KEARNEY CITY COUNCIL

Transcription

1 KEARNEY CITY COUNCIL AMENDED AGENDA City Council Chambers, 18 East 22nd Street June 25, :00 p.m. 1. Invocation/Moment of Silent Prayer. 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 concerning an application to the Department of Economic Development for a Community Development Block Grant Program for community revitalization activities, Phase I for Central Avenue from 26th Street to 31st Street and to consider Resolution No Conduct a public hearing concerning an application to the Department of Economic Development for a grant under the Community Development Block Grant program for economic development activities for Midland Molding and to consider Resolution No IV CONSENT AGENDA * 1. Approve Minutes of Special Meeting held June 11, 2013 and Minutes of Regular Meeting held June 11, Approve the Claims. 3. Receive recommendations of Planning Commission and set July 23, 2013 at 7:00 p.m. as date and time for hearing on those applications where applicable. 4. Approve the request from Main Street Kearney to temporarily close the sidewalks on Central Avenue from Railroad Street to 25th Street on July 25, 2013 from 7:00 a.m. until 8:00 p.m., July 26 and 27, 2013 from 7:00 a.m. until 7:00 p.m. for Sidewalk Sales; and

2 June 25, 2013 Page 2 the temporary closure of 23rd Street from 1st Avenue to Avenue A including the intersection of Central Avenue and 23rd Street on July 25 and 26, 2013 from 3:00 p.m. until 10:00 p.m. for MarketPlace Farmer s Market. 5. 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 Exposition Building (alternate location is Exhibit Building) located at the Buffalo County Fairgrounds, 3807 Avenue N, on August 3, 2013 from 6:00 p.m. until 1:00 a.m. for a dance. 6. Approve the request submitted by the Kearney Police Department/Buffalo County Sheriff's Office to temporarily block off Avenue B from North Railroad Street to 21st Street for the auction to be held on August 24, 2013 from 7:00 a.m. until 2:00 p.m. 7. Adopt Resolution No approving the Developer Constructed Infrastructure Agreement between the City of Kearney and Camron, Inc. to construct water, sanitary sewer, paving and storm sewer for Lots 1, 2 and 3 of Block Four, Eastbrooke Fourteenth Addition to the City of Kearney. 8. Adopt Resolution No approving the Developer Constructed Infrastructure Agreement between the City of Kearney and Ridge View Apartments, LLC to construct water and sanitary sewer for Lot 1 and part of Lot 2, Block One, Northridge Retirement Subdivision. 9. Adopt Resolution No supporting Buffalo County Community Partners in launching a Community Building Neighborhood Party Campaign in the City of Kearney. 10. Adopt Resolution No approving Application and Certificate for Payment No. 3 in the amount of $371, submitted by Blessing, LLC and approved by Miller & Associates for the 2012 Part 6 Improvements Bid B consisting of Paving Improvement District No for 52nd Street from 3rd Avenue and terminating 761 feet west; Paving Improvement District No A for 3rd Avenue, a Road and Utility Easement, from the north line of 52nd Street to the north line of Oak Park Center and east in a Roadway and Utility Easement to the west line of 2nd Avenue; Paving Improvement District No for 56th Street from 2nd Avenue west to 6th Avenue. 11. Adopt Resolution No authorizing the City to sell a 1987 E-One 80-foot Quint ladder truck used by the Kearney Fire Department. 12. Adopt Resolution No approving the Amendment to Original Agreement for Services between the City of Kearney and the Community Redevelopment Authority to increase the fees and to extend the Agreement an additional five years. 13. Adopt Resolution No approving the Grant Agreement between the City of Kearney and the Federal Aviation Administration for Project for the construction of an Aircraft Rescue & Fire Fighting Building at the Kearney Regional Airport. 14. Adopt Resolution No approving the Joint City of Kearney-City of Minden Building Inspection Services Interlocal Agreement allowing the City of Kearney to provide building inspection services to the City of Minden.

