COUNCIL CHAMBERS, MONDAY, OCTOBER 28, 2013 AT 7:00 P.M.

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1 COUNCIL CHAMBERS, MONDAY, OCTOBER 28, 2013 AT 7:00 P.M. The meeting was called to order in regular session by Mayor Powers with the following members present: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Absent: None. Moved by Harrington, seconded by Skutnik that the Open Meetings Act is posted on the southeast wall of the City Council Chambers and that prior to this meeting a notice was placed in the Hastings Tribune on October 25, 2013, that notice was posted in three public places, that each Councilmember and Mayor received a copy of the proposed agenda and that an agenda for such meeting, kept continuously current, is available for public inspection and that said meeting is held in open session. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. CITIZEN COMMUNICATIONS: Dan Pauley, Attorney representing Bellino Fireworks of Omaha, Nebraska addressed the Mayor & Council in regard to Ordinance No. 4370, amending Chapter 13 pertaining to fireworks. Bellino Fireworks contracts with the Hastings College Athletic Department to provide tents. Their objection to the ordinance is the maximum tent size of 1500 square feet as specified in Section (f), that size restriction would have a great impact on their business here and could subsequently diminish or cause them not to be in business here if that was to go into effect. Mr. Pauley stated our argument would be that that particular provision doesn t have a basis or a bearing in any safety implementation or logic for it being placed into the amended ordinance. Mr. Pauley stated our contention is that that should be deleted from the proposed provisions. REPORTS OF LIAISONS: Councilman Goebel reported on the Board of Public Works Meeting of October 17 th. The planned outage from WEC-1 was completed as scheduled. The consultant s Water Rates Study was postponed until the October 31 st meeting and JEO Consulting will be at the meeting to give a report to the Board. There was approval of a work order for the sanitary sewer extension on 42 nd Street to Columbine Avenue which is the location of the proposed new bypass. There are resumes in from several applicants for the Human Resources position at Hastings Utilities and they are in the process of reviewing those. We received a data report on the 2012 Chevrolet Volt, the electric vehicle that Hastings Utilities leases. It is difficult to compare vehicles of such dissimilar types, but one thing that stands out to him is that this is a leased vehicle which really kind of skews the total bottom line, whereas most vehicles are based on a trade-in and direct buy. In looking at fuel on this vehicle, the Volt was driven 158 miles during the month of September at a cost of four cents per mile for the combination of the electricity and the fuel. Driving a conventional vehicle at 20 miles per gallon at $3.10 per gallon gasoline, the fuel cost would 15.5 cents per gallon. The next regular meeting is October 31 st at the Hastings Utilities Board Room at 9:00 A.M. Budget Worksessions are scheduled for November 5 th and November 7 th at 9:00 A.M. in the Hastings Utilities Board Room. Councilman Odom reminded everyone that November 11 th is Veteran s Day and we have in 1

