MINUTES OF REGULAR MEETING OF MAYOR AND CITY COUNCIL OF THE CITY OF NELIGH, NEBRASKA March 10, 2015

MINUTES OF REGULAR MEETING OF MAYOR AND CITY COUNCIL OF THE CITY OF NELIGH, NEBRASKA March 10, 2015 The regular meeting of the Mayor and City Council of the City of Neligh was held at the Council Chambers on Tuesday, March 10, 2015 at 7:00 P.M. Present were Mayor Joe Hartz, Council Members Steph Wanek, Leonard Miller, Dale Wilkinson. Ted Hughes entered the meeting at 7:05 P.M. Also in attendance were City Attorney Jim McNally, City Supt. Dean Bly, Police Chief Mike Wright, Economic Development Director Greg Ptacek, Generation Supervisor Josh Capler, City Engineer John Zwingman, City Clerk Danielle Klabenes, Reporters DeManda McGowen and Carrie Pitzer, Planning Commission members and several members of the public. Notice of this meeting was given in advance thereof by publication in the Neligh News and Leader on March 4, 2015. Notice of this meeting was given to the Mayor and all members of the Council and a copy of their acknowledgment of receipt of notice and the agenda is attached to the minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Council of this meeting. Mayor Hartz offered a prayer before opening the meeting. All proceedings thereafter shown were taken while the convened meeting was open to the attendance of the public. Mayor Hartz presided over the meeting and noted that a copy of the Open Meetings Law, located on the east wall of the Council Chambers, was available to the public. City Clerk Klabenes recorded the minutes. The Pledge of Allegiance was recited. APPROVAL OF MINUTES Wilkinson moved to approve the February regular meeting minutes as submitted. Seconded by Wanek. Roll call votes in favor were Miller, Wanek, Wilkinson. Opposed: None. Absent: Hughes. Motion carried. TREASURER S REPORT Wanek moved to accept the February 2015 treasurer s report. Seconded by Wilkinson. Roll call votes in favor were Wilkinson, Miller, Wanek. Opposed: None. Absent: Hughes. Motion carried. BOMGAARS REQUEST FOR WATER AND SEWER SERVICES Dave Meyer, Chief Operating Office and Senior Vice-President and Ryan Bolinger, Project Manager for Bomgaars reported the retail store would like to enlarge the business with an approximate 12,000 square foot addition. Bolinger reported the State Fire Marshall required sprinklers for the building. Meyer requested to be annexed within the city limits and hook up to city water and sewer. He reported Bomgaars project schedule was to start the store expansion project in July with interior work and product placed inside the store in the winter and opening the store after the holidays. City Engineer John Zwingman reported on the fire hydrants needed for extending water services estimated at $119,000.00. He reported the sewer extension would require further study with possibly rebuilding a lift station and considering the depth of the creek with pumping through sewer lines. Meyer asked what the requirements were for sewer connection with an existing septic system. City Engineer Zwingman reported if a sewer service was extended to the property that any repairs needed on the septic system would not be allowed and attaching to the city sewer would then be required. Discussion was held for the estimated cost of $250,000 for a sewer extension to serve three properties and the only cost savings in extending both water and sewer services at the same time was approximately $5,000 in mobilization expenses. Meyer reported that Bomgaars was willing to agree to just a water extension to comply with the fire marshall s requirements. Economic Director Ptacek reported on using tax increment financing (TIF) as a funding tool to offset the costs of the water extension. He reported that if TIF was pursued, the process would begin with a blight study to amend the current blight and substandard area and lead to an agreement with Bomgaars that the store will not sell the business to a tax exempt entity for the TIF term of 15 years or until the bond is paid in full. Discussion was held for annexation of all implement dealers in the same industry, revisiting the comprehensive plan for annexation areas and allowing the planning commission to meet for a recommendation of boundary changes. Mayor Hartz thanked both representatives of Bomgaars for attending the meeting and growing and keeping the retail store here. CONTRACT WITH ADVANCED CONSULTING ENGINEERING SERVICES FOR BOMGAARS SERVICES

