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Kearney, Nebraska

March 13, 2007

7:00 p.m.

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on March 13, 2007, in the Council Chambers at City Hall. Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None. Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; Lance Lang, City Planner; and Julie Steffensmeier, Administrative Assistant were also present. Some of the citizens present in the audience included: Mitch Humphrey, Paul Brungardt, Steve England, Carolyn Donahoo, Chris Riha, Kirby Anderson, Jim Anderson, Bruce Grupe, Neal Lewis, Mike Konz from Kearney Hub, Paul Wice from KGFW Radio.

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

I. ROUTINE BUSINESS

INVOCATION

Reverend Doug Shada from Cornerstone Berean Church provided the Invocation.

PLEDGE OF ALLEGIANCE

Three Boy Scouts from Troop 158 led the Council members and audience in the Pledge of Allegiance.

ANNOUNCEMENT

Mayor Clouse announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

ORAL COMMUNICATIONS

There was no Oral Communications.

II. UNFINISHED BUSINESS

There was no Unfinished Business.

III. PUBLIC HEARINGS

FINAL PLAT – BRANDT-WHITNEY ADDITION

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Greg Brandt Investments, LLC (Owner) for final plat approval for “BRANDT-WHITNEY ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lots 7 through 12 inclusive of Block 24, together with the vacated south half of 15th Street abutting said Lot 12 on the north, except the east 8 feet of said Lots 7 through 12 inclusive of Block 24, all in Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (east of 10th Avenue between 14th Street and 15th Street) and to consider approval of Resolution No. 2007-32.

Planning Commission recommended approval.

City Planner Lance Lang presented this matter to the Council. The applicant is requesting approval to plat a tract of land consisting of five lots totaling a little over one acre or approximately 8,500 square feet per lot. The property is located east on 10th Avenue and north of 14th Street. The property is zoned Urban Residential Single-Family Dwelling District (Low Density).

Lots 7 through 12 of Block 24, Kearney Land and Investment Company’s Choice Addition must be vacated so that the lot lines can be adjusted to create the new subdivision. In essence, six existing lots will be vacated and replatted into five new lots. There is an existing house on proposed Lot 5 that will remain. All improvements are in place to serve the lots.

Mitch Humphrey from Buffalo Surveying stated the proposal is to take the lots that are there and create fewer building tracts so that the lots would be more desirable for building. The south lot has an existing house on it and they will plat a lot around it that will meet current codes about the size it needs to be.

Council member Buschkoetter asked how redrawing the lines would make these lots more desirable. Mr. Humphrey responded that these lots are platted to be 50 feet wide in this neighborhood and the City Code requires 65 feet. Most homeowners want to build on a lot that is wider so they can include a one or two car garage.

There was no one present in opposition to this hearing.

Moved by Kearney seconded by Lammers to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Greg Brandt Investments, LLC (Owner) for final plat approval for “BRANDT-WHITNEY ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lots 7 through 12 inclusive of Block 24, together with the vacated south half of 15th Street abutting said Lot 12 on the north, except the east 8 feet of said Lots 7 through 12 inclusive of Block 24, all in Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (east of 10th Avenue between 14th Street and 15th Street) and approve Resolution No. 2007-32. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

RESOLUTION NO. 2007-32

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “BRANDT-WHITNEY ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lots 7 through 12 inclusive of Block 24, together with the vacated south half of 15th Street abutting said Lot 12 on the north, except the east 8 feet of said Lots 7 through 12 inclusive of Block 24, all in Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska, 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 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 MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

DEVELOPMENT PLANS FOR KEARNEY CINEMA AT 300 3RD AVENUE

Mayor Clouse opened the public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Ess of Kay, Inc. (Owner) for Planned District Development Plan Approval for the construction of a movie theater complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District and “District M-1/PD, Limited Industrial District/Planned Development Overlay District” and described as a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 8.05 acres, more or less, Buffalo County, Nebraska (300 3rd Avenue) and to consider approval of Resolution No. 2007-33.

Planning Commission recommended approval of the Redevelopment Plans for this property as presented, recognizing that the Final Plat, Subdivision Agreement and the agreement for emergency access must be submitted to the City in the future and reviewed and approved by the Planning Commission and City Council before any construction can commence.

City Planner Lance Lang presented this matter to the Council. The development team is requesting approval to redevelop a parcel of land formerly occupied by Clyde and Vi’s Campground at 300 3rd Avenue. The proposed use is an eight-screen state of the art movie theatre. There has been some press coverage of this project and a presentation to the Planning Commission and City Council regarding Tax Increment Financing for this project. Staff and the CRA officials expressed some concerns regarding the traffic accessibility and traffic flow in this area. This property is located in the Community Redevelopment Authority (CRA) Redevelopment Area # 8.

Last month the development team and the CRA presented the plan for TIF funding, which includes:

· A traffic study that is being funded by the CRA. The scope of the traffic study has been expanded to investigate potential crossing points along the North Channel of the Platte River (Turkey Creek) based on discussion at last month’s meeting.

· $450,000 of TIF funding is earmarked for eligible public expenses to develop the theatre project.

· $250,000 has been allocated from various sources to fund the traffic improvements that will result from the findings of the traffic study with the projected emphasis on the intersections of 2nd Avenue and 4th Street and 3rd Avenue and 4th Street.

This project requires approval of subdivision plats and redevelopment plans. Last month the development team stated that the required plans and documentation would be submitted for the project to move forward, and they have submitted the Preliminary Plat and Redevelopment Plans; however, there are still two critical components that need to be submitted, reviewed and approved in the future by the Planning Commission and City Council even if the items on this agenda are approved.

1) The Final Subdivision Plat.

2) An executed agreement between the developer and adjacent private property owner(s) for a perpetual emergency access easement over the private property providing access to this site for emergency vehicles.

The Preliminary Plat was approved by Planning Commission on February 16, 2007 and does not proceed to Council. The Final Plat is on the Planning Commission agenda for March 16 which means that it will come before the Council in April, assuming there are no unforeseen delays. Along with the Final Plat will be a Subdivision Agreement and an Emergency Access Agreement. If either of these agreements are not completed and executed prior to the Council hearing the project will be tabled.

With regard to Redevelopment Plans:

a) The existing buildings, swimming pool, underground waste collection tanks, and other improvements on the site will be demolished and removed.

b) The proposed use of the property that is under redevelopment consideration is for a 22,000 square foot eight-screen movie theatre complex. The building will be located towards the east end of the site as the west end is unsuitable for foundations due to unstable fill but is being used for parking.

c) Portions of the site are in the 100-year floodplain and the lowest floor elevation must be one foot above the base flood elevation to meet FEMA requirements. None of the proposed improvements, including parking, extend into the floodway.

d) 323 off-street parking spaces are required by Code and the applicant is providing 324 spaces.

e) The existing north-south 3rd Avenue will be extended on to the site and terminated in a cul-de-sac bulb sufficient for large trucks to turn around. Internal drives will provide circulation through the parking lot.

f) The Subdivision Agreement will address the extension of 3rd Avenue and the cul-de-sac bulb and the construction of required fire hydrants.

g) As previously mentioned, an emergency vehicle access is required to traverse private property to the north providing access to the site. Final location of this access will be shown on the Final Plat in accordance with the executed access agreement.

h) Storm drainage will flow to the existing sand pit to the southwest of the building.

i) The facility can be served by municipal water and sanitary sewer. Fire hydrants are provided as required.

j) The development team is working on a possible footbridge connection from the hike‑bike trail over the creek to the facility for people that may want to walk from a nearby motel room or ride a bike from across town.

k) A Landscape Plan is provided.

l) The location and size of the trash collection area shall be coordinated with the Utilities Department.

This project promises to be an exciting addition to the hospitality area of the south gateway into Kearney. City Administration looks forward to receiving the final documentation for this project in the future.

