KEARNEY CITY COUNCIL

Transcription

1 KEARNEY CITY COUNCIL AGENDA City Council Chambers, 18 East 22nd Street April 28, :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 - Recognition of visitors. None. II UNFINISHED BUSINESS III PUBLIC HEARINGS 1. Conduct a public hearing for the Council to meet as the Board of Equalization to assess costs in connection with Paving Improvement District No ; Water District No ; Sanitary Sewer District No and consider Resolution No Requested to Postpone Until May 12, Conduct a public hearing on the Applications submitted by Miller & Associates for DT Development and First Baptist Church of Kearney: (1) to vacate part of Lot 1, Spruce Hollow Estates Fourth Addition, part of Outlot B, Lots 1 and 2 of Block Four, Spruce Hollow Estates Fifth Addition, additions to the City of and consider Ordinance No. 7989; and vacate an easement being part of Lot 1, Spruce Hollow Estates Fourth Addition, part of Outlot B, part of Lots 1 and 2 of Block Four, Spruce Hollow Estates Fifth Addition, additions to the City of and consider Ordinance No. 7990; (2) to rezone from District R-1, Urban Residential Single-Family District (Low Density) and District R-2, Urban Residential Mixed-Density District to District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District property described as a tract of land being Lot 1, Spruce Hollow Estates Fourth Addition to the City of (east of 11th Avenue between West 57th Street Place and West 58th Street) and consider Ordinance No Requested to Postpone Until May 12, Conduct a public hearing on the Application submitted by Miller & Associates for DT Development, Inc. for the Final Plat and Subdivision Agreement for Spruce Hollow Estates Sixth Addition, an addition to the

2 April 28, 2015 Page 2 City of, for property described as a tract of land being part of the Southwest Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of 11th Avenue between West 57th Street Place and West 58th Street) and consider Resolution No Requested to Postpone Until May 12, Conduct a public hearing on the Application submitted by Miller & Associates for DT Development, Inc. for Planned District Development Plan Approval to construct 15 single family condominium dwelling units on property to be zoned R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District and described as a tract of land being part of the Southwest Quarter of Section 23, Township 9 North, Range 16 West of 6th P.M., Buffalo County, Nebraska (east of 11th Avenue between West 57th Street Place and west of 58th Street) and consider Resolution No IV CONSENT AGENDA * 1. Approve Minutes of Regular Meeting held April 13, Approve the Claims. 3. Receive recommendations of Planning Commission and set May 12, 2015 at 5:30 p.m. as date and time for hearing on those applications where applicable. 4. Approve the application for a Special Designated License submitted by Dady, Inc., dba Dad s Tavern in connection with their Class C liquor license to dispense beer, wine and distilled spirits outside in a 30 x 25 fenced area located north of their facility located at 1910 Central Avenue on May 15, 2015 from 10:00 p.m. until 1:00 a.m. and on May 16, 2015 from 9:00 a.m. until 1:00 a.m. for a beer garden. 5. Approve the application for a Special Designated License submitted by Dady, Inc., dba Dad s Tavern in connection with their Class C liquor license to dispense beer, wine and distilled spirits outside in a 30 x 25 fenced area located north of their facility located at 1910 Central Avenue on May 29 and 30, 2015 from 10:00 p.m. until 1:00 a.m. for a beer garden. 6. 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 and wine in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N on May 16, 2015 from 3:00 p.m. until 12:00 a.m. for a graduation party. 7. 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 in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N on May 17, 2015 from 12:00 p.m. until 12:00 a.m. for a graduation party. 8. Adopt Resolution No approving the Planning Grant Administrator for planning downtown revitalization activities for 2015.

3 April 28, 2015 Page 3 9. Approve the Plans and Specifications for the 2015 Part 4 Improvements consisting of Paving Improvement District No for 29th Street from 6th Avenue to 8th Avenue and set the bid opening date for May 18, 2015 at 2:00 p.m. 10. Approve the application for a Special Designated License submitted by Kearney Investment Corp., dba Holiday Inn in connection with their Class CK catering liquor license to dispense beer, wine and distilled spirits inside the First National Bank located at nd Avenue on May 14, 2015 from 5:00 p.m. until 8:00 p.m. for a reception. 11. Adopt Resolution No approving Application and Certificate for Payment No. 1 in the amount of $88, submitted by Dan Roeder Concrete and approved by Miller & Associates for 2014 Part 10 Improvements Bid B consisting of Paving Improvement District No for 17th Street from Avenue M east to the east lot line of Lot 5, Block Two, Marlatt Addition. 12. Adopt Resolution No approving Change Order No. 3 showing an increase in the amount of $4,300.00, Application and Certificate for Payment No. 7 in the amount of $232, submitted by Blessing LLC and approved by Miller & Associates for 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. 13. Adopt Resolution No approving Change Order No. 1 showing a decrease in the amount of $28,521.20, Application and Certificate for Payment No. 5-Final in the amount of $86,274.29, Certificate of Substantial Completion submitted by Midlands Contracting and approved by Miller & Associates for 2014 Part 8 Improvements consisting of Water District No and Sanitary Sewer District No in 27th Avenue from 11th Street south 850 feet; and Water District No and Sanitary Sewer District No in 30th Avenue from 11th Street south 1,500 feet. 14. Adopt Resolution No approving Application and Certificate for Payment No. 6 in the amount of $289, submitted by Midlands Contracting and approved by Miller & Associates for 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. 15. Adopt Resolution No approving Application and Certificate for Payment No. 1 in the amount of $183, submitted by Trojan Technologies and approved by Miller & Associates for the UV Disinfection Building Equipment at the Platte River Well Field. 16. Adopt Resolution No approving Application and Certificate for Payment No. 2 in the amount of $420, submitted by Midlands Contracting and approved by Miller & Associates for the UV Disinfection Building at the Platte River Well Field. 17. Approve the Plans and Specifications for 2015 Part 8 Improvements consisting of Paving Improvement District No , Water District No , Sanitary Sewer District

4 April 28, 2015 Page 4 No for 3rd Street from 3rd Avenue westerly to the west line of Lot 1, Block One, Younes Center Third Addition; Paving Improvement District No and Water District No for 4th Avenue from Talmadge Street to the 3rd Street as platted in Younes Center Third Addition and set the bid opening date for May 18, 2015 at 2:00 p.m. 18. Approve the Plans and Specifications for 2015 Part 1 Improvements; 19th Street and Sidewalks/Ramps and set the bid opening date for May 18, 2015 at 2:00 p.m. * 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. Adopt Ordinance No amending the following sections of Article 6 Fireworks of Chapter 4 Fire Regulations of the Code of the City of Kearney as follows: Section Fireworks; Definitions to remove the definition of permissible fireworks and adopt the definition of consumer fireworks which would coincide with state law; Section Generally to remove the outdated wording and adopt what is allowed by state law; and Section Permit to Sell Fireworks to remove the reference of permissible fireworks and replace with consumer fireworks which would coincide with state law. VI REGULAR AGENDA 1. Open Account Claim to NPPD - $ 107, 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

5 COUNCIL AGENDA MEMO ITEM NO. III - #1 FROM: Michaelle Trembly, City Clerk MEETING: April 28, 2015 SUBJECT: PRESENTER: Board of Equalization Meeting City Council Discussion: Paving Improvement District No Water District No Sanitary Sewer District No These districts were created on May 14, 2013 and amended on June 25, They are public improvements 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. Prior to the last meeting it was determined that notification was not properly given. Therefore, the Council was not able to act on them. After completion of the construction projects, the City hired a title company to complete property abstracts so that assessments could be levied. Attached is the schedule showing the assessments for each parcel for each paving, water and sanitary sewer districts. These districts have been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. Property owners will then be required to pay the first installment within 50 days (June 18) or they can pay the assessment over a 5-year period for water and sanitary sewer and 10 years for paving. 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 the Council conduct the public hearing meeting as the Board of Equalization for the purpose of considering, equalizing and levying special assessments on the lots and parcels of land in each paving, water and sanitary sewer district and approve the assessment schedule as presented. We provide services, solutions, and opportunities for our community.

6 RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA: Section 1. The President and Council find and determine that the streets in Paving Improvement District No have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit A and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council. Section 2. The President and Council find and determine that the water main heretofore ordered installed in Water District No has been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked Exhibit A and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedule does not exceed the amounts which each of said lots and parcels of ground were specially benefited by said water main and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council. Section 3. The President and Council find and determine that the sanitary sewer main heretofore ordered installed in Sanitary Sewer District No has been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked Exhibit A and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedule does not exceed the amounts which each of said lots and parcels of ground were specially benefited by said sanitary sewer main and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

7 Resolution No Page 2 Section 4. Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein. Section 5. That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit A the amount set opposite each lot and parcel of ground. Said assessments for Paving Improvement District No shall become delinquent as follows: 1/10th fifty days after date of this Resolution 1/10th one year after date of this Resolution 1/10th two years after date of this Resolution 1/10th three years after date of this Resolution 1/10th four years after date of this Resolution 1/10th five years after date of this Resolution 1/10th six years after date of this Resolution 1/10th seven years after date of this Resolution 1/10th eight years after date of this Resolution 1/10th nine years after date of this Resolution Each installment, except the first, shall draw interest at the rate of 5.0 per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of 14.0 per centum per annum until paid. Section 6. That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit A the amount set opposite each lot and parcel of ground. Said assessments for Water District No shall become delinquent as follows: 1/5th fifty days after date of this Resolution 1/5th one year after date of this Resolution 1/5th two years after date of this Resolution 1/5th three years after date of this Resolution 1/5th four years after date of this Resolution

8 Resolution No Page 3 Each installment, except the first, shall draw interest at the rate of 5.0 per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of 14.0 per centum per annum until paid. Section 7. That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit A the amount set opposite each lot and parcel of ground. Said assessments for Sanitary Sewer District No shall become delinquent as follows: 1/5th fifty days after date of this Resolution 1/5th one year after date of this Resolution 1/5th two years after date of this Resolution 1/5th three years after date of this Resolution 1/5th four years after date of this Resolution Each installment, except the first, shall draw interest at the rate of 5.0 per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of 14.0 per centum per annum until paid. PASSED AND APPROVED THIS 28TH DAY OF APRIL, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

9 PAVING DISTRICT KEARNEY, NEBRASKA

10 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Lot 10, Block 3, Fountain Hills Third NO BENEFIT Amount Due Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Lot 11, Block 3, Fountain Hills Third NO BENEFIT Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Lot 12, Block 3, Fountain Hills Third NO BENEFIT Grand West, LLC (P.O. Outlot A, Fountain Hills Fifth NO BENEFIT Grand West, LLC (P.O. Outlot B, Fountain Hills Fifth NO BENEFIT

11 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 2, Block 5, Fountain Hills Fifth NO BENEFIT Amount Due 1 Grand West, LLC (P.O. Lot 17, Block 1, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 16, Block 1, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 15, Block 1, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 14, Block 1, Fountain Hills Fifth $15, $8, $7,398.74

12 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 5 Grand West, LLC (P.O. Lot 13, Block 1, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 12, Block 1, Fountain Hills Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska $15, $8, $7, Grand West, LLC (P.O. Lot 11, Block 1, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 10, Block 1, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 9, Block 1, Fountain Hills Fifth $15, $8, $7,398.74

13 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 10 Grand West, LLC (P.O. Lot 8, Block 1, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 7, Block 1, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 6, Block 1, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 5, Block 1, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 4, Block 1, Fountain Hills Fifth $15, $8, $7,398.74

14 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 15 Grand West, LLC (P.O. Lot 3, Block 1, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 2, Block 1, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 1, Block 1, Fountain Hills Fifth $15, $8, $7, Chad A. Taylor and Allison C. Taylor (2912 Antelope Avenue, Apt 1, Kearney, NE 68847) Great Western Bank (2120 1st Avenue, Kearney, NE 68847) Lot 3, Block 3, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 2, Block 3, Fountain Hills Fifth $15, $8, $7,398.74

15 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 20 Summers Construction, Inc. (4307 Palamino Road, Kearney, NE 68845) Lot 1, Block 3, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 3, Block 4, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 2, Block 4, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 1, Block 4, Fountain Hills Fifth $15, $8, $7, Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Outlot B, Block 3, Fountain Hills Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska $15, $0.00 $15,673.93

16 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 25 Grand West, LLC (P.O. Lot 4, Block 2, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 3, Block 2, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 5, Block 2, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 2, Block 2, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 6, Block 2, Fountain Hills Fifth $15, $8, $7,398.74

17 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 30 Grand West, LLC (P.O. Lot 1, Block 2, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 12, Block 8, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 1, Block 8, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 12, Block 7, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 1, Block 7, Fountain Hills Fifth $15, $8, $7,398.74

18 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 35 Grand West, LLC (P.O. Lot 14, Block 6, Fountain Hills Fifth Amount Due $15, $8, $7, T Period S Period Construction, Inc. (115 East 29th Street, Kearney, NE 68847) Lot 6, Block 6, Fountain Hills Fifth $15, $8, $7, T Period S Period Construction, Inc. (115 East 29th Street, Kearney, NE 68847) Lot 5, Block 6, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 6, Block 5, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 1, Block 5, Fountain Hills Fifth $15, $8, $7,398.74

19 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 40 Grand West, LLC (P.O. Lot 11, Block 8, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 2, Block 8, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 11, Block 7, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 2, Block 7, Fountain Hills Fifth $15, $8, $7, T Period S Period Construction, Inc. (115 East 29th Street, Kearney, NE 68847) Lot 13, Block 6, Fountain Hills Fifth $15, $8, $7,398.74

20 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 45 Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 7, Block 6, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 4, Block 6, Fountain Hills Fifth $15, $8, $7, Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 5, Block 5, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 10, Block 8, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 3, Block 8, Fountain Hills Fifth $15, $8, $7,398.74

21 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 50 Grand West, LLC (P.O. Lot 10, Block 7, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 3, Block 7, Fountain Hills Fifth $15, $8, $7, Transition Solutions, Inc. ( nd Avenue, Kearney, NE 68845) Lot 12, Block 6, Fountain Hills Fifth $15, $8, $7, Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 8, Block 6, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 3, Block 6, Fountain Hills Fifth $15, $8, $7,398.74

