CITY COUNCIL CITY OF LEXINGTON LEXINGTON, NEBRASKA

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1 CITY COUNCIL CITY OF LEXINGTON LEXINGTON, NEBRASKA A Regular Meeting of the Lexington City Council was held Tuesday, October 25, 2016, at the Lexington City Hall, 406 E. 7 th Street, Lexington, Nebraska at 5:30 p.m. Members of the Council present were John Fagot, John Salem, Linda Miller, Dora Vivas and Jeremy Roberts. City Officials present were City Manager Joe Pepplitsch, Assistant City Manager Dennis Burnside, City Attorney Brian Copley, Finance Director Barb Hodges, Community Development Director Bill Brecks, Sergeant Ken Skiles and City Clerk Pamela Baruth. NOTICE: Notice of the meeting was given in advance, thereof by publication in the Lexington Clipper-Herald, the designated method for giving notice, as shown by the Affidavit of Publication attached to these Minutes. Notice of this meeting was simultaneously given to the Mayor and all members of the Council, and a copy of their Acknowledgment of Receipt of Notice and the Agenda is attached to these Minutes. Availability of the Agenda was communicated in advance notice and in the notice to the Mayor and Council of this Meeting. The proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public. All items presented and discussed on the Agenda were available for public inspection. CALL TO ORDER: The meeting was called to order by Mayor Fagot. Fagot informed the public that the Open Meetings Act is posted in the Meeting Room at the Lexington City Hall, 406 E. 7 th Street, Lexington, Nebraska. MINUTES REGULAR MEETING : Minutes of the Regular meeting held Tuesday, October 11, 2016, were presented. Moved by Salem, seconded by Vivas, to approve the minutes as presented. Roll call. Voting aye were Miller, Roberts, Vivas, Salem, Fagot. Motion carried. CLAIMS & BILLS: Claims and Bills in the amount of $783, were presented for Council s consideration and approval. Upon review of the Claims and Bills as listed, moved by Miller, seconded by Roberts, to approve the Claims and Bills as listed, and authorize the City Treasurer to transfer $165, from General Fund, $48, from Street Fund, $379, from LEXUS, $31, from Sanitation, $5, from Ambulance, $146, from Health Fund, and $6, from Meals on Wheels to the City of Lexington s Operating Account. Roll call. Voting aye were Vivas, Salem, Roberts, Miller, Fagot. Motion carried. ACCOUNTS PAYABLE October 25, 2016 Amazon.com Library/Wii Controller Awards Plus - Lexington Plaque Baker & Taylor Library Books Barco Municipal Products, Inc. ST / SW Signs Bauer Built Tire Tire Repair Bennett, Susan Conference Mileage Bob's True Value ST / WR / PK / Fire / Pool Supplies Briones, Armando Boots Business Card 4imprint Stormwater Promotional Campus Bookstore EMT Books 1, Fairfield Inn & Suites Police Conference Lodging National League of Municipalities League Conference Post Office WR Postage Runza Police Conference Meals Sonic Police Conference Meals 8.35 Walmart Uniforms / ST / WR Buysm Sod Fieldhouse Sod Cash-Wa Distributing Food & Supplies 1, CCP Industries Testing Supplies / WWTP