Discussion was held that in order to begin TIF procedures, no services or contracts may be entered into, therefore no contract for services of water or sewer services was discussed. The item was tabled to a later date. NELIGH MILL BRIDGE PAINTING PROJECT City Engineer Zwingman reported on the paint product specifications for painting the Mill Bridge. He reported the 4 coats of paint included a zinc coat to remove rust and eliminate oxygen followed by an endure shield coat and primer which is similar to the paint used on water towers. He reported the combination of paint coats was considered to be a 30 year paint system. Discussion was held that the Nebraska State Historical Society historical records indicated a black finishing paint coat was used when the bridge was first built and recommended a black coat be applied again. Zwingman s cost estimate for sandblasting and 4 coats of paint was $125,000.00. He proposed an October 2015 completion date to comply with the anonymous donor s terms of project completion December 1, 2015. Hughes moved to authorize the City Engineer to advertise for bids for the Neligh Mill Bridge painting project with a bid letting date of Thursday, April 9 th at 2:00P.M. Seconded by Wanek. Roll call votes in favor were Wanek, Wilkinson, Miller, Hughes. Opposed: None. Motion carried. CONTRACT WITH ADVANCED CONSULTING ENGINEERING SERVICES FOR NELIGH MILL BRIDGE PAINTING PROJECT City Engineer Zwingman presented a contract and scope of services of $10,000.00 for engineering services on the Neligh Mill Bridge painting project. Moved by Wilkinson to approve entering into a contract with Advanced Consulting Engineering Services for $10,000.00 for the Neligh Mill Bridge painting project. Seconded by Hughes. Roll call votes in favor were Miller, Hughes, Wanek, Wilkinson. Opposed: None. Motion carried. RESOLUTION 2015-2 AMERICAN LEGION CLASS C CATERING LIQUOR LICENSE A public hearing was opened at 8:08 P.M. for the purpose of hearing support and opposition for a catering license for the Neligh American Legion. Clerk Klabenes reported the American Legion had applied for a catering license with the Nebraska Liquor Control Commission to provide and serve alcohol at other locations, such as the county fairgrounds. Council member Wilkinson introduced and moved for passage Resolution 2015-2 approving the application of the American Legion Antelope 172 for a Catering Class C 14041 liquor license. Seconded by Miller. Roll call votes in favor were Wilkinson, Wanek, Miller. Abstain: Hughes. Opposed: None. Motion carried. Thereupon Mayor Hartz declared Resolution 2105-2 adopted. ANTELOPE COUNTY FAIRGROUNDS SPECIAL DESIGNATED LIQUOR LICENSES Council member Wanek moved to approve two special designated liquor licenses for the Neligh American Legion at the Antelope County Fairgrounds on May 2 nd and September 12 th. Seconded by Wilkinson. Roll call votes in favor were Miller, Wilkinson, Wanek. Abstain: Hughes. Opposed: None. Motion carried. Council member Hughes moved to approve four special designated liquor licenses for the Tilden American Legion at the Antelope County Fairgrounds on June 13 th, September 19 th, September 26 th and October 3 rd. Seconded by Miller. Roll call votes in favor were Wilkinson, Miller, Hughes, Wanek. Opposed: None. Motion carried. RESOLUTION 2015-3 DIAL-A-RIDE FUNDING REQUEST A public hearing was opened at 8:12 P.M. for requesting funding for fiscal year 2015-2016 for the Dial-A- Ride Public Transportation. Clerk Klabenes reported on the conditions for operating assistance from the federal government and Nebraska Department of Roads. She reported one new requirement was to publish notice of the budget request in both English and Spanish in the local paper. She reported the budget provided 50% federal and 25% state reimbursement for operating costs such as driver s wages, fuel and oil. She reported the non-operating costs such as the clerk s wages, insurances, building and vehicle maintenance, utilities and marketing expenses were 80% federal and 10% state reimbursable. She reported that with a decrease in fuel prices and change in driver s wages, the church contracts for Sunday services would remain at the same rate. Wilkinson introduced and moved for passage Resolution 2015-3 requesting state funding of $7,285.00 and federal funding of $24,388.00 for