3 June 25, 2013 Page 3 * Any item listed on the Consent Agenda may, by the request of any single Council member, be considered as a separate item under the Regular Agenda Section of the Agenda. V CONSENT AGENDA ORDINANCES * 1. Approve Ordinance No. 7687A amending Section 1 of Ordinance No to correct the legal description on rezoning property from District AG, Agricultural District and District R- 2, Urban Residential Mixed-Density District to District R-3/PD, Urban Residential Multi- Family District (Medium Density)/Planned Development Overlay District property described as a tract of land being Lot 12 in Block Six (now vacated) and Lot 1 in Block Seven, Eastbrooke Eighth, an addition to the City of Kearney, Buffalo County, Nebraska together with a tract of land being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (east and west of 56th Street and Eastbrooke Drive on the north). 2. Approve Ordinance No. 7801A amending Section 1 of Ordinance No to correct the legal description by including Lot 6 of Block Five, Fountain Hills Fifth Addition to Paving Improvement District No for 50th Street from 11th Avenue to 17th Avenue, 51st Street Place from 15th Avenue Place to 16th Avenue Place, all of 14th Avenue Place, all of 15th Avenue Place, all of 16th Avenue Place, all of Loveland Drive all in Fountain Hills Fifth Addition, 11th Avenue from 48th Street north to the north lot line of Lot 10 of Block 3, Fountain Hills Third Addition. VI REGULAR AGENDA 1. Open Account Claims: NPPD - $84, Closed session for City Manager s annual evaluation. VII REPORTS VIII ADJOURN Mayor Stanley Clouse 4907 Linden Drive Place cell office mayor@kearneygov.org Council Member Bob Lammers 8 Crestview Place home office citycouncil@kearneygov.org Vice-President Randy Buschkoetter th Avenue home cell citycouncil@kearneygov.org Council Member Jonathan Nikkila 4 Regency Place cell citycouncil@kearneygov.org Council Member Bruce Lear 4803 Avenue L Place home office citycouncil@kearneygov.org City Manager Michael Morgan 18 East 22nd Street office mmorgan@kearneygov.org A current agenda is on file at the Office of the City Clerk at City Hall, 18 East 22nd Street, Kearney, Nebraska. For more information, call or visit our website at

4 June 25, 2013 Page 4 ADDENDUM NO. 1 IV CONSENT AGENDA * 15. 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 July 24, 2013 from 4:00 p.m. until 12:00 a.m. for business after hours event.

5 COUNCIL AGENDA MEMO ITEM NO. III - #1 FROM: Suzanne Brodine, Assistant City Manager/Development Services Director MEETING: June 25, 2013 SUBJECT: PRESENTER: CDBG Community Revitalization Grant Phase I Eric Hellriegel, Miller & Associates Discussion: Description of Funding The Comprehensive Revitalization program is a funding category within the Community Development Block Grant program funded and developed by the Nebraska Department of Economic Development. This program allows DED to conditionally guarantee grant awards in 2013, 2014 and 2015 for non-entitlement local governments, between 20,000 and 49,999 populations, based on the number of low- and moderate-income (LMI) persons residing in the community. The method for allocating funds through the CR category presents the following advantages: Ability to make greater impact through guaranteed funding for longer period of time; Larger, urban municipalities who are non-entitlement communities are eligible; CDBG funding is more effectively targeted to persons with lower incomes. Target Area The proposed project funds will be used for improvements in the targeted Census Tract which spans an area west to east from 1st Avenue to Avenue C, and north to south from 22nd Street to 31st Street. The target area is located in central Kearney. These blocks require significant improvements to streets, storm sewer infrastructure, and sidewalks since there are gaps in the sidewalk system as well as lack of handicap ramps at intersections to meet ADA requirements. The selected area contains 57.2 percent LMI households as documented by the 2012 Census estimates. Funding The proposed project is already budgeted in the Special Sales Tax CIP as Central Ave. 26th St to 31st St with bonding and construction set for The total funds for the project from CDBG are estimated at $150,000; $138,000 will be used for construction and $12,000 for grant administration. Matching funds in the amount of $138,000 are required for the grant will come from local sales tax funds, already budgeted for this project. The total amount budgeted for this project is $1.42 million. If awarded, the grant will reduce this amount to $1.282 million. The City is responsible for 1:1 leverage. Because of the number and nature of the needs discovered during the assessment process, Kearney citizens voted overwhelmingly to implement a ½ cent sales tax, effective April 1, Combining program funding and the sales tax money will provide the opportunity to serve the low- and moderate-income populations and to improve accessibility from the residential neighborhoods to the public facilities, business communities and along major arterial streets that is the responsibility of the community. We provide services, solutions, and opportunities for our community.