2 Hastings a Veteran s Day Parade on the first Saturday of the month. We have five parade marshals each year and they represent each branch of the service and this year they are PFC Raymond Rutt of the U.S. Army, a WW II veteran; Lieutenant Colonel Bradley North of the U.S. Air Force; Gene Weber of the U. S. Navy; Sergeant Steve Kelsey of the U.S. Marines and First Class Petty Officer James D. Koch of the U.S. Coast Guard. The parade begins at 10:00 A.M. on November 2 nd and everyone is invited to participate and attend. Joe Patterson, City Administrator, stated the organizers of Cottonwood were happy with the turn out. There were a lot of ideas on how to change it for next year, probably will change the way we do entertainment and make it a little less formal and spread it around throughout the different tents that are selling goods, kind of more like a Haymarket atmosphere like they have before Husker games. There is a wrap up meeting tomorrow night at 5:30 P.M. at Winestyles. The Mayor asked the City Engineer to update the Council on 12 th Street north of Hastings College. Dave Wacker, City Engineer, stated all of the driveways into the Sports Complex and Hastings College facilities are in place. The trail on the south side is complete in front of the college property on the south side up to the further west driveway and about 700 feet of sidewalk is installed on the north side. Currently the contractor is working on the box culvert, about onehalf of that has been built. Last Thursday the sanitary sewer was cut over to the new line and that went real well. The contractor, this last week, has been working on installing some of the ornamental light fixtures and they will offer quite a bit of quality to the project. The contractor hopes, barring any rain, to start on the north half of the box culvert later this week. The City Engineer stated this will have concrete that is poured in place that will have the appearance of natural stone when it is completed. We do have some test pads out there that have been poured, the wing walls on the very south side and the stair steps for the energy dissipation have been completed with that treatment. The project is coming along real well, most likely it won t get completed yet this year, but there is access to the college from the east end. MAYOR S COMMUNICATIONS: None. Moved by Odom, seconded by Niemeyer that the following items on the Consent Agenda be approved: 1(a) Minutes of the Council Meeting of October 14, (a) Manager Application of Keith J. Dreher in connection with the Class C Liquor License of the Veterans of Foreign Wars Post 1346 located at 1053 South Wabash. 2(b) Application of Midtowne Mart LLC for a Special Designated License at the City Auditorium on November 22, (c) Application of Midtowne Mart LLC for a Special Designated License at the Adams 2

3 County Fairgrounds on November 30, (a) Payroll for the period ending October 26, 2013, paid November 1, (b) Authorizing the City Clerk to issue checks against the various funds for payment of claims. (Claims attached to and made a part of these minutes). 5(a) Department Monthly Reports received and placed on file. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. The Mayor stated if there were no objections from the Council, he would like to consider Item 4(e) of the Regular Agenda (Authorizing the issuance of Highway Allocation Fund Pledge Bonds) at this time. There were no objections from the Council. Phil Lorenzen of D. A. Davidson & Company stated from his initial recommendation, we determined, in conversations with the City Administrator, City Treasurer and others, that we would be well advised to go ahead and increase the size of the proposed financing for the interim construction financing to the form of a more permanent financing from $500,000 to $700,000. Our estimated interest cost is approximately 1.96%, the interest cost on the refunding bonds figure to be 1.86%. These are similar in term and the market is about the same. Mr. Lorenzen stated his recommendation is that the Council would consider this ordinance which authorizes Highway Allocation Fund Pledge Bonds and this takes care of most of the projects for which street improvement districts have not been created; they are enumerated on Page 1 of the ordinance and one of the major projects is the 42 nd Street bridge in conjunction with the County s project that will be east on 42 nd Street and then south on North Showboat. The ordinance is broad in that it allows you to not only do the projects specifically enumerated, but other projects that are in the works as well. The structure is set so that the bonds would be payable with the first principal in 2018 which is the year after the existing highway allocation bonds run out. That final payment is $313,000, this will tag into that and you can use these monies for a variety of projects with the final maturity in 2019 and you would apply a portion of the funds from the receipt of Highway Allocation receipts from the State. ORDINANCE NO AN ORDINANCE AUTHORIZING THE ISSUANCE OF HIGHWAY ALLOCA- TION FUND PLEDGE BONDS OF THE CITY OF HASTINGS, NEBRASKA, SERIES 2013, IN THE PRINCIPAL AMOUNT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000) FOR THE PURPOSE OF PAYING A POR- TION OF THE COSTS OF CONSTRUCTION OF CERTAIN STREETS OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS; PLEDGING FUNDS TO 3

