Regular Meeting 8-23-04

An addition to the City of Gering, Nebraska situated in the Southwest Quarter of Section 25, Southeast Quarter of Section 26, Northeast Quarter of Section 35 and the Northwest Quarter of Section 36, all in Township 22 North, Range 55 West of the 6^th P.M., Scotts Bluff County, Nebraska, described as follows:

Lot 1, Block 4, Midtown Development Addition

Commencing at the Northeast corner of Lot 19, Block 3, Midtown Development Addition to the City of Gering, Scotts Bluff County, Nebraska, as monumented by a 5/8” rebar, thence easterly, on the easterly extension of the north line of said Lot 19, Block 3, Midtown Development, and on the south right of way line of Twin City Drive, on a bearing of N88°58’38”E, a distance of 60.00 feet, to the point of intersection with the east right of way line of Lyman Drive, as monumented with a 5/8” rebar, and said point being the Point of Beginning, thence bearing S00°26’05”E, on a line being 60.00 feet easterly and parallel with the east line of Lots 18 and 19, Block 3, Midtown Development, a distance of 194.54 feet, thence bearing N88°18’07”E, a distance of 227.42 feet, thence bearing N00°26’05”W, a distance of 191.86 feet, to the point of intersection with the easterly extension of the north line of Lot 19, Block 3, Midtown Development, thence bearing S88°58’38”W, on said extension line, a distance of 227.37 feet, to the Point of Beginning, containing an area of 1.00 acre, more or less.

Lots 3 through 21, Block 5, Midtown Development Addition

Beginning at the southwest corner of Lot 2, Block 5, Midtown Development Addition to the City of Gering, Scotts Bluff County, Nebraska, as monumented by a 5/8” rebar, and said corner also being on the east right of way line of Lyman Drive, as platted, and said corner also being the Point of Beginning, thence bearing N65°05’18”E, on the south line of Lot 2, Block 5, Midtown Development and the easterly extension thereof, a distance of 273.11 feet, to the easterly right of way line of a 25.00 foot alley as platted, thence bearing N24°54’46”W, on said east right of way line of said alley, a distance of 207.50 feet, to the point of intersection with the south right of way line of Twin City Drive, as platted, thence bearing S79°41’25”E, on the south right of way line of Twin City Drive, as platted, a distance of 449.23 feet, to the point of curvature of a curve to the left, said curve having a central angle of 12°32’50”, as measured, a radius of 545.57 feet, a chord length of 119.24 feet, and a chord bearing of S89°44’17”E, thence easterly, on the arc of said cruve, and south right of way line of Twin City Drive, a distance of 119.48 feet, to the point of reverse curvature to the right, said curve having a central angle of 89°24’40”, as measured, a radius of 26.60 feet, a chord length of 37.42 feet, and a chord bearing of S47°35’22”E, thence, southeasterly on the arc of said curve, and southeasterly right of way line of Twin City Drive, a distance of 41.51 feet, thence bearing S04°11’35”E, on the westerly right of way line of Twin City Drive, and the southerly extension thereof, a distance of 323.74 feet, thence bearing S05°05’28”E, a distance of 708.67 feet, to the point of curvature of a curve to the right, said curve having a central angle of 94°03’28”, as measured, a radius of 30.00 feet, a chord length of 43.90 feet, and a chord bearing of S41°56’54”W, thence southwesterly on the arc of said curve, a distance of 49.25 feet, to a point being 60.00 feet north of the easterly extension of the north line of Lot 19, Block 3, Midtown Development, as measured perpendicular to said line, thence bearing S89°24’40”W, on a line 60.00 feet north of and parallel with said extension line, a distance of 513.64 feet, to the point of curvature of a curve to the right, said curve having a central angle of 89°20’42”, as measured, a radius of 30.00 feet, a chord length of 42.19 feet, and chord bearing of N46°21’24”W, thence northwesterly on the arc of said curve, a distance of 47.40 feet, to the point of intersection with the easterly right of way line of Lyman Drive, said point also being the point of curvature of a curve to the left, said curve having a central angle of 26°51’14”, as measured, a radius of 1617.75 feet, a chord length of 751.73 feet, and a chord bearing of N13°54’31”W, thence northwesterly on the arc of said curve, and easterly right of way line of Lyman Drive, a distance of 758.66 feet, to the point of intersection with a second curve to the left, said curve having a central angle of 01°52’46”, as measured, a radius of 4444.96 feet, a chord length of 145.80 feet, and a chord bearing of N25°36’42”W, thence northwesterly, on the arc of said curve and the easterly right of way of Lyman Drive, a distance of 200.26 feet, as measured, to the Point of Beginning, containing an area of 15.74 acres, more or less.