Paul Brungardt from Brungardt Engineering, 1840 East Highway 30 stated this is the proposal for the south movie complex to be located on the former Clyde and Vi’s Campground on 3rd Avenue. They want to install a 22,000 square foot building with eight movie theaters. After doing more research, they found they will need to include the entire site to accommodate parking lot needs. For a building with this much footage, 322 parking stalls are required. They have come up with a site plan of 324 parking stalls. The parking lot will surround the entire lake on the north side. Since this is the floodway of the North Channel of the Platte River they cannot be developing anything south of the trail. The City already has sanitary sewer and water running down 3rd Avenue which they will tap into. The City and the developer have come to an agreement to add a few more fire hydrants around the area to improve the fire suppression system. Since 3rd Avenue stops at the northeast corner of this property, a larger cul-de-sac will be included under an infrastructure agreement. The building will be located primarily in the northeast corner. They have agreed to put the dike back in which separates the Channel from the lake and use the lake as the detention cell for surface drainage. They will control the outflow with an outlet pipe down into the canal.

After talking with the City, it was determined because of the size of the building and the location they need to gain a secondary access (emergency access only), they have received written agreement letters from the three property owners. They have shown the proposed location to the City and Fire Administrator and all verbally have agreed this is the best solution that can be had. They will not have any affect on the parking for the donut shop and will gain a new access point onto 4th Avenue. This emergency access road will have a concrete or crushed concrete surface with breakaway gates on each side.

Council member Lammers asked if there was some concern about the type of fill on the west side of this property. Mr. Brungardt stated they had an environmental assessment done in the last two weeks. It was determined that the majority of that fill is old construction site rubble, rock and debris materials. It does not present any environmental concerns and since it borders the parking lot, it is good way to cap that material.

There was no one present in opposition to this hearing.

Moved by Lammers seconded by Lear to close the hearing and approve the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Ess of Kay, Inc. (Owner) for Planned District Development Plan Approval for the construction of a movie theater complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District and “District M-1/PD, Limited Industrial District/Planned Development Overlay District” and described as a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 8.05 acres, more or less, Buffalo County, Nebraska (300 3rd Avenue) and approve Resolution No. 2007-33 subject to compliance with the following conditions: (1) the Final Plat, along with the Subdivision Agreement, shall be submitted and approved by Planning Commission and City Council prior to commencing any work at the site; and (2) a copy of an executed Emergency Access Agreement between the developer and adjacent private property owner(s) for a perpetual emergency access easement over the private property providing access to this site for emergency vehicles shall be provided to the City prior to commencing any work at the site. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

RESOLUTION NO. 2007-33

WHEREAS, Paul Brungardt from Brungardt Engineering (Applicant) for Ess of Kay, Inc. (Owner) has applied for Planned District Development Plan Approval for the construction of a movie theatre complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and “District M-1/PD, Limited Industrial District/Planned Development Overlay District” and described as a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Assuming the east line of said Section 11, Township 8 North, Range 16 West as bearing north and all bearings contained herein are relative thereto; referring to the East Quarter corner of said Section 11; thence south on the east line of said Section 11 a distance of 312.45 feet; thence S89°45’W a distance of 57 feet to the Actual Place of Beginning; thence continuing on the last described course a distance of 196.96 feet; thence S88°30’W a distance of 816.5 feet to a ¾“ gas pipe on the existing northerly high bank of the North Channel of the Platte River; thence downstream along the sinuosities of said northerly high bank S34°19’E a distance of 145.3 feet; thence S11°57’E a distance of 93.7 feet; thence S38°55’E a distance of 63.4 feet; thence S54°49’E a distance of 79.5 feet; thence S73°02’E a distance of 95.5 feet; thence S78°11’E a distance of 89.6 feet; thence S67°45’E a distance of 235.0 feet; thence N69°22’E a distance of 86.1 feet; thence N75°07’E a distance of 143.45 feet; thence N74°50”E a distance of 198.24 feet to a point, said point being 57 feet west of the east line of said Section 11; thence north a distance of 345.2 feet to the place of beginning, containing 8.05 acres, more or less, all in Buffalo County, Nebraska (300 3rd Avenue).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Paul Brungardt from Brungardt Engineering (Applicant) for Ess of Kay, Inc. (Owner) for District Planned Development Plan Approval for the construction of a movie theatre complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and “District M-1/PD, Limited Industrial District/Planned Development Overlay District” and described as a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Assuming the east line of said Section 11, Township 8 North, Range 16 West as bearing north and all bearings contained herein are relative thereto; referring to the East Quarter corner of said Section 11; thence south on the east line of said Section 11 a distance of 312.45 feet; thence S89°45’W a distance of 57 feet to the Actual Place of Beginning; thence continuing on the last described course a distance of 196.96 feet; thence S88°30’W a distance of 816.5 feet to a ¾“ gas pipe on the existing northerly high bank of the North Channel of the Platte River; thence downstream along the sinuosities of said northerly high bank S34°19’E a distance of 145.3 feet; thence S11°57’E a distance of 93.7 feet; thence S38°55’E a distance of 63.4 feet; thence S54°49’E a distance of 79.5 feet; thence S73°02’E a distance of 95.5 feet; thence S78°11’E a distance of 89.6 feet; thence S67°45’E a distance of 235.0 feet; thence N69°22’E a distance of 86.1 feet; thence N75°07’E a distance of 143.45 feet; thence N74°50”E a distance of 198.24 feet to a point, said point being 57 feet west of the east line of said Section 11; thence north a distance of 345.2 feet to the place of beginning, containing 8.05 acres, more or less, all in Buffalo County, Nebraska (300 3rd Avenue) be approved subject to compliance with the following conditions:

1. the Final Plat, along with the Subdivision Agreement, shall be submitted and approved by Planning Commission and City Council prior to commencing any work at the site.

2. a copy of an executed Emergency Access Agreement between the developer and adjacent private property owner(s) for a perpetual emergency access easement over the private property providing access to this site for emergency vehicles shall be provided to the City prior to commencing any work at the site.

PASSED AND APPROVED THE 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

CONDITIONAL USE PERMIT – VIAERO WIRELESS; 1920 WEST 24TH STREET

Mayor Clouse stated the applicant has requested to table until March 27, 2007 the public hearing on the Application submitted by NE COLORADO, INC., dba “Viaero Wireless” (Applicant) and ZAN, LLC (Owner) for a Conditional Use Permit to construct and locate a retail store, 195-foot self-supporting telecommunications tower, backup generator, and a 9’x15’x8.5’ building to house supporting electronic hardware on property located at 1920 West 24th Street.

Moved by Lear seconded by Buschkoetter to table until March 27, 2007 the hearing on the Application submitted by NE COLORADO, INC., dba “Viaero Wireless” (Applicant) and ZAN, LLC (Owner) for a Conditional Use Permit to construct and locate a retail store, 195-foot self-supporting telecommunications tower, backup generator, and a 9’x15’x8.5’ building to house supporting electronic hardware on property located at 1920 West 24th Street. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

AMENDMENTS TO OFFICIAL ZONING MAP

Mayor Clouse opened the public hearing on the proposed amendments to the Official Zoning Map of the City of Kearney to correct errors on the map and update the zoning of certain parcels described as follows and to consider approval of Resolution No. 2007-34:

Lot 7 of Block 1, Pollats Ponderosa from District RM, Mobile Home Residential District to District RR-1, Rural Residential District (Rural Standards);
All of Block 48; Lots 7, 8, 9, 10, 11, 12 of Block 49; Lots 7, 8, 9, 10, 11, 12 of Block 50; all of Block 55, Midway Land Company’s East Lawn Addition AND a tract of land located in the Southeast Quarter of the Southwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., and including that portion of 27th Street from Grand Avenue to Avenue T; Avenue R, Avenue S, Avenue T running north and south and running north of 27th Street to the half block line of Block 49 and 50, except Heartland 4th Subdivision from District M-1, Limited Industrial District to District RM, Mobile Home Residential District;
Lot 10 of Block 42, including the railroad right-of-way abutting the west side of said lot, Lots 1, 7, 8 of Block 45, including the railroad right-of-way abutting the west side of said lots, all of Blocks 46 and 47, Midway Land Company’s East Lawn Addition from District RM, Mobile Home Residential District to District M-1, Limited Industrial District;
Lot 1010, Original Town of Kearney Junction from District M-1, Limited Industrial District and District R-2, Urban Residential Mixed-Density District to District M-2, General Industrial District;
Lots 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15 of Block 25, Whitaker’s Grove Addition from District R-1, Urban Residential Single-Family District to District M-1, Limited Industrial District;
Lots 1, 2, 3, 4, 5, 6 of Block 1; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 of Block 2, Evans Subdivision from District RM, Mobile Home Residential District to District R-1, Urban Residential Single-Family District;
Lots 1, 2, 3, 4, 5, 6, Fredericks Fourth Addition from District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District to District R-1, Urban Residential Single-Family District (Low Density).

