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Kearney, Nebraska

September 13, 2005

7:00 p.m.

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Area Solid Waste Agency in open and public session at 7:00 p.m. on September 13, 2005 in the Council Chambers at City Hall. This meeting adjourned at 7:07 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:08 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, and Bruce Lear. Absent: Stan Clouse. 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: Marvion Reichert, Mitch Humphrey, Lance Lang, Roger Jasnoch, Tracey Gilliard, Dave Colling, Gene McElhinny, Richard Stacy, Mike Tye, Craig Bennett, Scott DeBell, Mark McCoun, Kathryn Falconer, Mike Konz from Kearney Hub, Steve Altmaier from KGFW Radio, NTV-Channel 13, and KHAS-Channel 5.

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes. Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes. Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council. All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

I. ROUTINE BUSINESS

INVOCATION

The Mayor and Council held a moment of silent prayer.

PLEDGE OF ALLEGIANCE

Boy Scouts Russ Barts, Chris Noells, Trent Smolik 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.

VI. REGULAR AGENDA

INCREASE SALES TAX TO 1½ PERCENT

Mayor Hadley stated that at this time, he wanted to bring forward for consideration and discussion Regular Agenda Item 13. This item is to discuss the submission of the question of imposing a sales and use tax in the amount of one-half percent in addition to the one percent currently in effect and to increase its budgeted restricted funds for fiscal year 2005-2006 by $2,700,000 which is 46% over the current year’s restricted funds with the proceeds collected therefrom to be used specifically for funding capital improvements/equipment to the qualified electors of the City of Kearney at a special election to be held within the City on November 15, 2005 and to consider approval of Resolution No. 2005-155.

City Manager Michael Morgan presented this matter to the Council. Since early July, the City of Kearney announced new efforts to develop and prioritize capital improvement projects within the community. The City Council and City staff conducted 42 listening sessions, including two townhall meetings. Suggestion cards were also distributed in the utility billings as well as being distributed throughout the community. The reaction has been great with citizens from different areas of the community responding. In summary, the City received over 1,637 suggestions with over 700 citizens attending the listening sessions and 736 suggestion cards being received.

A Study Session was held on September 7, 2005 so that City staff could present the results. Examples of the capital improvements that were proposed by citizens included the following:

· Streets, sidewalks, traffic

· Library expansion

· Parks and Recreation facilities (Harmon Park)

· Downtown improvements

· Senior Center improvements

After discussing this matter at length, the Council directed staff to place the question of imposing a sales and use tax in the amount of ½ percent in addition to the one percent currently in effect on the Council agenda for consideration. In order to maintain and improve public infrastructure and to complete the capital projects presented by the citizens over the last few months, it would be in the City’s best interest to increase the local option sales tax by ½ percent in addition to the one percent currently in effect.

In accordance with Section 77-27,142.02 of the Nebraska Revised Statutes, the Council must pass a resolution proposing to increase the sales and use tax in the amount of ½ percent. The funds collected would be used specifically for funding capital improvements/equipment. Capital improvements would include acquisition of real property or acquisition, construction, or extension of any improvements on real property. Capital equipment would include other items to be inventoried (i.e. equipment, vehicles, etc.).

To hold a special election and to define the ballot language the City Council must adopt a resolution setting forth the question of imposing a sales and use tax in the amount of ½ percent in addition to the one percent currently in effect for an indefinite period of time and to direct the City Clerk to file a certified copy of the resolution proposing an increase in the sales and use tax in the amount of ½ percent with the Buffalo County Election Commissioner. Sales tax can only be increased in ½ percent increments.

This sales tax would be limited to capital improvement projects. Those capital improvement projects for certain buildings that would be bond financed under law would still have to come back to the ballot for voters to approve. The funds would be place in a separate fund. There would be an annual public hearing to review that fund and to prioritize the capital improvement projects. Sales tax funds could not be used for operating expenses and throughout the year the breakdown of all the funds that have been spent out of the Sales Tax Capital Improvement Fund would be available upon request.

Mayor Hadley stated that Council member Clouse could not be present at this meeting but asked that the following email be read:

“City staff has done a remarkable job sorting through the data collected at our listening sessions. The summary clearly shows we have numerous capital projects that our citizens would like to see completed in order to continue positioning Kearney as a community of choice to live and raise a family. Many items are quality of life type projects yet we find many are also basic infrastructure needs we are falling behind on due to tight budget and low property tax rates.

I am of the opinion the City Council should lead the effort with regard to implementing the additional ½ cent sales tax. It will be successful if we establish a prioritizing process that involves community input to ensure the projects undertaken are those that are important to our citizens. Please convey my support for this project as I feel Kearney is at a crossroads and we need to take action to continue being one of the premier communities in the State of Nebraska.”

Council Member Kearney stated that he learned a lot by attending the listening sessions where some very intelligent ideas were presented by the City Manager and Mayor. He learned a lot about being a senior from the senior citizens themselves. He also went to the ARC committee meeting where they were talking about handicap accessibility accountability. It was brought to his attention at that meeting, there are a number of streets in Kearney that have no sidewalks and areas that are difficult for someone in a wheelchair to get around. It was his understanding that each curb cut costs approximately $5,000-$9,000. The City does not have money in the budget to do these curb cuts. He originally believed that all the money should go to the Kearney Public Library, but he has since changed his mind after discovering the need for wheelchair accessibility in public areas.

Council member Buschkoetter agreed that the listening sessions were very educational. There were many groups that they are all associated with and a lot of different perspectives out there. The City needs to lay some brick and mortar down, put down more streets, put up more walls; i.e. Library, Harmon Park Activity Center, etc. He got a real grass roots feel for the need for support to make Kearney a little bit better place. This is a good opportunity for the Council to do that in a fiscally responsible way. He did not believe that a huge property tax increase is the right answer because it would be a tough check for many people to write. He believed it was reasonable and should be an expectation that those people, who come to our community from Buffalo County, Lexington and surrounding communities, who use our roads and parks help pay for those facilities. He believed the sales tax is probably the best way to build the types of facilities that will be used by people that call Kearney “home” and those who call Kearney “the town they go to for entertainment, shopping and transportation to other areas.”

Council member Buschkoetter continued to state that it is always tough to come back and say we want to increase taxes, but he believed that if that money is spent for the right purpose, it is money well spent. The article in the Hub stated that the City was going to raise the tax because everyone else has, but this is clearly not the case. The City needs the things on which it is planning to spend the money. At the present time, the money is not within the budget. This will give the City the opportunity to put up the activity center and other projects the citizens of the City of Kearney deem necessary for the Council to do. The process will be implemented to spend the money as part of a yearly budget process. A public hearing will be held each year, where people of Kearney will be asked how they think the money should be spent. This will be a public forum for discussion. This is a good way of saying our needs are going to change over the next several years and the City will have a mechanism in place to make those changes with them.

Mayor Hadley stated that this is not a public hearing. However, in keeping with the tradition of this Council, he asked anyone in the audience who wanted to speak to do so. He asked them to keep their statements brief and keep in mind that this is not a debate.

Marvion Reichert, #10 Rolling Hills, stated that he is on the Park & Recreation Advisory Board and is against the ½ cent sales tax increase. He was not speaking on behalf of the Park Board. He stated several reasons he is against the increase. He did not think we should have it just because every place else has it. It would put a burden on people on a fixed income. He is a retired farmer who rents his farm ground and his income is fixed and he cannot raise it. Other things go up such as gas, insurance costs and prescriptions. There should be a bond issue for capital improvements. He would rather pay property tax than sales tax. The taxes that we pay in Kearney are small compared to what he pays on his house. The City tax is small compared to the County and School taxes. He agrees there needs to be some new infrastructure, such as new Harmon Park activity building. He stated that once sales tax increases start, they will never stop and will continue to generate more and more. He believed that property tax and income tax was a fairer way to raise the money.

Roger Jasnoch, President of the Kearney Chamber of Commerce, thanked the Council and City staff for the process. This is a win/win situation for residents and for the Council to get a better feel for the needs of the community. There has been a cost associated with having the lowest property tax rate and this is one option to fund the needs that have been identified through this lengthy process. The Chamber Board voted to support the venture of the ½ percent sales tax issue and would stand ready to help that process and will urge their members to support this issue on a timely basis.

Kathryn Falconer, 1411 West 37th Street thanked the Council for the process by which citizens’ input was obtained. From what she has heard so far, she thought that she would support the tax; however, she had a question as to the use tax. Since she is a senior citizen on a fixed and shrinking income, she finds that the use tax is more burdensome than the sales tax. This is due to the fact that all the help an older person gets has a use tax on it. She believes it is critical that the Council continue to seek citizen input as to the priorities for spending the money.

Council member Lear stated he has enjoyed working strenuously on this project for the past several months. What he heard more than any other single thing was feedback from citizens who want improvement in our basic infrastructure and our basic facilities. He did not hear about extravagant things, but about improvements for handicap access, streets and some of the core things that directly affect the quality of life for everyone. Kearney has the lowest total tax burden of any first class city in Nebraska. One of the great things about this is that Kearney is still going to have one of the lowest total tax burdens of any community in Nebraska. This will give us a chance to address some of these issues that our citizens have raised because in many cases, we will have the appropriate resources. He looked at how he has been affected and how it will affect the people that he has had a chance to talk to. He looks forward to supporting this project.

Mayor Hadley echoed everything that other Council members have said. He thought that what they are looking at doing are normal services. He used the example in the listening sessions of the house that gets a fresh coat of paint every five years so it really looks good, but no one had ever looked at the foundation for 50 years. What they need to look at is the foundation of the City of Kearney. The City needs to look at streets, curbs, curb cuts for handicapped, libraries, recreation centers and senior citizen centers. This is the infrastructure that needs to be look at. We have been doing a great job of putting a coat of paint on Kearney and it does look good. He commended administration and the City employees because they do a great job with what they have. The City is reaching the point when it needs to look at the streets and infrastructure and get the funding needed to do the additional upkeep.

Moved by Hadley seconded by Kearney to approve submitting the question of imposing a sales and use tax in the amount of one-half percent in addition to the one percent currently in effect and to increase its budgeted restricted funds for fiscal year 2005-2006 by $2,700,000 which is 46% over the current year’s restricted funds with the proceeds collected therefrom to be used specifically for funding capital improvements/equipment to the qualified electors of the City of Kearney at a special election to be held within the City on November 15, 2005 and approve Resolution No. 2005-155. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-155

WHEREAS, citizens of the City of Kearney, Nebraska have expressed their desire to maintain and improve public infrastructure within the community, including capital improvements/equipment; and

WHEREAS, the Mayor and City Council wish to place this issue before the voters of the City of Kearney, Nebraska for their decision at a special election to be held on November 15, 2005.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the following question be submitted to the qualified electors of the City of Kearney at a special election to be held within the City on November 15, 2005:

(OFFICIAL SAMPLE BALLOT)

OFFICIAL MUNICIPAL ELECTION BALLOT

CITY OF KEARNEY, NEBRASKA

November 15, 2005

Sales and Use Tax Proposal:

Shall the Mayor and City Council of the City of Kearney, Nebraska, impose a sales and use tax in the amount of one-half percent (1/2%) in addition to the one percent (1%) currently in effect, upon the same transactions within the City of Kearney on which the State of Nebraska is authorized to impose a tax and shall the City of Kearney increase its budgeted restricted funds for fiscal year 2005-2006 by Two Million Seven Hundred Thousand Dollars ($2,700,000) which is forty-six percent (46%) over the current year’s restricted funds with the proceeds collected therefrom to be used specifically for funding capital improvements/equipment?

Vote for or against the foregoing proposal.

□ FOR the proposal

□ AGAINST the proposal

BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to certify the above issue to the Buffalo County Election Commissioner by September 23, 2005 in the manner and form provided in Nebraska Revised Statutes Section 32-559.

BE IT FURTHER RESOLVED that the Election Commissioner of Buffalo County, Nebraska, be and is hereby employed in accordance with Section 32-559, R.R.S. and is hereby authorized and directed to conduct the said special election, to appoint election officials, prepare and print ballots containing said question, provide for absentee ballots and do all other things necessary or proper to properly submit the foregoing question to the qualified electors of the City at said special election and to carry out the intent of this Resolution. The City does hereby agree to reimburse said Election Commissioner for the expenses of conducting the election.

