KEARNEY CITY COUNCIL

Transcription

1 KEARNEY CITY COUNCIL AGENDA City Council Chambers, 18 East 22nd Street November 25, :30 p.m. 1. Invocation/Moment of Silence. 2. Pledge of Allegiance. 3. Announcement on Open Meetings Act. 4. Roll call. I ROUTINE BUSINESS 5. Oral Communication: UNK Criminal Justice Club Presentation Presentation by Barney Insurance on City of Kearney Insurance Program None. None. II UNFINISHED BUSINESS III PUBLIC HEARINGS IV CONSENT AGENDA * 1. Approve Minutes of Regular Meeting held November 12, Approve the Claims. 3. Receive recommendations of Planning Commission and set December 9, 2014 at 5:30 p.m. as date and time for hearing on those applications where applicable. 4. Approve setting December 9, 2014 at 5:30 p.m. as the time and date to meet as the Board of Equalization to assess costs in connection with Water District No and Sanitary Sewer District No Approve the application for a Special Designated License submitted by Kearney Steak Company dba Whiskey Creek in connection with their Class IK liquor license to dispense beer, wine and distilled spirits inside The Archway located at 3060 East 1st Street on December 13, 2014 from 5:30 p.m. until 1:00 a.m. for a reception.

2 November 25, 2014 Page 2 6. Accept the Certificate of Vote by the Buffalo County Election Commissioner for the November 4, 2014 General Election for Kearney City Council and the City of Kearney Bond & Occupation Tax Issue. 7. Adopt Resolution No approving the Technical and Professional Services Contract between the City of Kearney and Miller & Associates for Community Development Block Grant Program CR Supplemental (Grant No. 14-CR-104). 8. Adopt Resolution No approving Change Order No. 2 showing a decrease in the amount of $43,183.00, Application and Certificate for Payment No. 5-Final in the amount of $150,945.94, and accept the Certificate of Substantial Completion submitted by Paulsen, Inc. and approved by Miller & Associates for the 2013 Part 1 Improvements Bid B consisting of Paving Improvement District No for 50th Street from 11th Avenue to 17th Avenue, 51st Street Place from 15th Avenue Place to 16th Avenue Place, all of 14th Avenue Place, all of 15th Avenue Place, all of 16th Avenue Place, all of Loveland Drive all in Fountain Hills Fifth Addition, 11th Avenue from 48th Street north to the north lot line of Lot 10 of Block 3, Fountain Hills Third Addition. 9. Adopt Resolution No approving Change Order No. 2 showing an increase in the amount of $11, and Application and Certificate for Payment No. 5 in the amount of $432, submitted by Blessing LLC and approved by Miller & Associates for the 2014 Part 2 Improvements consisting of Paving Improvement District No for Central Avenue from 31st Street to a point 150 feet south of 26th Street and 26th Street from Central Avenue to Avenue C. 10. Adopt Resolution No approving Application and Certificate for Payment No. 1 in the amount of $126, submitted by Midlands Contracting and approved by Miller & Associates for the 2014 Part 7 Improvements consisting of Paving Improvement District No for 4th Street from 3rd Avenue to 6th Avenue and Sanitary Sewer Connection District No commencing at a point near the Kearney RV Park located at 315 Avenue M, northward and westward in an easement, Landon Street if extended, thence northward through Riverside Addition and Kreutz Addition to 4th Street, thence westward to Central Avenue. * Any item listed on the Consent Agenda may, by the request of any single Council member, be considered as a separate item under the Regular Agenda Section of the Agenda. V CONSENT AGENDA ORDINANCES * 1. Approve Ordinance No selling part of South Railroad Street as it abuts Lot 774, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska to HBD Corporation. 2. Approve Ordinance No amending the Kearney City Code by adding a new Article 30 entitled Restaurant and Drinking Place Occupation Tax to Chapter 3 Business Regulations by providing a purpose; definitions; tax imposed; collection of tax; return; tax cumulative; use of revenue; failure to file return; delinquency; assessment by Director of Finance; administration of Article; miscellaneous provisions; recovery of unpaid tax by action at law; suspension or revocation of licenses for failure to pay tax; hearing.

3 November 25, 2014 Page 3 None. VI REGULAR AGENDA VII REPORTS VIII ADJOURN Mayor Stanley Clouse 4907 Linden Drive Place cell office mayor@kearneygov.org Council Member Bob Lammers 8 Crestview Place home office citycouncil@kearneygov.org Vice-President Randy Buschkoetter th Avenue home cell citycouncil@kearneygov.org Council Member Jonathan Nikkila 4 Regency Place cell citycouncil@kearneygov.org Council Member Bruce Lear 4803 Avenue L Place home office citycouncil@kearneygov.org City Manager Michael Morgan 18 East 22nd Street office mmorgan@kearneygov.org A current agenda is on file at the Office of the City Clerk at City Hall, 18 East 22nd Street, Kearney, Nebraska. For more information, call or visit our website at

4 Kearney, Nebraska November 12, :30 p.m. A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 5:30 p.m. on November 12, 2014, in the Council Chambers at City Hall. Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Bruce Lear, Bob Lammers and Jonathan Nikkila. Absent: None. Michael Morgan, City Manager; Michael Tye, City Attorney; Wendell Wessels, Director of Finance; Suzanne Brodine, Assistant City Manager/ Development Services Director; Kirk Stocker, Director of Utilities; Rod Wiederspan, Director of Public Works; and Shawna Erbsen, Administrative Services Director were also present. Some of the citizens present in the audience included: Mitch Humphrey, Bruce Lefler, Cory Walcott, Carrie Hardage, 25 UNK students, Steve Altmaier from KGFW Radio, Ashley White from Kearney Hub. 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. INVOCATION/MOMENT OF SILENCE I. ROUTINE BUSINESS With the absence of a minister, the Council held a moment of silence. PLEDGE OF ALLEGIANCE 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 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted on the wall of the Council Chambers. RECOGNITION Mayor Clouse and Council Members recognized Liam Murphy and presented him a Proclamation. Liam is a Kearney Catholic High School senior that participated in cross country race.

5 November 12, 2014 Page 2 ORAL COMMUNICATIONS There was no Oral Communications. II. UNFINISHED BUSINESS There was no Unfinished Business. III. PUBLIC HEARINGS DEVELOPMENT OF WISE ESTATES; 3720 COTTONMILL AVENUE WEST OF COTTONMILL AVENUE AND SOUTH OF QUAIL LANE Mayor Clouse opened the public hearing on the Applications submitted by Buffalo Surveying for Thelma Wise for (1) to vacate Lot 1, Star View Acres, a subdivision to Buffalo County, Nebraska and consider Ordinance No. 7939; and (2) the Final Plat for Wise Estates, Buffalo County, Nebraska, for property described as a tract of land being Lot 1, Star View Acres, a subdivision being part of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of 6th P.M., Buffalo County, Nebraska (3720 Cottonmill Avenue west of Cottonmill Avenue and south of Quail Lane) and consider Resolution No Planning Commission recommended approval. The applicant is requesting approval to subdivide land in the two-mile extraterritorial jurisdiction of the City. This property was previously platted as one large tract known as Lot 1 of Star View Acres consisting of approximately 28 acres. The land is located west of town on the west side of Cottonmill Avenue. The Owner is proposing two rural residential lots to be subdivided from the overall tract. 39 th Street borders the overall tract on the north side but does not touch the two proposed lots. Lot 1, Star View Acres will be vacated in its entirety so that the property can be replatted as Wise Estates Subdivision. Both the Preliminary and Final Plat propose a two-lot subdivision containing 7.18 acres. Proposed Lot 2 contains an existing house and consists of 3.02 acres. Proposed Lot 1 is bordered on the east side by Cottonmill Avenue and sits between the road and Lot 2. Lot 2 contains 3.51 acres. The balance of the Owner s property at 21 plus acres exceeds the 20 acre threshold for Agricultural zoning and will remain as such. An existing driveway from Cottonmill Avenue provides access to the existing house. A public street to be known as Quail Lane is shown following the existing driveway alignment and terminating near the west edge of Lot 2 in a temporary cul-de-sac. Staff expressed concerns that the proposed cul-de-sac exceeds the 600-foot maximum length limit set forth in the ULDO. The applicant was offered two choices to address this concern. The length of the road could be reduced to 600 feet or less, or a secondary means of access to the north from 39th Street could be shown as a future public road on the Preliminary Plat. The applicant chose option 2 and a future public road is shown on the Preliminary Plat tying the cul-de-sac to 39th Street. Even though the Preliminary Plat is not reviewed by City Council or filed at the Register of Deeds, the Development Services Department will keep it in the subdivision file. Developers that may be considering purchase and further subdivision of the remaining land will understand that