6 ITEM NO. III - #1 Proposed Project The project will be completed in , during which residents can expect to see a combination of improvements to sidewalks, streets, and accessible sidewalk ramps at intersections. When construction starts in the 2014, it is anticipated there will be a staged construction in order to keep traffic flow in that area. 1. Sidewalks and Paving It is proposed to remove existing paving and reconstruct Central Avenue from 26th Street to 31st Street. Sidewalks and gutters will be replaced and accessible sidewalk ramps constructed at intersections. The proposed improvements are to pave approximately 2250 L.F. of 4-foot wide sidewalks, 900 L.F. of storm sewer with inlets and manholes, and construct ADA ramps in the area with detectable warnings. Fiscal Note: The City may request up to $150,000 over the project, requiring a cash match of $138,000. Two additional phases will follow in subsequent years. The City may request the same amount for each phase, and will be required to provide a match. Over three years, the City may receive up to $450,000 and provide a cash match of $414,000. Recommended Action: City staff recommends approval of the submission of an application to DED for the first phase of the Community Revitalization program and the Mayor to sign the grant related documents.

7 RESOLUTION NO WHEREAS, the City of Kearney, Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant Program; and WHEREAS, the City of Kearney, Nebraska, has obtained its citizens comments on community development and housing needs; and has conducted public hearing(s) upon the proposed application and received favorable public comment respecting the application which for an amount of City of Kearney for $150,000 for street/sidewalk and storm sewer activities on Central Avenue from 26th Street to 31st Street. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney and the Nebraska Department of Economic Development so as to effect acceptance of the grant application. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

8 Prepared By: M A Miller Associates CONSULTING ENGINEERS, P.C. Kearney, NE (308) North Map Legend Street Paving.. Mainline Sidewalk ADA Curb Ramp.. Comprehensive Revitalization Phase I Map Kearney, Nebraska

9 APPLICATION FOR COMMUNITY REVILALIZATION CATEGORY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Nebraska Department of Economic Development (DED) PART I. GENERAL INFORMATION 2013 TYPE OR PRINT ALL INFORMATION 1. APPLICANT IDENTIFICATION 2. PERSON PREPARING APPLICATION Applicant Name City of Kearney Name Eric Hellriegel-Miller & Associates Mailing Address P.O. Box 1180 Address 1111 Central Avenue City, State, Zip Kearney, NE City, State, Zip Kearney, NE Suzanne Brodine, Asst. Local Government Contact City Manager Telephone Telephone # Fax Fax Number Federal ID/SS# Federal ID # Address ehellriegel@miller-engineers.com DUNS # Application Preparer (Check one) Address sbrodine@kearneygov.org Local Staff Out-of-State Consultant In-State Consultant Non-Profit Organization Economic Development District 3. DEVELOPMENT CATEGORY Comprehensive Revitalization / Strategic Plan 6. FUNDING SOURCES CDBG Funds Requested $ 150, APPLICATION TYPE Individual 5. SERVICE AREA Area to be served (city, county, region, etc.)city of Kearney Legislative District 37th Congressional District 3rd Other Funds $ 1,000,000 Total Project Funds $ 1,150,000 (ROUND AMOUNTS TO THE NEAREST HUNDRED DOLLARS.) 7. PROGRAM SUMMARY: Brief quantitative description of the project for which CDBG funds are requested (linear or square feet of new construction or renovation, number persons to be served, frequency and duration of use(s), etc.). The proposed project funds will be used for improvements in the targeted Census Tract which spans an area west to east from First Avenue to Avenue C, and north to south from 22nd Street to 31 st Street. The target area is located in central Kearney. These blocks require significant improvements to streets, storm sewer infrastructure, sidewalks, since there are gaps in the sidewalk system as well as lack of handicap ramps at intersections to meet ADA requirements. The selected area contains 57.2% LMI households as documented by the 2012 Census estimates. The proposed improvements are to pave approximately 2250 L.F. of 4 wide sidewalks, 900 L.F. of storm sewer with inlets and manholes, and construct ADA ramps in the area with detectable warnings. 8. CERTIFYING OFFICIAL: Chief elected officer of local government requesting CDBG funds DED USE ONLY Application Number 13-CR- Date Received To the best of my knowledge and belief, data and information in this application are true and correct, including any commitment of local or other resources. This application has been duly authorized by the governing body of the applicant. This applicant will comply with all Federal and state requirements governing the use of CDBG funds. Stanley A. Clouse, Mayor Signature in ink Typed Name and Title Date Signed Michaelle Trembly, City Clerk Attest Typed Name and Title Date Signed PAGES MAY BE TWO HOLE PUNCHED AT TOP BUT DO NOT BIND, FOLD OR STAPLE. SUBMIT ORIGINAL AND ONLY ONE COPY OF THE APPLICATION. Individuals who are hearing and/or speech impaired and have a TYY, may contact the Department through the Statewide Relay system by calling (711) INSTATE, (800) (TYY) or (800) (voice). The relay operator should be asked to call DED at (800) or (402) Nebraska Department of Economic Development Division of Community and Rural Development PO Box Centennial Mall South Lincoln, NE (402) (800) Fax (402)