BE IT FURTHER RESOLVED that in accordance with Section 19-3028, R.R.S., the following polling places in the described election precincts are hereby designated as the official polling places for the election:

Precinct 1 Bryant School 1611 Avenue C

Precinct 2 American Legion Post 1233 Central Avenue

Precinct 3 Nebraska Public Power District 900 4th Avenue

Precinct 4 Meadowlark Manor 2110 30th Avenue

Precinct 5 Kearney Community Theatre 83 Plaza Boulevard

Precinct 6 Zion Lutheran Church 2421 Avenue C

Precinct 7 First Lutheran Church 3315 Avenue G

Precinct 8 First Christian Church 3311 Avenue I

Precinct 9 Extension Building/Fairgrounds 1400 East 34th Street

Precinct 10 Kearney Baptist Church Temple 515 East 56th Street

Precinct 11 First United Methodist Church 4500 Linden Drive

Precinct 12 St. James Catholic Church 3801 Avenue A

Precinct 13 Activity Center/Harmon Park 31st Street and 5th Avenue

Precinct 14 Windy Hills School 4211 20th Avenue

Precinct 15 First Baptist Church 1616 West 39th Street

Precinct 16 Countryside Christian Church 3203 8th Avenue

Precinct 17 Kearney Community Theatre 83 Plaza Boulevard

Precinct 35 Sunrise Middle School 4611 Avenue N

BE IT FURTHER RESOLVED that in accordance with Section 77-27,142(4), R.R.S., the Election Commissioner shall file a certified copy of the election results with the Tax Commissioner on or before the last day of the month in which the election is held or no later than November 30, 2005.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

III. PUBLIC HEARINGS

LIQUOR LICENSE – 56TH STREET PLAZA

Mayor Hadley opened the public hearing on the application for a Class “B” (Beer – Off Sale Only) Liquor License submitted by 56TH STREET PLACE LLC, dba “56th Street Place” located at 1212 East 56th Street, and the application for Corporate Manager of Dave Colling, and to consider approval of Resolution No. 2005-139.

This is an application for a new licensed establishment and new management. The business is newly constructed and this would be an additional license for the community. A background was conducted on the business itself as well as the staff. Nothing was found during the background investigation that would prohibit the business or staff from receiving the license.

Mr. Colling is a very experienced manager of this type of business. Mr. Colling was previously employed as the Assistant Manager of the Holiday Station located at 25th Street and Avenue B. He has extensive experience in the retail sales of alcoholic beverages and has demonstrated his ability to properly and lawfully manage this type of activity. Mr. Colling has requested training from the Police Department for his new staff and has taken steps to insure compliance by staff with applicable regulations.

The City Council has voiced concerns with the selling of alcohol to minors in the community, and has encouraged all license holders to provide the necessary training to all employees that sell or dispense alcohol. City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Dave Colling has returned the form showing their employees have or will complete the training conducted by the Kearney Police Department. He also submitted a copy of their rules for the selling of tobacco, alcohol and lottery tickets and each employee is required to sign upon employment.

Dave Colling, 1521 69th Street, the proposed Corporate Manager, presented this matter to the Council. He stated that many might recognize him from Holiday Station where he worked for 16 years and for 11 of those years he was on their management team. During that time, Holiday never failed a compliance check. He stated that his employees at the 56th Street Place have all completed training with the Kearney Police Department and he brought his certificate from the Kearney Police Department. His policies regarding liquor are very strict and are taken very seriously. He provided the Council with a written copy of the rules he gives his employees. The registers that they have at the 56th Street Place require the employee to punch in the date of birth on an alcohol sale. If there is no date entered for the sale of alcohol, it will not ring up. The policy will be that anyone who appears under the age of 31 will need to show ID. Much like Holiday, they will be conducting their own internal compliance stings. At Holiday, he would hire someone from out of state or someone who looked young, but they would have to be 21 years or older. He would have them come in and purchase alcohol and that way, he would know if employees in his store were doing what they were supposed to do. In the 56th Street Place location, they are a neighborhood store. One of their neighbors is Meadowlark School. He has visited with Tom Camp, Principal of Meadowlark School. Mr. Colling stated that it will be his policy not to advertise with outside beer signs or pole mounted beer signs in front of their store. They have visions of their store and Meadowlark working together as a team on various projects. He assured the City of Kearney that he would do everything in his power to prevent the sale of alcohol to minors at 56th Street Place.

Council member Kearney thanked Mr. Colling for providing all the information that he did, particularly the sheet listing what he requests of his employees. He hoped that more people will adhere to this type of training. Mayor Hadley stated that the Council needs to make sure that the license holder knows the importance of preventing these incidents and he appreciated Mr. Colling’s efforts to make sure, when humanly possible, that checking ID’s will happen.

Letter sent by Kelly Shada, 715 East 56th Street, was read into the record by the City Clerk as follows:

“I am writing this letter because I have chosen not to change my plans in order to attend the City Council meeting tonight, nor to obtain hundreds of signature on a petition. I have been present in past City Council meetings and presented hundreds of signatures on a petition that was thrown out by the Council. It is my opinion that the Council should represent the long term good of the community and listen to the concerns of the majority of citizens, who voice their valid concerns. That said, I would like to voice my opinion on the liquor license requested by the 56th Street Place Convenience Store, located at the corner of 56th Street and Avenue N. I do not feel it is necessary for the City of Kearney to have another establishment that sells liquor-especially one that is locate across the street from our elementary school. When you started to rapidly change the zoning for this area, the neighbors were concerned that the zoning changes would open up the possibility for establishments to sell liquor and indeed that is what is happening. It has proven to be a difficult task to maintain trained employees in the businesses that already exist to keep them from selling alcohol to minors. Voting “yes” would add more opportunities for this to happen. Mayor Hadley recently made statements that it will take all community members to tackle the underage drinking problem in Kearney. That is true, but our community needs the Mayor himself and the City Council members to lead the way. I am asking that you vote “NO” on allowing yet another liquor license in our community-especially one located across from Meadowlark Elementary School. Thank you for your time.”

City Manager Michael Morgan added that he also appreciated Dave Colling’s patience, as he is the first one that has been required to complete the training compliance form that the Mayor will discuss in more detail. This is another tool that the City Council can use in approving liquor licenses.

Mayor Hadley read a document he had written regarding underage drinking concerns.

“To the City Council and Citizens of Kearney:

During the past few months, there has been a lot of discussion and comments regarding the subject of underage drinking and what the City of Kearney can do to reduce underage drinking. Although the City Council has spent a considerable amount of time and effort discussing this topic, I feel that it is time for the Council to lay out specific action items in an effort to curb underage drinking. They are; 1) I ask the Council to adopt a policy regarding any business holding a liquor license that is seeking renewal and has had an alcohol related violation in the preceding 12 months, to submit an new application and be subject to a public hearing. 2) Develop and implement a training documentation form that will be required to be submitted as a part of any new alcohol license application and thereafter annually. 3) Develop a Mayor’s Task Force on underage drinking to include law enforcement, prosecutors, judicial representation, parents, students, educators and liquor license holders to study the issue and to develop an action plan on the topic. 4) Asked the City Council to continue to approve public events that are catered by licensed establishments as opposed to private parties to provide liquor at events, such as weddings. 5) Adopt a requirement that annually each licensed establishment must complete a training course offered by the Kearney Police Department. 6) Adopt a policy requiring each license holder to annually submit his or her compliance of training. 7) Advocacy for “point of sale” technology, such as cash registers that require dates of birth to be entered in order to complete an alcohol sale.”

These are items that he is asking the Council to take up at the appropriate time to enact these items. In that way, they can have public hearings so the people can have their input. He again stated that the Council thinks these are very important things. The City is providing training for retail staff in identifying altered or false identification being used. The Kearney Police Department is doing compliance checks on a regular basis. During peak times, Police officers are deployed on foot and also do bar checks. This is an enormous challenge that has plagued parents, educators, law enforcement and liquor staff for years. He believed that with community effort, they will make a positive impact on this problem and he looks forward to working with all concerned over the coming months. He assured everyone that they are moving ahead in trying to implement the plan that he set forth to get this situation under control.

Council member Buschkoetter pointed out that there are certain restrictions about the distance a liquor establishment can be from church establishments and educational facilities. Mr. Colling’s facility is beyond that distance and so obviously fits within the legal criteria. While the proximity might be a little uncomfortable, which is understandable, it meets legal criteria. It is not appropriate to tell an applicant, who has run a liquor license rather well, that he is not qualified to have what he is rightly entitled to have it under the law.

Moved by Kearney seconded by Lear to close the hearing and approve the application for a Class “B” (Beer – Off Sale Only) Liquor License submitted by 56TH STREET PLACE LLC, dba “56th Street Place” located at 1212 East 56th Street, and approve the application for Corporate Manager of Dave Colling, and approve Resolution No. 2005-139. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-139

WHEREAS, 56TH STREET PLACE LLC, dba “56th Street Place” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘B’ (Beer – Off Sale Only) Liquor License to do business at 1212 East 56th Street, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

WHEREAS, 56TH STREET PLACE LLC, dba “56th Street Place” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Dave Colling; and

WHEREAS, a hearing was held relating to said application on September 13, 2005.

NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘B’ (Beer – Off Sale Only) Liquor License to 56TH STREET PLACE LLC, dba “56th Street Place” located at 1212 East 56th Street, Kearney, Nebraska, and to approve the application for Corporate Manager of Dave Colling.

BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

CATERING LICENSE – OLD CHICAGO

Mayor Hadley opened the public hearing on the application for a Catering License submitted by HI-BRAND KEARNEY, LLC, dba “Old Chicago” in connection with their Class “I-66969” (Spirits, Wine, Beer – On Sale Only) Liquor License and located at 112 South 2nd Avenue and to consider approval of Resolution No. 2005-140.

The “Old Chicago” restaurant has applied for a catering license to allow them to sell and dispense alcoholic beverages off the licensed premises of the business. A background investigation for the license has been conducted. Nothing was found during the background that would prohibit the issuance of this catering license. Their staff has been operating on the current license since it was issued in March 2005. There are no current violations noted during this period of time.

The “Old Chicago restaurant is owned by James and Susan Gardner who also own the Country Inn and Suites located directly to the east of the restaurant. During the interviews for this background, it was indicated that a majority of the catering business would be to provide for events at the Country Inn and Suites. The City Clerk had notified the applicant of the requirements concerning a catering license and the need to apply for Special Designated Licenses when they do cater off the premises.

Tracey Gilliard, 1704 East 41st Street Place, presented this matter to the Council. They have the need to expand and do catering, especially with Country Inn and Suites located directly behind them, which they also own. Old Chicago has had their liquor license since March of 2005 when they opened and have had no problems since that time. He stated they train their employees with Bar Code and certify them in responsible serving.

Council member Buschkoetter stated that this catering license would allow them to cater within their hotel, but if they were to cater off premises, such as at the fairgrounds, they would need to have a special designated license. The City Clerk clarified that even if Old Chicago caters at the Country Inn and Suites, they are still required to obtain a special designated license for each event and must go through the process. Mr. Gilliard stated he did understand that an SDL would be required.

There was no one present in opposition to this hearing.

Moved by Lear seconded by Buschkoetter to close the hearing and approve the application for a Catering License submitted by HI-BRAND KEARNEY, LLC, dba “Old Chicago” in connection with their Class “I-66969” (Spirits, Wine, Beer – On Sale Only) Liquor License and located at 112 South 2nd Avenue and approve Resolution No. 2005-140. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-140

WHEREAS, HI-BRAND KEARNEY, LLC., dba “Old Chicago” has filed with the City Clerk of the City of Kearney, Nebraska, an application for a Catering License in connection with their Class “I-66969” Liquor License and doing business at 112 South 2nd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

WHEREAS, a hearing was held relating to said application on September 13, 2005.

NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Catering License to HI-BRAND KEARNEY, LLC., dba “Old Chicago” in connection with their Class “I-66969” Liquor License located at 112 South 2nd Avenue.

BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

REZONING – NORTH OF 27TH STREET AND EAST OF 2ND AVENUE

Mayor Hadley opened the public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Steven and Shirley Webster and NP Land Development, Inc. (Owner) to rezone from “District R-2, Urban Residential Mixed Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 7 and 8, Perkins and Harford’s Strip Addition, the west six feet of Lot 249, all of Lots 248 and 329, Southwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (north of 27th Street and east of 2nd Avenue). Planning Commission recommended approval.

The applicant is requesting rezoning of a parcel on the east side of 2nd Avenue just north of 27th Street from District R-2, Urban Residential Mixed Density to District UC, Urban Corridor. This rezoning is a mirror image of the west side of 2nd Avenue which was rezoned to District UC recently and two buildings were constructed. A pharmacy and a financial aid agency occupy those buildings.

The same developer that completed the west project is requesting the rezoning for the east project. The concept is to repeat what was done on the west side of the street, although the tenants of any proposed buildings have not been identified. No plans have been drawn to illustrate a site layout. The applicant is simply requesting the Urban Corridor zoning at this time. The rezoning request is in conformance with the Future Land Use Map of the Kearney Comprehensive Development Plan.

The only concern that staff discussed was the relative shallowness of the lot for commercial development. If the Urban Corridor zoning is granted, the developer must still meet all setbacks and required buffer yards. At 100 feet in depth with a 25-foot front setback, a 20-foot landscaped buffer along the rear lot line (commercial abutting residential) and required off-street parking, the size of the potential structure is limited. In some cases in the recent past, developers have purchased additional land to gain the depth the project required along 2nd Avenue (i.e., Nebraska National Bank, Kearney Federal Credit Union). The applicant stated at the Planning Commission meeting that he was aware of the lot dimensions and the required setbacks and buffers.

Mitch Humphrey from Buffalo Surveying was present to answer any questions.

There was no one present in opposition to this hearing.

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Steven and Shirley Webster and NP Land Development, Inc. (Owner) to rezone from “District R-2, Urban Residential Mixed Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 7 and 8, Perkins and Harford’s Strip Addition, the west six feet of Lot 249, all of Lots 248 and 329, Southwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (north of 27th Street and east of 2nd Avenue). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

REZONING – NORTH OF 50TH STREET AND WEST OF 22ND AVENUE

Mayor Hadley stated that Public Hearings 4, 5 and 6 pertain to the development of Castle Ridge Second Addition for an area located north of 50th Street and west of 22nd Avenue. Today, the applicant has submitted a letter withdrawing this matter from the agenda. Therefore, Public Hearings 4, 5 and 6 are withdrawn and no action will be taken.

FINAL PLAT FOR CASTLE RIDGE SECOND

INCLUDE WITHIN CORPORATE BOUNDARIES – CASTLE RIDGE SECOND

REZONE WEST OF INTERSECTION F EASTBROOKE DRIVE AND AVENUE N

Public Hearings 7, 8 and 9 were discussed together but voted on separately.

Mayor Hadley opened the public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 8.19 acres, more or less, Buffalo County, Nebraska AND from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed Density District” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.56 acres, more or less, Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N). Planning Commission recommended approval.

The applicant is requesting approval to rezone and plat an area consisting of 10.75 acres in the Stone Ridge development north of 56th Street and east of Avenue N. There are 25 proposed residential lots, five of which are to be duplex lots. The lots are proposed on both sides of Avenue L with a cul-de-sac terminating the street at both the north and south ends. The street and lot layout are a mirror image of Stoneridge 3rd Addition to the east.

The rezoning request is for five lots on 2.56 acres to be zoned R-2, Urban Residential Mixed Density and 20 lots on 8.19 acres to be zoned R-1, Urban Residential Single-Family district. The requested R-2 zoning allows duplex development. The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Low Density Residential” and “Medium Density Residential.” The proposed zoning is in conformance with the land use plan.

These 10.75 acres was part of a previously approved Preliminary Plat that encompassed the entire Stoneridge development. The proposed subdivision, Stoneridge Sixth Addition, is in conformance with the previously approved Preliminary Plat. The subdivision is comprised of 25 lots, 20 lots which will be developed at single-family density and five lots reserved for duplex development. The duplex lots are clustered around the north cul-de-sac. A Public Works Plan has been previously submitted. Staff requests a revised Public Works Plan based on the proposed subdivision layout. This property will be served by urban services and should therefore be annexed into the city limits.

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This will be known as Stoneridge Sixth Addition, if approved. This is the next phase of a multi-phase development on a tract of land located north of 56th Street and west of Avenue N. 2.5 acres will be zoned District R-2 and the balance of the 10.75 acres will be zoned to accommodate single family residential housing units or housing lots. He believed that all requirements for the approval of this project have been met.

There was no one present in opposition to this hearing.

Moved by Hadley seconded by Kearney to close the hearing and approve the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 8.19 acres, more or less, Buffalo County, Nebraska AND from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed Density District” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.56 acres, more or less, Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

FINAL PLAT – STONERIDGE SIXTH ADDITION

Mayor Hadley opened the public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) for final plat approval for “STONERIDGE SIXTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.75 acres, more or less, all in Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N) and to consider approval of Resolution No. 2005-143. Planning Commission recommended approval.

There was no one present in opposition to this hearing.

Moved by Kearney seconded by Lear to close the hearing and approve the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) for final plat approval for “STONERIDGE SIXTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.75 acres, more or less, all in Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N) and approve Resolution No. 2005-143. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-143

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of ”STONERIDGE SIXTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

INCLUDE WITHIN CORPORATE LIMITS – STONERIDGE SIXTH ADDITION

Mayor Hadley opened the public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) for the inclusion of “STONERIDGE SIXTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.75 acres, more or less, all in Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N) and to consider approval of Resolution No. 2005-144. Planning Commission recommended approval.

There was no one present in opposition to this hearing.

Moved by Lear seconded by Buschkoetter to close the hearing and approve the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) for the inclusion of “STONERIDGE SIXTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.75 acres, more or less, all in Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N) and approve Resolution No. 2005-144. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-144

WHEREAS, an Application has been submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) for the inclusion of “STONERIDGE SIXTH ADDITION” within the corporate boundaries of the City of Kearney said property described as two tracts of land described as follows: TRACT 1 – a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly describes as follows: Referring to the northeast corner of the Southeast Quarter of Section 24, said point also being the northeast corner of Stoneridge Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska, and assuming the east line of the Southeast Quarter of Section 24 as bearing S00º28’53”E and all bearings contained herein are relative thereto; thence S89º31’01”W and on the north line of the Southeast Quarter of said Section 24 and on the north line of said Stoneridge Third Addition, a distance of 380.00 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the northwest corner of said Stoneridge Third Addition; thence continuing S89º31’01”W and on the north line of the Southeast Quarter of said Section 24 a distance of 330.00 feet; thence leaving the north line of the Southeast Quarter of said Section 24, S00º28’53”E and parallel with the east line of the Southeast Quarter of said Section 24 a distance of 337.90 feet; thence N89º31’07”E a distance of 330.00 feet to a point on the west line of said Stoneridge Third Addition, said point also being on the centerline of 63rd Street, a street in the City of Kearney, Buffalo County, Nebraska: thence N00º28’53”W and parallel with the east line of the Southeast Quarter of said Section 24 and on the west line of said Stoneridge Third Addition, a distance of 337.91 feet to the place of beginning, containing 2.56 acres, more or less, all in Buffalo County, Nebraska; AND TRACT 2 – a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly describes as follows: Referring to the northeast corner of the Southeast Quarter of Section 24, said point also being the northeast corner of Stoneridge Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence S89º31’01”W and on the north line of the Southeast Quarter of said Section 24 and on the north line of said Stoneridge Third Addition (if extended westerly), a distance of 710.0 feet; thence leaving the north line of the Southeast Quarter of Section 24, S00º28’53”E and parallel with the east line of the Southeast Quarter of said Section 24 a distance of 337.90 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S00º28’53”E and parallel with the southeast line of the Southeast Quarter of said Section 24 a distance of 1081.50 feet to a point on the north line of Stoneridge Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N89º31’07”E and on the north line of said Stoneridge Second Addition, a distance of 330.0 feet to the southwest corner of said Stoneridge Third Addition; thence leaving the north line of said Stoneridge Second Addition, N00º28’53”W and on the west line of said Stoneridge Third Addition, a distance of 1081.50 feet to a point on the centerline of 63rd Street, a street in the City of Kearney Buffalo County, Nebraska; thence S89º31’07”W a distance of 330.00 feet to the place of beginning, containing 8.19 acres, more or less, all in Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on August 19, 2005 on the inclusion of “STONERIDGE SIXTH ADDITION” within the corporate limits and recommended the Kearney City Council approve said application; and

WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “STONERIDGE SIXTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska;

WHEREAS, a public hearing was held by the Kearney City Council relating to said application on September 13, 2005 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “STONERIDGE SIXTH ADDITION” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

BE IT FURTHER RESOLVED that the inclusion of “STONERIDGE SIXTH ADDITION” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

FINAL PLAT – BROWN’S SECOND ADDITION

Mayor Hadley opened the public hearing on the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Judith Hill and Paul and Barbara Harms (Owner) for final plat approval for “BROWN’S SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lots 1 and 2, Brown’s Addition (to be vacated), all in the City of Kearney, Buffalo County, Nebraska (north of 19th Street between Avenue A and Avenue B) and to consider approval of Resolution No. 2005-145. Planning Commission recommended approval.

The applicant is requesting approval to vacate two lots and replat the land area into four lots. The location is north of 19th Street between Avenue A and Avenue B. This property is zoned M-1. Lots 1 and 2 of Brown’s Addition must be vacated to allow the land to be replatted as Brown’s Second Addition.

The Preliminary Plat and Final Plat of Brown’s 2nd Addition consist of four lots. Planning Commission approved the Preliminary Plat on August 19, 2005. Apparently, the existing metal storage building that is located on proposed Lot 3 was oriented in such a manner that the building extended over the lot line of the original subdivision. Lot lines in the new subdivision have been adjusted to eliminate this encroachment. A Subdivision Agreement is not required, neither is a Public Works Plan.

Mitch Humphrey from Buffalo Surveying was present to answer any questions.

There was no one present in opposition to this hearing.

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Judith Hill and Paul and Barbara Harms (Owner) for final plat approval for “BROWN’S SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lots 1 and 2, Brown’s Addition (to be vacated), all in the City of Kearney, Buffalo County, Nebraska (north of 19th Street between Avenue A and Avenue B) and approve Resolution No. 2005-145. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-145

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of ”BROWN’S SECOND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

FINAL PLAT – CHAPMAN’S ADDITION

Mayor Hadley opened the public hearing on the application submitted by Ron Ridgway from Miller & Associates (Applicant) for Bruce and Monica Chapman (Owner) for final plat approval AND a Subdivision Agreement for “CHAPMAN’S ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lot 1, Frederick’s Addition (to be vacated), all in the City of Kearney, Buffalo County, Nebraska (south of 13th Street and west of Avenue M) and to consider approval of Resolution No. 2005-146. Planning Commission recommended approval of the vacation and the subdivision plat subject to dedication of an additional ten feet of right-of-way along the Avenue M frontage and that the house that currently exists on the corner of 13th Street and Avenue M shall be permitted to remain via a Subdivision Agreement.

The applicant is requesting approval to vacate one large lot and replat the land area into three lots. The location is south of 13th Street and west of Avenue M. Hammer Park is just to the north on the opposite side of 13th Street. A major arterial, Avenue M, abuts the property on the east side. This property is zoned R-1. Lot 1 of Frederick’s Addition must be vacated to allow the land to be replatted as Chapman Addition. The Preliminary Plat and Final Plat of Chapman Addition consist of three lots. These lots will be developed by Habitat for Humanity.

An additional ten feet of right-of-way shall be dedicated along the Avenue M frontage as it is an arterial street. The land area of Lot 1 shall be recalculated without the 10-foot strip.
The existing house on the corner of 13th Street and Avenue M shall be permitted to remain as stipulated in the attached Subdivision Agreement. All other buildings on the property are to be moved or demolished.
Municipal water and sanitary sewer are located in 13th Street. There is an existing manhole on the 21-inch sewer line with a sewer stub out at the west property line of lot 3. The Developer shall use the existing stub out, set a manhole and run approximately 175 feet of eight-inch vitrified clay pipe to provide sewer service to Lots 1 and 2. No cuts are allowed in the street pavement.
A Public Works Plan is not required.