Block 9, Midtown Development Addition

Commencing at the southeast corner of Section 26, thence northerly on the east line of Section 26, bearing N00°26’02”W, a distance of 381.35 feet, to the Point of Beginning, thence bearing S68°09’12”W, a distance of 363.90 feet, to the point of intersection with the east line of a 90.00 feet wide access and utility easement, thence bearing N05°05’28”W, a distance of 104.43 feet, thence bearing N68°09’12”E, a distance of 458.44 feet, thence bearing N00°14’07”W, a distance of 360.08 feet, thence bearing S83°48’15”E, a distance of 212.93 feet, thence bearing S00°11’25”W, a distance of 361.04 feet, thence bearing S68°09’12”W, a distance of 309.74 feet, to the Point of Beginning, containing an area of 3.04 acres, more or less.

Block 10, Midtown Development Addition

Commencing at the northwest corner of Section 36, thence southerly on the west line of Section 36, bearing S00°25’06”E, a distance of 397.90 feet, to the Point of Beginning, thence bearing S67°58’38”E, a distance of 180.84 feet, thence bearing S78°13’58”E, a distance of 277.72 feet, thence bearing S20°22’16”W, a distance of 235.82 feet, thence bearing N78°57’57”W, a distance of 213.92 feet, thence bearing N05°44’32”E, a distance of 153.20 feet, thence bearing N67°58’38”W, a distance of 478.01 feet to the point of intersection with the easterly right of way line of Crescent Drive, as platted, thence bearing N04°30’42”W, on the easterly right of way line of Crescent Drive, a distance of 89.44 feet, thence bearing S67°58’38”E, a distance of 310.20 feet, to the Point of Beginning, containing an area of 2.20 acres, more or less.

Councilmember Blaha introduced and moved the adoption of the resolution. Motion was seconded by Councilmember Doll. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

Whereupon the Mayor declared said Motion carried and Resolution passed.

IN WITNESS WHEREOF, I have hereunto set my hand officially and affix the seal of said City this 23^rd day of August, 2004.

/s/Starr Lehl, Mayor

ATTEST:

/s/Pamela K. Richter, City Clerk

CHANGE IN ZONING FOR MIDTOWN DEVELOPMENT ADDITION PUBLIC HEARING

Mayor Lehl declared the public hearing open at 7:15 p.m. for the change in zoning for Blocks 9 and 10, Midtown Development Addition from General Agricultural District (AGG) to Rural Residential Estate District (RRE). There being no comment during the public hearing, Mayor Lehl declared it closed at 7:15 p.m.

ORDINANCE NO. 1769

AN ORDINANCE TO RECLASSIFY AND REZONE LAND SITUATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, ALL IN TOWNSHIP 22 NORTH, RANGE 55 WEST OF THE 6^TH P.M.., SCOTTS BLUFF COUNTY, NEBRASKA AND PROVIDING FOR AN EFFECTIVE DATE HEREOF was moved by Councilmember Blaha, which motion was seconded by Councilmember Wineman. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

ORDINANCE NO. 1770

AN ORDINANCE OF THE CITY OF GERING, NEBRASKA, VACATING LOTS 19 THROUGH 24, BLOCK 2, MIDTOWN DEVELOPMENT ADDITION AND ABUTTING 25 FOOT ALLEY TO LOTS 20 THROUGH 24, BLOCK 2, MIDTOWN DEVELOPMENT ADDITION, AND LOT 4, BLOCK 7, MIDTOWN DEVELOPMENT ADDITION, AND ABUTTING 25 FOOT ALLEY TO SAID LOT 4, BLOCK 7, MIDTOWN DEVELOPMENT ADDITION, TO THE CITY OF GERING, SCOTTS BLUFF COUNTY, NEBRASKA; PROVIDING FOR THE STATUS OF OWNERSHIP OF SAID PROPERTY SUBSEQUENT TO VACATION; REPEALING ANY ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF was moved by Councilmember Blaha, which motion was seconded by Councilmember Wineman. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

Mayor Lehl thanked Paul Reed for developing and doing business in Gering.