10 2013 COMMUNITY REVITALIZATION CATEGORY PART II. FUNDING SUMMARY (Round amounts to the nearest hundred dollars.) Activity Code Activity *National Objective CDBG Funds Other Funds Total Funds Sources of Other Funds 0010 Acquisition/Easements Clearance/Demolition Disposition Public Facilities 0081 Day Care Centers 0082 Health Care Clinics 0090 Community Centers 0091 Senior Centers 0092 Public Libraries 0093 Fire Station/Equipment 0230 Streets/Bridges 0250 Storm Sewers 0300 Water/Sewer LMA 118, , ,680 LMA 19, , ,320 City Sales Tax Funds City Sales Tax Funds 0320 Water/Sewer Hookups LMH 0370 Flood/Drainage Facilities 0450 Relocation Architectural Barriers 0520 Direct Homebuyer Assist LMH 0530 SF Housing Rehab 0541 SF Housing Rental Rehab 0561 MF Housing Rehab LMH 0580 Housing Management LMH 0580 Risk Assessment/Testing LMH 0590 Commercial Rehab 0630 Planning 0180 Total Non-Administration 138,000 1,100,000 1,138, General Administration 12,000 12,000 City Sales Tax Funds 1000 TOTAL PROGRAM COSTS 150,000 1,150,000 1 Must correspond to National Objective for primary activity. Clarification for the above activities should be directed to DED. *NATIONAL OBJECTIVE: Enter most appropriate national objective code for each activity. Refer to Section LMA: Benefit Low/Moderate Income Persons on an area basis LMC: Benefit Low/Moderate Income Persons on a limited clientele basis LMH: Benefit Low/Moderate Income Households PAGES MAY BE TWO HOLE PUNCHED AT TOP BUT DO NOT BIND, FOLD OR STAPLE. SUBMIT ORIGINAL AND ONLY ONE COPY OF THE APPLICATION.

11 COUNCIL AGENDA MEMO ITEM NO. III - #2 FROM: Suzanne Brodine, Assistant City Manager/Development Services Director MEETING: June 25, 2013 SUBJECT: PRESENTER: CDBG Economic Development Grant Application for Midland Molding Eric Hellriegel, Miller & Associates Discussion: The Economic Development Loan program is a funding category within the Community Development Block Grant program funded and developed by the Nebraska Department of Economic Development. This program assists communities with incentivizing new and expanding businesses. By submitting an application, the City of Kearney agrees that 51 percent of jobs created or retained through the remodeling and expanding of facilities will benefit low- to moderateincome persons. Midland Molding is an injection molding company that has been in operation for over 20 years. The company is locally owned and currently employs 22 full-time employees and 1 part-time. In addition, the company is currently utilizing a temporary workforce of 8 full-time through a temp agency. All permanent full-time positions are offered health and dental, vacation, holiday and sick pay. The company s annual sales exceed $6 million with over 40 percent sold to companies outside of Nebraska. The company is seeking to expand in their existing facility in Kearney with the addition of a new building and production equipment. The expansion will result in sales in the next five years reaching $13 million with over 60 percent sold to companies outside of Nebraska. The company has a track record of hiring unskilled labor and then offering training and advancement opportunities for those that excel. The Economic Development Council of Buffalo County feels strongly that Midland Molding would be an ideal candidate for working with LMI. The City of Kearney is requesting $300,000 for economic development activities, including working capital and general administration. Matching funds in the amount of $1,275,000 will be provided by the business. The expansion will create 16 full-time equivalent (FTE) positions by March 31, Fiscal Note: There is no fiscal impact to the City of Kearney. Funds will be sub-awarded to the business, contingent upon a signed Memorandum of Understanding between the City of Kearney, State of Nebraska, and Midland Molding. Default on the MOU will require repayment to the State by Midland Molding, not the City of Kearney. Recommended Action: Staff recommends approval of submitting the application and to adopt a resolution to authorize the Mayor to sign all grant related documents. We provide services, solutions, and opportunities for our community.