Craig Bennett from Miller & Associates presented this matter to the Council. He stated that one lot would be divided into three lots. The Agreement is for the house located to the east to remain until it is removed, but no additions or improvement can be made to that building. The other house and surroundings on that lot will be removed. He had a diagram that showed the house extends into the right-of-way and is to be removed from the subdivision as required in the Subdivision Agreement.

Council member Buschkoetter commented that this is an unusual situation. Director of Public Works stated this is the first case they have had where a house was located in the right-of-way through the subdivision process. They have had instances where a house has occupied a set back area. He believed this was a win/win situation for both of them to get this agreement accomplished.

There was no one present in opposition to this hearing.

Moved by Hadley seconded by Kearney to close the hearing and approve the application submitted by Ron Ridgway from Miller & Associates (Applicant) for Bruce and Monica Chapman (Owner) for final plat approval AND a Subdivision Agreement for “CHAPMAN’S ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lot 1, Frederick’s Addition (to be vacated), all in the City of Kearney, Buffalo County, Nebraska (south of 13th Street and west of Avenue M) and approve Resolution No. 2005-146 subject to compliance of the following conditions: (1) an additional ten feet of right-of-way shall be dedicated along the Avenue M frontage; and (2) the house that currently exists on the corner of 13th Street and Avenue M shall be permitted to remain in accordance with the Subdivision Agreement. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-146

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of ”CHAPMAN’S ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved subject to compliance of the following conditions: (1) an additional ten feet of right-of-way shall be dedicated along the Avenue M frontage; and (2) the house that currently exists on the corner of 13th Street and Avenue M shall be permitted to remain in accordance with the Subdivision Agreement, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

DEVELOPMENT PLANS – 2905 EAST 39TH STREET

Mayor Hadley opened the public hearing on the application submitted by Mark McCoun of Prairie Log Homes of NE, Inc. (Applicant) for Wendell Dubbs of Midland Molding, Inc. (Owner) for Planned District Development Plan Approval for the construction of a warehouse on property zoned “District M-1/PD, Limited Industrial District/Planned Development Overlay District” and described as Lot 2 of Block 2, Northeast Industrial Subdivision, Buffalo County, Nebraska (2905 East 39th Street) and to consider approval of Resolution No. 2005-147. Planning Commission recommended approval.

The applicant is requesting approval of Revised Development Plans for a warehouse addition for Midland Moldings at 2905 East 39th Street. This property is zoned M-1/PD. The proposed warehouse addition is approximately 12,000 square feet in area. In 2004 a similar sized warehouse addition was added to the existing manufacturing/office building. The new addition will connect to the south side of the 2004 warehouse. This proposal is purely a space addition to increase warehousing capacity on site. No new employees or manufacturing equipment are proposed at this time. Connection to municipal water and sewer is not proposed for the additional warehouse space. Many of the site improvements that are required by the Unified Land Development Ordinance were put in place during the 2004 expansion. Therefore, additional landscaping and parking are not required.

· The detention cell that was originally constructed was filled in with the warehouse addition in 2004. There was a misunderstanding as the cell was not functioning properly and was not releasing the water. The standing water was seen as a mosquito problem and the city asked for it to be reconstructed. The owner inadvertently filled it in. The detention cell will now need to be redesigned and upsized to account for the additional impervious cover of this warehouse addition and reconstructed on the site. Drainage calculations must be submitted and approved by the City Engineer before any building permits are issued.

· The Kearney Volunteer Fire Department requests a “knox box” be installed for emergency access.

Mark McCoun, President of Prairie Log Homes of Nebraska, was present to answer any questions.

There was no one present in opposition to this hearing.

Moved by Kearney seconded by Lear to close the hearing and approve the application submitted by Mark McCoun of Prairie Log Homes of NE, Inc. (Applicant) for Wendell Dubbs of Midland Molding, Inc. (Owner) for Planned District Development Plan Approval for the construction of a warehouse on property zoned “District M-1/PD, Limited Industrial District/Planned Development Overlay District” and described as Lot 2 of Block 2, Northeast Industrial Subdivision, Buffalo County, Nebraska (2905 East 39th Street) and approve Resolution No. 2005-147. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-147

WHEREAS, Mark McCoun of Prairie Log Homes of NE, Inc. (Applicant) for Wendell Dubbs of Midland Molding, Inc. (Owner) have applied for Planned District Development Plan Approval for the construction of a warehouse on property zoned “District M-1/PD, Limited Industrial District/Planned Development Overlay District” and described as Lot 2 of Block 2, Northeast Industrial Subdivision, Buffalo County, Nebraska (2905 East 39th Street).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Mark McCoun of Prairie Log Homes of NE, Inc. (Applicant) for Wendell Dubbs of Midland Molding, Inc. (Owner) for District Planned Development Plan Approval for the construction of a warehouse on property zoned “District M-1/PD, Limited Industrial District/Planned Development Overlay District” and described as Lot 2 of Block 2, Northeast Industrial Subdivision, Buffalo County, Nebraska (2905 East 39th Street) be approved.

PASSED AND APPROVED THE 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

DEVELOPMENT PLANS – 6005 2ND AVENUE

Mayor Hadley opened the public hearing on the application submitted by Richard Stacy from Miller & Associates (Applicant) for Pleasanton State Bank (Owner) for Planned District Development Plan Approval for the construction of a bank on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 3 of Block 1, North Acre Fifth, an addition to the City of Kearney, Buffalo County, Nebraska (6005 2nd Avenue) and to consider approval of Resolution No. 2005-148. Planning Commission recommended approval.

The applicant is requesting approval of Development Plans for a permanent banking facility for Town & Country Bank at 6005 2nd Avenue. This property is zoned C-2/PD and is currently occupied by a double-wide modular unit that has served as a temporary bank facility for the past eight years or so. The proposed bank building is approximately 4,320 square feet in area with a 1,430 square foot basement.

Since the site has been used during Phase I as a temporary modular unit, many of the site improvements, such as landscaping, access and site maneuvering, parking and drive-thru lanes already exist. It is the owner’s intent to keep this existing infrastructure intact to the degree possible and the Phase II facilities have been designed with that goal in mind. The owners would also like to keep the doors to the bank open for business during the construction period as much as possible.

· The proposed building will be constructed with brick masonry.

· Existing curb cuts will remain, although some adjustments may be necessary to the driveway orientation to insure 90 degree intersections, and some curb radii may need to be redesigned per the City Engineer.

· Any existing landscape that is destroyed or damaged during construction must be replaced.

· The existing water meter will be replaced with a new water service and meter.

· Stormwater detention is required. Drainage computations must be submitted to and approved by the City Engineer prior to issuance of any building permits.

· The Kearney Volunteer Fire Department requests a “knox box” to gain emergency access to this facility.

Richard Stacy from Miller & Associates presented this matter to the Council. He represents the Town and Country Bank referred to on the application as the Pleasanton State Bank because that is the owner of the title. The bank has changed its name since this title was transferred and is now the Town and Country Bank. He stated when he speaks of the bank; it is a group of banks of Pleasanton, Ravenna and Kearney. They have occupied this site in Kearney for the past four to five years. This site is now fully developed and landscaped with a modular facility in phase I. The intention was that when the banking laws allowed and the financial resources were there that phase II would be done. This proposal is for phase II that is a 4,300 square foot banking facility with a partial basement on the site. One of the unique things is they wish to keep the present facility in operation during the construction. On the completion of the construction of the new building, the modular building will be removed and the remainder of the site will be finished. The site is completely usable at the present time.

There was no one present in opposition to this hearing.

Moved by Lear seconded by Buschkoetter to close the hearing and approve the application submitted by Richard Stacy from Miller & Associates (Applicant) for Pleasanton State Bank (Owner) for Planned District Development Plan Approval for the construction of a bank on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 3 of Block 1, North Acre Fifth, an addition to the City of Kearney, Buffalo County, Nebraska (6005 2nd Avenue) and approve Resolution No. 2005-148. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-148

WHEREAS, Richard Stacy from Miller & Associates (Applicant) for Pleasanton State Bank (Owner) have applied for Planned District Development Plan Approval for the construction of a bank on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 3 of Block 1, North Acre Fifth, an addition to the City of Kearney, Buffalo County, Nebraska (6005 2nd Avenue).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Richard Stacy from Miller & Associates (Applicant) for Pleasanton State Bank (Owner) for District Planned Development Plan Approval for the construction of a bank on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 3 of Block 1, North Acre Fifth, an addition to the City of Kearney, Buffalo County, Nebraska (6005 2nd Avenue) be approved.

PASSED AND APPROVED THE 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

AMEND SECTION 49-103 “SCHEDULE OF OFF-STREET PARKING REQUIREMENTS” OF THE KEARNEY CITY CODE

Mayor Hadley opened the public hearing on the proposed amendments to Section 49-103 “Schedule of Off-Street Parking Requirements” of Chapter 49 “Off-Street Parking” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to amend Table 49-1: Minimum Off-Street Parking Requirements to include a provision to allow one space per 300 gross square feet for general retail services greater than 100,000 gross square feet. Planning Commission recommended amending the Code as follows: One space per 200 square feet of area for buildings 50,000 square feet or less; one space per 250 square feet of area for buildings 50,001 to 100,000 square feet; one space per 300 square feet of area for buildings 100,000 or larger.

City Planner Lance Lang presented this matter to the Council. At the request of a major retail franchise, staff has investigated an amendment to Chapter 49 of the Unified Land Development Ordinance (UDO) which sets forth the required amount of parking for all development based on use types. The use type in question here is large retail department stores with existing retail floor area of perhaps 60,000 to 140,000 square feet. These types of stores may include Wal-Mart, K-Mart, and Target as typical examples.

The Kearney Target store is proposing an expansion of approximately 22,176 square feet of retail floor area to the existing 90,000 square foot store. The amount of off-street parking required by the UDO cannot be met as the site is developed to its maximum extent. There is no room for additional parking. When the store was originally constructed, the required parking was one space per 250 square feet of net retail area. Now the UDO requires one space per 200 square feet. Based on the current requirement of one space per 200 square feet, parking required for the existing 90,000-square foot store is 450 spaces and 453 spaces are provided. However, the proposed expansion will eliminate 51 spaces dropping the total to 402. In addition, 111 new spaces are required based on the expansion area so the total parking deficit is 162 spaces. If the expansion is approved the total amount of parking on site will be 402 spaces or one space per 277 square feet.

Target representatives hired a traffic engineering firm to prepare a parking study for the Kearney store. Their findings show that the peak demand is 304 spaces or one space per 369 square feet. Therefore, they are requesting that the parking requirements in the UDO be amended to one space per 300 square feet for General Retail Services greater than 100,000 gross square feet.

Staff performed an analysis of parking requirements comparing the current UDO parking ratios with other communities. The results are summarized as follows:

The UDO classifies this type of store as “General Retail Services” for the purposes of parking regulations with a required off-street parking ratio of one space per 200 square feet of gross floor area. The application of gross floor area basically equals the building footprint since there are no allowances for distinguishing between retail space versus storage/warehousing space versus administrative offices versus bathrooms, etc.

Referring to Chapter 13 “Use Types” of the UDO, definitions and examples of typical use types are provided. “Retail Services” is the appropriate use type which is further divided into “limited, medium, large and mass” retail services. “Mass Retail Services” is described as follows:

Establishments providing retail services, occupying facilities over forty thousand (40,000) square feet in a single establishment or multi-tenant facility. Typical establishments provide for general purpose retailing oriented to Kearney and the surrounding region.

This definition best fits the big box department stores but it is interesting that the parking requirements for retail services are consistent at one space per 200 square feet even though there are significant differences between limited, medium, large and mass retail. Limited retail is defined as less than 3,000 square feet while medium is between 3,001 and 10,000 square feet. Large is 10,001 to 40,000 square feet. Perhaps there should be a difference in off-street parking requirements for a 3,000 square foot building versus a 120,000 square foot building? Currently, the UDO treats them the same for parking purposes at one space per 200 square feet.