4 BE RECEIVED BY THE CITY FROM THE STATE OF NEBRASKA HIGHWAY ALLOCATION FUND FOR THE PAYMENT OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES TO PAY THE SAME IF NECES- SARY; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; PROVIDING FOR THE DISPOSITION OF BOND PROCEEDS; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM Said Ordinance was read by title and thereafter Councilman Goebel moved for passage of the ordinance, which motion was seconded by Councilman Harrington. Councilman Krings moved that the statutory rule requiring reading on three different days be suspended; Councilman Niemeyer seconded the motion to suspend the rules and upon roll call vote the following Councilmen voted YEA: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. NAY: None. The motion to suspend the rules was adopted by three fourth vote of the Council and the statutory rule was declared suspended for consideration of said Ordinance. The Mayor then stated the question was Shall Ordinance No be passed and adopted? Upon roll call vote the following Councilmen voted YEA: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. NAY: None. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor signed and approved the ordinance and the City Clerk attested the passage approval of the same and affixed her signature thereto. Effective date of the ordinance is November 13, At this time a public hearing was held on the application of Central Community College Area dba Central Community College for a Class IK Liquor License to be operated at 550 S. Technical Boulevard. Bill Hitesman, President of Central Community College, Hastings Campus, appeared to speak on behalf of the application for a Class IK Liquor License. Mr. Hitesman stated LB 232 passed in 2009 allows community college culinary education programs to apply for liquor licenses. The college and campus administration, as well as the HMR program faculty and staff proposes that a liquor license be obtained to allow alcoholic service to be practiced to enhance student learning, experience and achievement of related curriculum competencies. We have a number of procedures in place, as well as incorporating a lot of the instructional pieces within our curriculum as well. We are not looking at more than three or four times a semester where this service would be provided and generally it would be for an evening type of venture. Mr. Hitesman stated the instructors and kitchen manager have also gone through the Nebraska Liquor Commission s training to understand the laws, liabilities and the issues that are faced 4

5 with that. No one appeared to speak in opposition. The City Clerk advised that her office had received no written objections. There being no other persons wishing to speak, the Mayor declared the hearing closed. RESOLUTION NO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, NEBRASKA, that after hearing had as required by law, consideration of the facts of this application, the Nebraska Liquor Control Act, and the pertinent city ordinances of the City of Hastings, Nebraska: The Hastings City Council hereby recommends that the application of CENTRAL COMMUNITY COLLEGE AREA dba Central Community College for a Class IK Liquor License for the license period ending April 30, 2014, at 550 S. Technical Boulevard, Hastings, Nebraska, be approved. BE IT FURTHER RESOLVED, that the City Clerk is directed to transmit a copy of this Resolution to the Nebraska Liquor Control Commission. Moved by Skutnik, seconded by Niemeyer that Resolution No be passed and approved. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. Moved by Harrington, seconded by Hoops that the Council approve the Manager Application of William L. Hitesman in connection with the Class IK Liquor License of Central Community College Area dba Central Community College located at 550 South Technical Boulevard. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. Moved by Niemeyer, seconded by Skutnik that the Council approve the contract with the IAFF (International Association of Firefighters Local Union 675) and that the Mayor and City Clerk be authorized to execute said contract. The Mayor stated we got along great with the bargaining team of the Fire Department. The Mayor stated he appreciated their professionalism and it was a joy to work with them. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. 5

6 Nays: None. The motion carried. Moved by Goebel, seconded by Odom that the Mayor and Council approve the Right-Of-Way License Agreement with B & R Stores, Inc., 4554 W Street, Lincoln, Nebraska for the occupation of public right-of-way with private improvements with an annual payment amount of $ Councilman Odom stated we all have the Certification of the City Clerk dated in 1998 setting a policy for use of public right-of-way. Councilman Odom stated he needed clarification from staff as to how this was put together. He certainly thought in 1998 we had it with an initial fee of $75.00 for whatever the size of the area might be because we generally don t know what that area is going to be until all the construction is completed. Councilman Odom stated he also sees in the agreement a $ annual fee beginning November 1, Councilman Odom stated he is becoming more and more of a stickler, if we are going to make a policy then we need to follow the policy. Councilman Odom stated if he misunderstands the policy, he is more than willing to change his mind. We have B & R Stores making an improvement in the town, the building has not even been started and to him, at this point, it seems like we are still estimating what the actual amount of square feet will be. Councilman Odom stated he thought the whole purpose for setting a $75.00 charge for the first year and then an annual is that we would go with whatever that amount might be. Councilman Odom stated if he is understanding this incorrectly then he needs to be convinced that he is and doesn t know how we are doing a license agreement on something when the land is not available to the private group for use. The City Administrator stated Councilman Odom is partially right, the $75.00 was a policy passed in You certainly wouldn t let someone build on property you own without an agreement and that is why the License Agreement has been a bit of a moving target on this project. We finally have that refined as per the last plan so the cost for the first year will be the $75.00 as outlined in the 1998 policy and then following that, the amount that is calculated in the equation the Council has would be the amount that would be charged. If during construction they have to utilize more or less public right-of-way, we will come back to the Council with a revision to this agreement that would spell out the difference. The City Engineer has worked with the representatives of B & R Stores, Inc., we had a meeting about a week and one half ago to try and refine this document because staff is not going to give them the building permit until the license agreement is finalized and we knew how much public property they would need to utilize. The Council s action tonight would approve the first year at $75.00 and the subsequent years at the $ The City Administrator stated he isn t so sure that is a great policy to have, but it is the policy in place. The City Administrator stated you may see us come back in a subsequent Worksession and recommend a pro-rate because it depends on the amount of property somebody is going to utilize, whether $75.00 is adequate or non-adequate. If you are going to rent property to someone, you are going to pro-rate it based on a per month pro-rate. That is probably a more logical way to go, but we haven t rescinded the action taken in 1998 so what you are approving tonight is the $75.00 for the first year and $ in subsequent years. 6