6 November 12, 2014 Page 3 a secondary access is required. The final alignment of the future road may be revised prior to Final Platting of the remaining property. No Public Works Plan is required. City services are not available at this location. The lots will be served by individual wells and septic systems. No Subdivision Agreement is required. Mitch Humphrey from Buffalo Surveying presented this matter to the Council. Thelma and Buzz Wise acquired the property known as Quail Country which was vacated in 1984 and platted as Star View Acres with acres and they built their home there. The corner lot is the only remaining of the Quail Country subdivision. Mrs. Wise has decided that it would be best for her to move into town and find a way to let someone else enjoy her house. To accomplish that they need to vacate a part of Lot 1 of the Star View subdivision and come in with a 2-lot subdivision that is split right along the corridor and create a lot that will be a little over three acres and then a lot around her house site that has 3½ acres. They do recognize that the length of that roadway is in excess of 600 feet; however, they did present a Preliminary Plat that reflects a roadway pattern that mimics what is built out there. Should somebody want to purchase the remainder of what they are vacating they will be well aware of the fact that if they develop that they would have to find some additional connectivity to 39th Street. If they decide they may not want to develop that or pasture it, they can certainly do that too. There was no one present in opposition to this hearing. Moved by Lammers to close the public hearing on the Applications submitted by Buffalo Surveying for Thelma Wise for the vacation of part of Lot 1, Star View Acres, a subdivision to Buffalo County, Nebraska and introduced Ordinance No 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 Nikkila seconded the motion to close the hearing and suspend the rules for Ordinance No 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, Lear, Nikkila, Lammers, Buschkoetter. 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 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Nikkila, Lammers, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number. Moved by Nikkila seconded by Lear that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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

7 November 12, 2014 Page 4 Kearney Police Department and the Kearney Public Library. Moved by Lear seconded by Buschkoetter to adopt Resolution No approving the Final Plat for Wise Estates, Buffalo County, Nebraska, for property described as a tract of land being part of Lot 1, Star View Acres, a subdivision being part of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of 6th P.M., Buffalo County, Nebraska (3720 Cottonmill Avenue west of Cottonmill Avenue and south of Quail Lane). Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay: None. Motion carried. RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of Wise Estates, Buffalo County, Nebraska for Part of the North Half of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska containing 7.18 acres, more or less, all in Buffalo County, Nebraska, more particularly described as follows: part of Lot 1, Star View Acres, now vacated, a subdivision being part of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: A tract of land being part of the North Half of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the Northwest Corner of the Northwest Quarter of said Section 32 and assuming the West line of said Northwest Quarter as bearing S00 39'12"W and all bearings contained herein are relative thereto; thence S00 39'12"W on the West line of said Northwest Quarter a distance of 40.0 feet to a point on the South right-of-way line of a Public Road (39th Street); thence continuing S00 39'12"W on the West line of the Northwest Quarter a distance of feet; thence leaving the West line of the Northwest Quarter, S89 55'29"E a distance of feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89 55'29"E a distance of feet to a point that intersects on the West right-of-way line of a Public Road (Cottonmill Avenue); thence N16 06'17"W on the aforesaid West right-of-way line of a Public Road (Cottonmill Avenue) a distance of feet to a point of curvature, said point being on the South right-of-way line of a Public Road (Quail Lane); thence on the South right-of-way line of a Public Road (Quail Lane) and on a 50.0 foot radius curve to the left, forming a central angle of 90 00' an arc distance of feet to a point of compound curvature; thence continuing on the South right-of-way line of said Public Road (Quail Lane) and on a foot radius curve to the left, forming a central angle of 24 30' an arc distance of feet to a point of reverse curvature; thence continuing on the South right-of-way line of said Public Road (Quail Lane) and on a foot radius curve to the right, forming a central angle of 15 59'38" an arc distance of feet; thence leaving said South right-ofway line, non-tangent, N24 36'37"W a distance of 60.0 feet to the Southwest Corner of Lot 1, Quail Country, a subdivision being part of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, said point also being on a non-tangent foot radius, concave northwesterly; thence southwesterly on said non-tangent curve forming a central angle of 32 18'36" an arc distance of feet to a point of compound curvature, said point bears S81 35'00"W a chord distance of feet from the Southwest Corner said Lot 1, Quail Country; thence on a foot radius curve to the right forming a central angle of 58 24'43" an

8 November 12, 2014 Page 5 arc distance of feet to a point of compound curvature; thence on a foot radius curve to the left forming a central angle of '54" an arc distance of feet to a point of tangency; thence S21 57'07"W a distance of feet to a point on a non-tangent foot radius curve, concave northeasterly; thence northwesterly on said non-tangent curve forming a central angle of 02 59'35" an arc distance of feet, said point bears N66 35'51"W a chord distance of feet from the previously described point; thence leaving said non-tangent curve radially, S24 51'11"W a distance of feet; thence S07 24'45"W a distance of 27l.80 feet to the place of beginning, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the terms and requirements of Sections through inclusive, R.R.S (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska. 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 12TH DAY OF NOVEMBER, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR IV. CONSENT AGENDA Moved by Buschkoetter seconded by Clouse that Subsections 1 through 11 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Nikkila, Lammers. Nay: None. Motion carried. 1. Approve Minutes of Regular Meeting held October 28, 2014 and Minutes of Special Meeting held November 5, Approve the following Claims: PS SMCS ER CO DS Personnel Services Supplies, Materials & Contractual Services Equipment Rental Capital Outlay Debt Service Alamar Uniforms $ smcs; Alfred Benesch $1, co; Amazon $4, smcs; Amer First Aid $87.26 smcs; Amsan $1, smcs; Anderson Bros $ smcs; Anderson,B $40.00 smcs; Arizona Manufacturing $2, smcs; Arrow Striping $2, smcs; Ask Supply $ smcs; Aurora Coop $2, smcs; B&B Technologies $1, smcs; Baker & Taylor $3, smcs; Barney Abstract $ smcs; Baughman,J $40.60 smcs; Blessing $96, co; BlueCross BlueShield $209, smcs; Bosselman $29, smcs; Bourbon,D $39.89 smcs; Broadfoots $2, smcs; Buffalo C. Register Deeds $ smcs; Buffalo Co Weed Control $ smcs; Builders $ smcs,co; Capital Business Systems $ smcs; Carquest $1, smcs; Cash-Wa $ smcs; Caudillo,J $53.76 smcs; Center Point Large Print $24.47 smcs; Charter $ smcs; Charter Media $3, smcs; ChemSearch $ smcs; Chief Supply $ smcs; City of Ky $372,077.23

9 November 12, 2014 Page 6 smcs,co,ps; Community Action Partner $1, smcs; Consolidated Management $ smcs; Control Yours $ smcs; Copycat Printing $ smcs; Culligan $ smcs; Curbit $1, smcs; Dan Roeder Concrete $253, co; Dmilaco $ ps; Dowhy Towing $ smcs; Eakes $ smcs; Eirich,T $50.00 smcs; Farmers Union Coop $ smcs; Feldner,J $26.00 smcs; Frontier $65.98 smcs; Gale $ smcs; Geographic Technologies $3, smcs; Hays,J $ smcs; HD Supply $10, smcs; Heartland Strategy Group $5, smcs; Hometown Leasing $ smcs; Hy-Vee $50.00 smcs; ICMA $5, smcs,ps; IRS $129, ps; Intl Assn for Identification $80.00 smcs; IPEX $1, smcs; IPMA $ smcs; Island Supply $ smcs; Jack Lederman $31.66 smcs; Johnson Service $3, smcs; Ky Animal Shelter $7, smcs; Ky Area United Way $ ps; Ky Gaming $ smcs; Ky Hub $ smcs; Ky Investment $ ps; Ky Towing $ smcs; Ky Visitors Bureau $51, smcs; Kiplinger Tax Letter $67.00 smcs; Krull Ins $1, smcs; Landmark Implement $2, smcs; Law Enforcement Training $ smcs; Linda's Upholstery $ smcs; Lockmobile $11.25 smcs; Luke,D $ smcs; Magic Cleaning $4, smcs; Mail Express $7, smcs; Markussen,P $88.42 smcs; Marlatt Machine $ smcs; Masonic Temple Assoc $ smcs; Matheson-Linweld $22.09 smcs; McEntee,S $ smcs; Menards $ smcs,co; Metlife $8, ps; Midwest Pump $1, smcs; Midwest Turf $ smcs; Miller & Associates $10, co; Miller Signs $ smcs; Mindmixercom $ smcs; Morgan,M $47.60 smcs; Municipal Supply $2, smcs; Navigator Motorcoaches $1, smcs; NCS Equipment $1, smcs; NE Child Support $2, ps; NE City Management $ smcs; NE Dept of Environment $ smcs; NE Dept of Revenue $38, ps; NE Municipal Clerks $35.00 smcs; NE Safety & Fire $ smcs; NeRPA $ smcs; Northwestern Energy $ smcs; Novus Glass $35.00 smcs; Office Depot $2.30 smcs; O'Keefe Elevator $ smcs; O'Reilly Automotive $ smcs; Padgett,S $ smcs; Paramount $ smcs; Payflex Systems $ smcs,ps; Payton,D $54.30 smcs; PCS Portable Computer $4, co; Pioneer Industrial $2, smcs; Pitney Bowes $75.00 smcs; Platte Valley Comm $ smcs; Platte Valley Labs $62.50 smcs; Police Chiefs Assn $50.00 smcs; Pulliam,R $40.00 smcs; Random House $ smcs; Recorded Books $ smcs; Reinke's Refrigeration $1, smcs; Rheome Tree $ smcs; Sajevic,R $60.00 smcs; Sapp Bros $25, smcs; School District 7 $12, smcs; See Clear Cleaning $ smcs; Sixel Consulting $1, smcs; Snap-on Tools $1, smcs; State of NE $3, smcs; Steinbrink's $ smcs; Sun Life Financial $60, smcs; Sutphen Corp $ smcs; Tacha,J $50.00 smcs; Taillon,R $22.00 smcs; Thompson Co $63.54 smcs; Thompson,K $ smcs; Titan Machinery $1, smcs; Titleist $1, smcs; Town Square Publications $ smcs; Tri-County Glass $ smcs; Turner Body Shop $1, smcs; Tye Law Firm $12, smcs,ps; Unico Group $ smcs; Union Bank $62, ps; UNK $3, smcs; UNMC-Human DNA Lab $ smcs; Village Cleaners $ smcs; Walters Electric $1, smcs; Warren-T Plumbing $84.76 smcs; Warrington,D $13.90 smcs; WatchGuard Video $10, co; Weis Fire & Safety $ smcs; Wells Fargo Bank $2, smcs; West Villa Animal $79.72 smcs; WPCI $ ps; Xavus $ smcs; Yanda's Music $ smcs; Zimmerman Printers $ smcs; Payroll Ending 11/1/ $372, The foregoing schedule of claims is published in accordance with Section of the Revised Statutes of Nebraska, and is published at an expense of $ to the City of Kearney.