Another reason to consider reducing the parking requirements for large department stores is the amount of impervious cover that these huge parking lots require and the implications with stormwater management, both for water quantity and water quality. The sheer volume of water that is shed along with the contaminants that come off the parking lot surface, such as motor oil, antifreeze, de-icing agents, and tire particles are an environmental concern for our community. We cannot provide enough convenient parking for the busiest shopping days of the year in the same way we cannot size our storm sewers to carry the heaviest rainfall events. It is too costly from both a monetary and environmental standpoint.

With this background in mind staff did some research into what other communities require for off-street parking at large retail facilities:

Grand Island	Hastings	Lincoln	Omaha
1 space per 200 s.f. net retail space (Note: net space allows discounting of bathrooms, office space, warehousing etc. where gross space lumps them together and is thus more restrictive)	1 space per 300 s.f. gross floor area. For facilities exceeding 60,000 s.f. the parking ratio shall be based on gross leasable area instead of gross floor area	1 space per 300 s.f.	1 space per 250 s.f. with greater than 10,000 s.f. gross retail floor area

Kearney is the most restrictive of any of these communities. Before the UDO was adopted the zoning ordinance required one space per 250 square feet of net retail area. Not only was the ratio more lenient at one space per 250 square feet instead of one space per 200 square feet, the net retail approach allows for bathrooms, mechanical rooms, elevator shafts, and the like to be exempt from the calculations. At the time the UDO was adopted, staff was leaning towards more restrictive parking requirements because of some past problems where the parking seemed inadequate. Now it seems it may be prudent to structure the parking requirements based on the size of the proposed building.

In the course of researching this issue staff discovered the following parking requirement from Citrus County, Florida which seems to make sense. The parking ratio decreases as the size of the store increases.

One space per 200 square feet of gross leasable area for buildings 50,000 square feet or less; one space per 250 square feet of gross leasable area for buildings 50,001 to 100,000 square feet; one space per 300 square feet of gross leasable area for buildings 100,001 to 400,000 square feet; one space per 350 square feet of gross leasable area for buildings larger than 400,000 square feet.

This example appears to be well suited to Kearney if we drop the 400,000 category and simply end with; “buildings 100,000 square feet or more.”

The Planning Commission raised the question of whether the language should be tied to gross or net floor area and whether the term “leasable” floor area would be appropriate or not. After discussing the options it was decided that the language should simply refer to “square feet” and not include any of the terms “net” or “gross” or “leasable.” The Code states in Section 49-103, Section A, paragraph 2; “Unless otherwise indicated, parking requirements are based on gross floor area.”

Scott DeBell from Woolpert a Civil Engineering Firm working with Target, stated the next item on the agenda is the proposed expansion of the existing Target store in Kearney. Initially, they submitted a text amendment request for the parking because the proposed expansion of the Target store will not meet the current ordinance requirements. Target looked at their proposed parking a couple of different ways and hired a consulting firm that did a traffic count at the existing store and projected what the demand would be on the proposed expansion site. They also looked at volume based on existing sale receipts per hour to determine the traffic count based on those receipts. With those results, they determined there would be more than adequate parking by changing the requirement to the one space per 3,000 gross square feet for retail area. Woolpert believed that Target would be an adequate representation of all retail stores over 100,000 square feet and proposed the amendment for all retail stores over 100,000 square feet.

City Planner Lance Lang stated that Target took it upon itself to apply for the Code Amendment. The City staff took on the more difficult job to do some research to see if they thought it was reasonable to change the parking standards. They found some interesting things during that process. First, there was a discrepancy in the Code. In the “parking section” this type of building was defined as retail services, but in the “definition section” of the Code, it is actually split up into the limited retail, general retail and large or mass retail, which is what Target is. The concern was that the parking ratio stayed the same regardless of whether it was a 5,000 square foot building or a 105,000 square foot building. This was an issue that could be changed based on the size of the building.

Second, they also did some research in other first class cities in the state and Lincoln and Omaha. As it turned out, Kearney has the most demanding parking requirements of all the others. In some cases, it was not much more restrictive, but the fact remained more restrictive than the others.

Thirdly, from a functional and aesthetic standpoint, we want to have convenient parking for customers, just like the stores so they can get customers in the doors. The amount of concrete or asphalt in a parking area generates more storm water, which causes more erosion and more pollution from oil and antifreeze that washes off into our storm drains. Having parking lots that serve customers on the busiest day of the year, but sit vacant the rest of the year does not make sense unless it is being reasonably used.

The City staff came up with a slightly different proposal than just saying buildings over 100,000 square feet would be one space per 3000. They proposed a scaled hierarchy, which starts with any store from 0-50,000 square feet would be at one space per 200, which is what our standard is now. Stores from 50,001-100,000 square feet would be relaxed to one space per 250 square feet. Stores over 100,000 square feet would be relaxed to one space per 300 square feet which was basically what Target was asking. He believed that this graduated scale addresses the incremental size of the buildings better than saying above or below 100,000 square feet.

One of the issues discussed at length at the Planning Commission was how to define square feet of a building. Should it be defined as gross square feet, net square feet or leasable area? It was decided to use gross retail space as defined in the Code.

Council member Buschkoetter asked for clarification of the bigger the store, the less parking per square foot is required. It would seem that the larger businesses are going to be busier than the smaller ones. Mr. Lang responded that once a store gets to a certain size called “big box retail” (Wal-Mart, K-Mart, Target) the parking lots are large. They are usually only full during the Christmas shopping days, but not at other times. People do not like to walk any further than they have to especially during the winter. He did not have an answer about what the break point is for a store to require more or less parking. What they considered logical was taking a 20,000 square foot strip mall, for example, there needs to be an adequate amount of parking. In a strip mall, there are various businesses; some create high parking volumes like restaurants. The largest business in town is Wal-Mart (approximately 180,000 square foot). The amount of floor space requires so much parking that it kind of takes care of itself, but does not need to be quite as stringent as a smaller store with multiple tenants. Not only did they research surrounding communities, but they also did some national research. They also reviewed parking standards from the American Planning Association where they got the idea to make the breakdown incrementally in those categories.

Council member Buschkoetter asked why use gross floor area, which is already in the Code versus net retail space? He thought the area that customers go into would generate the parking, not the amount of storage a store has. Target has a good sized backroom and office space. Mr. Lang said that it is easier to calculate gross floor area. In order to calculate net floor area, you must know what the exemptions are going to be and how to qualify them. He believed that the building use would be the determining factor. The parking requirement would go way down for a warehouse type use that is primarily storage. They would focus on the food service areas that the customers use for a restaurant to determine the parking requirement. The way the parking requirements are set up in the ordinance, they are use specific for each type of use.

Council member Lear asked how this would apply to Cash-Wa, which has a small retail space, but large processing and warehouse. Mr. Lang responded that he believed they will have to be reasonable and in the case of Cash-Wa, would classify it as basically warehousing. The Code breaks down for the amount of warehousing space versus retail space. This chart would apply to those hybrid commercial/industrial types of uses. They have done a lot of research and have looked at it from many different angles and don’t want to change the Code if it is working.

There was no one present in opposition to this hearing.

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the proposed amendments to Section 49-103 “Schedule of Off-Street Parking Requirements” of Chapter 49 “Off-Street Parking” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to amend Table 49-1: Minimum Off-Street Parking Requirements to include a provision under commercial use types to allow one space per 200 square feet for general retail services 50,000 square feet or less, one space per 250 square feet for general retail services 50,001 to 100,000 square feet, and one space for 300 square feet for general retail services 100,001 square feet or larger. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

DEVELOPMENT PLANS FOR TARGET – 4800 3RD AVENUE

Mayor Hadley opened the public hearing on the application submitted by Scott DeBell from Woolpert, Inc. (Applicant) for Target Corporation (Owner) for Planned District Development Plan Approval for the construction of an addition to an existing retail business on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 1, Sorensen Park, an addition to the City of Kearney, Buffalo County, Nebraska (4800 3rd Avenue) and to consider approval of Resolution No. 2005-149. Planning Commission recommended approval.

The applicant is requesting approval of Revised Development Plans for a 22,176-square foot expansion of retail space at the Kearney Target store. This property is zoned C-2/PD. The existing store contains 90,000 square feet of gross retail area.

The proposed expansion is divided into two locations. 2,063 square feet is proposed near the southeast corner of the building while the primary expansion area is 19,700 square feet on the north end of the existing building. The total floor area of the store including the expansion will be 112,176 square feet. Additional truck dock and loading bay is also proposed bringing the total number to three. 402 parking spaces will be provided which is one space per 279 square feet of gross floor area.

· Although the Unified Land Development Ordinance requires one space per 250 square feet of floor area at the time these comments were written, an amendment to the UDO is proposed in the agenda item prior to this hearing that would allow the parking ratio to be decreased to one space per 300 square feet of area. That amendment must be approved for this Development Plan to be valid. Otherwise, there is insufficient parking to support the building expansion.

· An eight-inch water main must be relocated. This main shall be constructed with ductile iron pipe.

· Fourteen landscape islands are being added in the parking area. These “islands” were previously painted on the asphalt but will now be raised curb and gutter with tree plantings. These islands are being added to meet the five percent interior landscaping requirement for parking lots exceeding 6,000 square feet as per the UDO.

· The proposed addition will be constructed with split-face concrete masonry units that match the existing building.

· Any proposed roof mounted mechanical equipment shall be screened from view of any surrounding public streets.

Scott DeBell from Woolpert, presented this matter to the Council. He stated Target is proposing to expand about 22,000 square feet to their existing store. This will extend mostly on the right hand side of the building with a new entrance and a little bit of the left front corner and very small area in the back to add an extra dock. The front sidewalk would be altered to include the bow-out at the front entrance. There would be the addition of the landscaped parking islands at the front and back of each parking row. There will be some landscaped planters in the front sidewalk area and some spherical bollards.

There was no one present in opposition to this hearing.

Moved by Hadley seconded by Kearney to close the hearing and approve the application submitted by Scott DeBell from Woolpert, Inc. (Applicant) for Target Corporation (Owner) for Planned District Development Plan Approval for the construction of an addition to an existing retail business on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 1, Sorensen Park, an addition to the City of Kearney, Buffalo County, Nebraska (4800 3rd Avenue) and approve Resolution No. 2005-149. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-149

WHEREAS, Scott DeBell from Woolpert, Inc. (Applicant) for Target Corporation (Owner) have applied for Planned District Development Plan Approval for the construction of an addition to an existing retail business on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 1, Sorensen Park, an addition to the City of Kearney, Buffalo County, Nebraska (4800 3rd Avenue).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Scott DeBell from Woolpert, Inc. (Applicant) for Target Corporation (Owner) for District Planned Development Plan Approval for the construction of an addition to an existing retail business on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 1, Sorensen Park, an addition to the City of Kearney, Buffalo County, Nebraska (4800 3rd Avenue) be approved.

PASSED AND APPROVED THE 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

ADOPT 2005-2006 BUDGET

Public Hearings 17 and 18 were discussed together but voted on separately.

Mayor Hadley opened the public hearing for the purpose of adopting the City of Kearney Budget for the 2005-2006 Fiscal Year.

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Pursuant to Section 13-506 of the Nebraska Revised Statutes, the City Council is required to conduct a public hearing on the City of Kearney proposed budget and the City of Kearney Offstreet Parking District No. 1 proposed budget for the 2005-2006 fiscal year. The public hearing is a process where the City Council hears support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed Budget Document. After the Budget Document is reviewed and the public hearings are conducted, the ordinance should be passed and approved on the Regular Agenda. The ordinance legally adopts the Budget Document and appropriates sums of money contained in the Budget Document for the necessary expenses and liabilities of the City of Kearney.

There was no one present in opposition to this hearing.

Moved by Kearney seconded by Lear to close the hearing and adopt the City of Kearney Budget for the 2005-2006 Fiscal Year. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

ADOPT OFFSTREET PARKING DISTRICT NO. 1 BUDGET FOR 2005-2006

Mayor Hadley opened the public hearing for the purpose of adopting the City of Kearney Offstreet Parking District No. 1 Budget for the 2005-2006 Fiscal Year.