22 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 55 Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 4, Block 5, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 9, Block 8, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 4, Block 8, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 9, Block 7, Fountain Hills Fifth $15, $8, $7, Transition Solutions, Inc. ( nd Avenue, Kearney, NE 68845) Lot 4, Block 7, Fountain Hills Fifth $15, $8, $7,398.74

23 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 60 Grand West, LLC (P.O. Lot 11, Block 6, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 10, Block 6, Fountain Hills Fifth $15, $8, $7, Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 9, Block 6, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 1, Block 6, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 2, Block 6, Fountain Hills Fifth $15, $8, $7,398.74

24 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 65 John T. Brown and Elizabeth L. Brown (4505 Loveland Drive, Kearney, NE 68845) First American Title Company (5 First American Way, Santa Ana, CA 92707); AND Mortgage Electronic Registration Systems, Inc. (P.O. Box 2026, Flint, MI ) Lot 3, Block 5, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 8, Block 8, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 7, Block 8, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 6, Block 8, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 5, Block 8, Fountain Hills Fifth $15, $8, $7,398.74

25 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Paving Improvement District Map # Owner Mortgagor Legal Assessment Deposit 70 Grand West, LLC (P.O. Lot 8, Block 7, Fountain Hills Fifth Amount Due $15, $8, $7, Grand West, LLC (P.O. Lot 7, Block 7, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 6, Block 7, Fountain Hills Fifth $15, $8, $7, Grand West, LLC (P.O. Lot 5, Block 7, Fountain Hills Fifth $15, $8, $7, Lori J. Potter (4437 Parkwood Lane, Kearney, NE 68845) None Lot 16, Fairacres 3rd, a subdivision to the City of Kearney, Buffalo County, Nebraska $9, $0.00 $9,171.31

26 WATER DISTRICT KEARNEY, NEBRASKA

27 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Lot 10, Block 3, Fountain Hills Third Amount Due Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Lot 11, Block 3, Fountain Hills Third NO BENEFIT Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Lot 12, Block 3, Fountain Hills Third NO BENEFIT Grand West, LLC (P.O. Outlot A, Fountain Hills Fifth NO BENEFIT Grand West, LLC (P.O. Outlot B, Fountain Hills Fifth NO BENEFIT

28 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 2, Block 5, Fountain Hills Fifth NO BENEFIT Amount Due 1 Grand West, LLC (P.O. Lot 17, Block 1, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 16, Block 1, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 15, Block 1, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 14, Block 1, Fountain Hills Fifth $3, $1, $1,839.98

29 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 5 Grand West, LLC (P.O. Lot 13, Block 1, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 12, Block 1, Fountain Hills Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska $3, $1, $1, Grand West, LLC (P.O. Lot 11, Block 1, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 10, Block 1, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 9, Block 1, Fountain Hills Fifth $3, $1, $1,839.98

30 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 10 Grand West, LLC (P.O. Lot 8, Block 1, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 7, Block 1, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 6, Block 1, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 5, Block 1, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 4, Block 1, Fountain Hills Fifth $3, $1, $1,839.98

31 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 15 Grand West, LLC (P.O. Lot 3, Block 1, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 2, Block 1, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 1, Block 1, Fountain Hills Fifth $3, $1, $1, Chad A. Taylor and Allison C. Taylor (2912 Antelope Avenue, Apt 1, Kearney, NE 68847) Great Western Bank (2120 1st Avenue, Kearney, NE 68847) Lot 3, Block 3, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 2, Block 3, Fountain Hills Fifth $3, $1, $1,839.98

32 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 20 Summers Construction, Inc. (4307 Palamino Road, Kearney, NE 68845) Lot 1, Block 3, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 3, Block 4, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 2, Block 4, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 1, Block 4, Fountain Hills Fifth $3, $1, $1, Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Outlot B, Block 3, Fountain Hills Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska $3, $0.00 $3,769.28

33 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 25 Grand West, LLC (P.O. Lot 4, Block 2, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 3, Block 2, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 5, Block 2, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 2, Block 2, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 6, Block 2, Fountain Hills Fifth $3, $1, $1,839.98

34 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 30 Grand West, LLC (P.O. Lot 1, Block 2, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 12, Block 8, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 1, Block 8, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 12, Block 7, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 1, Block 7, Fountain Hills Fifth $3, $1, $1,839.98

35 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 35 Grand West, LLC (P.O. Lot 14, Block 6, Fountain Hills Fifth Amount Due $3, $1, $1, T Period S Period Construction, Inc. (115 East 29th Street, Kearney, NE 68847) Lot 6, Block 6, Fountain Hills Fifth $3, $1, $1, T Period S Period Construction, Inc. (115 East 29th Street, Kearney, NE 68847) Lot 5, Block 6, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 6, Block 5, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 1, Block 5, Fountain Hills Fifth $3, $1, $1,839.98

36 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 40 Grand West, LLC (P.O. Lot 11, Block 8, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 2, Block 8, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 11, Block 7, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 2, Block 7, Fountain Hills Fifth $3, $1, $1, T Period S Period Construction, Inc. (115 East 29th Street, Kearney, NE 68847) Lot 13, Block 6, Fountain Hills Fifth $3, $1, $1,839.98

37 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 45 Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 7, Block 6, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 4, Block 6, Fountain Hills Fifth $3, $1, $1, Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 5, Block 5, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 10, Block 8, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 3, Block 8, Fountain Hills Fifth $3, $1, $1,839.98

38 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 50 Grand West, LLC (P.O. Lot 10, Block 7, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 3, Block 7, Fountain Hills Fifth $3, $1, $1, Transition Solutions, Inc. ( nd Avenue, Kearney, NE 68845) Lot 12, Block 6, Fountain Hills Fifth $3, $1, $1, Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 8, Block 6, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 3, Block 6, Fountain Hills Fifth $3, $1, $1,839.98

39 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 55 Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 4, Block 5, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 9, Block 8, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 4, Block 8, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 9, Block 7, Fountain Hills Fifth $3, $1, $1, Transition Solutions, Inc. ( nd Avenue, Kearney, NE 68845) Lot 4, Block 7, Fountain Hills Fifth $3, $1, $1,839.98

40 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 60 Grand West, LLC (P.O. Lot 11, Block 6, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 10, Block 6, Fountain Hills Fifth $3, $1, $1, Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 9, Block 6, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 1, Block 6, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 2, Block 6, Fountain Hills Fifth $3, $1, $1,839.98

41 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 65 John T. Brown and Elizabeth L. Brown (4505 Loveland Drive, Kearney, NE 68845) First American Title Company (5 First American Way, Santa Ana, CA 92707); AND Mortgage Electronic Registration Systems, Inc. (P.O. Box 2026, Flint, MI ) Lot 3, Block 5, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 8, Block 8, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 7, Block 8, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 6, Block 8, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 5, Block 8, Fountain Hills Fifth $3, $1, $1,839.98

42 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Water District Map # Owner Mortgagor Legal Assessment Deposit 70 Grand West, LLC (P.O. Lot 8, Block 7, Fountain Hills Fifth Amount Due $3, $1, $1, Grand West, LLC (P.O. Lot 7, Block 7, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 6, Block 7, Fountain Hills Fifth $3, $1, $1, Grand West, LLC (P.O. Lot 5, Block 7, Fountain Hills Fifth $3, $1, $1,839.98

43 SANITARY SEWER DISTRICT KEARNEY, NEBRASKA

44 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Lot 10, Block 3, Fountain Hills Third NO BENEFIT Amount Due Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Lot 11, Block 3, Fountain Hills Third NO BENEFIT Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Lot 12, Block 3, Fountain Hills Third NO BENEFIT Grand West, LLC (P.O. Outlot A, Fountain Hills Fifth NO BENEFIT Grand West, LLC (P.O. Outlot B, Fountain Hills Fifth NO BENEFIT

45 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 2, Block 5, Fountain Hills Fifth NO BENEFIT Amount Due 1 Grand West, LLC (P.O. Lot 17, Block 1, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 16, Block 1, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 15, Block 1, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 14, Block 1, Fountain Hills Fifth $7, $3, $3,310.06

46 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 5 Grand West, LLC (P.O. Lot 13, Block 1, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 12, Block 1, Fountain Hills Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska $7, $3, $3, Grand West, LLC (P.O. Lot 11, Block 1, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 10, Block 1, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 9, Block 1, Fountain Hills Fifth $7, $3, $3,310.06

47 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 10 Grand West, LLC (P.O. Lot 8, Block 1, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 7, Block 1, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 6, Block 1, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 5, Block 1, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 4, Block 1, Fountain Hills Fifth $7, $3, $3,310.06

48 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 15 Grand West, LLC (P.O. Lot 3, Block 1, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 2, Block 1, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 1, Block 1, Fountain Hills Fifth $7, $3, $3, Chad A. Taylor and Allison C. Taylor (2912 Antelope Avenue, Apt. 1, Kearney, NE 68847) Great Western Bank (2120 1st Avenue, Kearney, NE 68847) Lot 3, Block 3, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 2, Block 3, Fountain Hills Fifth $7, $3, $3,310.06

49 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 20 Summers Construction, Inc. (4307 Palamino Road, Kearney, NE 68845) Lot 1, Block 3, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 3, Block 4, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 2, Block 4, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 1, Block 4, Fountain Hills Fifth $7, $3, $3, Fountain Hills Properties, LLC (602 Leisure Lane, Hastings, NE 68901) Outlot B, Block 3, Fountain Hills Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska $7, $0.00 $7,097.23

50 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 25 Grand West, LLC (P.O. Lot 4, Block 2, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 3, Block 2, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 5, Block 2, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 2, Block 2, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 6, Block 2, Fountain Hills Fifth $7, $3, $3,310.06

51 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 30 Grand West, LLC (P.O. Lot 1, Block 2, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 12, Block 8, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 1, Block 8, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 12, Block 7, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 1, Block 7, Fountain Hills Fifth $7, $3, $3,310.06

52 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 35 Grand West, LLC (P.O. Lot 14, Block 6, Fountain Hills Fifth Amount Due $7, $3, $3, T Period S Period Construction, Inc. (115 East 29th Street, Kearney, NE 68847) Lot 6, Block 6, Fountain Hills Fifth $7, $3, $3, T Period S Period Construction, Inc. (115 East 29th Street, Kearney, NE 68847) Lot 5, Block 6, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 6, Block 5, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 1, Block 5, Fountain Hills Fifth $7, $3, $3,310.06

53 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 40 Grand West, LLC (P.O. Lot 11, Block 8, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 2, Block 8, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 11, Block 7, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 2, Block 7, Fountain Hills Fifth $7, $3, $3, T Period S Period Construction, Inc. (115 East 29th Street, Kearney, NE 68847) Lot 13, Block 6, Fountain Hills Fifth $7, $3, $3,310.06

54 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 45 Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 7, Block 6, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 4, Block 6, Fountain Hills Fifth $7, $3, $3, Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 5, Block 5, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 10, Block 8, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 3, Block 8, Fountain Hills Fifth $7, $3, $3,310.06

55 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 50 Grand West, LLC (P.O. Lot 10, Block 7, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 3, Block 7, Fountain Hills Fifth $7, $3, $3, Transition Solutions, Inc. ( nd Avenue, Kearney, NE 68845) Lot 12, Block 6, Fountain Hills Fifth $7, $3, $3, Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 8, Block 6, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 3, Block 6, Fountain Hills Fifth $7, $3, $3,310.06

56 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 55 Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 4, Block 5, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 9, Block 8, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 4, Block 8, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 9, Block 7, Fountain Hills Fifth $7, $3, $3, Transition Solutions, Inc. ( nd Avenue, Kearney, NE 68845) Lot 4, Block 7, Fountain Hills Fifth $7, $3, $3,310.06

57 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 60 Grand West, LLC (P.O. Lot 11, Block 6, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 10, Block 6, Fountain Hills Fifth $7, $3, $3, Cory Development, Inc. ( nd Avenue, Kearney, NE 68845) Lot 9, Block 6, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 1, Block 6, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 2, Block 6, Fountain Hills Fifth $7, $3, $3,310.06

58 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 65 John T. Brown and Elizabeth L. Brown (4505 Loveland Drive, Kearney, NE 68845) First American Title Company (5 First American Way, Santa Ana, CA 92707); AND Mortgage Electronic Registration Systems, Inc. (P.O. Box 2026, Flint, MI ) Lot 3, Block 5, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 8, Block 8, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 7, Block 8, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 6, Block 8, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 5, Block 8, Fountain Hills Fifth $7, $3, $3,310.06

59 50th Street, 51st St Place, 14th Ave Place, 15th Ave Place, 16th Ave Place, Loveland Drive Sanitary Sewer District Map # Owner Mortgagor Legal Assessment Deposit 70 Grand West, LLC (P.O. Lot 8, Block 7, Fountain Hills Fifth Amount Due $7, $3, $3, Grand West, LLC (P.O. Lot 7, Block 7, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 6, Block 7, Fountain Hills Fifth $7, $3, $3, Grand West, LLC (P.O. Lot 5, Block 7, Fountain Hills Fifth $7, $3, $3,310.06

60 COUNCIL AGENDA MEMO ITEM NO. III - #2, 3, 4 FROM: Michaelle Trembly, City Clerk MEETING: April 28, 2015 SUBJECT: PRESENTER: Development of Spruce Hollow Estates Sixth Located East of 11th Avenue between West 57th Street Place and West 58th Street No Presenter Discussion: On Thursday afternoon, the City received a request from the developer requesting to postpone Spruce Hollow Estates Sixth Addition until the next meeting which is scheduled for May 12, Therefore, no action will be taken on these matters. We provide services, solutions, and opportunities for our community.