10 November 12, 2014 Page 7 3. Approve the application for a Special Designated License submitted by Earn & Return Investments, Inc., dba Cellar Bar & Grill in connection with their Class IK liquor license to dispense beer and wine at The Archway located at 3060 East 1st Street on December 2, 2014 from 4:00 p.m. until 10:00 p.m. for a Christmas Party. 4. Approve the application for a Special Designated License submitted by Earn & Return Investments, Inc., dba Cellar Bar & Grill in connection with their Class IK liquor license to dispense beer, wine and distilled spirits at The Archway located at 3060 East 1st Street on December 6, 2014 from 4:00 p.m. until 11:30 p.m. for a Holiday Party. 5. Approve the application for a Special Designated License submitted by Earn & Return Investments, Inc., dba Cellar Bar & Grill in connection with their Class IK liquor license to dispense beer and wine at The Archway located at 3060 East 1st Street on December 11, 2014 from 4:00 p.m. until 10:00 p.m. for a Christmas Party. 6. Adopt Resolution No appointing Chet Graham and Jim Van Amburg to serve on the Golf Advisory Board. RESOLUTION NO WHEREAS, Resolution No calls for Citizen Board/Commission member appointments to be made by resolution submitted by the Mayor to the City Council for final approval; and WHEREAS, vacancies currently exist on the Golf Advisory Board. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the following persons, as proposed by the Mayor of the City of Kearney, Nebraska, are hereby appointed to the Golf Advisory Board for the term indicated: GOLF ADVISORY BOARD Chet Graham appointed to succeed Don Johnson until July 31, 2018 Jim Van Amburg appointed to succeed Kim Smith until July 31, 2018 BE IT FURTHER RESOLVED that this resolution shall be in full force and effect from and after its adoption. PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 7. Adopt Resolution No on the intent to issue tax exempt bonds for the UV Disinfection Building and Equipment Project. RESOLUTION NO BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska (the "City"), as follows:

11 November 12, 2014 Page 8 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 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: UV Disinfection Building and Equipment Project Building (construction and engineering) $1,726, Equipment (construction and engineering) $287, The maximum principal amount of debt expected to be issued for such project is $2,014, PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 8. Adopt Resolution No approving the Agreement between the City of Kearney and Brent Henderson outlining the obligations for the construction of a 30-inch diameter sanitary sewer main from a pumping station to the Henderson property. RESOLUTION NO WHEREAS, Brent Henderson (Henderson) owns property adjacent to the City of Kearney sanitary sewer pumping station located on the west side of the original Cherry Avenue; and WHEREAS, the Nebraska Department of Roads (NDOR) has acquired a portion of that property for right-of-way for the Cherry Avenue Bypass which now separates the remainder of the Henderson property from the sanitary sewer pumping station; and WHEREAS, Henderson desires to install a 30-inch diameter vitrified clay sanitary sewer main from the pumping station to his remaining property in order for his property has access to sanitary sewer; and WHEREAS, the City of Kearney and Henderson will enter into an agreement setting forth the maintenances and financial responsibilities for the construction of said sanitary sewer main. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to sign the Henderson Agreement on behalf of the City of Kearney. The Henderson Agreement, marked as Exhibit A is attached hereto and made a part hereof by reference. BE IT RESOLVED that the Director of Utilities be and is hereby authorized and directed to sign the application to occupy the right-of-way with the Nebraska Department of Roads.

12 November 12, 2014 Page 9 BE IT RESOLVED that the City Clerk be and is hereby authorized and directed to file said Agreement with the Buffalo County Register of Deeds. PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 9. Adopt Resolution No approving T-Hangar A-5 Lease Agreement between the City of Kearney and Li l Red Aero for storage purposes at the Kearney Regional Airport. RESOLUTION NO BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T- Hangar A-5 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Li l Red Aero. The Agreement, marked as Exhibit 1, is attached hereto and made a part hereof by reference. PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 10. Approve the application for a Special Designated License submitted by Night Life Concepts, Inc., dba Cunningham's Journal in connection with their Class CK catering liquor license to dispense beer, wine and distilled spirits inside the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on December 4, 2014 from 3:00 p.m. until 1:00 a.m. for a fund raiser. 11. Approve the applications for a Special Designated License submitted by Night Life Concepts, Inc., dba Cunningham's Journal in connection with their Class CK catering liquor license to dispense beer, wine and distilled spirits inside the Exposition Building and the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on December 13, 2014 from 3:00 p.m. until 1:00 a.m. for PBR Bull Riding. V. CONSENT AGENDA ORDINANCES ORDINANCE NO SELLING ALLEY BETWEEN WEST 19TH STREET AND SOUTH RAILROAD STREET TO TIMOTHY LOWE With regard to Items 1, 2, and 3, the City was recently contacted by Tom Henning of Cash-Wa as they have recently sold their old warehouse building located along 19th Street and adjacent to the Union Pacific Railroad. When they were preparing to close, they discovered that there is an old alleyway that runs through the warehouse building on their property as well as street right-of-way that encroaches on one side of the building. The building has been in place since the 1940 s but the old right-of-way and alleyway have never been vacated. There are no plans by the City to use this right-of-

13 November 12, 2014 Page 10 way or construct roads in this area. There is also a portion of the alleyway that encroaches on property owned by Tim Lowe, which is just behind the Henning building. In order to clear title to these properties, deeds have been prepared to transfer the City s interest and relinquish these old and unused right-of-ways. Council Member Clouse introduced Ordinance No selling City alleyway between West 19th Street and South Railroad Street as it abuts Lots 761, 762, 763, and 774, excepting therefrom the south 25 feet of said Lot 774, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska to Timothy E. Lowe, 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, Nikkila, Lammers, 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 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number. Moved by Lammers seconded by Nikkila that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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 SELLING PORTION OF SOUTH RAILROAD STREET TO HBD CORPORATION Council Member Clouse introduced Ordinance No selling a tract of land being part of South Railroad Street as it abuts Lot 774, in the Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska to HBD Corporation, 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, Nikkila, Lammers, 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 by number. Roll call of those in favor of the passage of said ordinance on the first reading

14 November 12, 2014 Page 11 resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number. Moved by Lammers seconded by Nikkila that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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 SELLING ALLEY BETWEEN 19TH STREET AND SOUTH RAILROAD STREET TO HBD CORPORATION Council Member Clouse introduced Ordinance No selling City alleyway between West 19th Street and South Railroad Street as it abuts Lots 764, 765, 766, 767, 768, 769, 770, 771, 772, 773 and the south 25 feet of Lot 774 and the vacated North 10 feet of 19th Street as it abuts Lots 770 and 771, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska to HBD Corporation, 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, Nikkila, Lammers, 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 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number. Moved by Lammers seconded by Nikkila that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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 ISSUANCE OF PUBLIC SAFETY BONDS Bruce Lefler from Ameritas presented this matter. The interest rate would range from 0.5% to 3.60% providing for an average total cost of borrowing to the City over the 20-

15 November 12, 2014 Page 12 year period of time at 3.25%. This job cannot necessarily be done with just a recording where he would normally report that they had good participation from the local banks. They did not have good participation from local banks this particular time and he thinks only to the extent that it is a smaller issue and those maturities were in $25,000-$30,000 incremental amounts sometimes those do not fit the bank portfolio. They did have some good local sales. Council Member Buschkoetter asked when that happens does that somehow adversely affect the rates that the City gets collectively. Mr. Lefler stated it does not; it ultimately ends up depending on the size of the bond issue. The easiest way to explain it is their sales persons will have to work a little harder to call more people and get some more orders in on the bonds. A lot of times they provide the information to the local banks ahead of time giving them some preference and then typically when they are taking what they are happy with they will move onto to get the rest of the bond sold. When they have strong bank participation, in general, they see interest rates, they can be a little more aggressive but in reality on this particular issue the interest rates are very attractive. Council Member Nikkila introduced Ordinance No authorizing the issuance of Public Safety Equipment Tax Anticipation Bonds of the City of Kearney, Nebraska in the principal amount of $620,000 for the purpose of paying the cost of a new Fire Department pumper truck and related equipment and miscellaneous costs associated therewith; directing the application of the proceeds of said bonds; prescribing the form of said bonds; providing for the levy and collection of taxes to pay the same; providing for the sale of the bonds; and authorizing the delivery of the bonds to the purchaser, 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, Nikkila, Lammers. 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 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, Nikkila, Lammers. Nay: None. Motion carried. Ordinance was read by number. Moved by Lear seconded by Buschkoetter that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Lear, Nikkila, Lammers, Buschkoetter. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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.