the fiscal year 2015-2016 Dial-A-Ride Public Transportation operation. Seconded by Hughes. Roll call votes in favor were Hughes, Miller, Wilkinson, Wanek. Opposed: None. Thereupon Mayor Hartz declared Resolution 2015-3 adopted. NEBRASKA PUBLIC TRANSIT WEEK Clerk Klabenes reported on the promotion of Nebraska public transit endorsed by the Nebraska Department of Roads for April 6 th 10 th. She reported a week of activities was being planned to educate the community and build awareness on the availability of Dial-A-Ride public transit for all ages. She reported all marketing and promotional expenses qualified for 90% reimbursement from the federal and state government. Wilkinson moved to authorize and approve the Dial-A-Ride Public Transportation events for Nebraska Public Transit week April 6 th 10 th. Seconded by Hughes. Roll call votes in favor were Wanek, Wilkinson, Miller, Hughes. Opposed: None. Motion carried. ORDINANCE 576 PERMIT CONCEALED WEAPONS City Attorney McNally presented Ordinance 576 as requested by Police Chief Wright to follow the state law and bring the city ordinance up to date. He reported the ordinance prohibits concealed weapons unless permitted. Council member Wilkinson introduced Ordinance 576 as follows: AN ORDINANCE OF THE CITY OF NELIGH, ANTELOPE COUNTY, NEBRASKA, ALLOWING FOR CONCEALED WEAPONS UNDER THE CONCEALED HANDGUN PERMIT ACT; REPEALING CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. And moved that the statutory rule requiring reading on three different times be suspended. Council member Hughes seconded the motion to suspend the rules and upon roll call vote on the motion, the following Council members voted YEA: Miller, Wanek, Wilkinson, Hughes. The following voted NAY: None. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinances. Said ordinances were then read by title and thereafter, Council member Wilkinson moved for final passage of the ordinances, which motion was seconded by Council member Hughes. The Mayor then stated the questions, Shall Ordinance No. 576 be passed and adopted? Upon roll call vote, the following Council Members voted YEA: Wilkinson, Miller, Hughes. The following voted NAY: Wanek. The passage and adoption of said ordinances, having been concurred in by three-fourths of all members of the City Council, the Mayor declared the ordinances were adopted and approved of the same and affixed his signature thereto and ordered the City Clerk to publish said ordinances one time as prescribed by law. ORDINANCE 577 City Attorney McNally reported he was updating the definitions for this ordinance and recommended consideration at the next regular meeting. No action was taken. APPOINTMENTS Mayor Hartz made the following appointments: Joe McNally as representative and Josh Capler as alternate to the MEAN Management Committee and Board of Directors for three years. Wanek introduced and moved for passage Resolution 2015-4 approving the appointment of Joe McNally as Representative and Josh Capler as Alternate Representative to both the Municipal Energy Agency of Nebraska Management Committee and Board of Directors for a term of three years. Seconded by Wilkinson. Roll call votes in favor were Hughes, Wilkinson, Miller, Wanek. Opposed: None. Thereupon Mayor Hartz declared Resolution 2015-4 adopted. Mayor Hartz made the following appointments for the Downtown Revitalization Committee: business community members Kevin Hild, Melissa Smith, Lynne Bichlmeier and Carrie Pitzer; Chamber of Commerce members Jeri Anderson and James Zielinski; Economic Development Board members Al Stelling and Terry Jensen; and City Council member Steph Wanek. Hughes moved to approve the appointments for the Downtown Revitalization Committee as presented. Seconded by Miller. Roll call votes in favor were Wilkinson, Hughes, Miller. Abstain: Wanek. Opposed: None. Motion carried.