61 Kearney, Nebraska April 13, :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 April 13, 2015, 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; Kirk Stocker, Director of Utilities; Rod Wiederspan, Director of Public Works; Dan Lynch, Chief of Police; and Shawna Erbsen, Administrative Services Director were also present. Some of the citizens present in the audience included: Brian Fitzgerald, Dee Schriner, Trenton Snowm, Mitch Humphrey, Craig Bennett, Darla Langenberg, Bart Langenberg, Jacque Haupt, Bruce Lefler, Andrew Rudersdorf, Ashley White from Kearney Hub, Steve Altmaier from KGFW Radio, Lauren Scharf from NTV, Brent Wiethorn from KKPR. 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 132 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. ORAL COMMUNICATIONS - PROCLAMATION Mayor Clouse read and presented a Proclamation for Sexual Assault Awareness Month to Robyn, a representative with the SAFE Center.

62 April 13, 2015 Page 2 II. UNFINISHED BUSINESS There was no Unfinished Business. III. PUBLIC HEARINGS REZONING 102 AND 108 WEST 30TH STREET Mayor Clouse opened the public hearing on the Application submitted by Calvin Hinz Architects for Kearney Federal Credit Union to rezone from District R-2, Urban Residential Mixed-Density District to District U-C, Mixed Use Urban Corridor District property described as Lots 490, 491 and the East 6 feet of Lot 492, Southwest Quarter School Section Addition to the City of (102 and 108 West 30th Street) and consider Ordinance No Kearney Federal Credit Union has purchased 102 and 108 West 30th Street and would like to rezone the property from R-2, Urban Residential Mixed-Density District to UC, Mixed Use Urban Corridor District in order to expand their business. The Future Land Use Map of the Comprehensive Development Plan shows the area from 2nd Avenue to 1st Avenue as Mixed Use 1 which is in conformance with the rezoning request. Urban Corridor zoning is intended to serve as a buffer between arterials and residential neighborhoods. This rezoning is a continuation of previous action by Planning Commission and City Council to allow redevelopment of older commercial and residential areas that abut 2nd Avenue in order to create commercial lots that are designed to lessen traffic congestion as well as protect residential blocks not adjacent to 2nd Avenue. The intent of Kearney Federal Credit Union, as stated at Planning Commission, is to redevelop this area to allow construction of a new office building and additional parking. The property is adjacent to UC zoning on the west and R-2 zoning on the south and on the east and north across the street. Brian Fitzgerald presented this matter to the Council. He stated the plan is to utilize the additional zones for parking. Dee Schriner from the Kearney Federal Credit Union stated they currently own the entire north side of the property and the front half is on 2nd Avenue and the yellow house will be removed and they want to build a larger building and use the back two lots for parking. The back two lots are currently zoned R-2. There was no one present in opposition to this hearing. Moved by Lammers to close the public hearing on the Application submitted by Calvin Hinz Architects for Kearney Federal Credit Union to rezone from District R-2, Urban Residential Mixed-Density District to District U-C, Mixed Use Urban Corridor District property described as Lots 490, 491 and the East 6 feet of Lot 492, Southwest Quarter School Section Addition to the City of and introduced Ordinance No and moved that the statutory rules requiring ordinances

63 April 13, 2015 Page 3 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 Kearney Police Department and the Kearney Public Library. REZONING 300 WEST 98TH STREET Public Hearings 2 and 3 were discussed together but voted on separately. Mayor Clouse opened the public hearing on the Application submitted by Trenton Snow for Sweetwater Properties, LLC to rezone from District AG, Agricultural District to District C-3, General Commercial District property described as a tract of land being part of the North Half of the Northeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (300 West 98th Street) and consider Ordinance No Trenton Snow presented this matter to the Council. He stated the land recently just came within the two mile jurisdiction of Kearney. Currently, there is a storage building on the property which is operating under a special use permit from the County. The property to the north, east and west of the property are already zoned commercial by the County. They are asking both the rezoning and making it a subdivision so that later there can be more development with storage facilities on the lot. At this time, access to the lot is an ingress/egress easement, City Staff recommended that they keep the easement as it currently exists and if at such time the City ever needed to make it a street there is a subdivision agreement that has been signed that there will be no protests to make that a street. There were also some conditions in the subdivision agreement where they are waiving the façade on the existing building. It is a 2½ acre lot; there will be no City utilities to the property. There was no one present in opposition to this hearing.

64 April 13, 2015 Page 4 Moved by Lear to close the public hearing on the Application submitted by Trenton Snow for Sweetwater Properties, LLC to rezone from District AG, Agricultural District to District C-3, General Commercial District property described as a tract of land being part of the North Half of the Northeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., 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 Buschkoetter 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, Lammers, Buschkoetter, Lear, Nikkila. 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, Lammers, Buschkoetter, Lear, Nikkila. Nay: None. Motion carried. Ordinance was read by number. Moved by Buschkoetter seconded by Clouse that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Nikkila, Lammers. 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. FINAL PLAT FOR AYRES PROPERTIES II Public Hearings 2 and 3 were discussed together but voted on separately. Mayor Clouse opened the public hearing on the Application submitted by Trenton Snow for Sweetwater Properties, LLC for the Final Plat and Subdivision Agreement for Ayres Properties II of Buffalo County, Nebraska, for property described as a tract of land being part of the North Half of the Northeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (300 West 98th Street) and consider Resolution No There was no one present in opposition to this hearing. Moved by Clouse seconded by Lammers to close the hearing and adopt Resolution No approving the Application submitted by Trenton Snow for Sweetwater Properties, LLC for the Final Plat and Subdivision Agreement for Ayres Properties II of Buffalo County, Nebraska, for property described as a tract of land being part of the North Half of the Northeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (300 West 98th Street). Roll call resulted as follows: Aye: Clouse, Lear, Nikkila, Lammers, Buschkoetter. Nay: None. Motion carried.

65 April 13, 2015 Page 5 RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of Ayres Properties II, a subdivision of Buffalo County, Nebraska for a tract of land being part of the North Half of the Northeast Quarter of Section 11, Township 9, Range 16 West of the 6 th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the Northwest Corner of the Northeast Quarter of said Section 11 and assuming the west line of said Northeast Quarter as bearing S W and all bearings contained herein are relative thereto; thence S W on the aforesaid west line a distance of feet; thence N E parallel with the north line of said Northeast Quarter a distance of feet to the ACTUAL PLACE OF BEGINNING; thence continuing N E on the aforedescribed course a distance of feet; thence S W a distance of feet; thence S W parallel with the aforesaid north line a distance of feet; thence N E a distance of feet to the place of beginning; containing acres, more or less; SUBJECT TO HOWEVER AND TOGETHER WITH rights of ingress and egress over and across a strip of land being 60.0 feet in width and being located in the North Half of the Northeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, with said 60.0 foot strip of land being more particularly described as follows: Referring to the Northwest Corner of the Northeast Quarter of said Section 11; thence S W on the west line of said Northeast Quarter a distance of feet; thence N E parallel with the north line of said Northeast Quarter a distance of feet to the ACTUAL PLACE OF BEGINNING; thence continuing N E on the aforedescribed course a distance of feet to a point on the west right-of-way line of Nebraska State Highway No. 10; thence S W on the aforesaid west rightof-way line a distance of feet; thence S W parallel with the aforesaid north line a distance of feet to a point being feet easterly of, as measured at right angles to, the aforesaid west line, thence N E parallel with and feet easterly of the aforesaid west line a distance of 60.0 feet to the place of beginning, all in 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 Subdivision Agreement, marked as Exhibit A attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds. BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

66 April 13, 2015 Page 6 VACATE LOT 2 OF BLOCK 2, INGALLS CROSSING AND FINAL PLAT FOR INGALLS CROSSING NINTH ADDITION Public Hearings 4 and 5 were discussed together but voted on separately. Mayor Clouse opened the public hearing on the Applications submitted by Buffalo Surveying for Roberta Corrigan, Trustee, Roberta Corrigan Farm and GSGC Leasing, LLC: (1) to vacate Lot 2, Block 2, Ingalls Crossing, an addition to the City of Kearney, Buffalo County, Nebraska and consider Ordinance No. 7979; and (2) the Final Plat for Ingalls Crossing Ninth Kearney, Buffalo County, Nebraska, for property described as a tract of land being Lot 2 (to be vacated) of Block Two, Ingalls Crossing, an addition to the City of and a part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (5609 1st Avenue) and consider Resolution No Mitch Humphrey presented this matter to the Council. He stated there is a piece of property that is outlined as Lot 2, Block 2 of Ingalls Crossing. There are three business offices located on the complex. What they are doing is taking some of the unplatted land to the north which is not very wide and adding it to the property that they already have. They would like to vacate Lot 2 and take the unplatted land to the north which is already zoned add it to the land that GSGC will purchase and come up with a single one lot subdivision. This is a piece of property that is zoned C-2/PD but what they are doing is adding parking to the existing parking lot so that the owner has a little more parking for tenants or users of the two-story building. Council Member Lammers asked if Mr. Humphrey could talk about the width of the strip that is being added to the north. Mr. Humphrey stated basically it is 50 feet wide along 1 st Avenue and runs parallel to the existing lot and the existing lot curves around so they are going to add approximately 20 feet to it. 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 Roberta Corrigan, Trustee, Roberta Corrigan Farm and GSGC Leasing, LLC for (1) the vacation of Lot 2, Block 2, Ingalls Crossing, an addition to the City of and (2) the Final Plat for Ingalls Crossing Ninth and introduced Ordinance No vacating Lot 2, Block 2, Ingalls Crossing, an addition to the City of 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, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said

67 April 13, 2015 Page 7 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 Nikkila seconded by Lear 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. Moved by Lear seconded by Buschkoetter to adopt Resolution No approving the Final Plat for Ingalls Crossing Ninth Kearney, Buffalo County, Nebraska. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Nikkila, Lammers. Nay: None. Motion carried. RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of Ingalls Crossing Ninth Addition, an addition to the City of for a tract of land being Lot 2, Block 2, Ingalls Crossing, an addition to the City of to be vacated, and a part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the Southwest Corner of the Southwest Quarter of Section 24 and assuming the West line of the Southwest Quarter of Section 24 as bearing N00 14'59 E and all bearings contained herein are relative thereto; thence on the West line of the Southwest Quarter of Section 24, N00 14'59 E a distance of feet; thence leaving the West line of said Southwest Quarter of Section 24, S89 45'01 E a distance of feet to a point on the East right-of-way line of Nebr. State Highway No. 10, said point also being on the North right-of-way line of 56th Street, a street in the City of ; thence on the North right-of-way line of said 56th Street, N89 52'55 E a distance of feet; thence continuing on the North right-of-way line of said 56th Street, S85 18'32 E a distance of feet; thence N89 49'05 E a distance feet to the Southeast Corner of Lot 1, Block 2, Ingalls Crossing, an addition to the City of Kearney, Buffalo County, Nebraska; thence leaving the North right-of-way line of said 56th Street and on the East line of said Lot 1, Block 2, Ingalls Crossing, N00 14'59 E a distance of feet to the ACTUAL PLACE OF BEGINNING, said point being the Northeast Corner said Lot 1, Block 2, Ingalls Crossing; thence continuing N00 14'59 E a distance of feet; thence N89 45'01 W a distance of feet; thence S60 37'06 W a distance of feet to a point on the Easterly line of 1st Avenue, a street in the City of ; thence on the Easterly line of said 1st Avenue; S30 08'13 E a distance of feet to a point of curvature; thence continuing on the Easterly line of said 1st Avenue and on a foot radius curve to the right forming a central angle of 12 30'19 an arc distance of feet to the Northwest Corner of said

68 April 13, 2015 Page 8 Lot 1, Block Two, Ingalls Crossing; thence leaving said curve and on the North line of Lot 1, Block Two of said Ingalls Crossing, N75 54'11 E a distance of feet to the place of beginning, containing 1.94 acres, more or less, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section of the Nebraska Revised Statutes, be accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City. BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR ANNEXATION OF INGALLS CROSSING NINTH Public Hearings 4 and 5 were discussed together but voted on separately. Mayor Clouse opened the public hearing on the Application submitted by Buffalo Surveying for Roberta Corrigan, Trustee, Roberta Corrigan Farm and GSGC Leasing, LLC for the annexation of Ingalls Crossing Ninth, for property described as a tract of land being Lot 2 (to be vacated) of Block Two, Ingalls Crossing, an addition to the City of Kearney, Buffalo County, Nebraska and a part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (5609 1st Avenue) and consider Resolution No There was no one present in opposition to this hearing. Moved by Buschkoetter seconded by Clouse to close the hearing and adopt Resolution No approving the Application submitted by Buffalo Surveying for Roberta Corrigan, Trustee, Roberta Corrigan Farm and GSGC Leasing, LLC for the annexation of Ingalls Crossing Ninth Kearney, Buffalo County, Nebraska, for property described as a tract of land being Lot 2 (to be vacated) of Block Two, Ingalls Crossing, an addition to the City of and a part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (5609 1st Avenue). Roll call resulted as follows: Aye: Clouse, Lear, Nikkila, Lammers, Buschkoetter. Nay: None. Motion carried. RESOLUTION NO WHEREAS, an Application has been submitted by Buffalo Surveying for Roberta Corrigan, Trustee, Roberta Corrigan Farm and GSGC Leasing, LLC for the inclusion of

