-292

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, to encourage the Nebraska Legislature to consider enacting legislation which would allow cities with zoning authority along the Interstate 80 corridor the power to regulate the construction and maintenance of billboards within these zoned areas. With the passage of such legislation, each city with zoning authority along the Interstate 80 corridor would have the authority to determine what regulations it would deem appropriate with reference to construction and maintenance of billboards and/or outdoor advertising in the Interstate 80 corridor and within their zoning authority.

BE IT FURTHER RESOLVED that the passage of this resolution only refers to regulation of the area within the zoned areas within the City of Kearney’s zoning jurisdiction, and that the areas outside these zoned areas will remain under the jurisdiction of the State of Nebraska.

BE IT FURTHER RESOLVED that the passage of this resolution does not obligate or bind the City of Kearney to the passage of any future resolution or ordinance to place in effect any such regulations.

PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

OPEN ACCOUNT CLAIMS -- NONE

There were no Open Account Claims.

VII. REPORTS

None.

VIII. ADJOURN

Moved by Kearney seconded by Buschkoetter that Council adjourn at 8:45 p.m. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

BRUCE BLANKENSHIP

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK

ATTEST: PRESIDENT OF THE COUNCIL

CITY CLERK

ATTEST: PRESIDENT OF THE COUNCIL

CITY CLERK

ATTEST: PRESIDENT OF THE COUNCIL

CITY CLERK

ATTEST: PRESIDENT OF THE COUNCIL

CITY CLERK

ATTEST: PRESIDENT OF THE COUNCIL

CITY CLERK

Original Contract Sum

ATTEST: PRESIDENT OF THE COUNCIL

CITY CLERK

SEASON PASSES FEES

Single 7-Day $550.00

GREEN FEES: 9 HOLES 18-HOLES

Weekday $14.00 $19.00

CORPORATE OUTINGS/TOURNAMENT FEES:

Peak Season (April 15-August 31) $40.00

Off Season (September 1-April 14) $32.50

INDIVIDUAL OR CORPORATE PUNCH CARDS:

Small Punch Card $70.00 (25 small buckets) you save $17.50

GOLF LESSONS:

ATTEST: PRESIDENT OF THE COUNCIL

CITY CLERK

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