16 November 12, 2014 Page 13 MANAGER APPLICATION SUBMITTED BY VETERANS FW POST 759 Mayor Clouse opened for discussion the manager application for Cory Walcott submitted by Veterans FW Post 759 in connection with their Class C liquor license and located at st Avenue. Cory Walcott presented this matter to the Council. He is currently the manager of the bar at the VFW. He is currently a commissioned officer with the Nebraska National Guard in the medical ground ambulance unit. He does work for St. John s Nursing Home. He has in the past worked as a bartender in Lincoln and he is also the current commander for the Post as well. Council Member Buschkoetter asked if he has gone through the TIPS Training. Mr. Walcott stated he has. Council Member Lammers asked how many other employees are there that need to go through TIPS Training or have already gone through. Mr. Walcott stated they have five employees, four have already done it and one is pending. Council Member Lammers asked approximately what the age range of the bartenders is. Mr. Walcott stated the oldest bartender is over 70 and youngest is 20. Moved by Buschkoetter seconded by Clouse to approve the manager application for Cory Walcott submitted by Veterans FW Post 759 in connection with their Class C liquor license and located at st Avenue. Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion carried. KEARNEY HOUSING AGENCY ANNUAL REPORT Mayor Clouse opened for discussion the Kearney Housing Agency Annual Report submitted by Executive Director Carrie Hardage. Carrie Hardage presented this matter to the Council. Kearney Housing Agency received into the community $184,699 in capital funds that was expended for the year, operating subsidy was $270,389. Housing Choice Voucher Program is where the housing agency assists families to pay their rent out on the private market to landlords. That program brought in just under $700,000 into the Kearney community that they paid out to landlords and rental assistance subsidies. They also manage Autumn Village which is a small complex for seniors north of the fairgrounds; they received $8,179 in Federal Funding in rental assistance. Plaza Boulevard Apartments which they purchased in 2005 brought in almost $157,000 in rental subsidies. Just for the Kearney Housing Agency alone in federal grant funding and grant subsidies, a total of $1,319,816 was brought in from housing urban development and US Department of Agriculture into the Kearney community. Some of the newer additions to the Kearney Housing Agency include provisions under HUD for established resident councils which is something that the Kearney Housing Agency has never had and they were able to get started just at the very end of the year. Those residents have to be elected by other residents and those five were the only ones that stepped up for nomination for Resident Council Members for this fiscal year. This

17 November 12, 2014 Page 14 allows the Resident Council a little bit of their capital funds that they get to choose how those funds are spent within HUD guidelines; they are looking at sponsoring some youth sports teams and other youth activities. They did start looking into home ownership for their families that are interested and credit eligible and financially almost there. They had one family move off to a Habitat for Humanity home. HUD also allows them to use their Section 8 vouchers to assist families to pay mortgage payments rather than just rent payments. They will be starting with some community meetings and looking at the interest with some of the banks and working with some of the families on that. By the time she comes back next year, she hopes to report that they will have some families working to purchase a home with their vouchers assistance as well as renting. Council Member Lammers asked where there is a little over 400 people on a waiting list, approximately how long do they wait. Ms. Hardage stated that could wait two years, that was as of March 31st, they were able to open that wait list up in October of this year and when they open a wait list they do a purge which means they send a letter to everyone on that wait list and see if they are still interested. Many of them will have found other housing options or assistance elsewhere. That brought the list down to about 200 at this time. Mayor Clouse asked if that was average. Ms. Hardage stated that is significantly more. The Section 8 Housing Choice Voucher Program is the highest demanded program. Many of the programs you need to be a family with three or more people living there. Kearney Manor you have to be elderly or disabled. The Voucher Program is opened to everyone, no age restrictions or family size restrictions so that one is more in demand and that is where many times especially with the seniors they are able to assist them where they live. Their name comes up on the waiting list; we issue them a voucher, sign some paperwork with the landlord and help them pay their rent. Then they do not have to make the move, they can still rent a 2-bedroom apartment where at Kearney Manor or one of the other places they might only be eligible for one so that is the most demanded program. Council Member Lammers asked what is the average dollar amount per individual, what the average voucher amount would be. Ms. Hardage stated around $300, they have some people that they pay almost all of their rent and Kearney Housing Agency has some where they pay very little. The resident or household pays their rent based on 30 percent of their income to the landlord and Kearney Housing Agency pays the rest. Council Member Buschkoetter asked about the future of the program, it seems like there is a long waiting list is that something the federal government will expand or stay the same. Ms. Hardage stated she does not foresee the federal government expanding that; actually the federal funding is reduced every year. HUD takes a look at what they should be eligible for, how much they need to run the programs and assist the families that they currently have. They are only allowed to help 133 families on that program at a time. With the budget, they say you are eligible for this much but only have 84 percent of that therefore you received 84 percent of what you are eligible for. The Kearney Housing Agency has to do a balancing act of helping as many families as they can without going over that amount. She does not see that program expanded.

18 November 12, 2014 Page 15 HUD is really looking into expanding towards project based assistance, which is a very similar situation except for the Housing Agency is the landlord, it would be like Autumn Village and Plaza Boulevard where the resident pays 30 percent of their income to the Housing Agency and then the government pays them the rest of the rent. It is more of a profit motivated program. She does not see an expansion of the Voucher Program. The federal government is encouraging Housing Agencies to move their public housing over to those project based vouchers as well which Kearney Housing Agency has chosen not to do at this time because they have been fortunate and able to run their public housing as public housing which in that situation, the resident pays 30 percent to the housing agency and HUD says you are eligible for X amount in operating funds for the year and X amount of capital funds. Moved by Clouse seconded by Lammers to accept the Kearney Housing Agency Annual Report submitted by Executive Director Carrie Hardage. Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay: None. Motion carried. VII. REPORTS CLOSED SESSION Moved by Clouse seconded by Lammers that Council adjourn into closed session at 5:57 p.m. for the protection of the public interest to discuss real estate matters. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Nikkila, Lammers. Nay: None. Motion carried. Mayor Clouse restated the purpose for the closed session is for the protection of the public interest to discuss real estate matters. According to law, the Council has the option to reconvene back into open session and may take any formal action it deems appropriate. Moved by Lear seconded by Clouse that Council reconvene in regular session at 6:11 p.m. Roll call resulted as follows: Aye: Clouse, Lear, Nikkila, Lammers, Buschkoetter. Nay: None. Motion carried. VIII. ADJOURN Moved by Buschkoetter seconded by Lammers that Council adjourn at 6:11 p.m. Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion carried. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

19 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE Claims November 25, 2014 Page 1 Vendor Amount Purpose Vendor Amount Purpose AAA Tarps $ smcs Central Hydraulic $ smcs Ace Eaton $95.00 smcs Central NE Bobcat $89.32 smcs Ace Hardware $79.30 smcs Central State Mueller $ smcs Adams, Linda $39.18 smcs Central States Group $3, smcs AFS Brush $61.56 smcs Champlin Tire Recycling $25, smcs Alamar Uniform $2, smcs Charter $ smcs Albrecht, Helen $ smcs Charter Media Midwest $ smcs Albrecht, Michael $60.00 smcs Chavez, Kate $25.68 smcs Alertshirt $1, smcs Chesterman $ smcs All Makes Auto $2, smcs Chicken Coop $50.00 smcs Alta Convenience $63.40 smcs Cintas $ smcs Amazon $2, smcs,co City of Kearney $11, smcs,ps American $ smcs Clevenger Oil $1, smcs American First Aid $ smcs CNA Insurance $40.00 smcs American Water Works $1, smcs CNHRMA $30.00 smcs Amsan $ smcs Coldspring $ smcs Anderson Ford $28, smcs Compass Navigation $4, smcs Apple Market $5.12 smcs Compass Tools $ smcs Applebee's $30.00 smcs CompassCom $50.00 smcs Arrowhead Scientific $ smcs Conseco Life Insurance $19.00 ps Arvato Windows $ co Consolidated Management $ smcs Ask Supply $3, smcs Constantcontact.com $ smcs ATAP $ smcs Construction Rental $ smcs,co Baird Holm $10, smcs Control Yours $ smcs Baker & Taylor $4, smcs Cook, Kelly $ smcs Beehive Industries $7, smcs Cooperative Producers $ smcs Berens-Tate Consulting $ smcs Copycat $ smcs Big Rack Shack $ smcs Cornhusker Cleaning $68.78 smcs Bluecross Blueshield $170, smcs Country Inn & Suites $96.68 smcs Boardtronics $ smcs Cowpoke $ smcs Bosselman $4, smcs Creativemarket.com $7.00 smcs Brabec, Ron $1, smcs Crossroads Ford $ smcs Brown Transfer $ smcs Cullen, Martin $18.72 smcs Browns Shoe Fit $ smcs Culligan $ smcs BSN Sport Supply $ smcs Cummins Central Power $1, smcs Buffalo County Treasurer $15.00 smcs Curbit $1, smcs Buffalo Outdoor $ smcs D&S Lighting $ smcs Buggy Bath $74.90 smcs Danko Emergency $1, smcs Buildasigncom $14.99 smcs Dawson County Museum $38.85 smcs Builders $1, smcs Dawson Public Power $27, smcs Bullhorn Graphics $73.83 smcs Daylight Donuts $53.10 smcs Cabela's $46.21 smcs Dell $1, smcs,co Capital Business Systems $ smcs Deterdings $ smcs Carquest $1, smcs Diamond Vogel $ smcs Casey's $20.00 smcs Dish Network $79.00 smcs Cash Wa $ smcs Dmilico $ smcs Cenex Farmers $30.00 smcs Dogpoopbags.com $ smcs