69 April 13, 2015 Page 9 Ingalls Crossing Ninth Addition, an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being Lot 2, Block 2, Ingalls Crossing, an addition to the City of to be vacated, and a part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the Southwest Corner of the Southwest Quarter of Section 24 and assuming the West line of the Southwest Quarter of Section 24 as bearing N00 14'59 E and all bearings contained herein are relative thereto; thence on the West line of the Southwest Quarter of Section 24, N00 14'59 E a distance of feet; thence leaving the West line of said Southwest Quarter of Section 24, S89 45'01 E a distance of feet to a point on the East right-of-way line of Nebr. State Highway No. 10, said point also being on the North right-of-way line of 56th Street, a street in the City of ; thence on the North right-of-way line of said 56th Street, N89 52'55 E a distance of feet; thence continuing on the North right-of-way line of said 56th Street, S85 18'32 E a distance of feet; thence N89 49'05 E a distance feet to the Southeast Corner of Lot 1, Block 2, Ingalls Crossing, an addition to the City of ; thence leaving the North right-of-way line of said 56th Street and on the East line of said Lot 1, Block 2, Ingalls Crossing, N00 14'59 E a distance of feet to the ACTUAL PLACE OF BEGINNING, said point being the Northeast Corner said Lot 1, Block 2, Ingalls Crossing; thence continuing N00 14'59 E a distance of feet; thence N89 45'01 W a distance of feet; thence S60 37'06 W a distance of feet to a point on the Easterly line of 1st Avenue, a street in the City of Kearney, Buffalo County, Nebraska; thence on the Easterly line of said 1st Avenue; S30 08'13 E a distance of feet to a point of curvature; thence continuing on the Easterly line of said 1st Avenue and on a foot radius curve to the right forming a central angle of 12 30'19 an arc distance of feet to the Northwest Corner of said Lot 1, Block Two, Ingalls Crossing; thence leaving said curve and on the North line of Lot 1, Block Two of said Ingalls Crossing, N75 54'11 E a distance of feet to the place of beginning, containing 1.94 acres, more or less, Buffalo County, Nebraska; and WHEREAS, the Kearney City Planning Commission has received and held a public hearing on March 20, 2015 on the inclusion of Ingalls Crossing Ninth Addition within the corporate limits and recommended the Kearney City Council approve said application; and WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as Ingalls Crossing Ninth Kearney, Buffalo County, Nebraska; and WHEREAS, a public hearing was held by the Kearney City Council relating to said application on April 13, 2015 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as Ingalls Crossing Ninth Addition shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney. BE IT FURTHER RESOLVED that the inclusion of Ingalls Crossing Ninth Addition within the corporate limits of the City of Kearney is subject to the final plat being filed

70 April 13, 2015 Page 10 with the Buffalo County Register of Deeds. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR BOARD OF EQUALIZATION Mayor Clouse stated the Board of Equalization will not be considering Paving Improvement District No , Water District No and Sanitary Sewer District No It was determined that proper notification was not given. Therefore, these three districts will be postponed until April 28, Moved by Clouse seconded by Lammers to postpone until April 28, 2015 Paving Improvement District No , Water District No and Sanitary Sewer District No Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion carried. Mayor Clouse opened the public hearing for the Council to meet as a Board of Equalization to assess costs in connection with Paving Improvement District Nos , , , ; Water District No ; Sanitary Sewer District No and consider Resolution No These districts were created on November 13, They are public improvements for Emerald Drive, Ontario Road, Winnipeg Road and Tahoe Drive, all within the Lake Villa Estates subdivision. After completion of the construction projects, the City hired a title company to complete property abstracts so that assessments could be levied. These districts have been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. Property owners will then be required to pay the first installment within 50 days (June 2) or they can pay the assessment over a 5-year period for water and sanitary sewer and 10 years for paving. 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. There was no one present in opposition to this hearing. Moved by Lammers seconded by Nikkila to close the hearing for the Council to meet as a Board of Equalization and adopt Resolution No assessing costs in connection with Paving Improvement District Nos , , , ; Water District No ; Sanitary Sewer District No Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Nikkila, Lammers. Nay: None. Motion carried.

71 April 13, 2015 Page 11 RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA: Section 1. The President and Council find and determine that the streets in Paving Improvement District Nos , , , and have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit A and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council. Section 2. The President and Council find and determine that the water main heretofore ordered installed in Water District No has been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked Exhibit A and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedule does not exceed the amounts which each of said lots and parcels of ground were specially benefited by said water main and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council. Section 3. The President and Council find and determine that the sanitary sewer main heretofore ordered installed in Sanitary Sewer District No has been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked Exhibit A and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedule does not exceed the amounts which each of said lots and parcels of ground were specially benefited by said sanitary sewer main and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council. Section 4. Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein. Section 5. That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit A the amount set opposite each lot and parcel of ground. Said assessments for Paving Improvement District Nos , , , and shall become delinquent as follows: 1/10th fifty days after date of this Resolution 1/10th one year after date of this Resolution 1/10th two years after date of this Resolution 1/10th three years after date of this Resolution 1/10th four years after date of this Resolution 1/10th five years after date of this Resolution 1/10th six years after date of this Resolution 1/10th seven years after date of this Resolution 1/10th eight years after date of this Resolution

72 April 13, 2015 Page 12 1/10th nine years after date of this Resolution Each installment, except the first, shall draw interest at the rate of 5.0 per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of 14.0 per centum per annum until paid. Section 6. That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit A the amount set opposite each lot and parcel of ground. Said assessments for Water District No shall become delinquent as follows: 1/5th fifty days after date of this Resolution 1/5th one year after date of this Resolution 1/5th two years after date of this Resolution 1/5th three years after date of this Resolution 1/5th four years after date of this Resolution Each installment, except the first, shall draw interest at the rate of 5.0 per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of 14.0 per centum per annum until paid. Section 7. That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit A the amount set opposite each lot and parcel of ground. Said assessments for Sanitary Sewer District No shall become delinquent as follows: 1/5th fifty days after date of this Resolution 1/5th one year after date of this Resolution 1/5th two years after date of this Resolution 1/5th three years after date of this Resolution 1/5th four years after date of this Resolution Each installment, except the first, shall draw interest at the rate of 5.0 per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR IV. CONSENT AGENDA Mayor Clouse stated the Consent Agenda was amended on Friday, April 10, 2015 by adding Subsections 17, 18 and 19. Moved by Nikkila seconded by Lear that Subsections 1 through 19 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay: None. Motion carried. 1. Approve Minutes of Regular Meeting held March 24, Approve the following Claims: PS SMCS ER Personnel Services Supplies, Materials & Contractual Services Equipment Rental

73 April 13, 2015 Page 13 CO DS Capital Outlay Debt Service Alamar Uniforms $1, smcs,ps; Alberts,K $ smcs; Ally B Designs $30.00 smcs; Amazon $2, smcs; Amer First Aid $ smcs; Anderson Bros $1, smcs; Anderson,K $46.12 smcs; Arctic Refrigeration $ smcs; Armstrong,H $16.18 smcs; Ask Supply $ smcs; Aurora Coop $25.68 smcs; Baker & Taylor $4, smcs; Beacon Ballfields $2, smcs; Bellevue Public Library $25.00 smcs; Bells Curb Grinding $ co; Bike Shed $3, smcs; Blackstone Audio Books $ smcs; Bluecross Blueshield $297, smcs; Boersma,K $34.40 smcs; Bosselman $2, smcs; Botello,U $18.11 smcs; Broadfoot's $1, smcs; Bruha,S $ smcs; Buffalo Co Attorney $18, smcs; Buffalo Co Reg of Deeds $ smcs; Buffalo Co Sheriff $154, smcs; Buffalo Outdoor Power $ smcs; Builders $1, smcs,co; Capital Business Systems $ smcs; Cash Wa $1, smcs; Central NE Bobcat $ smcs; Charter $ smcs; Checkley,K $50.00 smcs; ChemSearch $ smcs; Chief Supply $ smcs; Christensen,R $10.61 smcs; Circle D Boot & Saddle $85.00 smcs; City of Ky $365, smcs,co,ps; City of Norfolk $ smcs; Clark Enersen $4, co; Cleveland,E $ smcs; Colorado Golf & Turf $2, co; Community Health $10.00 ps; Complete Music $ smcs; Copycat Printing $1, smcs; Crime Reports $1, smcs; Crouch Recreational $ co; Culligan $18.50 smcs; Cummins Central Power $ smcs; D&M Security $64.50 smcs; Dahl,B $66.71 smcs; Danko Emergency $5, smcs,co; Davis,D $4.17 smcs; Dawson PPD $2, smcs; Degy Booking Int'l $1, smcs; Depository Trust $349, ds; Dish $ smcs; Dmilaco $1, smcs; Dutton-Lainson $ smcs; Eakes $3, smcs,co; Ed Broadfoot & Sons $ smcs; Elliott Equipment $21, co; Ellmers,R $ smcs; EMC Ins $23, smcs; Emerson Network Power $5, smcs; Emerson,H $26.68 smcs; Farmers Union Coop $ smcs; Faz,A $1, smcs; Fearnley,M $55.63 smcs; Fireguard $14, co; Flaherty,T $ smcs; Flohr,J $70.00 smcs; Gale $5, smcs; Ganz Title $ smcs; Grey House Publishing $ smcs; H&H Distributing $ smcs; Hawthorne Jewelry $6, smcs; HD Supply $14, smcs; Heartland Electric Co $ smcs; Heggemeyer,L $13.37 smcs; Hill,M $ smcs; Hobbs,B $ smcs; Hometown Leasing $ smcs; Hummel,K $66.00 smcs; Hy-Vee $50.00 smcs; ICMA $4, ps; IRS $139, ps; Jack Lederman $31.24 smcs; James,D $ smcs; Johnson Service $27, smcs; Josjor,J $19.61 smcs; K&K Parts $ smcs; Kart-Man $ smcs; Kealy,M $14.86 smcs; Ky Area United Way $ ps; Ky Crete & Block $ smcs; Ky Hub $2, smcs; Ky Humane Soc $14, smcs; Ky Visitors Bureau $37, smcs; KVFD $ ps; Kearney,C $23.12 smcs; Koetters,J $30.00 smcs; Konica Minolta $ smcs; Krueger,A $20.38 smcs; Krull Ins $2, smcs; LCL Truck Equipment $6, co; League of NE Municipalities $1, smcs; Lerner Publications $12.74 smcs; LIPS Printing Service $ smcs; Mac Tools $13.25 smcs; Magic Cleaning $5, smcs; Mail Express $7, smcs; Maintenance Engineering $ smcs; McCarty,D $ smcs; Menards $34.99 smcs; Merryman Performing Arts $ smcs; MetLife $8, ps; Michel,T $32.36 smcs; Midlands Contracting $850, co; Mid-NE Garage Doors $2, smcs; Midnight Cleaning $ smcs; Midwest Breathing $11, smcs; Miller & Associates $6, co; Miller Signs $ smcs; Miller,R $2, smcs; Milliman

74 April 13, 2015 Page 14 $1, smcs; Mindmixer.com $ smcs; Mirror Image $ smcs; MONA $ smcs; Moonlight Embroidery $ smcs; Municipal Emergency $ smcs; Municipal Supply $16, smcs; Navigator Motorcoaches $2, smcs; NE Child Support $2, ps; NE Dept of Rev $72, smcs,ps; NE Dept of Roads $41, co; NE Environmental Products $ smcs; NE Public Health $1, smcs; NE Rural Water Assn $ smcs; NE Sec of State $30.00 smcs; NE Soc of CPA's $ smcs; NEland Distributors $ smcs; New Directions $ smcs; NMC Exchange $5, smcs; Northwest Electric $1, smcs; Northwestern $11, smcs; Norton,N $11.08 smcs; Nova Health Equipment $ ps; Oak Park Development $9, co; O'Brien,C $94.00 smcs; Office Depot $91.09 smcs; One Call Concepts $ smcs; Overhead Door $5, smcs; Paramount $ smcs; Payflex $ smcs,ps; Penworthy $ smcs; Petersen,A $15.00 smcs; Pitney Bowes $ smcs; Platte Valley Comm $1, smcs; Platte Valley Labs $62.50 smcs; Presto-X $ smcs; Prime Communications $1, smcs; Prusia,B $28.14 smcs; Quill $ smcs; Random House $ smcs; Ready Mixed Concrete $2, smcs; Recorded Books $1, smcs; Resource Management $ smcs; RockIT $ smcs; Rodehorst,R $74.98 smcs; Roesler,A $ smcs; S&S Worldwide $1, smcs; S&B Heating $ smcs; Saltzgaber,S $13.37 smcs; Sapp Bros $33, smcs; School District #7 $1, smcs; Schrock Buggy Works $1, smcs; See Clear Cleaning $2, smcs; Self,A $16.94 smcs; Sheldon,S $44.58 smcs; Sig Ep Fraternity $50.00 smcs; Sign Center $ smcs; Snap-On Tools $ smcs; Sorensen Group $19, co; Starostka Group $22, co; St of NE/AS Central $6, smcs; Steinbrinks $ smcs; Sun Life Financial $61, smcs; Sutphen $ smcs; Thompson Co $ smcs; Tielke's Sandwiches $86.48 smcs; Titan Machinery $ smcs; Titleist $4, smcs; Tye Law Firm $11, smcs; Underground Construction $1, smcs; Union Bank $67, ps; UNK $3, smcs; Van Diest Co $10, smcs; Verizon $1, smcs; Vermeer Equipment $ smcs; Vermont Systems $18, co; Village Cleaners $ smcs; Walter's Electric $ smcs; Watchguard Video $ smcs; Weller,B $ smcs; Payroll Ending $ 378, 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. 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, wine and distilled spirits in the Airport Hangar at the Kearney Regional Airport located at 4845 Airport Road on April 28, 2015 from 3:00 p.m. until 10:00 p.m. for a reception. 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 in The Archway located at 3060 East 1st Street on April 30, 2015 from 4:00 p.m. until 11:30 p.m. for a reception. 5. Approve the application for a Special Designated License submitted by Chug-A- Lug Sports Bar Inc., dba Chug A Lug Sports Bar in connection with their Class C liquor license to dispense beer and distilled spirits in a 32 x54 fenced area located south of their licensed beer garden located at 1115 East 25th Street on May 8,