BIDS TO PURCHASE TRUCK AND BODY FOR THE SANITATION DEPARTMENT

Sanitation Superintendent Henry Buhr reviewed bids that were received for a truck, cab, chassis and packer body from Floyd’s Sales and Service and Southwest Equipment Company. Floyd’s bid the truck, cab and chassis and Southwest Equipment Company bid the loader body and compactor. The recommendation was to accept the bid for the truck, cab and chassis from Floyd’s Sales and Service, Inc. in the amount of $61,950 and the loader body and compactor from Southwest Equipment Company for $53,325 for a total purchase price of $115,275. Councilmember Blaha moved and Wineman seconded to approve the bid from Floyd’s Sales and Service, Inc. for the truck, cab and chassis in the amount of $61,950 and the bid from Southwest Equipment Co. for the loader body and compactor for $53,325. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

Sanitation Superintendent Henry Buhr reviewed one bid that was received from SWANN to sell the used truck, cab, chassis and packer body in the Sanitation Department. The bid to have SWANN purchase the used truck and body was $31,685. Superintendent Buhr explained that the bidders for the new truck were offered the opportunity to have a trade price and then also bids were taken to sell it outright. The bids to sell the used truck and packer body were more feasible than to trade it. SWANN will not have possession of the used truck and packer body until the new truck and packer body are received.

Councilmember Gibbs moved and Wineman seconded to accept the bid from SWANN in the amount of $31,685 to sell them the used truck, cab, chassis and packer body from the Sanitation Department. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

SPECIAL DESIGNATED LICENSE FOR THE MEAT SHOPPE

The application for a special designated license from the Meat Shoppe for a cash bar for a Nebraska Economic Developer Association conference event at the Five Rocks Amphitheater on Thursday, September 30, 2004 from 4:00 p.m. to 11:00 p.m. was reviewed. Councilmember Gibbs moved and Morrison seconded to approve the application for a special designated license from the Meat Shoppe for a cash bar for a Nebraska Economic Developer Association conference event at the Five Rocks Amphitheater on Thursday, September 30, 2004 from 4:00 p.m. to 11:00 p.m. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

DESIGNATED PARKING FOR HANDICAP SPACES AND NO PARKING ZONES

Councilmember Blaha moved and Gibbs seconded to remove Resolution 8-04-1, 8-04-2, 8-04-3, 8-04-4, and 8-04-5 from table. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

The five resolutions regarding designated parking for handicap spaces, no parking zones, no parking bus loading, no parking pedestrian loading and no parking school crossing guard parking were reviewed. measurements were taken and verified of these parking zones. Councilmember Gibbs introduced and moved the approval of the following resolutions.

RESOLUTION 8-04-1

WHEREAS, the Gering Public Schools has requested the designation of handicapped parking spaces to serve the Gering Public Schools; and

WHEREAS, the Police Chief has met with the Gering Public Schools and selected the proposed location for the spaces; and

WHEREAS, Section 10-6-11 of the Gering City Code allows the City Council by resolution to designate parking spaces for disabled persons.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gering, Nebraska, hereby designates two handicapped parking spaces to be located as follows:

1. Beginning at the southwest corner of 13^th and “R” Street thence west along the south side of “R” Street for a distance of 118 feet to the point of beginning of the handicap parking spaces and extending 39 west.

2. Beginning at the northwest corner of 7^th and “Q” Street thence west along the north side of “Q” Street a distance of 586 feet to the point of beginning of the handicap parking spaces and extending 38 west.

PASSED AND APPROVED THE 23^RD DAY OF AUGUST, 2004.

/s/Starr Lehl, Mayor

ATTEST:

/s/Pamela K. Richter, City Clerk

RESOLUTION 8-04-2

WHEREAS, the Gering Public Schools has requested the designation of “No Parking” zones to serve the Gering Public Schools; and

WHEREAS, the Police Chief has met with the Gering Public Schools and selected the proposed location for the zones; and

WHEREAS, Section 10-6-2 of the Gering City Code allows the City Council by resolution to designate “No Parking” zones.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gering, Nebraska, hereby designates “No Parking” zones to be located as follows:

1. Beginning at the northwest corner of 13^th and “Q” Street and running 68 feet west

along the north side of Q Street and running 33 feet north along the west side of 13^th Street.

2. Beginning at the southwest corner of 13^th and “R” Street and running 29 feet west along the south side of “R” Street and running 43 feet south along the west side of 13^th Street.

3. Beginning at the southeast corner of 14^th and “R” Street and running 37 feet east along the south side of “R” Street and running 58 feet south along the east side of 14^th Street.