20 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE Claims November 25, 2014 Page 2 Dollar-General $26.75 smcs Jack Lederman $ smcs Domino's $73.11 smcs Jarmin, Ashley $1, smcs Dutton-Lainson $71.57 smcs Jegs 190 Autoparts $ smcs Eakes $ smcs John Deere Landscapes $ smcs Earl May $56.94 smcs Johnstone Supply $ smcs Eileen's Cookies $62.00 smcs Jones Automotive $ smcs Element5.info $79.00 smcs K&K Parts $1, smcs Elliott Equipment $ smcs Kearney Clinic $1, ps Embassy Suites $ smcs Kearney Concrete $5, smcs,co EMC Insurance $9, smcs Kearney Crete & Block $ co Enforcement Technology $ smcs Kearney Hub $4, smcs Express Sharpening $41.00 smcs Kearney Powder Coating $87.85 smcs Expression Wear $ smcs Kearney Public Schools $40.00 smcs Fairbanks $ smcs Kearney Volunteer Fire $1, ps Fastenal $1, smcs Kearney Warehouse $ smcs Fearnley, Mike $72.22 smcs Kearney Winlectric $ smcs Fedex $91.58 smcs Kearney Winnelson $1.72 smcs Fiddelke $ smcs Kelly Supply $ smcs Fleetpride $71.99 smcs KHGI-TV $ smcs Fort Bend Services $5, smcs Konica Minolta $ smcs Fred Pryor Career Track $99.00 smcs Kriz Davis $24.39 smcs Frontier $9, smcs Kully Pipe $ smcs Fun Express $33.95 smcs La Quinta Inn $ smcs Gale $ smcs Landmark Implement $ smcs Ganson Engineering $ co Lawson Products $45.98 smcs Garrett Tires $1, smcs Lincoln Winwater Works $ smcs Gempler $ smcs Lindsay, Steve $68.00 smcs GICS $17, co Link, Mary $ smcs GPM $20, co Lips Printing $64.43 smcs Graham Tire $ smcs Lockmobile $5.00 co Grainger $1, smcs Loder, Bobby $15.79 smcs Gross Belgians $ smcs Logmein.com $ smcs Hach $3, smcs Maas, Brady $40.83 smcs Hampton Inn $ smcs Mail Express $ smcs Hasenkamp, Gayla $15.78 smcs Marina Inn $99.68 smcs HD Supply $ smcs Marlatt Machine $ smcs Hilton Garden Inn $ smcs Masek Golf Car $ smcs Hobby Lobby $ smcs Masonic Temple Assoc. $ smcs Holiday Inn $ smcs Matheson $1, smcs Holmes Plumbing $ smcs McAfee $2, smcs Hometown $ smcs Mead Lumber $ smcs Hometown Leasing $ smcs Menards $2, smcs Hy-Vee $47.92 smcs Merryman Performing $ smcs IA, NE, SD PRIMA $40.00 smcs Metal Doors $ smcs ICMA Retirement Trust $4, ps Midwest Labs $ smcs ID Cards $59.50 smcs Mirror Image $ smcs Internal Revenue Service $131, ps Moonlight Embroidery $ smcs Isaac, Brad $ smcs Morris Press $ smcs

21 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE Claims November 25, 2014 Page 3 Mostek Electric $ smcs Quill $ smcs Municipal Supply $5, smcs Radioshack $73.04 smcs Museum of NE Art $ smcs Rakuten.com $92.57 smcs Mycreativeshop.com $19.95 smcs Random House $ smcs Nat'l Fire Protection $ smcs Reams $ smcs Navigator Motorcoaches $ smcs Reams Sprinkler $4, smcs,co NE Child Support Pyt. Ctr. $2, ps Recorded Books $ smcs NE Dept. of Environmental $52, ds Redder, Lonny $41.49 smcs NE Safety & Fire $ smcs Redman's Shoes $ smcs NE Truck Center $ smcs Rolanka $ smcs Nebraska Environ. Prods $2, smcs Rooks, Michelle $9.55 smcs Nebraska Truck Center $1, smcs Rourke Publishing Group $ smcs New Victorian Inn $70.89 smcs Rouse, Heath $ smcs New World Systems $83, smcs Safety Vision $ smcs Northern Safety $ smcs Sahling Kenworth $ smcs Northwest Electric $1, smcs Sapp Bros $18, smcs Northwestern Energy $3, smcs Sawin, Mike $ smcs NRG Media $52.00 smcs Schindler Elevator $ smcs NTOA $ smcs Sequel Bookshop $25.00 smcs OCLC, Inc $ smcs Shaw, Jenna $5.13 smcs Office Max $1, smcs Shell Oil $50.93 smcs Officenet $ smcs Shopper $ smcs O'Hara Lindsay & Assoc. $2, smcs Sign Center $1, smcs One Call Concept $ smcs Simmons, Darcie $95.00 smcs Opengear $ smcs Sirchie Finger Print Lab $ smcs Oriental Trading $ smcs Smartsign $ smcs Orscheln $ smcs Snap-On Tools $ smcs Osborne Family Enterprises $22.15 smcs Stamps.com $4.99 smcs Otto Environmental $10, smcs Staples $49.75 smcs Outdoor Recreation $31.25 co Steinbrink Landscaping $1, smcs Overhead Door $ smcs Strategic Materials $ smcs Paramount $ smcs Streakwave Wireless $ co Paypal $ co Sunmart $5.38 smcs PDF Complete $49.95 smcs Supply Depot $ smcs Physio-Control $ smcs Supplyhouse.com $83.76 smcs Pickens, Charlie $50.00 smcs SUSPA $ smcs Platte Valley Comm. $ smcs,co Target $ smcs Police Officers Assoc $ smcs Techsoup $ smcs,co Postage Refill $ smcs The Depository Trust Co $23, ds Potter & Associates $30.00 smcs The Thompson Co $ smcs Potter, Lori $ co Ticket Omaha $ smcs Power & Telephone $ smcs Tielke's Sandwiches $95.57 smcs Powerplan $ smcs Tokay Software $ smcs Priority Management $98.00 smcs Tool Doctor $ smcs Provantage $ co Tour Edge Golf $2, smcs PSC Mobile $ smcs Tractor-Supply $ smcs Purdy Enterprises $3, smcs Trans Iowa Equipment $ smcs QT 391 $ smcs Tri-Cities Group $75.00 smcs

22 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE Claims November 25, 2014 Page 4 TruGreen ChemLawn $ smcs Tye Law Firm $ ps Union Bank & Trust $63, ps Unique Mgmt Services $ smcs United Seeds $1, smcs UNL Athletic Tickets $ smcs UPS $80.70 smcs USA Blue Book $ smcs USPS $ smcs USTA Membership $35.00 smcs Van Diest $7, smcs Vaporroyale.com $ smcs Verizon Wireless $1, smcs Wagner's Irrigation $ smcs Walgreens $12.62 smcs Wal-Mart $1, smcs Walsh, Christine $ smcs Weller, Boyd $1, smcs Wilke's True Value $ smcs,co Winter Equipment $ smcs WPCI $53.50 ps Yanda's Music $15.75 co Yant Equipment $2, smcs

23 COUNCIL AGENDA MEMO ITEM NO. IV - #4 FROM: Michaelle Trembly, City Clerk MEETING: November 25, 2014 SUBJECT: PRESENTER: Set Board of Equalization No Presenter Consent Agenda Discussion: At the April 22, 2014 Council meeting the Council approved Ordinance No creating Water District No in Avenue A from a point located at the south line of Lot 717, Original Town of Kearney Junction northward to the north line of South Railroad Street, then easterly in South Railroad Street to the west line of Avenue B. Also on April 22, 2014 Ordinance No creating Sanitary Sewer District No in the easement located in Lot 1, Brown s Second Addition beginning at a point 132 feet south of the south line of Lot 2, Big Boy Addition northward to the south line of Lot 2, Big Boy Addition, then west along the south line of Big Boy Addition in the easement to the west line of Lot 2, Big Boy Addition then north along the west line of Big Boy Addition in an easement to the north line of Big Boy Addition. Attached are the schedules showing the assessments for each parcel for each water and sanitary sewer district. At the public hearing scheduled for December 9, 2014 the Council will meet as the Board of Equalization for the purpose of considering, equalizing and levying special assessments on the lots and parcels of land in said Water and Sanitary Sewer Districts. Any discussion should be held at the public hearing on December 9. Certified notification will be made to all property owners and interested parties at least ten days (November 28) prior to the Board of Equalization. Fiscal Note: Section of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts. The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law. Recommended Action: Staff recommends setting the date for Board of Equalization for December 9, 2014 for the purpose of considering, equalizing and levying special assessments on the property described in the schedule. We provide services, solutions, and opportunities for our community.