75 April 13, 2015 Page from 8:00 a.m. until 12:00 a.m. (alternate date is May 9, 2015) for a fish fry. 6. Adopt Resolution No approving the revised Kearney Public Library Policy Manual as recommended by the Library Advisory Board. RESOLUTION NO WHEREAS, the Policy Manual for the Kearney Public Library and Information Center of the Kearney Public Library and Information Center was adopted on September 12, 2006 by Resolution No ; and WHEREAS, in 2008 the Library Advisory Board determined it was necessary to revamp the entire policy and brought forward a new policy which was adopted by the City Council by Resolution No on April 8, 2008; and WHEREAS, on April 10, 2012 the Council approved the revised policy by Resolution No ; and WHEREAS, the Library Advisory Board has made some changes and is recommending the City Council approve the changes and adopt the revised policy. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the recommendation from the Library Advisory Board, on adopting a revised Kearney Public Library Policy Manual, a copy marked as Exhibit A, attached hereto and made a part hereof, be and is hereby adopted. BE IT FURTHER RESOLVED that the revised policy adopted in 2012 by Resolution No be and is hereby repealed in its entirety. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 7. Approve the Agreement submitted by the Central Nebraska Auto Club to temporarily block off Central Avenue from 25th Street to North Railroad Street, 24th Street from 1st Avenue to Avenue A, 23rd Street from 1st Avenue to Avenue A, 21st Street from 1st Avenue to Avenue A, the parking lot located west of Cunningham s Journal, the parking lot located behind City Hall, and the parking lot located north of MONA in conjunction with Cruise Nite 2015 on July 18, Parking on these public properties will be prohibited on July 18, 2015 beginning at 2:00 a.m. 8. Adopt Resolution No approving the Cruise Nite parade scheduled for July 18, 2015 at 4:30 p.m. beginning at Railroad Street and Central Avenue, north on Central Avenue and dispersing at the intersection of 28th Street and Central Avenue. RESOLUTION NO WHEREAS, the City of Kearney has received and approved an application to conduct a parade on July 18, 2015 beginning at 4:30 p.m. and ending at 6:30 p.m.; and WHEREAS, the route for the parade will begin at Central Avenue and Railroad Street, go north on Central Avenue and dispersing at the intersection of 27th Street and Central Avenue; and

76 April 13, 2015 Page 16 WHEREAS, with the passage of LB 589, the City of Kearney accepts the duties of protecting the public from damage, injury, or death on July 18, 2015 beginning at 4:30 p.m. and ending at 6:30 p.m.; and WHEREAS, the City of Kearney will assume control of the state highway property, more specifically the intersection of Central Avenue and 25th Street (Highway 30) on July 18, 2015 from 4:30 p.m. until 6:30 p.m. and relinquish control of such state highway property to the state; and WHEREAS, the City is not closing Highway 30; law enforcement stops the parade and allows traffic on Highway 30 to proceed and does not allow long waits for the Highway 30 traffic; and WHEREAS, the City of Kearney accepts the duty to protect the State from damage to its property that may occur arising out of the said parade. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, to approve the parade scheduled for July 18, 2015 beginning at 4:30 p.m. and ending at 6:30 p.m. and that the City accepts the duties of protecting the public from damage, injury, or death associated with said parade. BE IT FURTHER RESOLVED that the City of Kearney will assume control of the state highway property, more specifically the intersection of Central Avenue and 25th Street (Highway 30), on July 18, 2015 from 4:30 p.m. until 6:30 p.m. and that after such time the City will relinquish control of such state highway property to the state. BE IT FURTHER RESOLVED that the City of Kearney accepts the duty to protect the State from damage to its property that may occur arising out of the said parade. BE IT FURTHER RESOLVED that the City of Kearney agrees to indemnify, defend, and hold harmless the State of Nebraska Department of Roads from all claims, demands, actions, damages, and liability, including reasonable attorney s fees that may arise as a result of the said parade. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 9. Accept the proposal received from Outdoor Recreation Products for the new splash pad equipment, surfacing and installation at Dryden Park in the amount of $87, Adopt Resolution No approving the Professional Service Consultant Agreement between the City of Kearney and Miller & Associates for the 2015 Part 1 Improvements consisting of survey, design and construction observation services for 19th Street from Avenue D to Avenue E and sidewalk ramps within the same 2-block area. RESOLUTION NO 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 execute the Professional Service Consultant Agreement; Community Revitalization for the 2015 Part 1 Improvements consisting of survey, design and construction observation services for 19th Street from Avenue D to Avenue E and sidewalk ramps within the same 2-block

77 April 13, 2015 Page 17 area between the City of Kearney and Miller & Associates. The said Agreement, marked as Exhibit A, is attached hereto and made a part hereof by reference. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 11. Approve the application for a Special Designated License submitted by Juan Lazo, dba El Tropico in connection with their Class IBK catering liquor license to dispense beer and distilled spirits in the Exhibit Building (alternate location is Exposition Building) located at the Buffalo County Fairgrounds, 3807 Avenue N, on May 16, 2015 from 6:00 p.m. until 1:00 a.m. for a dance. 12. Adopt Resolution No approving the Agreement between the City of Kearney and Nebraska Department of Roads replacing the wiring in the existing street light located along Highway N-44 (2nd Avenue) between the Platte River Bridge and the Kearney interchange. RESOLUTION NO WHEREAS, the existing street light wiring along Highway N-44 (2nd Avenue) between the Platte River Bridge and the Kearney I-80 Interchange is the old aluminum wiring and has deteriorated to the point that it needs replaced; and WHEREAS, the City is willing to replace the aluminum wiring in the existing street lighting circuit with copper wiring and invoice the State upon approval of the work. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Agreement between the City of Kearney and the Nebraska Department of Roads for the South 2nd Avenue, Kearney-Street Light Rewiring Project be and is hereby approved. A copy of said Agreement, marked as Exhibit A is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to execute the Agreement on behalf of the City of Kearney. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 13. Adopt Resolution No approving the Goods and Services Agreement between the City of Kearney and Hydro Optimization and Automation Solutions, Inc. for the Wastewater Treatment Division Wastewater Pumping Station Electrical and Controls Upgrade. RESOLUTION NO WHEREAS, the City of Kearney Wastewater Treatment Plant Division utilizes 15 sanitary sewer pumping or lift stations in the City; many of these pumping stations are

78 April 13, 2015 Page years old or older and built at different times and use different designs and equipment; and WHEREAS, the purpose of the upgrade is to eliminate old and deteriorated electrical equipment like electrical panels and disconnect boxes as well as standardizing the pumping station controls so that they are all the same WHEREAS, Hydro Optimization and Automation Solutions, Inc. was selected several years ago to upgrade the Supervisory Control and Data Acquisition (SCADA) system, the automated control system at the wastewater treatment plant, and for the sanitary sewer pumping stations; and WHEREAS, Hydro Optimization and Automation Solutions, Inc. has knowledge of the City s system, the equipment, controls and software, it would in the City s best interest to select them as the sole source vendor for the equipment, installation and programming of the components for the sanitary sewer pumping station upgrade. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Goods and Services Agreement between the City of Kearney and Hydro Optimization and Automation Solutions, Inc. for the Wastewater Pumping Station Electrical and Controls Upgrade be and is hereby approved. A copy of said Agreement is attached hereby and made a part hereof by reference. BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to execute the Agreement on behalf of the City of Kearney. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 14. Approve the Plans and Specifications for the 2015 Part 3 Improvements; CDBG Sidewalks/Ramps (14-CR-004) and set the bid opening date for May 5, 2015 at 2:00 p.m. 15. Approve the Plans and Specifications for the construction of the Household Hazardous Waste Facility and set the bid opening date for May 19, 2015 at 2:00 p.m. 16. Adopt Resolution No approving T-Hangar B-2 Lease Agreement at the Kearney Regional Airport between the City of Kearney and Paul Van Vuuren. 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 B-2 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Paul Van Vuuren. The Agreement, marked as Exhibit 1, is attached hereto and made a part hereof by reference. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

79 April 13, 2015 Page 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 in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N on May 2, 2015 from 3:00 p.m. until 12:00 a.m. for a car show. 18. 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 in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N on May 9, 2015 from 12:00 p.m. until 12:00 a.m. for a graduation party. 19. 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 in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N on May 9, 2015 from 12:00 p.m. until 12:00 a.m. for a graduation party. V. CONSENT AGENDA ORDINANCES ORDINANCE NO VACATING ALLEY FROM 19TH STREET TO 20TH STREET BETWEEN AVENUE F AND AVENUE G The applicant is requesting to vacate the 20-foot north/south alley in order to relocate his business. The alley can be vacated as long as a utility easement is retained over it for a sanitary sewer main and a water service line. All adjacent properties are zoned M- 1, although current use is residential. The vacation of the alley allows for easier redevelopment of adjacent lots for industrial use. Reconfiguration of lots and alleys to allow for appropriate use and relocation of non-compatible uses, encouraging industrial and heavy commercial uses in this location, was recommended for this area in the Redevelopment Plan adopted in 1997 when the area was declared blighted. Council Member Lear introduced Ordinance No vacating the alley running north to south from 19th Street to 20th Street on the block between Avenue F and Avenue G said alley abutting the east side of Lot 5 and the west side of Lot 6, Scott s Subdivision and abutting the east side of Lots 598 and 599 and the west side of Lots 596 and 597, Original Town of Kearney Junction, now the City of, 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 Buschkoetter 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, 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:

80 April 13, 2015 Page 20 None. Motion carried. Ordinance was read by number. Moved by Buschkoetter seconded by Clouse that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Nikkila, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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 RENAMING 1ST STREET TO 3RD STREET With the recent development of the Younes Center Third Addition it was discovered that the previously named street between 3rd Avenue and 4th Avenue known as 1st Street should actually have been named 3rd Street to comply with the City s 911 response and addressing system. This 1-block street has never been improved and no addresses have ever been assigned to the property abutting the right-of-way. The current 1st Street located east of Central Avenue would be 1,400 feet south of the previously named 1st Street if it was extended west of 2nd Avenue. Leaving this 1-block street as 1st Street would make it difficult to name future streets between Interstate 80 and Talmadge Street in the future. Council Member Lear introduced Ordinance No renaming and redesignating 1st Street from the west line of 3rd Avenue to the east line of 4th Avenue to 3rd Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Buschkoetter 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, 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 Buschkoetter seconded by Clouse that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Nikkila, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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.

81 April 13, 2015 Page 21 ORDINANCE NO CREATING PAVING DISTRICT NO With regard to Items 3, 4, 5, 6, 7, Paul Younes is expanding the hospitality campus in south west Kearney, Redevelopment Area #8. The project encompasses three lots on 5.31 acres, and three distinct projects: a structure for multiple restaurants, an extendedstay hotel, and four four-plex residential units. As previous projects have been considered, the developer agreed with the City and CRA that a portion of TIF on any future approved projects should be designated for improvements of a road for traffic circulation to the west up to 25% of TIF revenues. The City is creating improvement districts for paving, water and sewer improvements for 3rd Street and 4th Avenue. Council Member Lear introduced Ordinance No creating Paving Improvement District No for 3rd Street from 3rd Avenue westerly to the west line of Lot 1, Block One, Younes Center Third Addition to the City of Kearney, Buffalo County, Nebraska, 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 Buschkoetter 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, 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 Buschkoetter seconded by Clouse that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Nikkila, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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 CREATING WATER DISTRICT NO Council Member Lear introduced Ordinance No creating Water District No for 3rd Street from 3rd Avenue westerly to the west line of Lot 1, Block One, Younes Center Third Addition to the City of, 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 Buschkoetter 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

82 April 13, 2015 Page 22 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 Buschkoetter seconded by Clouse that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Nikkila, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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 CREATING SANITARY SEWER DISTRICT NO Council Member Lear introduced Ordinance No creating Sanitary Sewer District No for 3rd Street from 3rd Avenue westerly to the west line of Lot 1, Block One, Younes Center Third Addition to the City of, 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 Buschkoetter 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, 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 Buschkoetter seconded by Clouse that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Nikkila, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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 CREATING PAVING DISTRICT NO Council Member Lear introduced Ordinance No creating Paving Improvement District No for 4th Avenue from Talmadge Street to the 3rd Street as platted in Younes Center Third Addition to the City of, and

83 April 13, 2015 Page 23 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 Buschkoetter 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, 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 Buschkoetter seconded by Clouse that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Nikkila, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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 CREATING WATER DISTRICT NO Council Member Lear introduced Ordinance No creating Water District No for 4th Avenue from Talmadge Street to the 3rd Street as platted in Younes Center Third Addition to the City of, 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 Buschkoetter 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, 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 Buschkoetter seconded by Clouse that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Nikkila, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No 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

84 April 13, 2015 Page 24 Kearney Police Department and the Kearney Public Library. VI. REGULAR AGENDA ORDINANCE NO ISSUING COMBINED UTILITIES REVENUES BONDS On January 14, 2014, the City Council awarded a $268, equipment bid to Trojan Industries for the Ultra Violet Disinfection Project. Additionally, on October 28, 2014, the City Council awarded a $1,535, building bid to Midlands Contracting, Inc. for the Ultra Violet Disinfection Project. Finally, on March 10, 2015 the City Council awarded a $308, water main bid to Midlands Contracting, Inc. for the Airport Water System Improvement Project. As indicated in the budget, the intended funding source for these improvements is from proceeds received from the issuance of Series 2015 Combined Utilities Revenue Bonds. The Series 2015 Combined Utilities Bonds will be dated May 19, 2015 and the final payment will be on December 15, The estimated interest rate for the Bonds will be 0.75% on the 1-year bonds to 3.75% on the 20-year bonds and the total principal amount of the Bonds is $2,590, Bruce Lefler from Ameritas stated the ordinance before City Council tonight is for the issuance of $2,585,000 of Combined Utilities Revenues Bonds. They were able to gather a better interest rate in 2016 will go.65 percent out to 3.45 percent in Provides for an overall cost of borrowing of 3.08 percent for the 20-year term. Council Member Clouse introduced Ordinance No authorizing the issuance of Combined Utilities Revenues Bonds, Series 2015, of the City of Kearney, Nebraska in the aggregate principal amount of $2,585,000 for the purpose of paying the cost of maintaining, extending, enlarging and improving the waterworks plant and water system and the sewage disposal plant and sanitary sewer system of the city; directing the application of the proceeds of said bonds; prescribing the form, terms and details of said bonds; pledging and hypothecating the revenue and earnings of the waterworks plant and water system, sewage disposal plant and sanitary sewer system and electric distribution system of said City for the payment of said bonds and interest thereon; providing for the collection, segregation and application of the revenues of said waterworks plant and water system, sewage disposal plant and sanitary sewer system and electric distribution system; entering into a contract on behalf of the City with the holders of said bonds, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Lammers seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay: None. Motion to suspend the rules having been concurred in by threefourths 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, Lammers, Buschkoetter,