4. Beginning at northeast corner of 14^th and “Q” Street and running 51 feet north along the east side of 14^th Street and running 58 feet east along the north side of “Q” Street.

5. Beginning at the northwest corner of 7^th and “Q” Street and running 37 west along the north side of “Q” Street and running 72 feet north along the west side of 7^th Street.

6. Beginning at the southeast corner of Nelson Ave and Ponder Place, thence 139 east along the south side of Nelson Ave to the point of beginning of the “No Parking” zone for a distance of 37 feet.

7. Beginning at the northeast corner of 17^th and “D” Street and running 69 feet north along the east side of 17^th Street and running 331 feet east along the north side of “D” Street.

8. Beginning at the southeast corner of 18^th and “D” Street and running east along the south side of “D” Street for a distance of 252 feet, excluding an area 20 feet long beginning 125 feet from the corner.

PASSED AND APPROVED THE 23^RD DAY OF AUGUST, 2004.

/s/Starr Lehl, Mayor

ATTEST:

/s/Pamela K. Richter, City Clerk

RESOLUTION 8-04-3

WHEREAS, the Gering Public Schools has requested the designation of “No Parking 7 a.m. to 4 p.m. Bus Loading” zone to serve the Gering Public Schools; and

WHEREAS, the Police Chief has met with the Gering Public Schools and selected the proposed location for the zone; and

WHEREAS, Section 10-6-2 of the Gering City Code allows the City Council by resolution to designate “No Parking 7 a.m. to 4 p.m. Bus Loading” zone.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gering, Nebraska, hereby designates “No Parking 7 a.m. to 4 p.m. Bus Loading” zone to be located as follows:

1. Beginning at the northeast corner of 14^th and “Q” Street, thence north along the east side of 14^th Street a distance of 51 feet to a point of beginning of the “No Parking 7 a.m. to 4 p.m. Bus Loading” zone and extending north for a distance of 233 feet.

2. Beginning at the northwest corner of 7^th and “Q” Street, thence west along the north side of “Q” Street a distance of 187 feet to a point of beginning of the “No Parking 7 a.m. to 4 p.m. Bus Loading” zone and extending west for a distance of 379 feet.

3. Beginning at the southeast corner of Nelson Ave and Ponder Place, thence east along the south side of Nelson Ave a distance of 234 feet to a point of beginning of the “No Parking 7 a.m. to 4 p.m. Bus Loading” zone and extending east a distance of 114 feet.

PASSED AND APPROVED THE 23^RD DAY OF AUGUST, 2004.

/s/Starr Lehl, Mayor

ATTEST:

/s/Pamela K. Richter, City Clerk

RESOLUTION 8-04-4

WHEREAS, the Gering Public Schools has requested the designation of “No Parking 7 a.m. to 4 p.m. Pedestrian Loading” zone to serve the Gering Public Schools; and

WHEREAS, the Police Chief has met with the Gering Public Schools and selected the proposed location for the zone; and

WHEREAS, Section 10-6-2 of the Gering City Code allows the City Council by resolution to designate “No Parking 7 a.m. to 4 p.m. Pedestrian Loading” zone; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gering, Nebraska, hereby designates “No Parking 7 a.m. to 4 p.m. Pedestrian Loading” zone to be located as follows:

1. Beginning at the northwest corner of 13^th and “Q” Street thence north along the west side of 13^th Street a distance of 33 feet to a point of beginning of the “No Parking 7 a.m. to 4 p.m. Pedestrian Loading” zone and extending north for a distance of 251 feet.

PASSED AND APPROVED THE 23^RD DAY OF AUGUST, 2004.

/s/Starr Lehl, Mayor

ATTEST:

/s/Pamela K. Richter, City Clerk

RESOLUTION 8-04-5

WHEREAS, the Gering Public Schools has requested the designation of “No Parking 7 a.m. to 4 p.m. School Crossing Guard Parking” zone to serve the Gering Public Schools; and

WHEREAS, the Police Chief has met with the Gering Public Schools and selected the proposed location for the zone; and

WHEREAS, Section 10-6-2 of the Gering City Code allows the City Council by resolution to designate “No Parking 7 a.m. to 4 p.m. School Crossing Guard Parking” zone; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gering, Nebraska, hereby designates “No Parking 7 a.m. to 4 p.m. School Crossing Guard Parking” zone to be located as follows:

1. Beginning at the southeast corner of 18^th and “D” Street, thence east along the south side of “D” Street a distance of 125 feet to the point of beginning of the “No Parking 7 a.m. to 4 p.m. School Crossing Guard Parking” zone and extending east for a distance of 20 feet.