24 LEGEND WATER DISTRICT NO

25 Avenue A from Lot 717, Original Town to Railroad Street; thence to Avenue B Water District No Map # Owner Mortgagor Legal Assessment Deposit 1 David W. Sikes and Tammy Sikes (1920 A Avenue, Kearney, NE FirsTier Bank (P.O. Box 730, Kimball, NE 69145); AND FirsTier Bank (P.O. Box 2436, Kearney, NE ) Lots 1, 2, 3, 4, 5, Messicks Subdivision to the City of Kearney, Buffalo County, Nebraska. Parcel ID Amount Due $0.00 $0.00 $ City of Kearney, Nebraska (P. Box 1180, Kearney, NE None The easterly feet of the following tract of lan : A tract of land located in Lot 9, Glacier Park Addition to the City of Kearney, in the Northwest Quarter of Section 1, Township 8 North, Range 16 West of the 6th P M, Buffalo County, Nebraska, more particularly described as follows: Beginning at the Southwest corner of said Lot 9; thence northerly, North 00 35' West (assumed bearing), along the West line of said Lot 9, said West line also being the existing easterly right of way line of Central Avenue, a distance of feet; thence northeasterly, North 71 38'53" East, a distance of feet to the East line of said Lot 9; thence southerly, South 00 32' East, along the East line of said Lot 9, a distance of feet to the Southeast corner of said Lot 9; thence southwesterly, South 82 26' 29" West along the South line of said Lot 9, said South line also being the existing northerly right of way line of South Railroad Street, a distance of feet to the Southwest corner of said Lot 9 and the point of beginning. Parcel ID $0.00 $0.00 $0.00

26 Avenue A from Lot 717, Original Town to Railroad Street; thence to Avenue B Water District No Map # Owner Mortgagor Legal Assessment Deposit 3 Union Pacific Railroad Company (Property Tax Dept., 1400 Douglas, Stop 1640, Omaha, NE ) NO BENEFIT None The easterly feet of the following tract of land: A tract of land located in Lot 9, Glacier Park Addition to the City of Ke r e, in the Northwest of Section 1, Township 8N th, Range 16 West f the 6th M., Buffalo Coun, Nebraska, m e p ticularly d cribed as follo s: Refer ing to the Southwest corner of aid Lot 9; th nce Norther y, North 00 35' 18" West (assume bearing), along the West line of said Lot, said West line also being the existing Easterly right of way line of Central Avenue, a distance of feet to the point of beginning; thence continuing Northerly, N rth 00 35' 18" West, along said st line, a distance of feet o t e Nort est corner of said Lot 9; t n e Northeast y, N th 45' 53" East, l ng the N rth line of aid Lot 9, s id N th li e a so ing t e existing Southerly right of w y line of the nion Pacific Railroad Company, a distance of f et; thence Northeaster y, North 79 33' 29" East, continuing along the North line of said Lot, ad ta ce of feet to the rtheast cor rofs d Lot 9; thence out r y South 00 3 ' 51" East, along the East ine f sa d Lot 9, a d e of.00 eet; thence outhw te ly, th 38' " We t, a d nce of 1.48 fe t o e est l e f s id Lot 9 nd e o t f beginning, containing an area of 3 acres (18,408 square feet), more or less. Parcel ID Amount Due $0.00 $0.00 $0.00

27 Avenue A from Lot 717, Original Town to Railroad Street; thence to Avenue B Water District No Map # Owner Mortgagor Legal Assessment Deposit 4 Union Pacific Railroad Company (Property Tax Dept., 1400 Douglas, Stop 1640, Omaha, NE ) NO BENEFIT None Atractof land located in Lot 8, Glacier Park Addition to the City of Kearney, in the Northwest of Section 1, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the Southwest corner of said Lot 8; thence Northerly, North 00 32' 51" West (assumed bearing), along the West line of said Lot 8, a distance of feet to the point of beginnin ; thence continuing Northerly, North 00 32' 51" West, along said West line a distance of feet to the Northwest corner of said Lot 8; thence Easterly, North 79 35' 57" East, along the North line of said Lot 8, said North line also being the existing Southerly right of way line of the Union Pacific Railroad Compa y, a distance of feet; thence Southwesterly, South 71 38' 53" West, a distance of feet to the West line of said Lot 8 and the point of beginning, containing an area of.038 acres (1,640 square feet), more or less. Parcel ID Amount Due $0.00 $0.00 $0.00

28 Avenue A from Lot 717, Original Town to Railroad Street; thence to Avenue B Water District No Map # Owner Mortgagor Legal Assessment Deposit 5 Old Towne Enterprises, L.L. C. (4319 Glenwood Road, Kearney, NE 68845) Five Points Bank (P.O. Box 1507, Grand Island, NE ); AND Five Points Bank (1809 West 39th Street, Kearney, NE That part of Lot 8, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska, with at part of said Lot 8 more particularly described as follows: Beginning at the Southwest corner of said Lot 8; thence northerly N 00 32' 51" W (assumed bearing), along the West line of said Lot 8, a distance of feet; thence northeasterly, N 71 38' 53" E, a distance of feet to the North line of said Lot 8; thence easterly, N 80 25' 35" E, along the North line of said Lot 8, said North line also being the existing southerly right of way line of the Union Pacific Railroad Company, a distance of feet to the Northeast corner of said Lot 8; thence southerly, S 00 34' 30" E, along the East line of said Lot 8, a distance of feet to the Southeast corner of said Lot 8; thence westerly, N 88 15' 58" W, along the South line of said Lot 8, said South line also being the existing northerly right of way line of South Railroad Street, a distance of feet to the beginning of a curve concave to the South; thence westerly, along said curve and said South line, an arc distance of feet to the Southwest corner of said Lot 8 and the point of beginning, said curve having a central angle of 09 02' 00" and a radius length of feet, the long chord of said curve bears S 86 29' 26" W, a long chord distance of feet. Parcel ID Amount Due $3, $0.00 $3,792.92

29 Avenue A from Lot 717, Original Town to Railroad Street; thence to Avenue B Water District No Map # Owner Mortgagor Legal Assessment Deposit 6 Old Towne Enterprises, L.L. C. (4319 Glenwood Road, Kearney, NE 68845) Five Points Bank (P.O. Box 1507, Grand Island, NE ); AND Five Points Bank (1809 West 39th Street, Kearney, NE Lot 7, Glacier Park Addition to the City of Kearney, Buffalo County, Nebrask. Parcel ID Amount Due $2, $0.00 $2, Big Boy, L.L.C. (1803 West 43rd Street Place, Kearney, NE 68845) Five Points Bank (P.O. Box 1507, Grand Island, NE ); AND Five Points Bank (1809 West 39th Street, Kearney, NE 68845) Lot 1, Big Boy Addition, an addition to the City of Kearney, Buffalo County, Nebraska. Parcel ID $2, $1, $ Big Boy, L.L.C. (1803 West 43rd Street Place, Kearney, NE 68845) Five Points Bank (P.O. Box 1507, Grand Island, NE ). Five Points Bank (1809 West 39th Street, Kearney, NE 68845) Lot 2, Big Boy Addition, an addition to the City of Kearney, Buffalo County, Nebraska. Parcel ID $2, $1, $ Big Boy, L.L.C. (1803 West 43rd Street Place, Kearney, NE 68845) Five Points Bank (P.O. Box 1507, Grand Island, NE ); AND Five Points Bank (1809 West 39th Street, Kearney, NE 68845) Lot 3, Big Boy Addition, an addition to the City of Kearney, Buffalo County, Nebraska. Parcel ID $4, $2, $1,126.23

30 LEGEND SANITARY SEWER DISTRICT NO

31 In an Easement in Big Boy Addition and Brown's Second Addition Sanitary Sewer District No Map # Owner Mortgagor Legal Assessment Deposit 1 Big Boy, L.L.C. (1803 West 43rd Street Place, Kearney, NE 68845) Five Points Bank (P.O. Box 1507, Grand Island, NE ); AND Five Points Bank (1809 West 39th Street, Kearney, NE Lot 2, Big Boy Addition, an addition to the City of Kearney, Buffalo County, Nebrask Amount Due $7, $3, $3, Big Boy, L.. (1803 West 43rd Street Place, Kearney, NE 68845) Five Points Bank (P.O. Box 1507, Grand Island, NE ); AND Five Points Bank (1809 West 39th Street, Kearney, NE Lot 3, Big Boy Addition, an addition to the City of Kearney, Buffalo County, Nebrask $5, $2, $2, David Barth and Tamra Barth (1925 A Avenue, Kearney, NE Five Points Bank (P.O. Box 1507, Grand Island, NE ) Lot 1, Brown's Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska Parcel ID $0.00 $0.00 $ Red Brick Investment Company, L.L.C. (608 West 46th Street, Kearn, NE 68845) NO BENEFIT None Lot 2, Brown's Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska Parcel ID $0.00 $0.00 $0.00

32 COUNCIL AGENDA MEMO ITEM NO. IV - #5 FROM: Michaelle Trembly, City Clerk MEETING: November 25, 2014 SUBJECT: Whiskey Creek Special Designated License for December 13, 2014 PRESENTER: No Presenter Consent Agenda Discussion: The City has received an application for a Special Designated License submitted by Whiskey Creek to cater alcoholic liquor at The Archway located at 3060 East 1st Street on December 13 for a reception. In reviewing the records at the Nebraska Liquor Control, Whiskey Creek has not had any violations. The Police Department has been notified of these events. The Council has the authority to review and either approve or deny the issuance of a special designated license for alcohol sales. If the Council chooses to approve the applications, it will be forwarded to the Nebraska Liquor Control Commission for further processing. If the Council chooses to deny the applications, that is the final decision and it is not forwarded to the Liquor Commission. Fiscal Note: There is no adverse fiscal impact on the City of Kearney. Recommended Action: Staff recommends approval of the application as submitted by Whiskey Creek. We provide services, solutions, and opportunities for our community.