Planning Commission recommend approval of the proposed zoning map amendments as presented with the exception of Lot 7, Block 1 of Pollatt’s Ponderosa.

City Planner Lance Lang presented this matter to the Council. The proposed amendments to the Official Zoning Map of the City of Kearney are an internal “housekeeping” issue to correct some errors that were discovered and to change some zoning designations based on the current use of certain properties. Recently, an error on the electronic version of the officially adopted map was noticed. The property owner had previously taken all the right steps and gone through the process to have the property rezoned, that rezoning was approved, but somehow the zoning is shown incorrectly on the current map. When City staff decided it was prudent to correct the error it was also decided to check the entire City jurisdiction to check for any further undetected errors. During that process some properties were discovered that are already fully developed but the zoning designation does not match the current use of the land. In these cases, the problem isn’t so much an error as simple oversight in never having changed the zoning as the land developed differently.

Notification letters were sent to each of the property owners of record informing them of the proposed change in zone and the date, time, and location of the hearings before the Planning Commission and City Council should they like to speak to this proposal. The City offices have received several calls from the owners and the City Planner and Public Works Assistant have provided additional explanation of the situation. One commonly asked question has been in regards to affect on property valuation and taxes. A phone call to the Buffalo County Assessor’s office confirmed that the action taken to change the zone will not affect the valuation or the taxes of these properties either up or down. The valuation is based on what physical improvements exist on developed property and these parcels are developed. Therefore, in the eyes of the assessor, what you see is what the taxes are based on, not the zoning category.

In general, the areas affected are two industrial properties near the Avenue M overpass, industrial property at the Peavey elevator, a portion of Valley View Trailer Court, and a residential area north of 11th Street around Avenue I and Avenue K known as Evans Subdivision.

The owner of the property in Pollatt’s Ponderosa, Lot 7, Block 1 has requested that his property be removed from the list as he is out of town for several months. The zoning implications of this single residential lot are minor and staff has conceded to remove it from the list.

There was no one present in opposition to this hearing.

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the proposed amendments to the Official Zoning Map of the City of Kearney to correct errors on the map and update the zoning of certain parcels described as follows and to approve Resolution No. 2007-34: All of Block 48; Lots 7, 8, 9, 10, 11, 12 of Block 49; Lots 7, 8, 9, 10, 11, 12 of Block 50; all of Block 55, Midway Land Company’s East Lawn Addition AND a tract of land located in the Southeast Quarter of the Southwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., and including that portion of 27th Street from Grand Avenue to Avenue T; Avenue R, Avenue S, Avenue T running north and south and running north of 27th Street to the half block line of Block 49 and 50, except Heartland 4th Subdivision from District M-1, Limited Industrial District to District RM, Mobile Home Residential District; Lot 10 of Block 42, including the railroad right-of-way abutting the west side of said lot, Lots 1, 7, 8 of Block 45, including the railroad right-of-way abutting the west side of said lots, all of Blocks 46 and 47, Midway Land Company’s East Lawn Addition from District RM, Mobile Home Residential District to District M-1, Limited Industrial District; Lot 1010, Original Town of Kearney Junction from District M-1, Limited Industrial District and District R-2, Urban Residential Mixed-Density District to District M-2, General Industrial District; Lots 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15 of Block 25, Whitaker’s Grove Addition from District R-1, Urban Residential Single-Family District to District M-1, Limited Industrial District; Lots 1, 2, 3, 4, 5, 6 of Block 1; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 of Block 2, Evans Subdivision from District RM, Mobile Home Residential District to District R-1, Urban Residential Single-Family District; Lots 1, 2, 3, 4, 5, 6, Fredericks Fourth Addition from District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District to District R-1, Urban Residential Single-Family District (Low Density). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

RESOLUTION NO. 2007-34

WHEREAS, Ordinance No. 6864, passed and approved by the Kearney City Council on March 12, 2002 adopted the City’s Official Zoning Map as of April 15, 2002; and

WHEREAS, in accordance with Section 14-106 “Zoning Map” of Chapter 14 “Zoning District Regulations” of the Kearney City Code, the City Council may from time to time adopt a new official zoning map which shall supersede the prior official zoning map, in the event that the official zoning map becomes damaged or destroyed; or for purposes of clarity due to a number of boundary changes, or to correcting drafting errors or omissions; and

WHEREAS, the City Council passed and approved Resolution No. 2004-243 on December 28, 2004, amending the Official Zoning Map due to the number of boundary changes on the zoning map and adopted a new zoning map; and again amended the Official Zoning Map on April 25, 2006 by Resolution No. 2006-57.

WHEREAS, it is necessary to amend the Official Zoning Map dated December 2004, as amended by Resolution No. 2004-243 and again by Resolution No. 2006-57 and to adopt a new zoning map due to the number of boundary changes on the current zoning map.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Official Zoning Map dated December 2004 as passed and approved by the City Council by Resolution No. 2004-243 on December 28, 2004, and as amended by Resolution No. 2006-57 passed and approved on April 25, 2006 be and is hereby amended as follows:

All of Block 48; Lots 7, 8, 9, 10, 11, 12 of Block 49; Lots 7, 8, 9, 10, 11, 12 of Block 50; all of Block 55, Midway Land Company’s East Lawn Addition AND a tract of land located in the Southeast Quarter of the Southwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., and including that portion of 27th Street from Grand Avenue to Avenue T; Avenue R, Avenue S, Avenue T running north and south and running north of 27th Street to the half block line of Block 49 and 50, except Heartland 4th Subdivision from District M-1, Limited Industrial District to District RM, Mobile Home Residential District;
Lot 10 of Block 42, including the railroad right-of-way abutting the west side of said lot, Lots 1, 7, 8 of Block 45, including the railroad right-of-way abutting the west side of said lots, all of Blocks 46 and 47, Midway Land Company’s East Lawn Addition from District RM, Mobile Home Residential District to District M-1, Limited Industrial District;
Lot 1010, Original Town of Kearney Junction from District M-1, Limited Industrial District and District R-2, Urban Residential Mixed-Density District to District M-2, General Industrial District;
Lots 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15 of Block 25, Whitaker’s Grove Addition from District R-1, Urban Residential Single-Family District to District M-1, Limited Industrial District;
Lots 1, 2, 3, 4, 5, 6 of Block 1; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 of Block 2, Evans Subdivision from District RM, Mobile Home Residential District to District R-1, Urban Residential Single-Family District;
Lots 1, 2, 3, 4, 5, 6, Fredericks Fourth Addition from District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District to District R-1, Urban Residential Single-Family District (Low Density).

BE IT FURTHER RESOLVED that the City’s Official Zoning Map as of March 13, 2007 be and is hereby adopted. A condensed version of the Official Zoning Map is marked as Exhibit “A” attached hereto and made a part hereof by reference. The full version of the Official Zoning Map is filed in the Office of the Public Works/Building and Zoning Division.