7 Councilman Odom stated he believes we ought to make things as simple as possible, but he is glad to hear that we will have further discussion on it. Councilman Odom stated spending staff time to pro-rate something is a waste of time, we generally aren t talking about a lot of space. Councilman Odom stated what he would like to see us do is make sure that companies that come into town needing some of our ground that we do something the first year. If staff wants to bring us something that is great, he is always open to other opinions. Councilman Goebel stated he is a little concerned about Item No. 2 of the License Agreement. It says licensee agrees to pay to the City a fee of $ a year...commencing November 1, It doesn t mention the $75.00 the first year and the $ for the ensuing years. The City Administrator stated if that is a concern, the Council can certainly make sure the minutes reflect the fact that it is $75.00 for the first year, our intent is to charge for the property. To make it crystal clear, an amendment can also be made to include the $75.00 in the Agreement. Moved by Goebel, seconded by Odom that the Public Right-Of-Way License Agreement with B & R Stores, Inc. be amended to reflect a payment of $75.00 for the first year beginning November 1, 2013 and the annual payment of $ each following year. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The amendment is passed and approved. Vote on the motion as amended. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion as amended is passed and approved. ORDINANCE NO AN ORDINANCE OF THE CITY OF HASTINGS, NEBRASKA, AMENDING HASTINGS CITY CODE CHAPTER 13 PERTAINING TO FIREWORKS; ESTABLISHING AN EFFECTIVE DATE; AND REPEALING ANY ORDI- NANCES OR OTHER PROVISIONS IN CONFLICT Said Ordinance was read by title and thereafter Councilman Odom moved for passage of the ordinance, which motion was seconded by Councilman Harrington. Moved by Odom, seconded by Krings that Ordinance No be amended that Section (f) be amended to strike the maximum tent size sentence and substitute that all tents erected as fireworks stands shall call to locate any buried gas, electrical or other lines in the area. Councilman Niemeyer stated he agrees with Councilman Odom, he would just delete Section (f) altogether. Councilman Niemeyer stated there is a provision in there for calling diggers 7