2 Center Point Large Print Library Books Central States Indemnity Ambulance Refund Coca Cola/Dr. Pepper of Kearney Beverages Consolidated Management, Co. Police Academy Meals Davis Energy, Inc. Fuel / Oil / Grease 4, Dawson County Sheriff Subpoena Services Diaz, Salomon Yard Care Dutton-Lainson WR Tape Eakes Office Solutions Library Mat / Svc Bldg Copier Maint EDM Publishers.com Publications Eilers Machine & Welding ST Supplies Energy Pioneer Solutions EPS Payments 2, Express Laundry Rug Maintenance Fagot Refrigeration & Electric, Inc. Library / GGC / SW / Fieldhouse Service Fastenal Company Dev Svc/ST/WWTP Equipment Materials Fire Extrication Hazmat Billing Fire Equipment Fees Felsburg Holt & Ullevig Stormwater Professional Svc 2, Franco, Roberto Door Install at Old Roof Pro Bldg Gale/Cengage Learning Library Books Grand Island Independent, The Library Subscription Hastings, Phyllis Fuel Reimb Overton MOW Health Claims Fund Claims 146, Heinz, Robert Utility Refund Hiland Dairy Foods Company LLC Food & Beverages Holbein, Dahlas Fire Equipment Maintenance 1, Ingram Library Services Library Books Intellicom Serv Bldg - Internet Serv Jim Phillips Construction Curb / Street / Main / Fence Repair 13, Johnny on the Spot Rentals K Lawn PK Lawn Care Komline-Sanderson Sludge Pump / WWTP Landmark Implement Inc. PK / Cem Mower Repair 1, Lexington Area Chamber of Commerce Annual Dues 4, Lexington, City of - Operating Bank Fee Lexington Newspapers Publications Lexus Utilities 32, Mead Lumber & Rental - Lexington PK / WWTP Supplies MicroMarketing Library Books 2, Mid-Iowa Solid Waste Equipment Co, Inc. SW Jet Nozzle 2, Mins, Jay Police Academy Mileage Nebraska Library Association Library Subscription 1, Nebraska Public Power District O & M 160, Nebraska Machinery ST Equipment Repair 1, Nebraska Salt & Grain Co Salt 4, Nebraskaland Tire Inc. ST Equipment Repair NeRPA Annual Dues & Conf Reg / PK Oliver Consulting Services, Inc. Library Computer Service 3, Paulsen Inc. Concrete Platte Valley Auto Mart ST Vehicle Parts Platte Valley Communications Mo Maint / Police Supplies Plum Creek Promotions Uniforms / ST / WR Police Chiefs Association of Nebraska Membership Fees Police Officers Association of Nebraska Membership Fees / Handbooks Recorded Books, Inc. Library Books School Outfitters Podium / Library Service Master of Mid Nebraska Cleaning Service 5, Storey Kenworthy/Matt Parrott Office Supplies

3 T.O Haas Tire & Auto ST / PK Tire Repair Taste of Home Subscription Thompson Co, The Food & Supplies 1, U-Line ST Mail Sorter and Supplies U-Save Business Equipment Office Supplies United Healthcare Ins Co Ambulance Refund Verizon Wireless Cellphone Service Village Uniform GGC Supplies VMware, Inc. Subscription Vollmer, James ST Vehicle Repair 1, Walmart Supplies Ward Laboratories WR Sample Testing Wesco Receivables Corp Street Lights 75, Wilson, Todd Professional Services 1, Custom Siren Amplifier Blue Cross Blue Shield Nebraska Ambulance Refund Cash-Wa Distributing Food & Supplies Chesterman Company Beverages City of Kearney Library Book Dan's Sanitation Sanitation Fees 31, Downey Drilling Inc. Lubricate Grease EMS Billing Services Ambulance Services 2, Great Western Bank-City Petty Cash Supplies / Meals Great Western Bank-Lib. Petty Cash Postage / Books HD Supply Waterworks EL Supplies Hiland Dairy Foods Company LLC Food & Beverages Lexington City Payroll Account Payroll Wages 135, Social Security Employer Portion / FICA Med 10, Union Bank & Trust Employer Portion / Pension 4, Union Bank & Trust Police Pension 2, ICMA City Manager Pension Lexington, City of Franchise Fees 82, Mead Lumber & Rental - Lexington Sm Eng Repair / PK Municipal Supply, Inc. WR Supplies 1, Nebraska Environmental Products Sweeper Broom Nebraska Salt & Grain Co Ice Control Salt 9, NE Public Health Environmental Lab WR Testing Orthman Community YMCA Memberships Paulsen Inc. Gravel / Field House Platte Valley Communications Kearney Battery / WR Scholastic Inc. Promotions / Library TASC Administration Fees Thompson Co, The Food & Supplies Weathercraft Companies Maint / Roof Pro Bldg 3, WPCI Drug Test TOTAL CLAIMS: 783, FINANCIAL REPORT: Moved by Roberts, seconded by Salem, to accept the financial report for September 2016 as presented. Roll call. Voting aye were Vivas, Miller, Salem, Roberts, Fagot. Motion carried. PUBLIC HEARING: Mayor Fagot opened a public hearing to consider a rezoning application submitted by Jose Gomez Aguirre for property located at 211 West Cedar changing the zoning from R-1 Single Residential to R-2 Two Family Residential. Bill Brecks reviewed the project and explained that Mr. Gomez intends to remodel the existing structure into a duplex, and there would not appear to be any adverse impacts to surrounding properties with such project. Pepplitsch noted that Staff recommends a development agreement with the owner