PASSED AND APPROVED THIS 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

PROPOSED AVIATION EASEMENT FOR KEARNEY REGIONAL AIRPORT

Mayor Clouse opened the public hearing on the proposed acquisition for aviation purposes for the Kearney Regional Airport as follows: A tract of land being all that part of the Northeast Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M., lying south of the right-of-way of the Union Pacific Railroad Company, Buffalo County, Nebraska, containing 81.81 acres, according to the Government survey thereof, EXCEPTING THEREFROM: A tract of land being part of the Southeast Quarter of the Northeast Quarter of said Section 33, more particularly described as follows: referring to the southeast corner of the Northeast Quarter of Section 33; thence northerly on the east line of said Southeast Quarter of the Northeast Quarter a distance 142.00 feet to the ACTUAL PLACE OF BEGINNING; thence continuing northerly on the afore described course a distance of 204.0 feet; thence westerly at right angles from the afore described course a distance of 279.0 feet; thence southerly at right angles a distance of 204.00 feet; thence easterly at right angles a distance of 279.00 feet to the place of beginning, containing 1.307 acres, more or less, of which 0.155 acres, more are less are presently being used for road purposes on the east side, all located in Buffalo County, Nebraska and to consider approval of Resolution No. 2007-35.

City Attorney Michael Tye presented this matter to the Council. He has been working with a property owner to acquire some property needed for aviation purpose at the Kearney Regional Airport. In the event an amenable solution cannot be reached, he is requesting Council direct him to proceed with condemnation. The FAA will fund 95% of the cost and the City of Kearney will be responsible for the remaining 5% of the cost. This project is basically for flight restriction; the area has to remain free of any buildings.

There was no one present in opposition to this hearing.

Moved by Clouse seconded by Kearney to close the hearing and approve the proposed acquisition for aviation purposes for the Kearney Regional Airport as follows: A tract of land being all that part of the Northeast Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M., lying south of the right-of-way of the Union Pacific Railroad Company, Buffalo County, Nebraska, containing 81.81 acres, according to the Government survey thereof, EXCEPTING THEREFROM: A tract of land being part of the Southeast Quarter of the Northeast Quarter of said Section 33, more particularly described as follows: referring to the southeast corner of the Northeast Quarter of Section 33; thence northerly on the east line of said Southeast Quarter of the Northeast Quarter a distance 142.00 feet to the ACTUAL PLACE OF BEGINNING; thence continuing northerly on the afore described course a distance of 204.0 feet; thence westerly at right angles from the afore described course a distance of 279.0 feet; thence southerly at right angles a distance of 204.00 feet; thence easterly at right angles a distance of 279.00 feet to the place of beginning, containing 1.307 acres, more or less, of which 0.155 acres, more are less are presently being used for road purposes on the east side, all located in Buffalo County, Nebraska and approve Resolution No. 2007-35. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

RESOLUTION NO. 2007-35

WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

WHEREAS, the City Council has held a public hearing upon the proposed acquisition for aviation purposes for the Kearney Regional Airport; and

WHEREAS, the City Council of the City of Kearney, Nebraska has determined the necessity of acquiring fee simple title for aviation purposes for the Kearney Regional Airport, including any mortgage and leasehold interests on the following tract of property:

A tract of land being all that part of the Northeast Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M., lying south of the right-of-way of the Union Pacific Railroad Company, Buffalo County, Nebraska, containing 81.81 acres, according to the Government survey thereof, EXCEPTING THEREFROM: A tract of land being part of the Southeast Quarter of the Northeast Quarter of said Section 33, more particularly described as follows: referring to the southeast corner of the Northeast Quarter of Section 33; thence northerly on the east line of said Southeast Quarter of the Northeast Quarter a distance 142.00 feet to the ACTUAL PLACE OF BEGINNING; thence continuing northerly on the afore described course a distance of 204.0 feet; thence westerly at right angles from the afore described course a distance of 279.0 feet; thence southerly at right angles a distance of 204.00 feet; thence easterly at right angles a distance of 279.00 feet to the place of beginning, containing 1.307 acres, more or less, of which 0.155 acres, more are less are presently being used for road purposes on the east side, all located in Buffalo County, Nebraska.

WHEREAS, the City Council finds and determines that it is necessary for the public health, safety and general interest and welfare of the citizens of Kearney that possession of the property interests as described above be acquired as soon as possible for aviation purposes for the Kearney Regional Airport.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that:

1. The City Attorney and City Manager be, and hereby are, authorized on behalf of the City to complete negotiations for possession of and fee simple title to the properties set forth above, and together with the temporary construction easements; and

2. If the acquisition and possession of such property is not possible through negotiations, the City Attorney be, and hereby is, directed to commence eminent domain proceedings on behalf of the City of Kearney to obtain title, acquisition, and possession of said property interests as soon as legally possible.

PASSED AND APPROVED THIS 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

IV. CONSENT AGENDA

Mayor Clouse stated that Item 15 of the Consent Agenda has been withdrawn from consideration at this time.

Moved by Kearney seconded by Lammers that Subsections 1 through 14 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