12 RESOLUTION NO WHEREAS, the City of Kearney, Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant Program; and WHEREAS, the City of Kearney, Nebraska, has obtained its citizens comments on community development and housing needs; and has conducted public hearing(s) upon the proposed application and received favorable public comment respecting the application which for an amount of City of Kearney for $305,000 for economic development activities for Midland Molding, Inc. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney and the Nebraska Department of Economic Development so as to effect acceptance of the grant application. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

13 Kearney, Nebraska June 11, 2013 Special Meeting 10:00 a.m. A special meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 10:00 a.m. on June 13, 2013 in the Council Chambers at City Hall. Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Bruce Lear, Bob Lammers and Jonathan Nikkila. Absent: None. Michael Morgan, City Manager; Michael Tye, City Attorney; Wendell Wessels, Director of Finance; Suzanne Brodine, Assistant City Manager/Development Services Director; Kirk Stocker, Director of Utilities; Shawna Erbsen, Director of Administrative Services; Kelly Korgel, City Clerk Administrative Assistant; Julie Steffensmeier, Executive Assistant; and Lauren Brandt, Human Resources Administrative Assistant were also present. Some of the citizens present in the audience included: Mark Sutko, Barry Sherman, Bob Harpst, Chuck Ogle, Darren Robinson, Steve Altmaier from KGFW Radio, Adam Konruff from Kearney Hub. Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes. Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes. Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council. All proceedings hereafter shown were taken while the meeting was open to the attendance of the public. 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. CENTRAL NEBRASKA VETERANS HOME Mayor Clouse opened for discussion Resolution No authorizing proposed funding to support the construction of a new Central Nebraska Veterans Home in Kearney, Nebraska. City Manager Michael Morgan presented this matter to the Council. He wanted to provide an executive summary of the project. The proposal is due today at 3:00 p.m. Four cities are competing: Grand Island, Kearney, North Platte and Hastings. There will be site visits June 13 and 14 for the communities that do submit. The site selection will be based on 1,200 points within an evaluation system. The selection committee is made up of three individuals from the Department of Administrative Services, Department of Economic Development and Division of Veterans Homes. The project description is approximately 330,000 square foot new facility on a single level. It would include 225 bedrooms and the minimum amount of land needed is 45 acres. Total estimated project cost is approximately $121 million excluding land and site access. Expected employment is 400 full-time employees. Project financing at this stage is approximately $74 million from the Federal Government, $47 million from the State of Nebraska. A decision has to be made by August 1st which is the date for the federal government to

14 June 11, 2013 Special Meeting Page 2 evaluate the projects. A minimum $ has to be provided for program enhancements as specified in the proposal. The Kearney site is located on the north side of 56th Street west of Airport Road and the Armory. The site is approximately 75 acres. Darren Robinson and others have been involved in this project for well over a year talking about the need of a new Veterans Home and what that would consist of and what it would take and what the process would be. So initially there was due diligence done, an individual was selected to do a cost benefit analysis. In that analysis, approximately $38.5 million economic impact is forecasted and is over $17 million in direct payroll annually. The economic impact did not include the impact of the construction of the facility; it was more of an ongoing economic impact. With the jobs, semi-skilled labor jobs, the majority of those being in the nursing field, pharmacy field and other health related fields would assist at the Veterans Home. Kearney believed it was a significant project that it should pursue it. This project is referred to as Project Honor to recognize our Veterans. Numerous Veterans organizations have been involved for months talking with Darren Robinson, the Chamber of Commerce has been involved as well. An environmental assessment on the site was performed as well as testing on the soils, all which were good. A work force study was done to make sure Kearney can employ the individuals there as well. In the end, this project was a perfect fit for our community; that combined with a strong military history. Where the Veteran s Home would be located was previously barracks and residential areas for Veterans when the base was here. The proposal for consideration would consist of a total of $10.1 million from a variety of sources. The City funds would be $8.5 million; the direct City contribution of $6.7 million with many of the funds being distributed over a 20-year period of time which no funds would be even allocated for another three years. Some of the funds will need to be utilized right away for the project enhancements and the construction. The City s contribution of $6.7 million, Buffalo County allocated $1 million in cash contributions over 20 years, the Development Council, another $100,000, and the Veterans Committee will be approximately $500,000 contribution. So it is about $8.3 million in direct cash contribution and that excludes the land. The difference between $8.7 million, $10.1 million would be a 50 percent rate reduction for water/sewer and refuse. And there is also included a contribution over a 10-year period for a total of $200,000 for rate reduction. If you look at the factors that are being rated, the highest factor is workforce factors of $2.5 million. This proposal includes those funds for retention, recruitment, training, scholarships, and incentive for re-location so it makes sense based on the criteria that has been established. So the intent was to take these funds and put them in the criteria that make most sense for the project. Now the next question is, where does Kearney come up with $6.7 million. First and foremost, the first couple years there would be $1.5 or $1.6 million out of the special sales tax. Also, the City acquired at no cost a few years ago during the bankruptcy the Pramac facility. Fifty percent of that is owned by the Development Council. The City is proposing to sell, at assessed valuation, that portion of the building back to the Development Council for $1.5 million when those funds are needed which brings us over $3 million in the first two or three years which is