PASSED AND APPROVED THE 23^RD DAY OF AUGUST, 2004.

/s/Starr Lehl, Mayor

ATTEST:

/s/Pamela K. Richter, City Clerk

Motion was seconded by Councilmember Wineman. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

CHARTER COMMUNICATIONS REINSTATEMENT OF KLWY (FOX)

A resolution was prepared to request Charter Communications to reinstate KLWY-TV (Fox affiliate) to the cable line-up in Scottsbluff/Gering. Steve Schirber, General Manager for Charter Communications from Kearney, was present to explain the situation between Charter Communications and KLWY. He explained under Federal law, the cable company has two ways to carry programming. The first one is must-carry and the second one is retransmission consent. The retransmission consent means that the cable company can carry the affiliate, but they have to agree to terms that the cable operator and broadcaster negotiate. KLWY is one of the transmission consent programming on Charter’s line-up. Mr. Schirber explained that they have a three year agreement with KLWY that would have expired December 31, 2005, but KLWY exercised the option in the contract to renegotiate halfway through the agreement. As of August 5, 2004, KLWY requested that Charter not carry its signal. Mr. Schirber explained Charter has attempted to reach an agreement with them, but could not reveal the confidential terms of the agreement. He felt Charter had tried to meet their demands, but as of August 5, with no resolution, they were instructed to take KLWY off of their line-up. He explained they are still talking and reviewing options with them. He explained they have had several calls regarding the Fox affiliate because they do carry sports, which will include the baseball playoffs, World Series, and Super Bowl this year.

Mr. Schirber explained that Charter cannot bring in another Fox affiliate because this is the area designated for the market of KLWY. He indicated they are considering putting a movie channel during the interim so the channel is not left blank.

Councilmember Wineman inquired about the raise in cable rates and then the loss of channel. Mr. Schirber explained they will try to replace programming.

Councilmember Gibbs felt that the problem should be solved or have the programming replaced because the City Council’s constituents are in the middle of the situation between Charter Communications and KLWY. He suggested that possibly Congress and other representatives could be contacted to try to get this area out of the Cheyenne designated market.

It was suggested that possibly KLWY should be invited to a City Council meeting to hear their side of the story.

Mayor Lehl suggested that phone calls and letters with a resolution be sent to KLWY to help get the situation resolved. Charter Communications will supply the name and address for the phone calls and letters to be sent.

The cost for Charter Communications to carry Fox was discussed and it was indicated that they had not been paying to carry KLWY.

Councilmember Blaha also suggested to work with the FCC or whoever designates the market areas and use that approach to get another Fox affiliate.

Darrell Bentley mentioned the deregulation of all the other services provided in the country such as airlines and telephones and why cable was not a part of this.

Councilmember Gibbs offered some suggestions to amend the resolution presented to the council and moved approval of the amended resolution.

RESOLUTION NO. 8-04-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GERING, NEBRASKA REQUESTING THE REINSTATEMENT OF KLWY-TV (FOX AFFILIATE) BY CHARTER COMMUNICATION.

WHEREAS, Charter Communication has recently ceased to carry KLWY-TV (Fox affiliate); and

WHEREAS, KLWY has Fox rights to the Scottsbluff/Gering market even though their signal is not available as a broadcast signal in this market; and

WHEREAS, many resident cable subscribers have expressed great displeasure about the cessation to elected officials and staff representing the City of Gering; and

WHEREAS, the situation aforementioned appears to be capable of resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GERING:

That Charter Communication and KLWY-TV compromise their differences and reinstate the signal for KLWY-TV (Fox affiliate), or the Gering City Council will petition the FCC to remove KLWY’s exclusive market here.

PASSED AND APPROVED THIS 23^rd DAY OF AUGUST, 2004.