85 April 13, 2015 Page 25 Lear, Nikkila. 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, Buschkoetter, Lear, Nikkila, Lammers. 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 CONVEYING LAND TO THE STATE FOR THE VETERANS HOME City Attorney Michael Tye presented this matter. He stated City staff has been working with the State of Nebraska to coordinate the transfer of the real estate which has been designated as the location for the new Central Nebraska Veteran's Home. The Department of Administrative Services/State Building Division has requested that the City of Kearney deed the Veterans Home site to the State as part of the continuing process to construct the new Veteran's Home in Kearney. The Veteran's home site consists of approximately acres will be used by the State as the location for the new Veteran's Home. Council Member Lear introduced Ordinance No conveying a tract of land located in part of the South Half of the Southwest Quarter and part of the Southwest Quarter of the Southeast Quarter of Section 21, and part of the North Half of the Northwest Quarter and part of the Northwest Quarter of the Northeast Quarter of Section 28, all in Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska to the State of Nebraska, 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 Buschkoetter 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, 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 Buschkoetter seconded by Clouse 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

86 April 13, 2015 Page 26 pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library. UPDATE ON ENPLANEMENTS WITH GREAT LAKES AIRLINES Mayor Clouse opened for discussion the enplanements with Great Lakes Airlines. City Manager Michael Morgan presented this matter to the Council. As they discussed a few months ago they were going to update the Council the enplanement numbers for the months as reported from Great Lake Airlines. They are pleased with the numbers they had a significant amount of seats available the next go will be to fill the seats. Council member Lear is working with the marketing committee, as well as Council member Nikkila and others as they move forward and developing some marketing efforts to assist Great Lakes. If you look at 90 percent completion rate for schedules, service essentially as proposed, they are meeting the intent as described in the agreement with the Federal Government. It is the City s understanding that that agreement has been agreed to in principal and they should be getting the final order from Department of Transportation any day. GROUND LEASE FOR SOLAR ENERGY SYSTEM Mayor Clouse had a conflict of interest and abstained from discussion and voting on this matter. Vice-President Buschkoetter opened for discussion the Option Agreement for Ground Lease for Solar Energy System and the Ground Lease for Solar Energy System between the City of Kearney and Infigen Energy US Development LLC for 53 acres located to the south of the Tech Park with a proposal to build a solar energy production facility and consider Resolution No City Attorney Michael Tye presented this matter to the Council. The City has been approached by a company that is exploring the possibility of developing a solar power generation facility which would be located at the 53 acres that is south of the main Tech Park property. Representatives from the company were also present at the meeting. They have an option agreement which would last up to three years where the company would do their due diligence and determine whether or not they have a viable site for a solar energy production facility. Also connected with that is a lease that if they were to exercise their option would last for 25 years, would involve $300 per acre for rent plus payment of any real or personal property taxes that are associated with the property and the project. The rent would increase during the term of the lease by 1.5 percent annually and they estimate the project is approximately a $20 million project. Andrew Rudersdorf from Infigen stated they are looking at this as a win win for the City of Kearney. Their goal is to build a facility but at the same time help the City attract commercial and industrial customers to the site. What they have seen is a lot of large industrial customers who like to procure renewable energy and they saw this as a

87 April 13, 2015 Page 27 perfect fit and they are very interested in the piece of land. Council Member Buschkoetter asked the proposal that they have in front of them says it is contingent on whether or not this works for the company and that is what the first three years are about. What are some of the factors that they are looking at. Mr. Rudersdorf stated the most important one is working with NPPD among other utilities to try to come to terms on a price. Typical things they look at fish and wildlife service, Nebraska Game and Parks Commission and working with them that there is no impact to wildlife in the area. High level building permits are also involved; zoning however he understands that the zoning is currently set for solar. They expect this to be a quick process. Their goal is to have the project on-line by the end of next year. The reason they like to have the three years, things come up and they want to make sure that they have adequate time to complete the project. They have had a lot of high level discussions with the entities but until they have a piece of land it is difficult to be taken seriously. Once this is approved they can take it and put it in their back pocket and really start to go shop this and make it a reality for the community. Council Member Nikkila asked how many different places around the country do they have similar solar facilities. Mr. Rudersdorf stated they have a lot of development pipelines so they have about a gigawatt of developments from California to New Mexico to North Carolina to South Carolina. They were recently successful in California where they sold some projects to Duke Energy who is now owning and operating them so they have done work in California and looking to make this their first project in Nebraska and hopefully many more. Moved by Lammers seconded by Nikkila to adopt Resolution No approving the Option Agreement for Ground Lease for Solar Energy System and the Ground Lease for Solar Energy System between the City of Kearney and Infigen Energy US Development LLC for 53 acres located to the south of the Tech Park with a proposal to build a solar energy production facility. Roll call resulted as follows: Aye: Buschkoetter, Lear, Nikkila, Lammers. Nay: None. Clouse abstained. Motion carried. RESOLUTION NO WHEREAS, the City of Kearney has been approached by Infigen Energy US Development LLC (Infigen) who builds solar energy production facilities throughout the United States with a proposal to build such a facility on City property; and WHEREAS, the site that they have chosen consists of approximately 53 acres located to the south of the Tech Park; and WHEREAS, it has been found and determined to be in the best interests of the City to enter into an Option Agreement for Ground Lease for Solar Energy System and the Ground Lease for Solar Energy System between the City of Kearney and Infigen Energy US Development LLC for 53 acres located to the south of the Tech Park with a proposal to build a solar energy production facility. NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, to approve the Option Agreement for Ground Lease for Solar Energy System and the Ground Lease for Solar Energy System between the City of Kearney and Infigen Energy US Development LLC for 53 acres located to the south

88 April 13, 2015 Page 28 of the Tech Park with a proposal to build a solar energy production facility. A copy of said Option Agreement and Ground Lease, marked as Exhibit A, is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the Vice-President be and is hereby authorized and directed to execute the Option Agreement for Ground Lease for Solar Energy System and the Ground Lease for Solar Energy System between the City of Kearney and Infigen Energy US Development LLC. PASSED AND APPROVED THIS 13TH DAY OF APRIL, ATTEST: MICHAELLE E. TREMBLY CITY CLERK RANDY BUSCHKOETTER VICE-PRESIDENT OF THE COUNCIL OPEN ACCOUNT CLAIM Moved by Clouse seconded by Lammers that the Open Account Claim in the amount of $ payable to Jonathan Nikkila be allowed. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Buschkoetter. Nay: None. Nikkila abstained. Motion carried. VII. REPORTS None. VIII. ADJOURN Moved by Lammers seconded by Nikkila that Council adjourn at 6:00 p.m. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Nikkila, Lammers. Nay: None. Motion carried. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

89 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE April 28, 2015 Page 1 Vendor Amount Purpose Vendor Amount Purpose 1000bulbs.com $87.67 smcs Buffalo Outdoor Power $ smcs 5.11 Tactical $ ps Buggy Bath $10.00 smcs Ace Eaton Metals $ co Builders $3, smcs,co Ace Hardware $87.17 smcs Buse, Dean $68.73 smcs Affordable Faucets $ smcs Buzz's Marine $9.99 smcs Albrecht, Helen $1, smcs Capstone Press $5, smcs Alfred Benesch $ co Carquest $2, smcs All Makes Auto $3, smcs Casey's $ smcs Alley Rose $87.59 smcs Cash Wa $ smcs Ally B Design $ smcs CBA Lighting $ smcs Alzheimer's Assoc. $ smcs CDW Government $ co Amazon $4, smcs, co Cenex Farmers $72.50 smcs Ambassador BP $42.75 smcs Center Point Publishing $72.71 smcs American $ smcs Central District Health $2, smcs American Cemetery $85.00 smcs Central Fire $ smcs American Fence $24, smcs,co Central Hydraulics $ smcs American First Aid $ smcs Central NE Bobcat $ smcs American Planning Assoc. $ smcs Central States Wire $3, smcs Americinn $94.41 smcs Charter $ smcs Andersen Wrecking $15.00 smcs Cheddar's $30.40 smcs Anderson Brothers $ smcs Chemsearch $ smcs Anderson, Brad $48.55 smcs Childs, Lisa $17.94 smcs APA-Jobs Online $ smcs Chocolaterie $ smcs Apple Market $11.67 smcs Cintas $ smcs Arvato Windows $99.99 co City of Kearney $10, smcs,ps Ask Supply $1, smcs Clark Enersen $23, co Asure Software $ smcs Clinch Enterprises $ smcs Aurora Coop $ smcs Community Action Partner $ smcs Baker & Taylor $4, smcs Compass Tools $ smcs Ball State University $44.69 smcs Computer Quatred $95.40 smcs Bashore, William $17.83 smcs Conseco Life $19.00 ps Batteryprice $63.31 smcs Construction Rental $1, smcs Beansmith Coffee $ smcs Cooperative Produces $ smcs Beckenhauer, Tim $1, smcs Copycat Printing $ smcs Becker, Gerald $68.75 smcs Cracker Barrel $ smcs Bells Construction $ co Crossroads Ford $ smcs Big Rack Shack $1, smcs CSO Research $ smcs BlueCross BlueShield $289, smcs Culligan $ smcs Boardtronics $ smcs Cummins Central Power $77.53 smcs Boehler, Cindy $ smcs Cunninham, Stephanie $ smcs Bosselman Energy $4, smcs Cutter & Buck $49.38 smcs Boys Town $ smcs Davis Equipment $1, smcs Brass, Don $ smcs Dawson Public Power $18, smcs Broadfoot's $ smcs Daylight Donuts $16.00 smcs Brownells $ smcs Delight Donuts $30.00 smcs Bruha, Scott $ smcs Dell $ co Buck, Sharon $ smcs Demco $ smcs

90 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE April 28, 2015 Page 2 Denison, Mahlon $ smcs Hesselgesser Electric $41.44 smcs Diamond Tours $ smcs Hill, Michele $ smcs Dish $79.00 smcs Hireright $24.75 smcs Diversified $ smcs Hobby-Lobby $ smcs Dmilaco Sports $ ps Holiday Inns $ smcs Dogpoopbags.com $ smcs Holland Bulb Farms $ smcs Dollar-General $14.45 smcs Hollman Media $1, smcs Dowhy Towing $ smcs Holmes Plumbing $ smcs Dutton-Lainson $18.45 smcs Hometown Leasing $ smcs DW Inspections $ smcs Hy-Vee $4, smcs Eakes $ smcs ICMA Internet $ smcs Earl May $ smcs ICMA Retirement Trust $4, ps Easytogrowbulbs.com $35.52 smcs Int'l Code Council $ smcs Eileen's Cookies $20.25 smcs Internal Revenue Service $135, ps Elliott Equipment $ smcs J&B Powder $ smcs Engineered Controls $1, smcs Jack Lederman $79.00 smcs Enterprise $93.66 smcs James, Dave $80.00 smcs Etsy $40.96 smcs Jasmann, Betty $99.00 smcs Expedia $ smcs JEO Consulting $11, smcs Express Check Advance $15.98 smcs JJ Keller $ smcs Fairbanks $ smcs John Deer Landscapes $ smcs Fairfield Inn $1, smcs Johnstone Supply $ smcs Family Fresh Market $94.11 smcs Jons, Stacia $92.28 smcs Fast Mart $ smcs,co JR's Sanitation $6, smcs Fastenal $ smcs Jrs Western $69.98 smcs Faz, Anthony $5.31 smcs K&K Parts $15.63 smcs Fedex $65.41 smcs Kart-Man $ smcs Fireguard $ smcs KASCO $ smcs Firesen Chevrolet $ smcs Kearney Hub $ smcs FLS Banners $ smcs Kearney Noon Rotary $ smcs Flynn, Brian $1, smcs Kearney Quality Sew $16.99 smcs Fredrickson Construction $10, co Kearney Towing $ smcs Frontier $9, smcs Kearney Winnelson $ smcs Fun Express $ co Kelly Supply $1, smcs Gale Research $ smcs Koetters, Jason $1, smcs Ganson Engineering $ smcs Konica Minolta $1, smcs Ganz Title & Escrow $ smcs Ksprints.com $21.65 smcs Garrett Tires $8, smcs Laerdal Medical $ smcs Gempler $ smcs Lagenburg, Bart $67, smcs Golf Buddy $ smcs Landmark Implement $1, smcs Graham Tire $ smcs Lawson Products $ smcs Grainger $1, smcs Lifeguard Store $ smcs Gray, Catrina $70.50 smcs Lifeline Training $ smcs H & H Distributing $1, smcs Linkedin $ smcs Hampton Inn $ smcs Little Caesars $15.00 smcs Hardware Sales $ smcs Lockmobile $ smcs Harley-Davidson $ smcs Logan Contractors $ smcs,co HD Supply $1, smcs Longleaf Services $ smcs