15 June 11, 2013 Special Meeting Page 3 important for the infrastructure. The remaining funds are out of water/sewer fund surpluses. He affirmed that they are adhering to the targeted goal of 25 percent on all fund balances including general fund balance, water/sewer, and refuse. Kearney budgets very conservatively and this is an opportunity when people refer to a rainy day fund or a rainy day project, this is the project that is deserving of these funds. Kearney will still meet all the obligations that it has talked about in the annual budget, meet all the special sales tax projects that are proposed. Kearney will issue a little more debt, not significantly in the first few years to free up some funds. So these are really targeted fund categories based on the criteria that the State has mentioned. They also left discretion with the State to say that if you want to move any of these funds in another category, that is certainly your discretion. Kearney has a proposal that takes care of workforce, takes care of the necessary land and any enhancements they requested. It provides for a Veterans home in a very safe community, combined with our low violent crime rate and combined with the new fire station being built a few blocks away. And finally, Kearney is bringing them an operation plan that is going to reduce their operation costs meeting all the major points across the board. Darren Robinson has worked tirelessly on this project and has done a great job and all involved are very proud of this project. It reflects a great economic development project. Council Member Lammers congratulated the staff on such a fine job of putting this proposal together. There has been a lot of work put in by a lot of different people to try and come up with this proposal and appreciate all their efforts. Economic Development Director Darren Robinson stated he wanted to go back over the economic impact. Nebraska Public Power economist Ken Lempke put together the economic impact which reflected $38 million a year for their Veterans Home project. That did not account for the $120 million in construction jobs and cost so within ten years you are looking at a half billion dollar impact, within 20 years you are looking at close to a billion dollars of economic impact. The 400 jobs that are going to be created are primarily medical so you could not find a better synergy then the Allied Health programs that are going on at the University plus those programs are being expanded and a tremendous fit with UNMC with the new campus there. Council Member Buschkoetter asked if there was an area that staff believed Kearney lacked in compare to the other proposals. City Manager stated they know of some of the amounts but do not know how the categories are funded. The idea was to provide a reasonable amount for the different categories. They do not reflect things that are above and beyond, they just did not determine a number and say we will give them X. Kearney looked at what the project criteria was, how it was established, and what the needs were based on visiting the other sites. They learned a lot about some of the things they wanted and Mayor Clouse was involved in that along with Dick Pierce, Darren Robinson and others. This is a rare opportunity to find a project that fits so well within this community that is consistent with the economic development that Kearney already has, the quality jobs, how it recruits jobs and then the nursing program. More importantly, the number that is surprising is ten percent of the students at UNK are enrolled an Allied Health fields.