4 that would ensure compliance with building regulations prior to formal zoning change. There being no public comments, the public hearing was closed. Following discussion, moved by Miller, seconded by Salem, to approve and authorize the execution of the draft development agreement. Voting aye were Vivas, Roberts, Salem, Miller, Fagot. Motion carried. Ordinance No entitled AN ORDINANCE TO REZONE LOTS 7, 8, AND 9, BLOCK 4, STUCKEY & LITTLE S ADDITION TO THE CITY OF LEXINGTON, DAWSON COUNTY, NEBRASKA FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL; TO REPEAL ALL ORDINANCES OR SECTIONS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE FOR AN EFFECTIVE DATE AND FOR PUBLICATION IN PAMPHLET FORM was presented on first reading. Moved by Salem, seconded by Miller, to approve Ordinance No as presented on first reading. Voting aye were Vivas, Roberts, Miller, Salem, Fagot. Motion carried. RESOLUTION: Resolution No was presented. Pepplitsch indicated that the resolution would authorize the borrowing of funds to support equipment purchases for the Street Department. He summarized the need to replace many fleet units over the next few years, and reviewed proposed pricing received for a heavy loader and a skid-steer loader. Following discussion, moved by Vivas, seconded by Salem, to approve Resolution No Roll call. Voting aye were Miller, Roberts, Salem, Vivas, Fagot. Motion carried. RESOLUTION A RESOLUTION AUTHORIZING THE CITY OF LEXINGTON TO OBTAIN FINANCING FOR CONSTRUCTION EQUIPMENT. WHEREAS the City of Lexington, Nebraska has entered into an agreement for the purchase of: a 2016 S650 BOBCAT SKID-STEER LOADER and a K CATERPILLAR LOADER; WHEREAS the financing of the purchase of said property through traditional bond financing would be impractical; WHEREAS the financing of the purchase of said property through direct borrowing would generate taxpayer savings over traditional bond financing; WHEREAS the City Council of the City of Lexington, Nebraska has published notice that an ordinance or resolution authorizing direct borrowing from a financial institution will appear on the agenda of the City Council meeting for October 25, 2016; WHEREAS the total amount of indebtedness from direct borrowing shall not exceed $133,500.00, said amount being less than ten percent of the municipal budget of the City of Lexington, Nebraska; WHEREAS the City of Lexington, Nebraska has considered, to the extent possible, proposals from multiple financial institutions; WHEREAS as a result of the foregoing the City of Lexington, Nebraska may borrow directly for the purchase of a SAID CONSTRUCTION EQUIPMENT, pursuant to Neb Rev. Stat BE IT THEREFORE RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF LEXINGTON, NEBRASKA as follows: 1. That the City of Lexington, Nebraska is hereby authorized to contract for financing with Great Western Bank of Lexington Nebraska. The loan amount shall not exceed $133, for a term of 3 years at an interest rate of 1.95%. 2. That Joe Pepplitsch, City Manager, is hereby directed and authorized, on behalf of the City of Lexington, Nebraska to execute all necessary documents.

5 Passed and approved this 25th day of October PAY REQUEST: Pepplitsch reviewed Pay Request #2 from Paulsen Inc. for the 2016 CIS Improvements project in the amount of $166, Following discussion, moved by Roberts, seconded by Miller, to approve the pay request as presented. Roll call. Voting aye were Vivas, Salem, Miller, Roberts, Fagot. Motion carried. CLOSEOUT DOCUMENTS: Pepplitsch reviewed closeout documents for the Lexington Fieldhouse project, including Pay Request #8-Final, Change Order #2, and Certificate of Substantial Completion. Following an update on the project, moved by Miller, seconded by Vivas, to approve Pay Request #8, Change Order #2, and Certificate of Substantial Completion as presented. Roll call. Voting aye were Salem, Roberts, Vivas, Miller, Fagot. Motion carried. WORK SESSION: Moved by Vivas, seconded by Salem, to schedule a council work session on Saturday, November 12, 2016, at 8:00 a.m. Roll call. Voting aye were Miller, Roberts, Salem, Vivas, Fagot. Motion carried. ROUNDTABLE: Pepplitsch gave a brief update on current projects. Burnside reminded that Wednesday, October 26, 2016, is Walk Lex Day and encouraged everyone to walk at least 15 minutes that day. ADJOURNMENT: There being no further business to come before the Council, Fagot declared the meeting adjourned. John Fagot, Mayor Pamela Baruth City Clerk I, the undersigned City Clerk for the City of Lexington, Nebraska, hereby certify that all of the subjects included in the foregoing proceedings were contained in the Agenda for the meeting, kept continually current and available for public inspection at the office of the City Clerk during regular business hours prior to said meeting; that the Minutes of the Mayor and Council of the City of Lexington, Nebraska, from which the foregoing proceedings have been extracted were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meeting of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting. /s/ Pamela Baruth, City Clerk