91 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE April 28, 2015 Page 3 Luhn, Nate $21.66 smcs Paypal-Claimthis $ co Machinex Technologies $1, smcs Paypal-Ecycle It $84.96 co Mail Express $ smcs Paypal-Eric Z Rowe $ co Marlatt Machine Shop $1, smcs Paypal-PATC $70.00 smcs Marriott $1, smcs Paypal-Smartpartpc $1, co Matheson $ smcs Paypal-Stvkane066 $93.15 smcs Menards $3, smcs,co Peerless Machine $4, co Merryman $ smcs Pet Pick Ups $ smcs Meza, Jamie $18.36 smcs Pet Solutions $97.55 smcs Middleton Electric $ smcs Petmountain.com $74.98 smcs Midway Chevrolet $ smcs Petro Restaurant $89.23 smcs Midway Chrysler $ smcs Pickleball Cellar $31.00 smcs Midwest Laboratories $30.59 smcs Ping $ smcs Midwest Turf $ smcs Pioneer Revere $ smcs Miller & Associates $59, smcs, co Platte Valley Comm $ smcs Miracle Recreation $2, smcs Precision Printing $ smcs Moonlight Embroidery $ smcs Prestige Group $ smcs Mueller, Joanell $ smcs Provantage $ co Municipal Supply $ smcs Pukka $92.28 smcs Navigator Motorcoaches $ smcs Pulliam, Ric $40.00 smcs NE Child Support Pyt Ctr $2, ps QA Balance Services $ smcs NE Dept. Environmental $13, smcs Quill $ smcs NE Dept. Agriculture $90.00 smcs RDO Truck Center $1, smcs NE Dept. Labor $ ps Ready Mixed Concrete $1, co Ne Dept. Revenue $31, smcs Reams $2, smcs NE Library Assoc. $30.00 smcs Red Cross Store $35.00 smcs NE Machinery $98, smcs,co Redbox $1.61 smcs NE Planning & Zoning $ smcs Reinke's Refrigeration $2, smcs NE Salt & Grain $2, smcs Rheome Tree $ smcs Ne Truck Center $ smcs Rich, Tony $50.00 smcs Nebraska.gov $ smcs RNDC-Falcon $ smcs Nebraskaland Distributors $1, smcs Robinson, Ryan $8.35 smcs Nelson, Betty $ smcs Rockler Woodwork $29.98 smcs Network Solutions $85.97 smcs RT Corporation $ smcs New Admin Arsenal $ co Rusher, Derek $2, co Northwestern Energy $5, smcs Sahling Kenworth $86.03 smcs OCLC $ smcs Sapp Brothers $18, smcs Office Depot $ smcs Schoolsin.com $95.83 smcs Office Max $ smcs,co Sears Hometown $ smcs Officenet $45.78 smcs Select Sprayers $55.08 smcs O'Hara Lindsay $2, smcs Shell Oil $61.00 smcs Olsson Associates $8, co Sherwin Williams $65.14 smcs Omaha Fixture $ smcs Sign Center $ smcs On Site Studio $ smcs Sirchie Finger Print $ smcs O'Reilly Auto $ smcs Snap-On Tools $29.45 smcs Orscheln $ smcs SOS Portable $ smcs Paramount $ smcs Stamps.com $4.99 smcs Party America $33.94 smcs Stegeman Solutions $3, smcs

92 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE April 28, 2015 Page 4 Steinbrink's $ smcs Sterling Distributing $1, smcs Streakwave Wireless $ co Suburban Fire Protection $ ps Sunbelt Rentals $59.90 smcs Supplyworks $1, smcs Swalter Packaging $ smcs Tacha, Jim $50.00 smcs Target $ smcs Techsoup $ co Lerner Group $1, smcs Thompson Co. $ smcs Thomson Reuters $ smcs Titleist $1, smcs TM Sporting Goods $21.39 smcs Tom Dinsdale Chevrolet $ smcs Tour Edge $ smcs Tractor-Supply $ smcs Trade Well Pallet $2, smcs Trinity Supplies $ co Turfwerks $ smcs Twin City Hardware $ smcs Ultra Chem $ smcs Union Bank $64, ps UNL Marketplace $55.00 smcs UPS Store $39.02 smcs USA Communications $ smcs USPS $ smcs Van Wall Equipment $1, smcs Verizon Networkfleet $94.75 smcs Vermont Systems $12, co Waferseals.com $46.59 smcs Wald & Co $12, smcs Wal-Mart $ smcs Walters Electric $6, smcs Warrior Mindset.com $ smcs Weis Fire & Safety $ smcs Weller, Boyd $36.60 smcs Wells Fargo Bank $15, smcs Western Iowa Tech $ smcs Wick's Sterling $ smcs Wilke's True Value $ smcs Winter Equipment $ smcs Wood, Travis $31.00 smcs WPCI $ smcs

93 COUNCIL AGENDA MEMO ITEM NO. IV - #4, 5 FROM: Michaelle Trembly, City Clerk MEETING: April 28, 2015 SUBJECT: Dad s Tavern Special Designated Licenses for May and May 29-30, 2015 PRESENTER: No Presenter Consent Agenda Discussion: The City has received two applications for a Special Designated License submitted by Dad s Tavern to dispense beer, wine and distilled spirits as follows: outside in a 30 x 25 fenced area located north of their facility located at 1910 Central Avenue on May 15, 2015 from 10:00 p.m. until 1:00 a.m. and on May 16, 2015 from 9:00 a.m. until 1:00 a.m. for a beer garden; and outside in a 30 x 25 fenced area located north of their facility located at 1910 Central Avenue on May 29 and 30, 2015 from 10:00 p.m. until 1:00 a.m. for a beer garden. In reviewing the records at the Nebraska Liquor Control, Dad s Tavern has not had any violations. The Police Department has been notified of this event and did not have any concerns. 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 applications for two Special Designated Licenses as submitted by Dad s Tavern. We provide services, solutions, and opportunities for our community.

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100 COUNCIL AGENDA MEMO ITEM NOS. IV - #6, 7 FROM: Michaelle Trembly, City Clerk MEETING: April 28, 2015 SUBJECT: Cunningham s Journal Special Designated Licenses for May 16 and 17, 2015 PRESENTER: No Presenter Consent Agenda Discussion: The City has received two applications for a Special Designated License to cater alcoholic liquor at the Buffalo County Fairgrounds as follows: Inside the Ag Pavilion on May 16 for a graduation party Inside the Exhibit Building on May 17 for a graduation party These requests have been granted in the past. Cunningham s Journal owns a catering business and has substantial experience in managing these types of events. They have conducted similar events without incident or problems. The facilities are appropriate and have been used in a similar manner in the past. I have spoken with Police Chief Dan Lynch on these events and he did not foresee any problems. They have not had any liquor violations since 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 application, they will be forwarded to the Nebraska Liquor Control Commission for further processing. If the Council chooses to deny the application, that is the final decision and they are not forward to the Liquor Commission. Fiscal Note: There is no adverse fiscal impact on the City of Kearney. Recommended Action: Staff recommends approval of the applications as submitted by Cunningham s Journal. We provide services, solutions, and opportunities for our community.

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109 COUNCIL AGENDA MEMO ITEM NO. IV - #8 FROM: Suzanne Brodine, Assistant City Manager MEETING: April 28, 2015 SUBJECT: PRESENTER: CDBG DTR Planning Grant Administrator Approval No Presenter Consent Agenda Discussion: The City of Kearney is applying for a Community Development Block Grant for Downtown Revitalization Planning to continue improvements in Off Street Parking District #1. The City of Kearney is requesting $15,000 for Phase I Planning downtown revitalization activities. The City of Kearney received a DRT Planning grant in 2011 and created a downtown plan at that time. The 2015 DRT Planning grant would evaluate and update that plan. Upon completion of planning in Phase I, the City will be eligible to apply for Phase II funding for construction/implementation of downtown activities which may include streetscape, lighting, façade grants, rehabilitation loans, etc. 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. City staff reviewed the proposals and recommends pursuing an agreement with Miller & Associates of Kearney. City staff met with Miller & Associates and they have agreed to perform Project Administration services for a maximum of $1,500. City staff will continue to be involved with grant administration but in the less time-consuming areas. Fiscal Note: Dedicated grant funding is available from the State, contingent upon grant award, 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 Economic Development Planning Grant as set forth in the contract, contingent upon award. We provide services, solutions, and opportunities for our community.

110 RESOLUTION NO WHEREAS, the City of Kearney is applying for a Community Development Block Grant for Downtown Revitalization from the Nebraska Department of Economic Development for Downtown Revitalization Planning for 2015 to continue improvements in Off Street Parking District #1; and WHEREAS, the City of Kearney requested proposals from firms in Central Nebraska for a Planning Grant Administrator to ensure that the activities conducted with grant funding are in compliance with DED and Federal regulations; and WHEREAS, City staff received one proposal and recommends pursuing a contract with Miller & Associates of Kearney to provide management and supervision services. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, approving the selection of Miller & Associates to perform the duties as Planning Grant Administrator of the CDBG Grant. BE IT FURTHER RESOLVED that upon award of the grant application by the Nebraska Department of Economic Development, the City Manager be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney and Miller & Associates. PASSED AND APPROVED THIS 28TH DAY OF APRIL, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

111 COUNCIL AGENDA MEMO ITEM NO. IV - #9 FROM: Bruce Grupe, City Engineer MEETING: April 28, 2015 SUBJECT: PRESENTER: 2015 Part 4 Improvements No Presenter Consent Agenda Discussion: The City is ready to advertise and receive bids for the construction of the 2015 Part 4 Improvements for Paving Improvement District No for 29th Street from 6th Avenue to 8th Avenue. The project will remove and replace approximately 900 feet of the existing pavement on 29th Street between 6th Avenue and 8th Avenue. The new pavement section will be the same as the existing pavement section. Additionally, the existing water main will be replaced. Attached is a letter from Olsson Associates requesting approval of the plans and specifications and to set the bid opening date for May 18, 2015 at 2:00 p.m. The Engineer s Opinion of Probable Construction Cost ranges from $600,000 to $750,000. The work involved is scheduled to be completed during Kearney Public Schools summer break in 2015 or The contractor is being given the option of which year to construct the project. We hope allowing the contractor to select the year of construction will be an attractive bidding environment which will yield a favorable bid price. Fiscal Note: Funds necessary to pay for the construction of these improvements have been included in this year s budget. Recommended Action: Staff recommends approving the proposed Plans and Specifications and set the bid opening date for May 18, 2015 at 2:00 p.m. We provide services, solutions, and opportunities for our community.

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113 INVITATION FOR BIDS May 1, 2015 Sealed bids for the construction of 2015 Part 4 Improvements, 29 th Street 6 th Avenue to 8 th Avenue, Kearney, Nebraska, will be received by Michaelle Trembly at the office of the City Clerk at City Hall, 18 East 22 nd Street, Kearney, Nebraska, 68847, until 2:00 p.m. local time on May 18, 2015, at which time the Bids received will be publicly opened and read. The project consists of reconstructing 29th Street and construction of water main for approximately 800 feet from 6th Avenue to 8th Avenue. The project includes approximately 4,600 square yards of concrete roadway paving, 450 square yards of concrete driveways and sidewalks, storm sewer work including structures, construction of approximately 850 Lineal Feet of 8" ductile iron water main, installation of valves, fittings, fire hydrant assemblies and water services, and other incidental work as described in the plans and specifications. Bids shall be on a Per Unit Basis. A pre-bid conference will not be held. Bid security shall be furnished in accordance with the Instruction to Bidders. The check(s) or bond(s) shall be made payable to the City of Kearney, Nebraska, 18 East 22 nd Street, Kearney, Nebraska 68848, as security that the bidder(s) to whom the award(s) are made will enter into contract to build the improvements bid upon and furnish the required bonds and insurance. The envelopes containing bids shall be marked as follows: City of Kearney c/o Michaelle Trembly, City Clerk Proposal For: 2015 Part 4 Improvements, 29 th Street 6 th Avenue to 8 th Avenue Kearney, Nebraska Bids Received: May 18, :00 p.m. Local Time 18 East 22nd Street Kearney, NE The Issuing Office for the Bidding Documents is: Olsson Associates, 201 E 2 nd Street, Grand Island, Nebraska Questions should be directed to Matt Rief, Engineer, at Bidding Documents also may be examined at: Olsson Associates, 201 E 2 nd Street, Grand Island, Nebraska City of Kearney, 18 East 22 nd Street, Kearney, Nebraska Lincoln Builder s Bureau, 5910 S. 58th Street, Suite C, Lincoln, Nebraska Omaha Builder s Exchange, 4255 S. 94th Street, Omaha, Nebraska Kearney Builders Plan Service, 1007 Second Avenue, Kearney, Nebraska Hastings Building Bureau, 301 South Burlington, Nebraska A complete set of electronic plans, specifications, contract documents and proposal form may be obtained from for a fee of $20.00 (non-refundable). Once logged into the site, insert ebiddoc I-1

114 project number Kearney 2015 Part 4 Improvements. A complete set of electronic plans, specifications, contract documents and proposal form on a CD may be obtained from the Issuing office for a non-refundable charge of $ A complete set of printed plans, specifications, contract documents and proposal form may be obtained from the Issuing office for a non-refundable charge of $ Unsuccessful bidders are requested to return the plans and specifications. Each successful bidder shall supply a Performance Bond and a Payment Bond executed by a corporate surety licensed in the State of Nebraska in an amount equal to 100 percent of the contract price as part of his contract. The City of Kearney is an equal opportunity employer and requires all contractors and consultants to comply with all applicable Federal and State laws and regulations. The City of Kearney reserves the right to accept any bid which it deems most advantageous to the City, and to reject any or all bids submitted and to hold as many bids as it desires for consideration for a period of sixty (60) days after the bids are open. Owner: The City of Kearney, Nebraska By: Stanley Clouse Title: Mayor Date: Published in the Kearney Hub on May 1, 8, and 15, I-2

115 COUNCIL AGENDA MEMO ITEM NO. IV - #10 FROM: Michaelle Trembly, City Clerk MEETING: April 28, 2015 SUBJECT: Holiday Inn Special Designated License for May 14, 2015 PRESENTER: No Presenter Consent Agenda Discussion: The City received an application for a Special Designated License to cater a reception located inside the First National Bank located at nd Avenue on May 14, Paul Younes owns a catering business and has substantial experience in managing these types of events. Mr. Younes has conducted similar events without incident or problems. In reviewing the records at the Nebraska Liquor Control, Holiday Inn had a violation in 2012 for refilling. I have spoken with Police Chief Dan Lynch on this event and he did not foresee any problems. 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 application, they will be forwarded to the Nebraska Liquor Control Commission for further processing. If the Council chooses to deny the application, that is the final decision and they are not forward to the Liquor Commission. Fiscal Note: There are no adverse financial considerations regarding this application. Recommended Action: Staff recommends approval of the application as submitted by Holiday Inn. We provide services, solutions, and opportunities for our community.