There was no one present in opposition to this hearing.

Moved by Lear seconded by Buschkoetter to close the hearing and adopt the City of Kearney Offstreet Parking District No. 1 Budget for the 2005-2006 Fiscal Year. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

SET 2005 PROPERTY TAX LEVY

Mayor Hadley opened the public hearing for the purpose of setting the 2005 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and to consider approval of Resolution No. 2005-150.

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Section 77-1601.02 of the Nebraska Revised Statutes requires political subdivisions of the State of Nebraska to conduct a Special Public Hearing to set the 2005 property tax request if the request is going to be different than the 2004 property tax request. The same statutes include a provision stating that the property tax request for 2004 will be the property tax request for 2005 unless the political subdivision passes by a majority vote a resolution setting the property tax request at a different amount.

The 2005-2006 City of Kearney Budget includes a property tax requirement of $1,455,321.44 for the General Fund, and a property tax requirement of $303,121.35 for the Public Safety Tax Anticipation Bond Fund. The 2005 property tax requirements are different than the 2004 property tax requirements; therefore, a Special Public Hearing is required to set the 2005 property tax requirement.

There was no one present in opposition to this hearing.

Moved by Buschkoetter seconded by Hadley to close the hearing and approve setting the 2005 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and approve Resolution No. 2005-150. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-150

WHEREAS, Neb. Rev. Stat. Section 77-1601.02, (R.R.S. 1943), as amended), authorizes the City Council to set the 2005 property tax request for the City of Kearney; and

WHEREAS, the mayor and City Council of the City of Kearney Nebraska hereby finds and determines that it is in the best interests of the City of Kearney that a 2005 property tax request be set for the City of Kearney.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-1601.02 (R.R.S. 1943) an All-Purpose Tax Request of $1,455,321.44 is set for the fiscal year beginning the 1st day of October, 2005 and ending on the 30th day of September, 2006 for the purpose of equipping, maintaining and paying the departments of the City of Kearney.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-1601.02 (R.R.S. 1943), a Special Tax Request of $303,121.35 is set for the fiscal year beginning the 1st day of October, 2005 and ending the 30th day of September 2006 for the purpose of paying off bonds authorized by Neb. Rev. Stat. Section 18-1202 (R.R.S. 1943).

BE IT FURTHER RESOLVED that the City Clerk is hereby ordered to certify said request to the Buffalo County Clerk in order that the same may be placed on the property tax rolls and be collected in the manner provided by law.

BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if ordinances and resolutions in conflict herewith are hereby repealed.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2005, and shall be published in pamphlet form.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

IV. CONSENT AGENDA

Mayor Hadley stated that Item No. 10 of the Consent Agenda is an application for Special Designated Licenses that was added to the agenda yesterday. Also, Item 5 the City Attorney Agreement will be approved subject to all legal issues being resolved.

Moved by Hadley seconded by Kearney that Subsections 1 through 9 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

1. Approve Minutes of Regular Airport Corporation Meeting held August 23, 2005 and Minutes of Regular Council Meeting held August 23, 2005.

2. Approve the following Claims: A-1 Refrigeration $140.69 smcs; Ace Hardware $67.52 smcs; Advanced Battery $155.34 smcs; AFLAC $1,681.30 ps; Agent Fee $5.00 smcs; Akahane,S $11.99 smcs; Alltel $3,117.40 smcs; Amazon $220.06 smcs,co; Amer Electric $1,136.63 smcs,co; Amer Fence $3,035.00 co; Amer Legion Emblem $238.65 smcs; Andersen Wrecking $100.00 smcs; APA $645.00 smcs; Archer,E $19.92 smcs; Ashley,J $19.80 smcs; Associated Bag $269.58 smcs; Axtell,D $41.93 smcs; B&B Auto $25.00 smcs; Baker & Taylor $6,112.82 smcs; Bamford $441.41 smcs; BBC Audiobooks $315.34 smcs; Bear Frame $50.95 smcs; Becker,G $66.10 smcs; Bennett,T $1,065.00 smcs; Bethell,T $1,137.50 smcs; Blessing $45,401.26 co; Bloom Designs $23.96 smcs; Bluecross Blueshield $59,609.98 smcs; Bob's Total $47.16 smcs; Bogard,M $46.50 smcs; Bosselman Oil $38,553.39 smcs; Bowman,M $37.00 smcs; Brown,A $213.85 smcs; Brown,C $38.66 smcs; Brown,S $15.28 smcs; Bruce's Body Shop $762.35 smcs; Buffalo Co Court $18.49 ps; Buffalo Co Reg of Deeds $46.00 co; Buffalo Co Treasurer $35.00 co; Buggy Bath $16.50 smcs; Builders $1,938.17 smcs,co; Campbell,P $50.43 smcs; Carlos O'Kelly $159.11 smcs; Cash Wa $4,454.66 smcs; CBA Lighting $215.10 smcs; CDW $256.79 smcs; Centaur $33.16 smcs,co; Centennial Equipment $92.51 smcs; Central Fire $1,798.95 smcs; Central Hydraulic $223.82 smcs; Central NE Bobcat $802.57 smcs,co; Centurion $184.60 smcs; Chad $16.00 ps; Charter Comm $43.55 smcs; Charter Paging $22.46 smcs; Chief Industries $3,965.00 smcs; Christian Heritage $27.93 smcs; City of Ky $184,271.99 smcs,co,ps; City of Salina $889.44 ps; College Directory $780.00 smcs; College Savings Plan NE $50.00 ps; Comm Action Partnership $84.00 smcs; Computer Hardware $468.90 smcs; Conseco Life $38.00 ps; Construction Rental $143.00 smcs; Cook,J $163.40 smcs; Cook,T $33.71 smcs; Copycat $212.54 smcs,co; Crossroads $1,201.01 smcs; Crown Awards $147.59 smcs; Culligan $254.50 smcs; Cummins $1,767.64 smcs,co; D&S Lighting $210.00 smcs; Dairy Queen $7.79 smcs; Dannehl's Feed $123.70 smcs; Dawson Co PPD $31,560.95 smcs; Dell $2,914.00 smcs,co; Depository Trust $115,535.00 ds; Development Council $500.00 smcs; Diamond Vogel $239.32 smcs; Divis,M $40.00 smcs; Double M Farms $2,000.00 smcs; DPC $17,374.77 smcs; Dreyer,D $163.40 smcs; Dubs $124.97 smcs; Dutton-Lainson $729.85 smcs,co; Eakes $622.62 smcs; Earl May $191.90 smcs; Eastern Library $60.00 smcs; Easy Picker Golf $60.71 smcs; Ecolab $27.00 smcs; EDM $36.15 smcs; E-Filliate $43.20 smcs; Eileen's $37.25 smcs; Eirich,T $50.00 smcs; Elliott,R $46.50 smcs; Environ Law Institute $123.50 smcs; Environmental Instruments $1,020.00 smcs; Erb,L $36.34 smcs; Expression Wear $447.30 smcs; Fairbanks $126.35 smcs; Fairfield Inn $122.84 co; Farmers Union $529.20 smcs; Fastenal $786.07 smcs; Fiddelke Heating $183.60 smcs; First United Methodist $28.75 smcs; Footjoy $948.65 smcs; Fox Bros Hay $2,716.50 smcs; Fread,R $9.48 smcs; Freburg,N $184.62 ps; Frontier $885.25 smcs; FTD $11.72 smcs; Fyfe,T $33.07 smcs; Galls $253.97 smcs; Gangwish Turf $37.80 smcs; Garrett Tires $1,043.77 smcs; Gas N Shop $11.92 smcs; Gen Traffic Controls $143.42 smcs; General Fire & Safety $335.00 smcs; Gibb,G $29.16 smcs; Giesenhagen,G $71.15 smcs; Girard,W $1.67 smcs; Golf Course Superintendent $300.00 smcs; Golf Smith $396.75 smcs; Gordon's Small Engine $380.34 smcs; Graham Tire $67.76 smcs; Grainger $1,791.67 smcs; Grand Central $9.48 smcs; Great Plains One Call $452.25 smcs; Great Plains Safety $2,600.00 smcs; Great Platte Archway $100.00 smcs; Grupe,B $183.10 smcs; H&H Distributors $1,793.00 smcs; Halco $15.64 smcs; Hastings Ent $95.61 smcs; Hastings Fire $660.00 smcs; Hasty,P $2.41 smcs; Heartland Clerks $20.00 smcs; Heggemeyer,J $13.44 smcs; Hieman $177.45 co; Hilton's Handyman $750.00 co; Hinson,D $14.58 smcs; Hobby-Lobby $256.61 smcs; Holiday $149.59 smcs; Holmes Plumbing $541.10 smcs,co; Hometown Leasing $208.91 smcs; Hong,J $42.12 smcs; Howe,C $10.68 smcs; Hunan $24.07 smcs; ICMA $2,365.95 ps; Industrial Irrigation $340.34 smcs; IRS $87,128.25 ps; Interstate Power $20.66 smcs; Int'l Assoc of Fire Chiefs $680.00 smcs; Intuit $381.25 smcs; Island Supply $581.14 smcs; Jack Lederman $175.33 smcs; Jess,R $17.03 smcs; John Day Co $458.74 smcs; Johnson,S $98.14 smcs; Johnson,S $50.00 smcs; K&K Parts $198.53 smcs; Ky Area United Way $614.36 ps; Ky Concrete $12,902.63 smcs,co; Ky Cycling $11.92 smcs; Ky Hub $95.00 smcs; Ky Implement $411.56 smcs; Ky Wle $40.57 smcs; Kelly Electric $1,837.16 co; Keough,J $163.40 smcs; Killough,A $6.35 smcs; Kirkham Michael $7,434.53 co; Klaus,M $163.40 smcs; Kmart $16.59 smcs; Knox,L $32.52 smcs; Koetters,J $117.94 smcs; Kooyman,R $200.00 ps; Kramer,J $27.90 smcs; Lammert,R $19.56 smcs; Laser Art Design $121.50 smcs; Lathrop,A $133.17 smcs; Laughling,K $360.00 ps; Lawson Products $548.66 smcs; LARM $1,526.00 smcs; Leggott,M $44.11 smcs; Leopold Painting $2,505.00 smcs; Lincoln Truck Center $108.07 smcs; Linweld $247.20 smcs; Little Caesars $208.50 smcs; Little Kings $176.42 smcs; Lockmobile $16.50 smcs; Luke,D $46.50 smcs; Mack Moving $160.00 smcs; Magic Cleaning $250.00 smcs; Mail Express $123.63 smcs; Maines Electric $1,229.75 smcs; Majors,M $10.77 smcs; Manary,M $27.29 smcs; Martensen,A $35.00 co; Martin,P $2.78 smcs; Maverick Books $9.00 smcs; McCollister $899.45 smcs; MDI $547.00 smcs; Menards $1,256.10 smcs,co; MES $941.81 smcs; Meteorlogix $576.95 er; Metlife $3,945.71 ps; Michael Todd $97.64 smcs; Midlands Contracting $208,003.17 smcs,co; Mid-State Engineering $8,111.25 co; Mid-State Units $240.00 smcs; Midway Chrysler $52.69 smcs; Midwest Hug $250.00 smcs; Midwest Turf $92.79 smcs; Miller & Associates $973.10 smcs; Miller Signs $499.80 smcs; Mitchell 1 $447.30 smcs; Morris Press $92.66 smcs; Mosbarger,B $200.00 ps; Mr. Automotive $2,169.51 smcs; MSC Industrial $454.85 smcs; Municipal Supply $2,016.40 smcs; Munson,K $40.00 smcs; Murphy Tractor $533.11 smcs; Musil,J $163.40 smcs; Naden Industries $135.00 smcs; Napa $1,264.34 smcs; Nat’l Hole in One $261.00 smcs; Nat’l Paper Supply $279.64 smcs; Nat’l Public Safety $129.00 smcs; Nat’l Society $18.00 smcs; NWWA $6,614.96 smcs; NE Child Support $1,251.74 ps; NE Dept of Agriculture $115.34 smcs; NE DMV $20.50 co; NE Dept of Revenue $70,331.31 smcs,ps; NE Dept of Roads $318.00 smcs; NE Golf Assoc $508.90 smcs; NE Health & Human Services $35.00 smcs; NE Health Lab $182.00 smcs; NEland Dist. $1,553.40 smcs; NE Municipal Clerks $30.00 smcs; NE State Library $21.00 smcs; NE Truck Center $161.78 smcs; NE Wine & Spirits $88.00 smcs; Need Decals $116.00 smcs; NeRPA $442.00 smcs; NLA/NEMA $160.00 smcs; NMVCA $100.00 smcs; Nogg $1,053.89 smcs; Nordhues,B $13.11 smcs; Norm's Plumbing $254.00 smcs; North,R $18.10 smcs; Northern Tool $98.97 smcs; Northgate Veterinary $88.00 smcs; Northwest Electric $950.65 smcs; Northwestern $2,570.43 smcs; Norton,B $175.00 smcs; NRI Bernzomatic $25.53 smcs; NRPA Housing $144.77 smcs; Office Depot $28.90 smcs; Office Max $89.45 smcs; Officenet $10,727.60 smcs,co; Olympia Petroleum $1,322.85 smcs; On-Site Mobile Sharpening $23.96 smcs; O'Reilly $614.68 smcs; Orscheln $630.22 smcs; Overhead Door $245.45 smcs; Overton Sand $246.00 smcs; Pappas Telecasting $150.00 smcs; Paramount $179.28 smcs; Paul A. Otto Curb Grinding $108.00 co; Paulsen $149,871.60 co; Payflex $378.25 ps; Payne Larson $783.50 smcs; Pepsi-Cola $1,992.40 smcs; Ping $85.98 smcs; Pioneer $27.75 smcs; Pitney Bowes $2,182.00 smcs; Plano Metal $470.08 ps; Platte Valley Comm $752.37 smcs; Pond $131.00 smcs; Portable Comp Systems $16,541.00 co; Presco Sales $304.00 smcs; Presto-X $129.00 smcs; Protex Central $75.00 smcs; Quality Books $9,595.38 smcs; Quill $536.15 smcs; Radio Shack $233.39 smcs,co; Ramada Inns $512.63 smcs; Random House $1,277.60 smcs; Rankin,K $29.08 smcs; Reams $1,679.52 smcs,co; Recorded Books $980.12 smcs; Roadbuilders $1,317.52 smcs; Roman Fountains $190.00 smcs; Roper's Radiator $75.00 smcs; S F Analytical $65.00 smcs; Sahling Kenworth $1,307.06 smcs; Sampson Contractors $1,097.28 smcs; San Pedro $26.70 smcs; Schaub,M $31.25 smcs; Scholastic Library $195.00 smcs; Schroeder,K $2.58 smcs; Schwan's $1,198.76 smcs; See Clear $1,900.00 smcs; Seneca $779.89 smcs; Senior,K $78.16 smcs; Severson,K $41.52 smcs; Shamrock Turf $2,798.71 smcs; Shearer,D $33.34 smcs; Shell Oil $86.40 smcs; Sherwin Williams $466.23 smcs; Shirt Shack $1,984.10 smcs; Shultz,J $20.82 smcs; Sign Center $260.00 smcs; Signwarehouse $75.48 smcs; Simmons Gun $5,482.86 smcs; Sirchie Finger $118.33 smcs; Skeen,L $6.63 smcs; Snap-On Tools $104.53 smcs; Solid Waste Agency $64,973.95 smcs; Solid Waste Equipment $3,701.11 smcs; Starostka $168,196.45 co; Steinbrink's $829.33 smcs; Sterling Distributors $19.64 smcs; Story,G $244.80 smcs; Straptitie $183.18 smcs; Sun Life Financial $20,489.10 smcs; Sunmart $315.02 smcs; Super Shine $24.50 smcs; Sutphen Towers $880.49 smcs; Sydney's $143.64 smcs; SYX Tigerdirect $2,132.09 smcs,co; Target $20.72 smcs; Theis,G $53.00 ps,smcs; Thomas,P $46.62 smcs; Thompson,K $712.10 smcs; Thompson,L $60.00 smcs; Thomson Gale $56.15 smcs; Titelist $1,960.52 smcs; Todd's Flooring $1,805.70 smcs; Tractor Supply $899.28 smcs,co; Tri-City Outdoor $215.71 smcs; Tucker,M $40.00 smcs; Underground Const $60.00 smcs; Union Oil $2,442.38 smcs; United Air $411.31 smcs; United Distillers $143.74 smcs; UNK $25.00 smcs; UPS $22.24 smcs; USA Blue Book $161.85 smcs; USPS $86.26 smcs; Van Diest $775.08 smcs; Vaughn,J $24.18 smcs; Vermiere,D $11.36 smcs; Verzal,B $4.48 smcs; Vessco $370.28 smcs; Video Service of America $225.00 co; Village Uniform $450.70 smcs; Walgreen $13.83 smcs; Wal-Mart $1,873.90 smcs,co; Warped Sportz $60.00 smcs; Washington State Support $102.00 ps; Weiss Ratings $227.95 smcs; Wellman,P $8.45 smcs; Wessels,W $222.33 smcs; West Publishing $852.60 smcs; Whispering Pines $22.72 smcs; Wilke Contracting $345.00 smcs; Wilke Donovans $337.07 smcs,co; Winchester,B $28.00 smcs; Winning Edge $307.32 smcs; Wise,N $55.00 smcs; Xerox $359.85 smcs,co; Xrefer Limited $2,250.00 smcs; Yanda's $136.00 smcs; Yankee Hill $2,700.00 co; Young's $362.75 smcs; Zach,J $6.05 smcs; Zurich $1,195.00 smcs; Payroll Ending 09-03-2005 -- $259,027.32. 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. Approve the application for a Special Designated License submitted by Bucky’s Convenience Store in connection with their Class D-60618 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion Building at the Buffalo County Fairgrounds, 3807 Avenue N, on October 22, 2005 from 5:00 p.m. until 1:00 a.m. for a wedding dance/reception subject to the City receiving the required Certificate of Insurance.