/s/Starr Lehl, Mayor

ATTEST:

/s/Pamela K. Richter, City Clerk

On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

PARKING REGULATIONS AT ROBIDOUX RV PARK DURING CONCERTS

ORDINANCE NO. 1771

AN ORDINANCE AMENDING TITLE X, CHAPTER 6 OF THE GERING MUNICIPAL CODE PROVIDING FOR PARKING REGULATIONS OF TRAILERS, CAMPER TRAILERS AND MOTOR HOMES IN ROBIDOUX R.V. PARK DURING CONCERTS AT FIVE ROCKS AMPHITHEATER; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF was moved by Councilmember Morrison, which motion was seconded by Councilmember Hehnke. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

CONSENT AGENDA

Councilmember Wineman moved and Gibbs seconded to remove Resolution 8-04-14 to approve creation of a Keno Endowment Fund from consent agenda. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

Darrell Bentley, Chairman of the Keno Committee, was present and explained that when the committee was appointed, they requested that half of the proceeds of Keno be put in an endowment fund to accumulate a million dollars and then the interest of that could be used for community betterment. He felt a resolution would help remind future councils not to spend the money of the endowment. A brief discussion regarding binding future councils was held and it was indicated that for the endowment fund to be changed, this resolution could be rescinded or amended.

Councilmember Wineman introduced the following resolution for approval.

RESOLUTION NO. 8-04-14

A RESOLUTION FORMALIZING CITY COUNCIL INTENT TO CREATE A KENO ENDOWMENT FUND.

WHEREAS, the City of Gering began receiving Keno lottery funds in 1994;

WHEREAS, the practice has been since that time to apply fifty percent (50%) of the proceeds to community betterment and fifty percent (50%) applied toward the creation of a Keno Endowment Fund;

WHEREAS, there will be approximately $420,000 in the Keno Endowment Fund at the end of Fiscal Year 2004;

WHEREAS, a goal has been established of $1,000,000 in the Keno Endowment Fund thereafter using the interest generated toward community betterment in addition to the entire annual proceeds; and

WHEREAS, it is the desire of the City to formalize the aforementioned practice.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GERING:

That the creation of a Keno Endowment Fund is hereby formalized;

That fifty percent (50%) of the annual proceeds be applied to community betterment and fifty percent (50%) of the annual proceeds be applied to the Keno Endowment Fund until such time as said fund reaches $1,000,000;

That thereafter the entire annual proceeds from the keno operation will be utilized for community betterment projects along with or in addition to interest generated by the Keno Endowment Fund.

PASSED AND APPROVED THIS 23^rd DAY OF AUGUST, 2004.

/s/Starr Lehl, Mayor

ATTEST:

/s/Pamela K. Richter, City Clerk

Seconded by Gibbs. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.

Councilmember Gibbs moved and Wineman seconded to:

1. Approve the minutes of the August 9, 2004 regular city council meeting and August 11, 2004 special city council meeting;

2. Approve the Scottsbluff, Gering, Terrytown pathway contract;

3. RESOLUTION NO. 8-04-9

And comprising of Blocks 9 and 10, Midtown Development Addition, an Addition to the City of Gering, Scotts Bluff County, Nebraska, situated in the Southwest Quarter of the Southwest Quarter of Section 25, and the Northwest Quarter of the Northwest Quarter of Section 36, all in Township 22 North, Range 55 West of the 6^th P.M., Scotts Bluff County, Nebraska.

3. The plan for the extension of city services to the land proposed for annexation is available for inspection during regular business hours at the City Administration offices at 1025 P Street, Gering.

WHEREAS, local municipal and county government must provide leadership for improving community and economic development efforts; and

WHEREAS, community and economic development needs can best be determined and solved through a cooperative effort between elected officials and the citizens they represent; and

WHEREAS, the Nebraska Community Improvement Program, administered by the Nebraska Department of Economic Development, has been reviewed and found to be a means to improve our community; and

WHEREAS, the City Council of the City of Gering do herewith pledge their full support, endorsement, and cooperation in carrying out the requirements of the NCIP;

That the City of Gering urges its citizens to join this effort and hereby declares this city to be an official entrant in the NCIP for the year of 2004.

WHEREAS, “D” Street has been connected to Nebraska Highway 71 and a need exists for a stop sign on “D” Street; 20^th Street has been connected to “D” Street and a need exists for stop signs on 20^th Street; and Pappas Boulevard has been connected to Nebraska Highway 92 and a need exists for a stop sign on Pappas Boulevard; and

WHEREAS, the Manual on Uniform Traffic Control Devices (MUTD), 2000 Edition, at Section 2B.05 states, in part, that “a stop sign may be warranted where there is intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous”; and

WHEREAS, “D” Street is intersecting with a State Highway; 20^th Street is intersecting with “D” Street with limited sight distance; and Pappas Boulevard is intersecting with a State Highway; and

WHEREAS, the Street Superintendent found that traffic conditions warranted the placement of stop signs at the following intersections in the interest of public safety in accordance with the MUTD:

WHEREAS, Section 10-5-1.1 of the Gering City Code provides that the Mayor and City Council shall designate by resolution the location for installation of stop signs in the City of Gering.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gering, hereby designates that stop signs shall be installed at the locations set forth above in this resolution.