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37 COUNCIL AGENDA MEMO ITEM NO. IV - #6 FROM: Michaelle Trembly, City Clerk MEETING: November 25, 2014 SUBJECT: PRESENTER: Certificate of Vote from Buffalo County Election Commissioner No Presenter Consent Agenda Discussion: After a General Election, the Election Commissioner submits the Certificate of Vote showing the votes cast with respect to the candidates, measures, propositions and issues. With regard to the City of Kearney, we had the Kearney City Council and the City of Kearney Bond & Occupation Tax issue. Attached is the Certificate of Vote showing the votes cast. Fiscal Note: There is no financial impact to the City of Kearney. Recommended Action: Staff recommends accepting the Certificate of Vote submitted by the Buffalo County Election Commissioner. We provide services, solutions, and opportunities for our community.

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39 COUNCIL AGENDA MEMO ITEM NO. IV - #7 FROM: Suzanne Brodine, Assistant City Manager/Development Services Director MEETING: November 25, 2014 SUBJECT: PRESENTER: CDBG 14-CR-104 Supplemental Grant Administration No Presenter Consent Agenda Discussion: The City of Kearney, Nebraska will be applying for a CDBG CR Supplemental grant in the amount of $165,000, including $15,000 dedicated for grant administration. The City of Kearney is required by DED to select a Project Administrator for the grant. The Project Administrator is responsible to ensure that the activities conducted with grant funding are in compliance with DED and Federal regulations. The City advertised for Request for Proposals for a Project Administrator to perform technical and professional services for the project, contingent upon award. One firm submitted a proposal; Miller & Associates. City staff reviewed the proposal and recommends pursuing an agreement with Miller & Associates of Kearney. Miller & Associates has agreed to perform Project Administration services for $15,000 of grant funds available. City staff will continue to be involved with grant administration but in the less time-consuming areas. Fiscal Note: Dedicated grant funding is available to pay for the entire cost of grant administration. No City funds will be utilized to pay for Administration services. Recommended Action: Staff recommends approval of Miller & Associates to perform the duties as Administrator of the CDBG 14-CR-104 Supplemental grant as set forth in the contract. We provide services, solutions, and opportunities for our community.

40 RESOLUTION NO WHEREAS, the City of Kearney has been awarded Community Development Block Grant Program funds for a Community Development Program; and WHEREAS, the City of Kearney requested proposals from firms in Central Nebraska for a Project Administrator in connection with the management and supervision of Grant No. 14-CR-104 relating to the community revitalization planning project and ensuring that proposed activities are in compliance with DED and Federal regulations under a Community Development Block Grant program; and WHEREAS, City staff received one proposal and recommends pursuing a contract with Miller & Associates of Kearney to provide planning services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute, on behalf of the City of Kearney, the Technical and Professional Services Contract between the City of Kearney and Miller & Associates as Project Administrator in connection with the management and supervision of Grant No. 14-CR-104 relating to the community revitalization planning project, as set forth in the Contract. The said Contract, marked Exhibit A, is attached hereto and made a part hereof by reference. PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

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49 COUNCIL AGENDA MEMO ITEM NO. IV - #8 FROM: Bruce Grupe, City Engineer MEETING: November 25, 2014 SUBJECT: PRESENTER: 2013 Part 1 Improvements Bid B No Presenter Consent Agenda Discussion: On August 13, 2013 the City Council awarded the 2013 Part 1 Improvements Bid B in the amount of $1,327, to Paulsen, Inc. for the construction of storm sewer and paving within the Fountain Hills 5th Subdivision. The contractor has submitted Change Order No. 2 reflecting a decrease in the amount of $43, to adjust contract quantities to actual quantities installed. The new contract price including all change orders will be $1,286, Additionally, the contractor has submitted the fifth and final pay request in the amount of $150, Including this payment, the contractor will have been paid $1,286, The contractor has completed the project and a Certificate of Substantial Completion is attached. Fiscal Note: Funds necessary to pay for the construction of these improvements have been included in this year s budget. Recommended Action: Administration and the City s engineer, Miller & Associates, recommend adoption of a resolution approving the change order and payment in the amount of $150,945.94, and to accept the Certificate of Substantial Completion. We provide services, solutions, and opportunities for our community.

50 RESOLUTION NO WHEREAS, Paulsen, Inc. of Cozad, Nebraska has performed services in connection with the 2013 Part 1 Improvements Bid B consisting of Paving Improvement District No for 50th Street from 11th Avenue to 17th Avenue, 51st Street Place from 15th Avenue Place to 16th Avenue Place, all of 14th Avenue Place, all of 15th Avenue Place, all of 16th Avenue Place, all of Loveland Drive all in Fountain Hills Fifth Addition, 11th Avenue from 48th Street north to the north lot line of Lot 10 of Block 3, Fountain Hills Third Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $43,183.00, as shown on Exhibit A attached hereto and made a part hereof by reference; and WHEREAS, Paulsen, Inc. and Miller & Associates have filed with the City Clerk Application and Certificate for Payment No. 5-Final in the amount of $150,945.94, as shown on Exhibit A attached hereto and made a part hereof by reference and as follows: Original Contract Sum Change Order No. 1 ( ) Change Order No. 2 ( ) $1,327, , , Contract Sum To Date 1,286, Gross Amount Due 1,286, Retainage (0%).00 Amount Due to Date 1,286, Less Previous Certificates for Payment 1,135, Current Payment Due $ 150, WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of October 17, 2014, as shown by Exhibit C attached hereto and made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibit A, Application and Certificate for Payment No. 5-Final, as shown on Exhibit B and the Certificate of Substantial Completion as shown on Exhibit C be and are hereby accepted and approved. PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

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61 COUNCIL AGENDA MEMO ITEM NO. IV - #9 FROM: Bruce Grupe, City Engineer MEETING: November 25, 2014 SUBJECT: PRESENTER: 2014 Part 2 Improvements; Central Avenue from 26th Street to 31st Street and 26th Street from Central Avenue to C Avenue No Presenter Consent Agenda Discussion: On April 22, 2014 the City Council awarded the 2014 Part 2 Improvements in the amount of $2,474, to Blessing, LLC. for the construction of water, storm sewer and paving within the Central Avenue and 26th Street improvement project. The contractor has submitted Change Order No. 2 in the amount of $11, for additional work required to the project. The new contract price will be $2,503, Additionally, the contractor has submitted the fifth payment request in the amount of $432, Including this payment, the contractor will have been paid $1,163, and is approximately 47 percent complete. Fiscal Note: Funds necessary to pay for the construction of these improvements have been included in this year s budget. Recommended Action: Administration and the City s engineer, Miller & Associates, recommend adopting the resolution approving Change Order No. 2 in the amount of $11, and payment in the amount of $432, to Blessing, LLC. We provide services, solutions, and opportunities for our community.