4. Accept the report from the City Clerk on the insufficiency of objections/protests received in connection with Ordinance No. 7193 creating Paving Improvement District No. 2005-903 for Avenue N from the south lot line of Lot 4 of Block 2, Stoneridge Third Addition, and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,465.92± feet and to proceed with the district.

5. Approve the Agreement between the City of Kearney and the Law Firm of Tye & Rademacher for legal services as City Attorney and approve Resolution No. 2005-151.

RESOLUTION NO. 2005-151

WHEREAS, with the retirement of Michael Kelley as City Attorney, it is necessary that the City of Kearney maintain legal services/representation; and

WHEREAS, the City solicited interest from qualified local law firms for providing said legal services; and

WHEREAS, City staff is recommending the Law Firm of Tye & Rademacher, and specifically Michael J. Tye as City Attorney, effective September 15, 2005 to provide legal services to the City of Kearney as outlined in the Agreement for Legal Services, marked as Exhibit “A”, 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, that the Mayor be and is hereby authorized and directed to execute the Agreement for Legal Services between the City of Kearney, Nebraska and the Law Firm of Tye & Rademacher for services as outlined in said Agreement.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

6. Approve the request submitted by the Kearney Family YMCA to conduct the Turkey Trot on November 24, 2005 beginning at 9:00 a.m. The route for the 2-Mile Run/Walk is to begin/finish at the YMCA, south on 6th Avenue, west on 35th Street, south on 5th Avenue, northwest through Harmon Park to 29th Street, north on 29th Street, west to 33rd Street, north to YMCA. The route for the 5-Mile Run is to begin/end at YMCA, south on 6th Avenue, east to 33rd Street, south on 5th Avenue, west on 26th Street through Campus, north on 15th Avenue, west on hike/bike trail, north on Country Club Lane, east on 35th Street, north on 11th Avenue, east on 39th Street, north to YMCA.

7. Approve the Agreement with The S.A.F.E. Center to block off the parking lot located north of the Museum of Nebraska Art on October 18, 2005 beginning at 5:00 p.m. until 10:00 p.m. for their 9th Annual Candlelight Vigil.

8. Approve the request submitted by Linda Shaw on behalf of Uptown Art Festival to use the sidewalks on Central Avenue from 25th Street to Railroad Street for the display of art on October 8, 2005.

9. Approve Change Order No. 1 showing an increase in the amount of $3,948.04 submitted by BSB Construction 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. 2005-152.

RESOLUTION NO. 2005-152

WHEREAS, BSB Construction has performed services in connection with the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $3,948.04 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum

$453,437.25

Change Order No. 1 (9-13-2005)

+ 3,948.04

New Contract Sum

$457,385.29

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”, be and are hereby accepted and approved.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

10. Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class DK-61563 catering liquor license to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument, 3060 East 1st Street, on October 1, 2005 from 5:00 p.m. until 1:00 a.m. for a Class Reunion.

V. CONSENT AGENDA ORDINANCES

ORDINANCE NO. 7204 – CREATE PAVING DISTRICT NO. 2005-907

Mayor Hadley stated he has received some dialogue from some of the owners, and want to explain the process of the creation of the paving district. When the City receives a request from a property owner, the City creates the district by ordinance which starts the process. On Wednesday, the Ordinance and Notice of Creation will be mailed to the property owners which allow them the opportunity to either protest the district or allow the district to move forward. If the owners of record title representing more than 50% of the front footage of the property abutting the alley file a written objection with the City Clerk within 20 days from Friday, September 16th, then the work will not be done.

Council Member Kearney introduced Ordinance No. 7204, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2005-907 for the alley lying between 24th Street and 25th Street and 5th Avenue and 6th Avenue, 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, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7204 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Lear seconded by Buschkoetter that Ordinance No. 7204 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7204 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 7205 – REPEAL ORDINANCE NO. 7196 AND RE-CREATE PAVING DISTRICT NO. 2005-904A

Council Member Kearney introduced Ordinance No. 7205, being Subsection 2 of Agenda Item V to repeal Ordinance No. 7196 and to re-create Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet to correct the legal description, 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, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7205 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Lear seconded by Buschkoetter that Ordinance No. 7205 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7205 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 7206 – AMEND CHAPTER 2 OF THE KEARNEY CITY CODE

Council Member Kearney introduced Ordinance No. 7206, being Subsection 3 of Agenda Item V to amend Chapter 2 ”Airports and Aviation” of the Kearney City Code as follows: Section 2-101 “Definitions”, Section 2-102 “Management Generally”, Section 2-103 “Airport Guards”, Section 2-104 “Applications of Code; Police Authority”, Section 2-105 “Permit Required for Commercial Operations”, Section 2-108 “Rules and Regulations; Noise Restricted, Dropping Objects Prohibited”, Section 2-109 “Rules and Regulations; Access to Airport Lands and Buildings”, and Section 2-110 “Smoking Prohibited” to delete any reference to the Kearney Municipal Airport Corporation and to clarify the language, 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, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7206 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Lear seconded by Buschkoetter that Ordinance No. 7206 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7206 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

ORDINANCE NO. 7207 – REZONE NORTH OF 27TH STREET AND EAST OF 2ND AVENUE

Council Member Buschkoetter introduced Ordinance No. 7207, being Subsection 1 of Agenda Item VI to rezone from “District R-2, Urban Residential Mixed Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 7 and 8, Perkins and Harford’s Strip Addition, the west six feet of Lot 249, all of Lots 248 and 329, Southwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (north of 27th Street and east of 2nd Avenue), 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 Hadley 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. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7207 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. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Hadley seconded by Kearney that Ordinance No. 7207 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7207 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 7208 – REZONE NORTH OF 50TH STREET AND WEST OF 22ND AVENUE

Mayor Hadley stated that Ordinance No. 7208 has been withdrawn by the applicant and no action will be taken on that item.