ACE MEMBERSHIP DISTRIBUTION REFUND Economic Director Ptacek reported the auction on the signs from the Pershing Center last month sold for more than what the Chamber and City Council had cumulatively authorized to bid. Supt. Dean Bly reported the concessions stand restrooms were in need of a handicap accessible sink in both restrooms, a new urinal and a new toilet and fresh coat of paint. He reported the estimated cost of these improvements was $1,000.00. Discussion was held for updating the Pavilion and campgrounds bathroom. Wilkinson moved to apply the 2015 ACE Membership Distribution refund of $2,328.00 to improvements in the Concessions Stand, Pavilion and Campground restrooms in Riverside Park with any reserve funds applied to maintenance. Seconded by Wanek. Roll call votes in favor were Miller, Wilkinson, Wanek, Hughes. Opposed: None. Motion carried. COMMUNITY SPRING CLEAN UP Wilkinson moved to set the community spring clean-up weekend for Saturday, April 18 th at the compactor and tree dump from 11:00A.M. to 5:00P.M. and Sunday, April 19 th at the tree dump from 1:00 to 5:00P.M., with a rain date of April 25 th -26 th. Seconded by Hughes. Roll call votes in favor were Wanek, Hughes, Miller, Wilkinson. Opposed: None. Motion carried. ECONOMIC DEVELOPMENT DIRECTOR S REPORT Economic Development Director Ptacek reported that a representative from Miller and Associates had offered to write a grant for free but the information from the state had not been returned in time to meet the deadline for a possible funding source of $18,000 in demolition funds. He reported the grant would be reviewed again next year. The Director reported that he had received approximately 63 surveys with many supportive comments for the downtown revitalization surveys to be used for the grant application. Ptacek reported the newly formed Downtown Revitalization Committee was meeting later in the month to score the applications of engineering/planning firms and interview the top two applicants for a possible recommendation to the City Council at the regular April meeting. Director Ptacek reported that a draft and the financials for shared services with the Village of Clearwater, Neligh Chamber of Commerce and Neligh Economic Development were in progress. Hughes moved to approve the Economic Development report. Seconded by Wanek. Roll call votes in favor were Miller, Hughes, Wilkinson, Wanek. Opposed: None. Motion carried. POLICE REPORT Discussion was held for the debris found on the side of the road along Highway 14 south of Neligh towards the compactor station. It was the consensus of the council to have assistance from community service helpers with the cleanup efforts and to advertise friendly reminders for littering with the local media sources, utility bills or a newsletter and possible Nixle. Wilkinson moved to approve the February police report of 301 calls. Seconded by Miller. Roll call votes in favor were Wanek, Hughes, Miller, Wilkinson. Opposed: None. Motion carried. CITY SUPT. REPORT Supt. Bly presented the One and Ten Year Water Plan. He reported the 2015 project was to clean the water tower followed by annual plans each year after. Wanek moved to approve the One and Ten Year Water Plan as presented. Seconded by Hughes. Roll call votes in favor were Miller, Wilkinson, Wanek, Hughes. Opposed: None. Motion carried. The City Supt. reported that three employees had successfully passed the third book of the Merchant s program and recommended an increase in wages as approved when they were hired to work for the city. Council member Hughes moved to commend Josh Capler, Brian Hain and Scott Kester for successfully completing the third book of the Merchant s program and authorized a $.50 per hour increase in wages retroactive to November 22, 2014. Seconded by Miller. Roll call votes in favor were Wilkinson, Miller, Wanek, Hughes. Opposed: None. Motion carried. Supt. Bly reported employees Jon Ferguson, Scott Kester and himself would be attending the Nebraska Rural Water conference next week for continued education classes. He reported Lineman Brian Hain was scheduled to take a sewer test for certification as a backup sewer operator. He reported improvements on the north ball field would begin upon the ground thawing. He also reported that the Nebraska Department of Roads had

requested the lights on the highway poles come off of their poles for the Riverside Park entrance flag pole and the Catholic Church. He stated the flag pole light could remain on the pole until the city setup a separate fixture from the pole. Wanek moved to approve the Supt. report. Seconded by Hughes. Roll call votes in favor were Miller, Wilkinson, Hughes, Wanek. Opposed: None. Motion carried. ELECTRIC REPORT Generation Supervisor Capler reported a service pole was replaced at the county weed district and a new transformer was installed for construction to begin at 7 th and E Street. He reported that after the frost was removed a new transformer would be installed at the new law enforcement center and two street lights would be installed. He reported the generators would have two days of testing scheduled for March 24 th -25 th. Hughes moved to approve the Electric report. Seconded by Miller. Roll call votes in favor were Wanek, Hughes, Miller, Wilkinson. Opposed: None. Motion carried. APPROVAL OF BILLS Moved by Wilkinson to approve the bills as presented. Seconded by Wanek. Roll call votes in favor were Hughes, Wilkinson Miller, Wanek. Opposed: None. Motion carried. There being no further business to conduct, Wilkinson moved to adjourn. Seconded by Hughes. Roll call votes in favor were, Wilkinson, Wanek, Miller, Hughes. Opposed: None. Thereupon Mayor Hartz declared the meeting adjourned. Time 9:17 P.M. City of Neligh ATTEST Joe Hartz, Mayor Danielle Klabenes, City Clerk

CERTIFICATION I, the undersigned, City Clerk of the City of Neligh, Nebraska, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Mayor and Council on March 10, 2015; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the office of the City Clerk; that such agenda items were sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the said minutes from which the foregoing proceedings have been extracted were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting; and that a current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during such meeting in the room in which such meeting was held. (SEAL) City Clerk