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120 COUNCIL AGENDA MEMO ITEM NO. IV - #11 FROM: Bruce Grupe, City Engineer MEETING: April 28, 2015 SUBJECT: PRESENTER: 2014 Part 10 Improvements Bid B No Presenter Consent Agenda Discussion: On October 14, 2014 the City Council awarded the 2014 Part 10 Improvements in the amount of $203, to Dan Roeder Concrete for the construction of 17th Street within the Marlatt Addition. The revised contract amount including all revisions in the scope of the work and approved change orders is $207, The contractor has submitted payment request No. 1 in the amount of $88, Including this payment the contractor will have been paid $88, and is approximately 43 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 adoption of the resolution approving the payment in the amount of $88, to Dan Roeder Concrete. We provide services, solutions, and opportunities for our community.

121 RESOLUTION NO WHEREAS, Dan Roeder Concrete of Kearney, Nebraska has performed services in connection with the 2014 Part 10 Improvements Bid B consisting of Paving Improvement District No for 17th Street from Avenue M east to the east lot line of Lot 5, Block Two, Marlatt Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $88, as shown on Exhibit A attached hereto and made a part hereof by reference and as follows: Original Contract Sum $203, Change Order No. 1 ( ) + 3, Contract Sum To Date 207, Gross Amount Due 98, Retainage (10%) 9, Amount Due to Date 88, Less Previous Certificates for Payment.00 Current Payment Due $ 88, NOW, THEREFORE, BE IT RESOLVED by the President 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 28TH DAY OF APRIL, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

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125 COUNCIL AGENDA MEMO ITEM NO. IV - #12 FROM: Bruce Grupe, City Engineer MEETING: April 28, 2015 SUBJECT: PRESENTER: 2014 Part 2 Improvements for Central Avenue from 26th Street to 31st Street and 26th Street from Central Avenue to Avenue C No Presenter Consent Agenda Discussion: On April 22, 2013 the City Council awarded the bid for 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. 3 in the amount of $4, for additional work required to the project. The new contract price including all change orders will be $2,507, Additionally, the contractor has submitted payment request 7 in the amount of $232,532.10; including this payment the contractor will have been paid $1,488, and is approximately 59 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 adoption of the resolution approving Change Order No. 3 in the amount of $4, and approving the payment in the amount of $232, to Blessing, LLC. We provide services, solutions, and opportunities for our community.

126 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. 3 showing an increase in the amount of $4, as shown on Exhibit A attached hereto and made a part hereof by reference; and WHEREAS, Blessing, LLC and Miller & Associates have filed with the City Clerk Application and Certificate for Payment No. 7 in the amount of $232, as shown on Exhibit B attached hereto and made a part hereof by reference as follows: Original Contract Sum Change Order No. 1 ( ) Change Order No. 2 ( ) $2,474, , , Contract Sum To Date 2,503, Gross Amount Due 1,654, Retainage (10%) 165, Amount Due to Date 1,488, Less Previous Certificates for Payment 1,256, Current Payment Due $ 232, 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. 3, as shown on Exhibit A and Application and Certificate for Payment No. 7, as shown on Exhibit B, be and is hereby accepted and approved. PASSED AND APPROVED THIS 28TH DAY OF APRIL, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

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132 COUNCIL AGENDA MEMO ITEM NO. IV - #13 FROM: Kirk Stocker, Director of Utilities MEETING: April 28, 2015 SUBJECT: PRESENTER: 2014 Part 8 Improvements No Presenter Consent Agenda Discussion: At the August 12, 2014 City Council meeting the Council awarded the bid for the 2014 Part 8 Improvements to Midlands Contracting Inc. in the amount of $749, The 2014 Part 8 Improvements include water and sanitary sewer improvement districts to serve Bearcat Corner. The districts are Water District No and Sanitary Sewer District in 27th Street from the south line of 11th Street southward 850 feet and Water District No and Sanitary Sewer District No in 30th Avenue from the south line of 11th Street southward 1,500 feet. Since being awarded the bid, Midlands Contracting Inc. has mobilized labor, equipment and materials and has completed the water and sanitary sewer construction on 27th Avenue south of 11th Street and on 30th Avenue south of 11th Street. Midlands Contracting Inc. has submitted Change Order No. 1, a balancing change order, to reflect actual quantities of work constructed for a deduct to the Contract price of $28, and Application for Payment No. 5-Final in the amount of $86, Miller & Associates, the City s engineer on the project, has reviewed the Change Order and the Application for Payment and recommend that they be approved. They have also approved and submitted the Certificate of Substantial Completion. Fiscal Note: The Utilities Department included funding for this project in the Budget. Recommended Action: Staff recommends approving Change Order No. 1 for a deduct to the Contract Price of $28, and Application for Payment No. 5-Final and authorize Administration to make payment to Midlands Contracting Inc. in the amount of $86, Staff also recommends accepting the Certificate of Substantial Completion. We provide services, solutions, and opportunities for our community.

133 RESOLUTION NO WHEREAS, Midlands Contracting of Kearney, Nebraska has performed services in connection with the 2014 Part 8 Improvements consisting of Water District No and Sanitary Sewer District No in 27th Avenue from 11th Street south 850 feet; and Water District No and Sanitary Sewer District No in 30th Avenue from 11th Street south 1,500 feet, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $28,521.20, as shown on Exhibit A attached hereto and made a part hereof by reference; and WHEREAS, Midlands Contracting and Miller & Associates have filed with the City Clerk Application and Certificate for Payment No. 5-Final in the amount of $86, as shown on Exhibit B attached hereto and made a part hereof by reference and as follows: Original Contract Sum Change Order No. 1 ( ) $749, $28, Contract Sum To Date 720, Gross Amount Due 720, Retainage (5%).00 Amount Due to Date 720, Less Previous Certificates for Payment 634, Current Payment Due $ 86, WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of March 31, 2015, as shown by Exhibit C attached hereto and made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, 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 is hereby accepted and approved. PASSED AND APPROVED THIS 28TH DAY OF APRIL, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

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145 COUNCIL AGENDA MEMO ITEM NO. IV - #14 FROM: Kirk Stocker, Director of Utilities MEETING: April 28, 2015 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: 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 Second Avenue. 4th Street Paving Rehabilitation, Paving District No , from 3rd Avenue to 6th Avenue. Since being awarded the bid Midlands Contracting Inc. has mobilized labor, equipment and materials and has been working on the project. Midlands Contracting Inc. has submitted Application for Payment No. 6 in the amount of $221, for stored material and work completed as of the end of March Miller & Associates, the City s Engineer for the project, has reviewed the application and recommends it be approved. 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. 6 and authorize Administration to make payment to Midlands Contracting Inc. in the amount of $289, We provide services, solutions, and opportunities for our community.

146 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. 6 in the amount of $289, 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 2,785, Retainage (10%) 278, Amount Due to Date 2,507, Less Previous Certificates for Payment 2,217, Current Payment Due $ 289, 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. 6, as shown on Exhibit A, be and is hereby accepted and approved. PASSED AND APPROVED THIS 24TH DAY OF APRIL, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

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159 COUNCIL AGENDA MEMO ITEM NO. IV - #15 FROM: Kirk Stocker, Director of Utilities MEETING: April 28, 2015 SUBJECT: PRESENTER: UV Disinfection Equipment No Presenter Consent Agenda Discussion: At the January 14, 2014 City Council meeting the Council awarded the Bid for the UV Disinfection Equipment to Trojan Technologies of London, Ontario, Canada in the amount of $254, making the cost of the equipment $268, (including tax). After the equipment bid was awarded the City began the design of the second phase of the project. The second phase of the UV Disinfection Project, the building, yard piping and relocation of the sample station was awarded to Midlands contracting in the amount of $1,535, at the October 28, 2014 Council meeting. Trojan Technologies has delivered the UV equipment to the project site and has submitted application for Payment No. 1 in the amount of $183, Miller & Associates, the City s engineer on the project, has reviewed the application for payment and recommends that it be approved. Fiscal Note: Funds have been included the Budget for the UV Disinfection Project. Recommended Action: Staff recommends approving Application for Payment No. 1 for the UV Disinfection Equipment and authorize Administration to make Payment to Trojan Technologies in the amount of $183, We provide services, solutions, and opportunities for our community.

160 RESOLUTION NO WHEREAS, Trojan Technologies of London, Ontario, Canada has performed services in connection with the UV Disinfection Building Equipment at the Platte River Well Field, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $183, as shown on Exhibit A attached hereto and made a part hereof by reference and as follows: Original Contract Sum $254, Contract Sum To Date 254, Gross Amount Due 203, Retainage (10%) 20, Amount Due to Date 183, Less Previous Certificates for Payment.00 Current Payment Due $183, NOW, THEREFORE, BE IT RESOLVED by the President 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 28TH DAY OF APRIL, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

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163 COUNCIL AGENDA MEMO ITEM NO. IV - #16 FROM: Kirk Stocker, Director of Utilities MEETING: April 28, 2015 SUBJECT: PRESENTER: UV Disinfection Building at the Platte River Well Field No Presenter Consent Agenda Discussion: At the October 28, 2014 City Council meeting the Council awarded the bid for the second phase of the UV Disinfection project to Midlands Contracting Inc. in the amount of $1,535, The second phase of the project is the UV Disinfection Building, Piping System, Equipment & Automated Controls Installation and the Relocation of the Sampling Station. The UV Disinfection System is required to meet comply with the Long Term 2 Enhanced Surface Water Treatment Rule, and must be operational by October 15, The first phase of the project was to design and receive bids for the ultra violet disinfection equipment. The Council awarded the equipment bid at the January 14, 2014 Council meeting. Since being awarded the bid for the second phase of the project Midlands Contracting Inc. has mobilized materials, equipment and labor and has been working on the piping portion of the project. Midlands Contracting Inc. has submitted Application for Payment No. 2 in the amount of $420, for stored materials and work completed as of the end of March Miller & Associates, the City s engineer on the project, has reviewed Application for Payment No. 2 and recommends that it be approved. Fiscal Note: Funds have been included the Budget for the UV Disinfection Project. Recommended Action: Staff recommends approving Application for Payment No. 2 and authorize Administration to make payment to Midlands Contracting Inc. in the amount of $420, We provide services, solutions, and opportunities for our community.

164 RESOLUTION NO WHEREAS, Midlands Contracting of Kearney, Nebraska has performed services in connection with the UV Disinfection Building at the Platte River Well Field, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $420, as shown on Exhibit A attached hereto and made a part hereof by reference and as follows: Original Contract Sum $1,535, Contract Sum To Date 1,535, Gross Amount Due 853, Retainage (10%) 85, Amount Due to Date 768, Less Previous Certificates for Payment 347, Current Payment Due $ 420, NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 2, as shown on Exhibit A, be and is hereby accepted and approved. PASSED AND APPROVED THIS 28TH DAY OF APRIL, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

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167 COUNCIL AGENDA MEMO ITEM NO. IV - #17 FROM: Bruce Grupe, City Engineer MEETING: April 28, 2015 SUBJECT: PRESENTER: 2015 Part 8 Improvements No Presenter Consent Agenda Discussion: The City is ready to advertise and receive bids for the construction of the 2015 Part 8 Improvements consisting of Paving Improvement District Nos and , Water District Nos and , and Sanitary Sewer District No for 3rd Street and 4th Avenue. This work involves sewer, water and paving in 3rd Street from 3rd Avenue west to a point 324 feet west of 4th Avenue and Water and paving in 4th Avenue from Talmadge Street north to 3rd Street. Attached is a letter from Miller & Associates requesting approval of the plans and specifications and to set the bid opening date for May 18, 2015 at 2:00 p.m. The Engineer s Opinion of Probable Construction Cost ranges from $650,000 to $850,000. The work involved on 4th Avenue is scheduled to be completed before October 30, The balance of the work is scheduled to be completed prior to November 20, Fiscal Note: Funds necessary to pay for the construction of these improvements have been included in this year s budget. Recommended Action: Staff recommends approving the proposed Plans and Specifications and set the bid opening date for May 18, 2015 at 2:00 p.m. We provide services, solutions, and opportunities for our community.

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175 COUNCIL AGENDA MEMO ITEM NO. IV - #18 FROM: Bruce Grupe, City Engineer MEETING: April 28, 2015 SUBJECT: PRESENTER: 2015 Part 1 Improvements for 19th Street and CDGB Sidewalks/Ramps No Presenter Consent Agenda Discussion: The City is ready to advertise and receive bids for the construction of the 2015 Part 1 Improvements for 19th Street and CDGB Sidewalk/Ramps CDGB 14-CR-004. This project is for the paving of 19th Street between Avenues D and E and the reconstruction of handicapped ramps in the area directly north of Bryant Elementary and south of 19th Street. Attached is a letter from Miller & Associates requesting approval of the plans and specifications and to set the bid opening date for May 18, 2015 at 2:00 p.m. The Engineer s Opinion of Probable Construction Cost ranges from $125,000 to $225,000. The work involved is scheduled to be completed before November 20, Fiscal Note: Funds necessary to pay for the construction of these improvements have been included in this year s budget. Recommended Action: Administration recommends the City Council approve the proposed Plans and Specifications and set the bid opening date for May 18, 2015 at 2:00 p.m. We provide services, solutions, and opportunities for our community.

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180 COUNCIL AGENDA MEMO ITEM NO. V - #1 FROM: Shawna Erbsen, Director of Administrative Services MEETING: April 28, 2015 SUBJECT: PRESENTER: Amend City Code Chapter 4 Pertaining to Fireworks No Presenter Consent Agenda Ordinances Discussion: Attached is the ordinance updating Chapter 4 of the City Code. The ordinance specifically amends Sections 4-601, and to align with recent changes adopted by the State Fire Marshalls office regarding consumer fireworks. Fiscal Note: Staff is not aware of any undue financial obligations affecting the City with regard to the Code changes. Recommended Action: Staff recommends approval of the ordinance amending the City Code. We provide services, solutions, and opportunities for our community.