1. Approve Minutes of Regular Meeting held February 27, 2007.

2. Approve the following Claims: AT&T $140.46 smcs; ABPA Region 12 $75.00 smcs; Aflac $2,733.20 ps; Agri Coop $18,317.41 smcs; Alamar $719.87 smcs; Albright,D $179.86 smcs; Alltel $1,731.75 smcs; Alpsteg,H $21.60 smcs; American Backflow $60.00 smcs; Anderson Brothers $178.80 smcs; Aurora Coop $10,416.93 smcs; Baker & Taylor Books $4,547.12 smcs; Bamford $2,300.00 smcs; BBC Audiobooks $289.34 smcs; Bennett,T $1,305.75 smcs; Benson,G $147.00 smcs; Blevins,D $184.80 smcs; Blinde,E $36.32 smcs; Bluecross Blueshield $121,280.11 smcs; Bosselman $14,149.63 smcs; Bowman,R $23.59 smcs; Broadfoot's $1,230.00 smcs; Brown,A $232.21 smcs; Buffalo Co Reg of Deeds $305.00 smcs; Carquest $17.94 smcs; CBA Lighting $1,482.20 smcs; Central District Health $2,464.00 smcs; Central Hydraulic Systems $1,478.45 smcs; Central NE Bobcat $99.17 smcs; Chad $10.00 ps; Charter $54.99 smcs; Child's World $1,337.95 smcs; City of Ky $9,160.08 ps; College Savings Plan of NE $75.00 ps; Computerized Fleet $2,995.00 smcs; Conseco Life Ins $24.00 ps; Control Masters $3,184.00 smcs; Culligan $125.50 smcs; Cummins $90.90 smcs; D&S Lighting $312.00 smcs; Danielson,S $126.10 smcs; DPC Industries $4,445.10 smcs; Dreyer,D $121.33 smcs; E.H. Wachs $13,117.20 co; Eakes $113.32 smcs; Eckhoff,N $30.00 smcs; ESU #10 $146.25 smcs; Eirich,T $50.00 smcs; Elliott,R $117.00 smcs; ESRI $6,300.00 smcs; Excal Visual $914.50 smcs; Farmers Union $910.00 smcs; Fedex $158.71 smcs; Frontier $240.76 smcs; Gangwish Turf $70.00 smcs; Garrett Tires $247.84 smcs; Gillming,R $15.00 smcs; Graham Tire $34.45 smcs; Great Plains One Call $77.52 smcs; Great Plains Welcoming $250.00 smcs; Grupe,B $49.00 smcs; Harter,A $49.00 smcs; Hausmann Construction $175,320.00 co; HDSWW $5,980.63 smcs; Holiday $10.31 smcs; Hydrologic $175.00 smcs; ICMA RC $2,727.49 ps; Ingraham,L $48.00 smcs; IRS $94,567.73 ps; Jack Lederman $187.38 smcs; Johnson,S $50.00 smcs; Kalba,R $107.00 smcs; Ky Clinic $244.00 ps; Ky Concrete $95.31 smcs; Ky Crete & Block $220.00 smcs; Ky United Way $558.00 ps; Ky Visitors Bureau $22,363.54 smcs; Kelley Tree Service $33,375.00 smcs; Kelly Electric $17,470.00 co; KGFW $25.00 smcs; Kirkham Michael $13,203.10 smcs,co; Koetters,J $23.40 smcs; Kooyman,R $200.00 ps; Lang,L $100.88 smcs; Laughlin,K $180.00 ps; League of NE Municipalities $1,300.00 smcs; Leonard,R $15.00 smcs; Lifeguard Store $428.00 co; Luke,D $31.72 smcs; Magic Cleaning $910.00 smcs; Marriott Hotels $598.43 smcs; Meridian Library Systems $20.00 smcs; Metlife $5,416.59 ps; Michael,L $21.60 smcs; Microfilm Imaging $780.00 smcs; Milco Environmental $2,933.99 smcs; Miller & Associates $10,143.16 co; Miska,F $250.00 smcs; Moonlight Embroidery $33.00 smcs; Morgan,M $351.88 smcs; Morris Press $885.80 smcs; Mosbarger,B $200.00 ps; Moss & Barnett $441.40 smcs; NE Child Support $2,388.43 ps; NE Dept of Revenue $28,886.47 ps; NE Forest Service $270.00 smcs; NE Library Assn $40.00 smcs; NE Rural Water Assn $330.00 smcs; NE Salt & Grain $8,870.31 smcs; NIMCO $945.00 smcs; Northwestern Energy $6,806.76 smcs; Novus $40.00 smcs; Office Depot $582.46 smcs; Office Max $50.37 smcs; OMB Police Supply $2,585.48 smcs; Ostrander,R $167.70 smcs; Paramount $23.63 smcs; Patterson,B $121.33 smcs; Payflex Systems $459.00 ps; Performance Institute $1,190.00 co; Pfeiffer,D $167.70 smcs; Platte Valley Comm $15,008.74 smcs,co; Portable Computer Systems $10,204.00 co; Presto-X $136.00 smcs; Random House $296.00 smcs; Rcom $370.60 co; Rivershore Reading $230.00 smcs; Roper's Radiator $192.00 smcs; Sandy's Jewelry $10.00 ps; Sargent Drilling $67,218.30 co; Schelling,K $24.00 smcs; Schmitt,J $23.40 smcs; See Clear Cleaning $3,200.00 smcs; Sensus Metering $132.00 smcs; Sheen,S $70.00 smcs; Smoot,K $23.70 smcs; Snap-On Tools $451.00 smcs; Solid Waste Agency $39,901.36 smcs; Splitter,M $179.86 smcs; State of NE HHS $1,310.00 smcs; State of NE/DAS Comm $18.96 smcs; Steffensmeier,J $305.90 smcs; Suchsland,T $117.00 smcs; Sun Life Financial $22,105.17 smcs; Sydow,J $40.00 smcs; Synovec,M $21.60 smcs; Taniguchi,T $23.70 smcs; Technical Maintenance $1,862.70 smcs; Temoshek,M $21.00 smcs; Theis,G $38.80 smcs; Thomas,D $25.92 smcs; Thompson,N $24.00 smcs; Tincher,S $4,456.31 smcs; Todd's Flooring $423.20 smcs; Total Backflow Resources $125.00 smcs; Trembly,M $261.90 smcs; Twin Diamond $236.00 smcs; Tye & Rademacher $10,484.08 smcs,co; US Postmaster $448.00 smcs; Village Cleaners $126.40 smcs; Village Uniform $177.88 smcs; Water Products $9,856.79 smcs; Weinberg,A $10.41 smcs; West Payment Center $1,264.73 smcs; Wiederspan,R $47.53 smcs; Wilkins Hinrichs Stober $2,520.37 co; Williams,M $39.00 smcs; Winters,P $21.60 smcs; Wolf,A $21.17 smcs; Worley Monuments $21.60 smcs; Young,J $5.34 smcs; Zimmerman Printers $363.00 smcs; Payroll Ending 3-3-2007 -- $275,981.99. 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 HI-BRAND KEARNEY, INC. dba “Old Chicago” in connection with their Class IK-66969 catering liquor license to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument, 3060 East 1st Street on April 14, 2007 from 2:00 p.m. until 1:00 a.m. for a wedding reception.

4. Approve the application to extend Conditional Use Permit No. 1995-02 submitted to Cathleen Headlee to locate a dog grooming business at 211 East 30th Street for a period of one year.

5. Approve the Agreement for the Acquisition of Property granted to the City of Kearney by Michael and Laurie Hendrickson in connection with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-36.

RESOLUTION NO. 2007-36

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Agreement for the Acquisition of Property be and is hereby accepted and that the City Manager be and is hereby authorized and directed to execute the said Agreement on behalf of the City of Kearney. The original Agreement for the Acquisition of Property, marked as Exhibit “A” is attached hereto and made a part hereof.

PASSED AND APPROVED THIS 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

6. Accept the Warranty Deed granted to the City of Kearney by Michael and Laurie Hendrickson in connection with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-37.

RESOLUTION NO. 2007-37

WHEREAS, City Council authorized the City Manager and City Attorney to acquire a tract of property described as a tract of land being part of Oran’s Addition to the City of Kearney, Buffalo County, Nebraska, as the same is located and laid out on the Southwest Quarter of the Southwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: beginning at the southeast corner of Oran’s Addition said point being on the north line of 39th Street, a street in the City of Kearney and 33.0 feet north of the south line of said Section 25; thence northerly on the east line of Oran’s Addition, a distance of 28.52 feet; thence deflecting left 84°25’ a distance of 65.25 feet to a point 35.0 feet north of the north line of 39th Street; thence deflecting left 95°42’ a distance of 9.5 feet to a point 25.5 feet north of the north line of said 39th Street; thence deflecting right 90°00’ and parallel with the north line of the aforesaid 39th Street a distance of 156.0 feet; thence deflecting right of 04°02’ a distance of 6.27 feet; thence deflecting right 85°58’ a distance of 16.56 feet; thence deflecting left 90°00’ a distance of 28.73 feet; thence deflecting right 54°31’ a distance of 4.16 feet to a point on the existing highway right-of-way; thence southwesterly and on said highway right-of-way a distance of 49.91 feet to a point on the north line of 39th Street; thence easterly on the aforesaid north line of 39th Street a distance of 259.67 feet to the point of beginning, containing 7,560 square feet (0.17 acres) more or less, all in Buffalo County, Nebraska; and

WHEREAS, Michael L. Hendrickson and Laurie J. Hendrickson have granted to the City of Kearney a Warranty Deed for a tract of property described as a tract of land being part of Oran’s Addition to the City of Kearney, Buffalo County, Nebraska, as the same is located and laid out on the Southwest Quarter of the Southwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: beginning at the southeast corner of Oran’s Addition said point being on the north line of 39th Street, a street in the City of Kearney and 33.0 feet north of the south line of said Section 25; thence northerly on the east line of Oran’s Addition, a distance of 28.52 feet; thence deflecting left 84°25’ a distance of 65.25 feet to a point 35.0 feet north of the north line of 39th Street; thence deflecting left 95°42’ a distance of 9.5 feet to a point 25.5 feet north of the north line of said 39th Street; thence deflecting right 90°00’ and parallel with the north line of the aforesaid 39th Street a distance of 156.0 feet; thence deflecting right of 04°02’ a distance of 6.27 feet; thence deflecting right 85°58’ a distance of 16.56 feet; thence deflecting left 90°00’ a distance of 28.73 feet; thence deflecting right 54°31’ a distance of 4.16 feet to a point on the existing highway right-of-way; thence southwesterly and on said highway right-of-way a distance of 49.91 feet to a point on the north line of 39th Street; thence easterly on the aforesaid north line of 39th Street a distance of 259.67 feet to the point of beginning, containing 7,560 square feet (0.17 acres) more or less, all in Buffalo County, Nebraska.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Warranty Deed be and is hereby accepted.