8 hotline. Fire Chief Kent Gilbert stated Councilman Niemeyer is correct, it is Section (b) the tent is placed at a location approved by the Building Official, Hastings Utilities and the Fire Chief. Councilman Odom withdrew his amendment. Councilman Krings withdrew his second. Moved by Niemeyer, seconded by Krings that Ordinance No be amended to delete Section (f), the maximum tent size shall be 1500 square feet. Councilman Odom stated tent size has nothing to do with safety, it is the safety of the people running the tents. If our Fire Department and Inspectors are doing their jobs and the people running the tents are doing their job, we will have a safe fireworks season. Vote on the amendment. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The amendment is passed and approved. Councilman Goebel stated there is an item in there to provide with the application a detailed site plan showing location of the stand. Councilman Goebel stated they can get an aerial view very easily off of our GIS System. Councilman Goebel stated with the instruction for the application maybe we should give a little instruction about how they go to our GIS System and get a map like that and put where the stand would be. The Fire Chief stated once this ordinance is passed we will be contacting all the previous applicants and we will give them direction on what the changes are so that they understand. They have been notified once, but since the ordinance is passed we will notify them and we can include the link to get the aerial map from the GIS System. Councilman Goebel asked the Fire Chief if he saw any overload in the people that go out and mark the location of the gas lines, electrical lines, etc. The Fire Chief stated no he doesn t, we are up seven permits this year and we have a deadline now that is a little bit before the 4 th. Vote on the passage of Ordinance No as amended on first reading only. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. Ordinance No as amended is passed on first reading only. RESOLUTION NO

9 SIGNING OF A PROFESSIONAL SERVICES AGREEMENT - BK1377 WHEREAS, City of Hastings is developing a transportation project for which it intends to obtain Federal funds; WHEREAS, City of Hastings as a sub-recipient of Federal-Aid funding is charged with the responsibility of expending said funds in accordance with Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of the Federal-Aid project; WHEREAS, City of Hastings and Nebraska Department of Roads wish to enter into a Professional Services Agreement to provide construction engineering services for the Federal- Aid project. BE IT RESOLVED: by the City of Hastings, Nebraska that: Vern P. Powers, Mayor of the City of Hastings, is hereby authorized to sign the attached construction engineering services agreement between the City of Hastings, Nebraska and Nebraska Department of Roads NDOR Project Number: HSIP-5519(5) NDOR Control Number: NDOR Project Description: Osborne Drive East Guardrail Moved by Niemeyer, seconded by Skutnik that Resolution No be passed and approved. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. RESOLUTION NO SUPPLEMENTAL PROJECT PROGRAM AGREEMENT WHEREAS, City of Hastings and Nebraska Department of Roads (NDOR) have previously executed Project Program Agreement for a transportation project for which the Local Public Agency (LPA) would like to obtain Federal funds; WHEREAS, City of Hastings understands that it must continue to strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of the Federal-aid project; and WHEREAS, City of Hastings and NDOR wish to enter into Supplemental Project 9

10 Program Agreement No. 1 setting out modifications and/or additional duties and/funding responsibilities for the Federal-aid project. BE IT RESOLVED by the City Council of the City of Hastings, Nebraska that: Vern Powers, Mayor of the City of Hastings, Nebraska is hereby authorized to sign the attached Project Program Supplemental Agreement No. 1 between the City of Hastings and NDOR. City of Hastings is committed to providing local funds for the project as required by the Project Program Agreement and Supplemental Project Program Agreements. NDOR Project Number: URB-5505(4) NDOR Control Number: Project Location: Baltimore Avenue from 12 th Street to 14 th Street. Moved by Odom, seconded by Goebel that Resolution No be passed and approved. Councilman Goebel stated he noticed that what this does primarily is put a limit on our Federal funds for this project and it is an 80/20 project. The City Engineer indicated in his comments that this project may not be completed until 2015, what happens in 2015 when the bids are let. The City Engineer stated where we are right now is we still do not have our category exclusion documents achieved for the project. We thought we would have it last week after discussion and since then, one of the environmental people read some of the narrative on the project that there is a brick arch storm sewer that is existent under the street. The project has now been slowed down and they are investigating the historical significant of this brick arch storm sewer as it addresses the project. It is underground and it is something that isn t seen, we were planning on not touching it when tapping into at a couple of locations. That has put a little wrinkle into the review right now. We cannot move, based on the policies they have been set up, on any right-ofway or any final plan preparation until this environmental document is achieved. Once that is achieved and we get our right-of-way certificate, we turn our plans in and it could take about six months to basically review all plans, estimates, etc. It is now November and we still don t have our category exclusion document that we have been working on for a year and one-half. Most likely we will not be into contract until maybe late 2014 with construction in About a year ago in January, the Roads Department said that they are limited on capping funds on projects and we were to send in our latest estimate. We sent in our latest estimate in January, we didn t have any contact back with the Roads Department until about May and they were using a lesser amount than what staff and the consultant had prepared. We had this dissertation going on, back and forth, for about nine months as to what the project estimate is, adding some inflation or 10