Payroll (ended 8/15/04) 78,829.91; City Payroll Trust, 18,084.24 Payroll Withholding; Internal Revenue Service, 25,034.44 Payroll Taxes; Meat Shoppe, 2,692.31 Mgmt Contract-Civic Center; NE Child Support Payment Center, 819.35 Payroll Withholding; SCB Federal Credit Union, 1,094.46 Payroll Withholding; Western Heritage Credit Union, 240.00 Payroll Withholding; Accurint – Acct #1008459, .25 Dues/Subsc; Aeration Industries Inter. Inc., 761.36 Airgas Intermountain Inc., 11.07 Maint/Equip; Alamar Uniforms, 291.96 Sup; Alco Store #215, 83.63 Sup; American Water Works Assn, 114.00 Dues/Conf; Atco International, 119.60 Materials; B & C Steel, 53.16 Sup; The Benefit Group, Inc., 155.10 Admin Fees; Bluffs Sanitary Supply, 365.50 Sup; Broadway Office Centre, 776.40 Sup; Brown/Nelson Electric, 730.72 Sup; Budget Tire & Service, 12.00 Maint; Henry Buhr, 409.50 Schools/Conf; Burmeister, 14,229.98 Elec Distribution Materials; Canon Financial Services, Inc., 163.20 Oper Sup; Capstone, 400.00 Schools/Conf; Cementer’s Mobile Mix, 82.47 Sup; City of Scottsbluff-Sanitation, 75.00 Disposal/Recycling Fees; Cleanwright Services, 450.00 Rep/Maint; Colorado General Equipment Co., 43.00 Equip; Comm Source, Inc., 634.48 Equip Rep; Contractors Materials, 66.50 Sup; Copier Connection, Inc., 160.00 Rep/Maint; Crescent Electric Supply Co., 2,703.12 Elec Distribution Materials; Culligan Water Conditioning, 117.05 Rental; Dale’s Tire and Retreading, 66.00 Rep/Maint; Diane Downer, 121.45 Books; Dutton-Lainson Company, 385.20 Sup; Easy Picker Golf Products Inc., 1,396.54 Golf Course Equip Rep; Ecolab Pest Elimination, 73.00 Svcs; Electrical Systems Consultants, 2,607.76 Engineer Fee-SCADA System; Enviro Service Inc., 388.00 Lab Work; Excalibur Floral & Co., 100.00 Entertainment Costs; Falco-Intralinks, LLC, 1,933.25 Computer Printer & Support; Farm Plan, 123.69 Rep/Oper Sup; Fastenal Company, 173.85 Equip; Fedex, 41.58 Postage; John N. Fillingham, 200.00 Water Tap Fees Refund; Floyd’s Sales & Service, Inc. 232.44 Maint; G.O. Baseball, 100.00 Pool Party Refund; The Gale Group, 408.26 Books; Gering Courier, 2033.30 Pubs & Sup; Gering Pharmacy, 1.59 Sup; Gering Valley Plumbing & Htg., 926.23 Svc/Sup; Gering Volunteer Fire Dept., 51.00 Conf/Seminar; Global Equipment Co., 143.32 Equip; Goodwin Printers, 57.85 Sup; Great Plains One-Call Svc, 111.79 Comm; Harding, Schultz & Downs, 170.60 Legal Fees; Hawkins Water Treatment, 1,578.05 Swimming Pool Chemicals; The Hearst Corporation, 24.00 Magazines; Heilbrun, 1,483.42 Equip Rep-All Depts; Highsmith Co., Inc., 120.21 Books; Hitches Galore, 1,358.46 Equip Rep; Home, 13.00 Subsc; Hullinger Glass & Locks, 50.00 Svc; Ideal Linen Supply, Inc., 1,217.90 Sup; Independent Plumbing & Heating, 2,511.33 Library Air Conditioner; Inland Truck Parts Co., 37.24 Rep/Maint; Jirdon Agri Chemicals, Inc., 4,116.74 Fertilizer & Chemicals; Johnson Cashway Co., 1,157.66 Sup – All Depts; Steven Johnston, 200.00 Elec Rebate; KCMI-FM97, 250.00 Adv; KN Energy Inc., 30.66 Utilities; Kota Territory ABC, 1,120.00 Amphitheater