PASSED AND APPROVED THIS 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

7. Approve the application for a Special Designated License submitted by BOULEE, LLC, dba “Bico’s” in connection with their Class I-70918 to dispense beer and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N on March 31, 2007 from 4:00 p.m. until 11:00 p.m. for the Pheasants Forever Banquet.

8. Approve Resolution No. 2007-38 allowing the City of Kearney to expend funds on the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements and the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and to reimburse itself from the proceeds of the Series 2007 General Obligation Bond Anticipation Notes.

RESOLUTION NO. 2007-38

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska (the "City"), as follows:

Section 1. The President and Council of the City hereby find and determine that it is necessary and appropriate to declare their official intent to issue tax-exempt bonds on behalf of the City and in addition, the City's reasonable expectations to reimburse certain expenditures with the proceeds of such bonds as proposed to be issued by the City in connection with the proposed project as described below.

Section 2. This resolution shall stand as a statement of the City's official intent under Regulation Section 1.150-2 of the regulations of the United States Treasury and for such purpose the following information is hereby given:

1. A general functional description of the project for which expenditures may be made and reimbursement from bond proceeds provided is as follows:

2007 Part I (Phase II) Street Improvements

$800,000.00

2007 Part II (Phase III) Street Improvements

$2,700,000.00

2. The maximum principal amount of debt expected to be issued for such project is $3,500,000.00.

PASSED AND APPROVED THIS 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

9. Approve the request submitted by the FirsTier Event Center, the Kearney Hub, and the Kearney Volunteer Fire Department, in conjunction with Kidz Explore, to block off the west end of Platte Road in front of the FirsTier Event Center, 609 Platte Road, on April 28, 2007 from 9:00 a.m. until 5:00 p.m. and on April 29, 2007 from 12:00 p.m. until 5:00 p.m.

10. Accept the report from the City Clerk on the insufficiency of objection/protest filed in connection with Ordinance No. 7320 creating Paving Improvement District No. 2007-915 for 14th Street from 6th Avenue to 9th Avenue, and Ordinance No. 7322 creating Paving Improvement District No. 2007-917 for 9th Avenue from 16th Street to 19th Street.

11. Approve the City of Kearney Municipal Facilities Naming/Renaming Policy and approve Resolution No. 2007-39.

RESOLUTION NO. 2007-39

WHEREAS, it has been determined that the City of Kearney needed a policy in place setting forth the provisions for naming and/or renaming City facilities; and

WHEREAS, the City Council and the Advisory Board of Park & Recreation Commissioners have reviewed the policy and determined it to be appropriate.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the “City of Kearney Municipal Facilities Naming/Renaming Policy” be and is hereby approved. A copy of the Policy, marked as Exhibit “A”, is attached hereto and made a part hereof.

PASSED AND APPROVED THIS 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

12. Approve the Plans and Specifications for the 2006 Part IV, Phase II Improvements for the construction of sidewalks where it currently does not exist as follows: 11th Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th Street to 14th Street and set the bid opening date for April 3, 2007 at 2:00 p.m.

13. Approve the Plans and Specifications for the Cemetery Paving 2007 Project and set the bid opening date for April 3, 2007 at 2:00 p.m.

14. Approve the Agreement between the City of Kearney and the Omaha-Council Bluffs Metropolitan Area Planning Agency to obtain digital map products and approve Resolution No. 2007-40.

RESOLUTION NO. 2007-40

WHEREAS, the City of Kearney has budgeted funds for the purpose of updating GIS aerial photography maps for the City of Kearney and the two-mile zoning jurisdiction of the City; and

WHEREAS, the City of Kearney has been invited to jointly acquire aerial photography, digital orthophotos and digital mapping products with the Omaha-Council Bluffs Metropolitan Area Planning Agency and several other Nebraska political subdivisions.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Interlocal Agreement for aerial photography, digital orthophotos and digital mapping products with Omaha-Council Bluffs Metropolitan Area Planning Agency. A copy of the Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof.

PASSED AND APPROVED THIS 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

15. WITHDRAWN – NO ACTION TAKEN. Approve the Agreement for Services between the City of Kearney, the County of Buffalo and the Economic Development Council of Buffalo County.

V. CONSENT AGENDA ORDINANCES

ORDINANCE NO. 7328 – AMEND TABLE 50-4 OF CHAPTER 50 OF CITY CODE

On March 12, 2002 the City of Kearney adopted the Unified Land Development Ordinance which established guidelines for permitted signs in the different zoning districts. Table 50-4 provides regulations for permitted signs by numbers, dimensions, and location in the different zoning districts. Table 50-4 was amended on December 9, 2003 amending the regulations for maximum quantity, maximum size, minimum setbacks, and height limits for individual signs. Table 50-4 was again amended by Ordinance No. 7253 on April 11, 2006 deleting any reference to “District ICMU, Interstate Corridor Mixed Use District”.

During the process of amending the Code, the requirement pertaining to attached signs for “District UC, Mixed Use Urban Corridor District” and “District C-0, Office District” was mistakenly omitted. Therefore, this ordinance is merely a housekeeping matter in order to place the requirement back in the Code.

Council Member Lammers introduced Ordinance No. 7328, being Subsection 1 of Agenda Item V to amend Table 50-4: “Permitted Signs by Numbers, Dimensions, and Location” of Chapter 50 “Sign Regulations” of the Unified Land Development Ordinance of the Code of the City of Kearney to replace the language pertaining to requirements for attached signs with regard to “District UC, Mixed Use Urban Corridor District” and “District C-0, Office District” that was mistakenly omitted when previously amended, 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: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7328 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried. Ordinance was read by number.

Moved by Lear seconded by Buschkoetter that Ordinance No. 7328 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7328 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. 7329 – VACATE PORTION OF KEARNEY LAND AND INVESTMENT COMPANY’S CHOICE ADDITION (PERTAINS TO PUBLIC HEARING 1)

Council Member Buschkoetter introduced Ordinance No. 7329, being Subsection 1 of Agenda Item VI to vacate Lots 7 through 12, inclusive, except the east eight feet thereof, all in Block 24, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (east on 10th Avenue and north of 14th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7329* by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

Moved by Clouse seconded by Kearney that Ordinance No. 7329 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7329 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. 7330 – CONDITIONAL USE PERMIT; VIAERO WIRELESS (PERTAINS TO PUBLIC HEARING 3)

Moved by Kearney seconded by Lammers to table until March 27, 2007 Ordinance No. 7330 for a Conditional Use Permit to NE COLORADO, INC., dba “Viaero Wireless” (Applicant) and ZAN, LLC (Owner) to locate a retail store, 195-foot self-supporting telecommunications tower, backup generator, and a 9’x15’x8.5’ building to house supporting electronic hardware on property located at 1920 West 24th Street, Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

ORDINANCE NO. 7324 – NON-EXCLUSIVE FRANCHISE TO CABLE NEBRASKA

Mayor Clouse stated that the City received a request from the applicant to leave this item on the table until the next meeting. Therefore, no action is necessary.

ORDINANCE NO. 7331 – VACATE SETBACK IN KEARNEY PLAZA THIRD SUBDIVISION

The applicant is requesting vacation of the existing platted setback line on the west side of Lot 27, Block 3 in Kearney Plaza 3rd Subdivision (80 LaCrosse Drive). Several years ago, a street that was platted on paper but never constructed, known as West LaPlatte Road, was vacated but the setback lines associated with the road are still shown on the final plat of Kearney Plaza 3rd as recorded at the Register of Deeds office at the Buffalo County Courthouse. The platted setback line is no longer necessary and it is unclear why it remains shown on the plat. Perhaps it was an oversight. The platted setback is “in the way” for what the developer would like to do with this lot. The property is zoned R-3 and will be developed as the final phase of the Villages at Kearney, the multi-family dwellings to the south of this lot comprise the bulk of the apartment complex. This lot will contain the final building as well as an outdoor pool that will be for the use of all the apartment renters.