62 RESOLUTION NO WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2014 Part 2 Improvements consisting of Paving Improvement District No for Central Avenue from 31st Street to a point 150 feet south of 26th Street and 26th Street from Central Avenue to Avenue C, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing an increase in the amount of $11,757.75, as shown on Exhibit A attached hereto and made a part hereof by reference; and WHEREAS, Blessing and Miller & Associates have filed with the City Clerk Application and Certificate for Payment No. 5 in the amount of $432, as shown on Exhibit A attached hereto and made a part hereof by reference and as follows: Original Contract Sum $2,474, Change Order No. 1 ( ) + 17, Contract Sum To Date 2,491, Gross Amount Due 1,292, Retainage (10%) 129, Amount Due to Date 1,163, Less Previous Certificates for Payment 730, Current Payment Due $ 432, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibit A and Application and Certificate for Payment No. 5, as shown on Exhibit B, be and is hereby accepted and approved. PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

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68 COUNCIL AGENDA MEMO ITEM NO. IV - #10 FROM: Kirk Stocker, Director of Utilities MEETING: November 25, 2014 SUBJECT: PRESENTER: 2014 Part 7 Improvements No Presenter Consent Agenda Discussion: On September 23, 2014 the City Council awarded the bid for the 2014 Part 7 Improvements to Midlands Contracting Inc. in the amount of $5,513, The improvements include: The 8th Street Bridge Replacement and paving replacement between 2nd Avenue and 3rd Avenue. The South Sewer for: 1. Sanitary Sewer Connection District No , from Avenue M westward in proposed Landon Street, if extended, then northward to 4th Street and westward in 4th Street to Central Avenue. 2. 4th Street Sanitary Sewer Rehabilitation in 4th Street from Central Avenue to 6th Avenue. 4th Street Paving Rehabilitation from Central Avenue to 2nd Avenue. 4th Street Paving Rehabilitation, Paving District No , from 3rd Avenue to 6th Avenue. Since being awarded the bid Midlands Contracting has mobilized labor, equipment and materials and begun work on the project. The 8th Street Bridge has been removed and replaced with a box culvert. Temporary pavement will be placed and the street will be replaced next spring. Most of the sanitary sewer work has taken place around the existing lift station located at 11th Street and Avenue M. Midlands Contracting has submitted Application for Payment No. 1 in the amount of $126, for stored material and work completed to date. Miller & Associates, the City s Engineer for the project, has reviewed the application and recommends that it be paid. Fiscal Note: All of the projects in the 2014 Part 7 Improvements have been included in the Budget. Recommended Action: Staff recommends approving Application for Payment No. 1 and authorize Administration to make payment to Midlands Contracting Inc. in the amount of $126, We provide services, solutions, and opportunities for our community.

69 RESOLUTION NO WHEREAS, Midlands Contracting of Kearney, Nebraska has performed services in connection with the 2014 Part 7 Improvements consisting of Paving Improvement District No for 4th Street from 3rd Avenue to 6th Avenue and Sanitary Sewer Connection District No commencing at a point near the Kearney RV Park located at 315 Avenue M, northward and westward in an easement, Landon Street if extended, thence northward through Riverside Addition and Kreutz Addition to 4th Street, thence westward to Central Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $126, as shown on Exhibit A attached hereto and made a part hereof by reference and as follows: Original Contract Sum $5,513, Contract Sum To Date 5,513, Gross Amount Due 140, Retainage (10%) 14, Amount Due to Date 126, Less Previous Certificates for Payment.00 Current Payment Due $ 126, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit A, be and is hereby accepted and approved. PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

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86 COUNCIL AGENDA MEMO ITEM NO. V - #1 FROM: Michael Tye, City Attorney MEETING: November 25, 2014 SUBJECT: PRESENTER: Additional Deed Transferring Part of South Railroad Street No Presenter Consent Agenda Ordinance Discussion: As Council may recall, we recently deeded certain portions of old South Railroad Street to an adjacent property owner which covered a right-of-way that the City does not intend to use and to clear title. After the last Council meeting, we have been advised that there is an additional small portion that was not included in the earlier legal descriptions and which is necessary to clear title to that property. Therefore, one additional Quitclaim Deed will be necessary to terminate the City s interest in this right-of-way. The attached ordinance should accomplish relinquishing City right-of-way and transferring it to the adjacent property owner. Fiscal Note: There are no financial obligations of the City regarding this matter and we would simply file the deed in order to clear title. Recommended Action: Staff recommends approval of the attached ordinance to relinquish our interest in the property to the current property owners. We provide services, solutions, and opportunities for our community.

87 ORDINANCE NO AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, AUTHORIZING AND DIRECTING THE SALE AND CONVEYANCE OF REAL ESTATE HEREINAFTER DESCRIBED TO HBD CORP., A NEBRASKA CORPORATION; TO PROVIDE FOR PUBLICATION OF NOTICE OF SALE AND CONVEYANCE AND THE TERMS THEREOF; TO PROVIDE FOR THE RIGHT TO FILE A REMONSTRANCE AGAINST THE CONVEYANCE; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA: Section 1. That the President of the Council and the City Clerk are hereby authorized and directed to execute a deed of the City of Kearney, Nebraska, conveying the following described real estate, subject to the reservation and retention of utility easements to HBD Corp., a Nebraska Corporation, to-wit: a tract of land being part of South Railroad Street as it abuts Lot 774, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, and more particularly described as follows: BEGINNING at the Northwest corner of Lot 774, Original Town of Kearney Junction and assuming the North line of said Lot 774 as bearing S W and all bearings contained herein are relative thereto; thence N W on the extension of the West line of said Lot 774 a distance of 6.04 feet; thence N E parallel with and 6.00 feet Northerly of said North Line of Lot 774 a distance of feet; thence N 83 02' 16" E parallel with and 2.00 feet Northerly of said North line of Lot 774 a distance of feet; thence S 00 06' 08" E a distance of 2.01 feet to a 5/8" rebar on said North line of Lot 774; thence S 83 02' 16" W on said North line of Lot 774 a distance of feet to the Point of Beginning. Containing square feet more or less. Section 2. The consideration for this conveyance shall be One Dollar ($1.00). The conveyance of the above described real estate shall be by Quitclaim Deed upon delivery to the City of Kearney of the consideration by the purchasers. Section 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Kearney Hub, a newspaper published for general circulation in the City of Kearney. Immediately after the passage and publication of this Ordinance, the City Clerk is hereby directed and instructed to prepare and publish such notice.

88 Ordinance No Page 2 Section 4. In accordance with the laws of the State of Nebraska, the electors of the City of Kearney may file a remonstrance against the conveyance of the described real estate; and if a remonstrance against such conveyance is signed by legal electors of the City of Kearney, equal in number to thirty percent (30%) of the electors of the City of Kearney, if filed with the City Council within thirty (30) days of passage and publication of this Ordinance, said property shall not then, nor within one year thereafter, be conveyed. Section 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City Clerk shall make, execute and deliver to HBD Corp., a Nebraska Corporation a Quitclaim Deed for the real estate described above and the execution of the deed is hereby authorized without further action on behalf of the City Council. Section 6. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law and shall be published in pamphlet form. INTRODUCED BY COUNCIL MEMBER PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

89 N O T I C E Notice is hereby given that the City of Kearney, Nebraska did, on the 25th day of November, 2014, pass Ordinance No authorizing and directing the sale of the following-described real estate located in Buffalo County, Nebraska, to HBD Corp., a Nebraska Corporation, to-wit: a tract of land being part of South Railroad Street as it abuts Lot 774, in the Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, and more particularly described as follows: BEGINNING at the Northwest corner of Lot 774, Original Town of Kearney Junction and assuming the North line of said Lot 774 as bearing S W and all bearings contained herein are relative thereto; thence N W on the extension of the West line of said Lot 774 a distance of 6.04 feet; thence N E parallel with and 6.00 feet Northerly of said North Line of Lot 774 a distance of feet; thence N 83 02' 16" E parallel with and 2.00 feet Northerly of said North line of Lot 774 a distance of feet; thence S 00 06' 08" E a distance of 2.01 feet to a 5/8" rebar on said North line of Lot 774; thence S 83 02' 16" W on said North line of Lot 774 a distance of feet to the Point of Beginning. Containing square feet more or less. Conveyance of the said tract of real estate shall be by Quitclaim Deed, upon payment of a consideration of One Dollar ($1.00) to the City for said tract. Said sale will be completed thirty (30) days from and after the approval and publication, in pamphlet form of Ordinance No. 7944, namely: from November 26, 2014, unless an objection of remonstrance to such sale, signed by legal electors thereof equal in number to thirty percent (30%) of the electors of the City voting at the last regular municipal election be filed with the City Clerk on or before December 26, By order of the City Council of the City of Kearney, Nebraska, November 25, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK Publish: November 28, December 5, 12, Affidavits

90 COUNCIL AGENDA MEMO ITEM NO. V - #2 FROM: Wendell Wessels, Director of Finance MEETING: November 25, 2014 SUBJECT: PRESENTER: Restaurant and Drinking Place Occupation Tax No Presenter Consent Agenda Ordinance Discussion: On November 4, 2014 the voters of Kearney approved a 1% Restaurant and Drinking Place occupation tax. The proceeds from this tax will be used to pay principal and interest on a tenyear bond issue that will be issued for the purpose of constructing a youth baseball and softball complex. The occupation tax will begin on February 1, 2015 and sunset on or before January 31, 2025 and will be imposed on each and every person, individual, partnership, association, organization, or corporation operating a restaurant or drinking place business within the City of Kearney. Examples of businesses subject to the tax include cafes, grills, bistros, delicatessens, coffee shops, bakeries, lunch counters, sandwich stands, grocery stores, convenience stores, supermarkets, arenas, bars, taverns, night clubs, and dance halls. Items that will be subject to the occupation tax include all edible refreshment or nourishment prepared for immediate consumption, whether solid, semisolid, or non-alcoholic liquid and are currently subject to the sales and use tax imposed by Article 22 of Chapter 3 of the Kearney City Code. As reimbursement for the cost of collecting the tax, businesses may deduct and withhold from the taxes due 2% of the amount paid to the City. A copy of the Restaurant and Drinking Place Occupation Tax FAQ is included which answers most questions regarding this tax. Fiscal Note: It is estimated that this occupation tax will generate $750,000 the first year and grow 3% per year thereafter. Recommended Action: Staff recommends the approval of the attached ordinance which approves the specifics of the restaurant and drinking place occupation tax. We provide services, solutions, and opportunities for our community.