Adv; Kawasaki Korner, .93 Maint; Klein Survey System Inc., 610.11 Oper Sup; Kovarik, Ellison, Mathis, Weimer, 1,441.30 Legal Fees; Timothy B. Kreider, 1,000.00 Appraisal Fee; Kriz-Davis Co., 104.67 Sup; DeLage Landen Financial Svc, 216.91 Office Sup; Masek Golf Car Company, 2,431.00 Golf Cart Rental & Repair; Matt Friend Truck Equip, 279.35 Equip Maint; Meat Shoppe, 10,941.18 Catering Costs; Henry Moreno, 1,233.60 Tuition Reimbursement-Police; Municipal Energy Agency of NE, 208,211.47 Power Purchases; Jose Munoz, 200.00 Water Tap Fees Refund; NSAE, 300.00 Adv/Promotions; National Imprint Corp., 125.50 Oper Sup; NE Cornhusker Chapter of SWANA, 100.00 Schools/Conf; Nebraska Department of Revenue, 437.24 Tax/Sup; NE Department of Revenue, 41,760.39 Sales Tax; Nebraska Machinery Company, 45.75 Sup/Maint; Nebraska Municipal Power Pool, 846.80 Sup/Contract/Conf; NE Safety/Fire Equip, Inc., 72.00 Svcs; Nebraska Well Drillers Assn, 165.00 Schools/Travel; Northwest Pipe Fittings, Inc., 649.48 Sup; Oregon Trail Plmbg & Heating, 139.26 Sup; Panhandle Concrete Prod Inc., 2,194.50 Street & Fire Dept Concrete; Panhandle Coop Assn, 325.11 Sup; Panhandle Geotechnical, 95.00 Engineering; Panhandle Learning Center, 117.00 Schools/Conf; Chris Perales, 1,723.40 Schools/Conf; Performance Automotive Co., 1.98 Sup; Pitney Bowes Inc., 265.56 Sup/Postage; Powerplan, 79.51 Rep/Maint; R & R Products, Inc., 100.40 Equip; Robinson Electric, 72.00 Rep; Salem Media of CO, Inc., 475.00 Books; Sandberg Implement, Inc., 6.00 Sup; Schaeffer Mfg. Co., 370.20 Rep/Maint; Jennifer Schwartz, 17.00 Swim Lessons Refund; SCB County Register of Deeds, 38.00 Registration Fees; SCB County Register of Deeds, 45.75 Filing Fees; SCB County Sheriff Office, 92.43 Fees; Scottsbluff Winnelson Co., 20.94 Maint/Sup; Select Van/Cornhusker Moving, 4,776.72 City Administrator Moving Expense; Leland Sieb, 804.00 Engineers Fees; Solomon Corporation, 3,736.00 Elec Distribution Material; Solutions EAP, 214.40 Svcs; Sons of the American Legion, 2,445.90 Community Betterment Project-Keno Funds; Southern Living Books, 32.91 Books; Sparling Instruments, Inc., 121.80 Well Maint; Sprint, 31.63 Telephone; Sprint-United Telephone, 4,677.33 Telephone; Sprint Yellow Pages, 43.25 Adv; Staples Credit Plan, 255.22 Sup; Star Herald, 355.08 Pub; Sunmart Foods, 32.29 Sup; Swank Motion Pictures, Inc., 268.75 Entertainment Costs; TL Enterprises Inc., 1,345.00 RV Park Adv; Tom Tarr, 920.00 Rep/Maint; Team Chevrolet, 47.87 Svcs; Thomas Bouregy & Co., 138.00 Books; Robert Thomason, 276.23 Refund; Michael Todd & Co., Inc., 808.19 Traffic Control Sup; United Chamber of Commerce, 10.00 Dues/Svcs/Conf; United Parcel Service, 87.10 Postage; Van Diest Supply Co., 506.00 Fertilizer/Chemicals; Walmart Community, 29.88 Sup; Welch Equipment, 31.85 Equip Maint; Peggy Wells, 650.00 Civic Center Refund; Western Pathology Consultants, 281.30 Svcs; Western Truck Service, 220.00 Freight; Western United Elec Supply Co., 432.55 Oper Exp. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: Koob.