The developer would now like to vacate this setback and build across the common lot line since the lots are under common ownership. This will allow the proposed development to fit on this lot.

Council Member Lammers introduced Ordinance No. 7331, being Subsection 4 of Agenda Item VI to vacate the 25-foot building setback line along the west property line as platted on Lot 27 of Block 3, Kearney Plaza Third Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska (80 LaCross Drive), 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: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7331 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

Moved by Lear seconded by Buschkoetter that Ordinance No. 7331 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7331 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.

GRANT APPLICATION FOR SAFE ROUTES TO SCHOOL PROGRAM

Mayor Clouse opened for discussion submitting a Grant Application for funding the Safe Routes to School Program to the Nebraska Department of Roads and to consider approval of Resolution No. 2007-42.

Assistant to City Manager Amber Brown presented this matter to the Council. This project targets Kenwood Elementary located at 1511 5th Avenue in Kearney. Current risks/obstacles facing Kenwood Elementary students include:

Sidewalk Gaps
Traffic concerns – Nature, Volume, and Speed

Over 60 blocks of sidewalk gaps currently exist in the Kenwood enrollment area forcing children to walk, bike and even push their wheelchairs in the streets on their way to school.

Students try to manage getting to school via major roadways for commuter traffic utilizing three identified pedestrian crossings located at 5th Avenue and 11th Street, 5th Avenue and 15th Street, and 5th Avenue and 16th Street. One of the City's arterial roads, 11th Street, serves as the traffic beltway for Kearney, and 5th Avenue and 16the Street each serve as collector roads. Each carries a high volume of commuter traffic to work, which coincides with the same time that students walk to and from school.

Average daily traffic counts completed in February 2004 reveal that 11th Street from 15th Avenue to 2nd Avenue carries 11,000 vehicles per day; 5th Avenue from 19th Street to 11th Street carries 8,000 vehicles per day; and 16th Street from 5th Avenue to 2nd Avenue carries 3,800 vehicles per day.

There is a community-wide perception that drivers speed on 11th Street, 5th Avenue, and 16th Street and this perception is supported by quantifiable data. According to the City's Transportation Plan completed by Olsson Associates in November 2005, 11th Street posted speed limits are 45 mph from 30th Avenue to 5th Avenue which most drivers travel at 51.3 mph and 25 mph from 5th Avenue to 2nd Avenue which is driven at 30.6 mph. On 5th Avenue, posted speed is 25 mph, while most drive it at 31.0 mph, and 16th Street is posted at 30 mph and it is driven at 30.2 mph.

The City of Kearney is proposing to:

Construct 60 blocks of sidewalks which will complete all sidewalks within the Kenwood enrollment area;
Place digital speed readers at the intersection of 5th Avenue and 11th Street;
Provide additional traffic enforcement near the school by the Kearney Police Department;
Facilitate two assemblies to teach crossing, walking, and biking safety provided by the Kearney Police Department;
Provide crossing supervision at the intersection of 5th Avenue and 11th Street by a Community Service Officer;
Create a map indicating the safe routes to school to be distributed to children and to serve as the educational tool for the assemblies by City staff in cooperation with the Kenwood School staff; and
Collect and monitor pre- and post-data to determine project success with UNK.

This is a joint effort by Kenwood Elementary School, University of Nebraska at Kearney, and the City. With the proposed activities, we are hoping to increase student physical activity by increasing the number of students who walk and/or bike to and from school.

The City of Kearney is requesting $250,000 from the Department of Roads, providing $6,950 in in-kind services, and committing $143,806 in cash match.

Moved by Buschkoetter seconded by Clouse to approve submitting a Grant Application for funding the Safe Routes to School Program to the Nebraska Department of Roads and approve Resolution No. 2007-42. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

RESOLUTION NO. 2007-42

WHEREAS, the City of Kearney has proposed to apply for assistance from the Safe Routes to School Program for the following reasons:

Construct sixty (60) blocks of sidewalks, as shown on the attached map, within the Kenwood enrollment area;
Place digital speed readers at the intersection of 5th Avenue and 11th Street;
Provide additional traffic enforcement near the school by the Kearney Police Department;
Facilitate two assemblies to teach crossing, walking, and biking safety provided by the Kearney Police Department;
Provide crossing supervision at the intersection of 5th Avenue and 11th Street by a Community Service Officer;
Create a map indicating the safe routes to school to be distributed to children and to serve as the educational tool for the assemblies by City staff in cooperation with the Kenwood School staff; and
Collect and monitor pre- and post-data to determine project success with UNK.

WHEREAS, the City of Kearney is requesting $250,000 from the Department of Roads, providing $6,950 in in-kind services, and committing $143,806 in cash match.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney, Nebraska is hereby authorized to apply for the Safe Routes to School Program to fund the projects listed above.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute such grant application and other documentation on behalf of the City of Kearney for such grant purposes.

PASSED AND APPROVED THIS 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

SUPPORT LB 395 “NEBRASKA CLEAN INDOOR AIR ACT”

Mayor Clouse opened for discussion supporting LB 395 known as the “Nebraska Clean Indoor Air Act” and to consider approval of Resolution No. 2007-43. This particular item was discussed at the Council meeting last month. It was reported that Senator Johnson was very involved with that bill. The Council has not taken any action at this time. There has been some movement on that bill within the last week. He had the opportunity to visit with Senator Johnson last week in Lincoln regarding this bill. They talked about some of the provisions.

Mayor Clouse believed the importance is an “opt out” provision, which is being discussed. As the bill is sitting now, there is discussion of having the bill with an “opt out” provision by the vote of the Council or County Board having that authority. He did express to Senator Johnson that he believed if there was an “opt out” provision there should be a vote of the people to determine how they want their county or community to look. Since that time, he has heard from one Council member, who felt strongly that we need to take a position to show some support for Senator Johnson. This is obviously a very controversial issue. The amount of controversy has been overwhelming.

A resolution has been drafted. Kearney has looked at this issue for the past year of adopting a local smoking policy. Through those discussions, it was clear that a statewide policy is the fairest. Senator Johnson introduced that bill with a total ban with no considerations. He requested support from the Kearney City Council. They submitted this resolution that our Council would support the bill if the citizens of the City or the County had the option to hold an election to override the statewide smoking ban. It would go to a vote of the people. He compared it with the Concealed Carry bill in that there were some provisions that went through to allow communities to have more restrictions than what state law provides. That bill had similar discussions and controversy going through the legislature.

Council member Lammers stated that he feels strongly that the smoking ban is a good thing for the State of Nebraska across the board for a level playing field for the whole state. He has given this issue a lot of thought. He used to be way over on personal rights and not infringing on those. He believes, however, that if we can influence our young people to not smoke or, be subject to second hand smoke, that is also extremely important that we take a stand in that direction. He believed that the total ban might be too much for the populous as a whole, but looking at it from a city right to opt out of it, that gives everybody a change to cast their vote. He was in favor of maintaining local control reflecting what the community decides.

Council member Buschkoetter stated that he is for freedom of choice. He stated “if you do not like the smoky atmosphere in an establishment, simply don’t go into that establishment.” If people stay away from those places of business because of the smoke, then the business will know that they need to change. The Cellar Lounge, the dining area of the Chicken Coop, Thunderhead Brewery or Luke and Jake’s (15 years ago) went smoke free. He believed that more people are likely to be sitting in the smoking section of a restaurant because there are “no lines, no waiting” many times because they are not being used. If government stays out of the decision, then capitalism will take care of it. That is the direction that we are heading and still have a society that believes in freedom of choice and personal responsibility.