11 construction costs that we realized in just the last year. Recently they again performed two additional estimates and they agree now to the estimate that was prepared by himself and staff in January. This Agreement now reflects the latest and best estimate we have to date, but will that be true at the time we estimate it, probably not, however, we are being capped at 80% which is just shy of $600,000. Any additional funds beyond that will be 100% picked up by the City. It is just another one of the frustrations that many of us have been dealing with, it gets very complex in dealing with the use of Federal funds. This is the last project we have programmed under STP Funds and then hopefully we will just be dealing with Enhancement Funds which is for trail construction. Vote on the motion. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. RESOLUTION NO SIGNING OF THE FEDERAL FUNDS PURCHASE PROGRAM SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, in 2011, LPA and the State entered into a Federal-Aid-Transportation Fund Purchase-Sale Agreement (hereinafter referred to as the Original Agreement ) that provided for the State to purchase at a discount LPA s share of certain Surface Transportation Program Funding (hereinafter referred to as STP ) and the Highway Bridge Program (hereinafter referred to as HBP ) federal-aid funds that had been available to Nebraska LPAs; and WHEREAS, later in 2012, the federal government passed interim transportation funding legislation which eliminated the HPB category of funds and did not provide a replacement category of funds related solely to bridge replacement, rehabilitation and maintenance; and WHEREAS, the parties to this Supplemental Agreement intend to replace the HBP funds, which will no longer be available, with other federal-aid funds in a substantially similar proportional amount to provide LPAs with funds for bridge replacement, rehabilitation and maintenance; and WHEREAS, it has also become necessary for the parties to further address certain National Bridge Inspection Standards compliance issues. WHEREAS, City of Hastings and the Nebraska Department of Roads (NDOR) wish to enter into Supplemental Agreement No. 1 setting out the necessary modifications to the Original Agreement Be It Resolved by the governing body of the City of Hastings that: 11

12 Mayor Vern P. Powers is hereby authorized to sign the attached Federal Funds Purchase Program Supplemental Agreement No. 1 between the City of Hastings and the NDOR. Moved by Skutnik, seconded by Hoops that Resolution No be passed approved. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. Moved by Odom, seconded by Niemeyer that the Council approve the Mayor s appointment of David Ptak as full time City Attorney. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. Moved by Odom, seconded by Goebel that the first reading of Ordinance No (Amending City Code Chapter 13 pertaining to fireworks) be reconsidered. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. Councilman Niemeyer moved that the statutory rule requiring reading on three different days be suspended; Councilman Krings seconded the motion to suspend the rules and upon roll call vote the following Councilmen voted YEA: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. NAY: None. The motion to suspend the rules was adopted by three fourths vote of the Council and the statutory rule was declared suspended for consideration of said Ordinance. The Mayor then stated the question was Shall Ordinance No be passed and adopted? Upon roll call vote the following Councilmen voted YEA: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. NAY: None. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor signed and approved the ordinance and the City Clerk attested the passage approval of the same and affixed her signature thereto. Effective date of the ordinance is November 13, Moved by Niemeyer, seconded by Skutnik that the Mayor and Council go into Executive Session for litigation update at 7:55 P.M. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. Moved by Niemeyer, seconded by Krings that the Mayor and Council go out of Executive Session into Regular Session at 8:17 P.M. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. Moved by Niemeyer, seconded by Hoops there being no further business to come before the Council, the meeting adjourn at 8:17 P.M. Roll Call: Ayes: Harrington, Peterson, Odom, Niemeyer, Krings, Hoops, Skutnik, Goebel. Nays: None. The motion carried. 12

13 APPROVED: Mayor ATTEST: City Clerk ( S E A L ) 13