ORDINANCE NO. 7209 – REZONE WEST OF INTERSECTION OF EASTBROOKE DRIVE AND AVENUE N

Council Member Buschkoetter introduced Ordinance No. 7209, being Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 8.19 acres, more or less, Buffalo County, Nebraska AND from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed Density District” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.56 acres, more or less, Buffalo County, Nebraska (380± feet west of the intersection of Eastbrooke Drive and Avenue N), 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 Hadley 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. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7209 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. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Hadley seconded by Kearney that Ordinance No. 7209 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7209 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 7210 – VACATE PORTION OF BROWN’S ADDITION

Council Member Buschkoetter introduced Ordinance No. 7210, being Subsection 4 of Agenda Item VI to vacate Lots 1 and 2, Brown’s Addition to the City of Kearney, Buffalo County, Nebraska (north of 19th Street between Avenue A and Avenue B), 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 Hadley 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. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7210 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. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Hadley seconded by Kearney that Ordinance No. 7210 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7210 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 7211 – VACATE PORTION OF FREDERICK’S ADDITION

Council Member Buschkoetter introduced Ordinance No. 7211, being Subsection 5 of Agenda Item VI to vacate Lot 1, Frederick’s Addition to the City of Kearney, Buffalo County, Nebraska (south of 13th Street and west of Avenue M), 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 Hadley 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. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7211 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. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Hadley seconded by Kearney that Ordinance No. 7211 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7211 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 7212 – AMEND SECTION 49-103 OF KEARNEY CITY CODE

Council Member Buschkoetter introduced Ordinance No. 7212, being Subsection 6 of Agenda Item VI to amend Section 49-103 “Schedule of Off-Street Parking Requirements” of Chapter 49 “Off-Street Parking” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to amend Table 49-1: Minimum Off-Street Parking Requirements to include a provision under commercial use types to allow one space per 200 square feet for general retail services 50,000 square feet or less, one space per 250 square feet for general retail services 50,001 to 100,000 square feet, and one space for 300 square feet for general retail services 100,001 square feet or larger, 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 Hadley 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. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7212 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. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Hadley seconded by Kearney that Ordinance No. 7212 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7212 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 7213 – ADOPT 2005-2006 BUDGET

Council Member Buschkoetter introduced Ordinance No. 7213, being Subsection 7 of Agenda Item VI to adopt the City of Kearney Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities, 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 Hadley 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. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7213 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. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Hadley seconded by Kearney that Ordinance No. 7213 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7213 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.

INCREASE BUDGET AUTHORITY ADDITIONAL ONE PERCENT

Mayor Hadley opened for discussion allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $62,354.91 which will be carried over to the 2005-2006 budget as “Unused Budget Authority” and to consider approval of Resolution No. 2005-153.

Director of Finance and Administration Wendell Wessels presented this matter to the Council. The Nebraska Legislature enacted LB 989, which provides for a new overall budget limitation on certain restricted funds. LB 989 imposes a limitation on the growth of certain restricted funds of 2½% plus a factor for growth, if any. Additionally, the 2½% limitation may be exceeded by an additional 1% upon an affirmative vote of at least 75% of the governing body.

The City of Kearney does not need the additional 1% allowed under LB 989 for the 2005-2006 budget; however, passage of the resolution will allow the City to increase its “Budget Authority” by $62,354.91. The $62,354.91 of additional “Budget Authority” will not be used in the 2005-2006 budget; however, the $62,354.91 of additional “Budget Authority” will be carried over to the 2006-2007 budget as “Unused Budget Authority” and will then be available for the 2006-2007 budget, if needed.

Moved by Kearney seconded by Lear to allow the City of Kearney to increase its “Budget Authority” by an additional one percent or $62,354.91 which will be carried over to the 2005-2006 budget as “Unused Budget Authority” and approve Resolution No. 2005-153. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-153

WHEREAS, on April 2, 1998 the Nebraska Legislature passed and approved LB 989 which imposes a two and one half percent lid on certain restricted funds for local governments; and

WHEREAS, Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, allows governmental units to exceed the two and one half percent limit as provided in Neb. Rev. Stat. Section 13-519.01, (R.R.S. 1943), as amended, by up to an additional one percent upon the affirmative vote of at least seventy-five percent of the governing body; and

WHEREAS, the mayor and City Council of the City of Kearney Nebraska hereby finds and determines that it is in the best interests of the City of Kearney that the City of Kearney exceed the limit as provided in Neb. Rev. Stat. Section 13-519.01, (R.R.S. 1943), as amended, by an additional one percent as allowed pursuant to Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that the City of Kearney exceed the limit as provided in Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, by an additional one percent.

BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if ordinances and resolutions in conflict herewith are hereby repealed.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2005.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

ORDINANCE NO. 7214 – REPEAL ORDINANCE NO. 7117 AND APPROVE SALARY ORDINANCE

This ordinance repeals Ordinance No. 7117 which is 2004-2005 Annual Personnel Ordinance. It will set the 2005-2006 Pay Policy which included job classifications, pay grades and pay ranges. Passage of the Personnel Ordinance is done on an annual basis in conjunction with the budget process

Council Member Lear introduced Ordinance No. 7214, being Subsection 9 of Agenda Item VI to repeal Ordinance No. 7117 and classify the officers and employees of the City; fix the ranges of compensation of such officers and employees; establish the hours and work period for overtime eligibility; provide for payments of clothing and/or uniform allowances; and provide for payment of vehicle allowance, 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 Buschkoetter 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. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7214 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. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7214 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7214 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.

AWARD OF KENO FUNDS

Mayor Hadley opened for discussion the recommendation submitted by the Kearney Keno Committee on the allocation on non-departmental keno funds designed for outside agencies.

Director of Finance and Administration Wendell Wessels presented this matter to the Council. On July 28, 2005 City Administration met with the Keno Application Advisory Committee to review the 2005-2006 Keno Applications. This Committee has met for many years to review and make recommendations to the Kearney City Council relative to application awards. The four citizens on the Committee have been involved with groups such as United Way, Kearney Area Community Foundation, and other local charities over the years. The Committee is charged with making recommendations to the Council on the ten percent of available funds that is awarded to non-City applications.

The following is a list of all the applications that were submitted to the City for keno grant consideration:

	Amount	Committee
Applicant	Requested	Recommendation
Kearney Public Library & Information Center	469.80	469.80
Kearney Public Library & Information Center	500.00	500.00
Kearney Public Library & Information Center	750.00	0.00
Kearney Public Library & Information Center	1,250.00	0.00
Kearney Area Community Foundation	1,399.00	1,399.00
Kearney Area Community Foundation	2,000.00	2,000.00
Goodwill Industries of Greater Nebraska	2,000.00	2,000.00
Kearney Visitors Bureau	2,500.00	2,000.00
Buffalo County Historical Society/Trails & Rails	2,851.96	800.00
University of Nebraska Board of Regents	3,256.74	3,256.74
Museum of Nebraska Art	3,800.00	3,800.00
Kearney Area Chamber of Commerce	4,000.00	0.00
Kearney Area Chamber of Commerce	5,000.00	2,500.00
Kearney Young Life	7,121.97	2,233.00
Kearney Area Humane Society	30,000.00	10,000.00
City of Kearney - Administration	280,000.00	280,000.00
	346,899.47	310,958.54

Available - City (90%)	280,103.90
Available - Others (10%)	31,122.65
Total Available	311,226.55

The Committee reviewed, evaluated, and spent a considerable amount of time discussing their understanding of the applications and various factors related to awarding an application. While the Committee felt one non-City project was worthy, it did not fit the program guidelines and was not recommended for funding. The group formulated recommendations on awarding funding for at least a portion of ten of the eleven non-City applications. The Committee also recommended funding for two Library applications.

Moved by Hadley seconded by Kearney to approve the recommendation submitted by the Kearney Keno Committee on the allocation on non-departmental keno funds designed for outside agencies. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

2006-2011 LONG RANGE GOALS

Mayor Hadley opened for discussion the City of Kearney 2006-2011 Long Range Goals.

Director of Finance and Administration Wendell Wessels presented this matter to the Council. The City of Kearney annually prepares an Annual Goals, Long Range Goals, and Capital Improvement Plan (the Plan). A variety of sources are utilized to generate the Plan. City Council suggestions, citizen input, department head and employee ideas, as well as needs identified by consultants are a few of the sources. Federal or state mandates may also generate goals that the City has to meet. All of this information is reviewed and the Plan is prepared and presented to the City Council. The Plan was initially presented to the Council at a retreat held at the new Fire Department training/storage building located at the Airport on April 19, 2005.

Development of the Plan is one of the first steps in preparing the budget that is on this Council agenda. The Plan includes projects that the City would like to complete over the next five years. The budget document is prepared with these projects in mind.

Moved by Kearney seconded by Lear to adopt the City of Kearney 2006-2011 Long Range Goals. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

AGREEMENT WITH KEEP NEBRASKA BEAUTIFUL

Mayor Hadley opened for discussion the Agreement with Keep Nebraska Beautiful to place a modular storage facility at the Kearney Area Recycling Center for the collection and temporary storage of household hazardous waste and to consider approval of Resolution No. 2005-154.

Director of Utilities Kirk Stocker presented this matter to the Council. Development of the Plan is one of the first steps in preparing the budget that is on this Council agenda. The Plan includes projects that the City would like to complete over the next five years. The budget document is prepared with these projects in mind.

Keep Nebraska Beautiful has agreed to purchase a modular hazardous waste storage building, the concrete for the building foundation and various other equipment and supplies that will be required to the process waste. The City will furnish the labor to construct the footings for the building, the electric supply to the building and our existing employees will receive and process the waste. The City will also keep records and report the volume of waste collected to Keep Nebraska Beautiful so that they can satisfy the Environmental Trust grant reporting requirements.

This is an excellent opportunity for the City of Kearney and the residents of Buffalo County. We are already collecting household hazardous waste from residents. We have not promoted the collection of household hazardous waste as widely as we could have because we have not had an adequate facility to store the waste until it can be collected by a licensed contractor for delivery to an approved disposal site.

Funds are available in the budget for the City’s portion of the project. The quotes received for the concrete for the building footings and to hire an electrician to install the electrical service to the building do not exceed $16,000.00. The modular storage building provided by Keep Nebraska Beautiful will be the City’s at the end of the grant period and is valued at $45,000.00.

Moved by Lear seconded by Buschkoetter to approve the Agreement with Keep Nebraska Beautiful to place a modular storage facility at the Kearney Area Recycling Center for the collection and temporary storage of household hazardous waste and approve Resolution No. 2005-154. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

RESOLUTION NO. 2005-154

WHEREAS, Keep Nebraska Beautiful has received a grant from the Nebraska Environmental Trust to establish a pilot program for communities to collect and temporarily store household hazardous waste; and

WHEREAS, Keep Nebraska Beautiful has agreed to purchase a modular hazardous waste storage building, the concrete for the building foundation and various other equipment and supplies that will be required to process waste; and

WHEREAS, the City of Kearney has agreed to furnish the labor to construct the footings for the building, the electrical supply to the building, and City employees will receive and process the waste.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement on behalf of the City of Kearney. A copy of said Agreement, marked Exhibit “A”, is attached hereto and made a part hereof by reference.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2005.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

OPEN ACCOUNT CLAIMS NEBRASKA PUBLIC POWER DISTRICT - $81,244.09; FREMONT NATIONAL BANK - $33,123.66; SCHOOL DISTRICT #7 - $1,559.35

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $81,244.09 payable to Nebraska Public Power District and in the amount of $33,123.66 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $1,559.35 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Lear, Kearney. Nay: None. Clouse and Buschkoetter abstained. Motion carried.

VII. REPORTS

FAREWELL COMMENTS TO AND FROM CITY ATTORNEY

Mayor Hadley recognized City Attorney Michael Kelley for his 29 years of service with the City. He congratulated him on his retirement and said that he had done an excellent job and his work for the City was very much appreciated

Mr. Kelley thanked the citizens of Kearney and the Council for the honor and privilege of having served the City. He wanted them to know that he has been very proud and honored to say that he was the Kearney City Attorney. There were times when he was sitting in meetings with City Attorneys from San Diego or Minneapolis and he always felt that he had the “better deal”. He stated that the people, who know him, know how much he cares about Kearney and Nebraska. He wished everyone “God speed”.

VIII. ADJOURN

Moved by Kearney seconded by Lear that Council adjourn at 8:52 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

MICHAELLE E. TREMBLY

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

MICHAELLE E. TREMBLY

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

MICHAELLE E. TREMBLY

ATTEST: GALEN D. HADLEY

PRESIDENT OF THE COUNCIL

MICHAELLE E. TREMBLY

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