As a Political Science teacher, he talks to his students about liberty which is defined as “protection from intrusion in your life by government.” Anyone worried about how second hand smoke is affecting their health can make a decision to frequent these places of business or not. He is a non smoker and he is responsibly to talk to his children about not smoking. He wanted to make it clear that he is not pro-smoking.

Mayor Clouse explained that if the “opt out” provision was not included and the Clean Indoor Air Act passes at the State level, there will be no choice to be made. He believed it would be better to exercise those rights and put it to a vote of the people. He further stated that if this bill fails at the State level it will be addressed at a local level. That is an issue that we have left hanging for the last year. If Kearney does not address this in this manner, we will not be heard and it will be passed. This would be the best opportunity to get out and vote to opt out of it. He was not sure if our community will do that, but they would have the opportunity to express their opinion to get it on the ballot if they choose.

Council Member Kearney stated as a smoker, he would abstain from any discussion and vote on this issue.

Council member Lear stated that he agrees with many of the points that Council member Buschkoetter made. The primary reason that he felt comfortable supporting this resolution is because it does contain a community opt out provision. He probably would not support it if it did not. He believed that each side has valid points, but also believed that they have a reasonable resolution to offer.

Mayor Clouse added that he was only in favor of the bill if it included the “opt out” provision. He is not in favor of taking anyone’s rights away, but believed this is a way to help manage this situation.

Moved by Clouse seconded by Lammers to approve supporting LB 395 known as the “Nebraska Clean Indoor Air Act” and approve Resolution No. 2007-43. Roll call resulted as follows: Aye: Clouse, Lear, Lammers. Nay: Buschkoetter. Kearney abstained. Motion carried.

RESOLUTION NO. 2007-43

WHEREAS, the City of Kearney has discussed for the past year the possibility of adopting a local Smoking Policy for the community; and

WHEREAS, during those discussions it was clear that a statewide smoking policy provides the fairest solution; and

WHEREAS, Senator Joel Johnson has introduced LB 395, a statewide Smoking Ban; and

WHEREAS, Senator Johnson has requested that the Kearney City Council consider support of LB 395; and

WHEREAS, the Kearney City Council believes that City Council or County Boards should not have the option of overriding a statewide Smoking Ban; and

WHEREAS, the Kearney City Council wants to ensure that the citizens of Kearney or Buffalo County have the option to hold an election to override a statewide smoking ban.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the City of Kearney, Nebraska supports Legislative Bill 395, the Nebraska Clean Indoor Air Act, contingent on the final version allowing for a city or county election as the only option to override a statewide Smoking Ban.

PASSED AND APPROVED THIS 13TH DAY OF MARCH, 2007.

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

CITY CLERK AND EX-OFFICIO MAYOR

ORDINANCE NO. 7332 – AMEND ARTICLE 4 “GOLF ADVISORY BOARD” OF CITY CODE

City Manager Michael Morgan stated that in evaluating the powers and duties of the Golf Advisory Board it was determined that it would be helpful for board members to expand and clarify the powers and duties of the board. Therefore, specific functions and duties have been added as follows:

· Updating City Council on a long-range plan for the development and improvement for the municipal golf course;

· Evaluating capital improvement needs;

· Recommending policies, fees, charges, promotions, tournament requests policies, procedures and rules for the municipal golf course.

The assistance and input of board members is critical to the success of the municipal golf course and these code revisions should encourage more dialogue and involvement by board members.

Council Member Kearney introduced Ordinance No. 7332, being Subsection 7 of Agenda Item VI to amend Section 7-403 “Method of Selection” of Article 4 “Golf Advisory Board” of Chapter 7 “Park & Recreation” to clarify the requirement for appointment to the Board; to amend Section 7-404 “Terms” of Article 4 “Golf Advisory Board” of Chapter 7 “Park & Recreation” to clarify the language; to amend Section 7-406 “Officers” of Article 4 “Golf Advisory Board” of Chapter 7 “Park & Recreation” to elect the officers at the first meeting in August and to provide that all members shall serve without compensation; to amend Section 7-407 “Powers and Duties Generally” of Article 4 “Golf Advisory Board” of Chapter 7 “Park & Recreation” to define the duties of the Golf Advisory Board; to delete Section 7-408 “Powers” in its entirety and to add a new Section 7-408 entitled “Participation” of Article 4 “Golf Advisory Board” of Chapter 7 “Park & Recreation” to define the requirements for participation, all in the Code of the City of Kearney, 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 Lammers 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: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7332 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

Moved by Lammers seconded by Lear that Ordinance No. 7332 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7332 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.

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $39,721.05, NPPD - $98.60, SCHOOL DISTRICT #7 - $1,507.65

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $39,721.05 payable to Platte Valley State Bank, and in the amount of $98.60 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

Moved by Clouse seconded by Kearney that Open Account Claims in the amount of $1,507.65 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Lear, Kearney. Nay: None. Buschkoetter and Lammers abstained. Motion carried.

VII. REPORTS

PRESENTATION ON ACCESS KEARNEY

Administrative Assistant Julie Steffensmeier made a presentation on the new software “Access Kearney”. She demonstrated how a citizen can go to the Kearney web site and submit a complaint, concern, request or compliment.

HANDICAP PARKING

City Attorney Michael Tye stated that handicapped parking has been an issue of concern to the Council and to citizens. He stated that City staff has been working on this issue. One of the concerns addressed was enforcing handicapped parking within private parking lots within the City of Kearney. The answer is handicapped parking can be enforced by local law enforcement according to state law. After discussions with Police Chief Dan Lynch and looking around the community, they discovered there were some things that need to be dealt with both in terms of City Code and informing business owners to make sure that their parking lots comply with requirements for handicapped parking.

Our City Code has a provision for the City Council can vote to impose certain parking restrictions on a parking lot by parking lot basis as development expands. They have concluded that might not be the way to handle those situations. They have come up with a Code provision that would make parking restrictions apply to public parking lots, as well as private parking areas. The Code Enforcement Officer did evaluate the status of handicapped parking in private lots and it was found that handicapped parking is not uniformly designated in private lots. More importantly, it was found there are a number of handicapped parking spots that do not have the sign in front of the parking stall.

According to the traffic code, there is a requirement that there is a sign and post in front of each handicapped parking stall. Without the post and sign, the painted portion on the cement could get covered by ice and snow. They will be bringing forward a code provision for Council approval and a code section that requires property owners to put up and maintain the required signage. The public will be notified of these changes and this will make code enforcement much easier.

LEGISLATIVE UPDATES

Amber Brown, Assistant to the City Manager, reported on Legislative updates:

The following are legislative bills that the City is supporting:

LB11 – Change provisions relating to annexation by cities of the first class (approved by Governor (02/09/2007 with an effective date of 08/26/2007)

LB16 – Change provisions related to airport hazards and airport zoning regulations (in Government, Military and Veterans Affairs Committee Hearing: 01/18/2007)

LB255 – Change the NE Wage Payment and Collection Act (placed on Select File)

LB347 – Change provisions relating to the giving of bonds by city or village officials (presented to Governor 03/13/2007)

LB356 – Change provisions relating to green belted agricultural land (indefinitely postponed)

LB377 – Reallocate district court judgeships (in Judiciary Committee priority bill 03/09/2007)

LB564 – Change the Recreational Liability Act (in Judiciary Committee Hearing 02/14/2007)

LB566 – Adopt the Public Recreational Liability Act (in Judiciary Committee Hearing 02/14/2007)

The following are legislative bills that the City is opposing:

LB7 – Change the rights of the public regarding agenda items under the Open Meetings Act (indefinitely postponed)

LB695 – Limit the power of cities to regulate the carrying of concealed handguns (indefinitely postponed)

Other bills:

LR2CA – Constitutional amendment changing provisions related to substandard and blighted property (Speaker priority resolution 03/12/2007)

VIII. ADJOURN

Moved by Clouse seconded by Kearney that Council adjourn at 8:35 p.m. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

STANLEY A. CLOUSE

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

ATTEST: STANLEY A. CLOUSE

MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL

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