16 June 11, 2013 Special Meeting Page 4 City Manager stated on a general basis during the budget, Kearney has established a minimum fund balance and the Finance Director evaluates that each year and staff looks at those fund balances based on capital needs and other things and make certain it meets those targeted funds balances. They are generally a little higher than what other cities even have at the 25 percent. One of the reasons in the general fund is the property taxes are low in Kearney and with this project has the second lowest property tax in the State of Nebraska for first class cities and above. The funds balances are in great shape. The fund balance in the special sales tax is also met. They are only able to do that because it is over a longer period of time and they had some ability to gain some revenue with the sale of the Pramac facility early on, that made a huge difference of $1.5 million. Citizens could trust in the fact that Kearney continues to maintain and be conservative. There is still the flexibility that there is nothing in the proposal that says, for example, if Kearney has a great year in sales tax, it could move more money out of special sales tax and leave reserves even where they need to be or actually higher than they need to be. There is that flexibility and the State is not really interested in that. The Finance Director ran the usually tests over 23 years, evaluated it and determined that the fund balances do they make sense and are able to accomplish that. Some of the revenues are in the form of reductions and utilities fees. Mayor Clouse asked to share a little bit about the site and the infrastructure that is in place and how Kearney has gotten there over time; the work done with Project Edge, etc. City Manager stated with regard to Project Edge they investigated the entire 56th Street corridor, they looked at power, water, sewer and paving. Fortunately, the water and sewer was already completed, the paving is going to be completed in the next few months. Cherry Avenue will be completed by December 2015 so the entire road infrastructure has been completed but it was already planned to be completed. The same thing with Project Edge, Kearney had a great site and a great area and it was fortunate the federal government basically gave Kearney the land. The site is in excellent shape. The airbase was an important part of this community and this project fits well; it is next to the Armory. Kearney is fortunate to have this site it is not in 100- year floodplain and ready to be developed. Council Member Nikkila asked about the federal government s role. What if the federal government decides not to make the appropriation this year. Does the bidding process restart in following years. City Manager stated he was not sure but the proposal asked to include language that the bid is good for one year. Kearney included language that its proposal was good for five years. This is a $121 million project and Kearney proposes less than $10 million in real cash; $8.7 million is less than eight percent. The airport projects are ten percent contribution so in fairness to the State of Nebraska they had to raise all of their money at once. Council Member Nikkila stated he has talked to a lot of people about this in the community and people are really excited for the chance to serve the Veterans, have them here in Kearney and we will honor them and make them part of the community. Mayor Clouse stated that one of the items in the presentation is the pictures shown in the 40 s and 50 s at that particular site having the barracks as well as the historical significance.

17 June 11, 2013 Special Meeting Page 5 City Manager thanked the City staff that has been working very hard on this, as well as Darren Robinson, the Chamber and Buffalo County. Council Member Lear stated that he has never seen the City make the financial commitment that is being made to the State Veterans Home. It is a lot of pushing and pulling that has to be done to carve out these funds and make them work. Mayor Clouse wanted to emphasis no new taxes, no tax increases. Council Member Lammers stated it is a tremendous fit for the community too with the medical community and the educational community that it has to continue long term. There will continue to me more nurses and staff to be able to keep the place up and going. It is a tremendous fit. Bob Harpst stated he was on this committee to help draft this proposal and it was an honor to be there. He wanted to thank Darren Robinson for all of his help. On behalf of all the veterans in Buffalo County, the whole area, and the whole state he wanted to thank the City of Kearney for drafting this proposal. In an era where many of our elected officials are not really high on lists, he has never been more proud of a group of elected officials in my life. Moved by Lammers seconded by Nikkila to adopt Resolution No authorizing proposed funding to support the construction of a new Central Nebraska Veterans Home in Kearney, Nebraska. Roll call resulted as follows: Aye: Clouse, Lear, Nikkila, Lammers, Buschkoetter. Nay: None. Motion carried. RESOLUTION NO WHEREAS, Nebraska currently has four Veterans Homes located in Grand Island, Bellevue, Norfolk and Scottsbluff; and WHEREAS, in 2013 the State of Nebraska announced it would construct a new Central Nebraska Veterans Home and has solicited proposals from cities in central Nebraska for its location; and WHEREAS, the City of Kearney will be submitting a proposal that Kearney be selected as the best site for the construction of the new Veterans Home in central Nebraska; and WHEREAS, as a requirement of the proposal, the City of Kearney will include a statement of financial support for the Central Nebraska Veterans Home and to designate the City Manager as the authorized official. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney commits itself to providing financial support for the site for the construction of the Central Nebraska Veterans Home not to exceed $6,700,000 plus additional services including utility rate reductions, free burial for residents, and site snow removal. BE IT FURTHER RESOLVED that the City Manager be and is hereby designated as the authorized official. BE IT FURTHER RESOLVED that this proposal is valid for a period of five years from the date of submission, June 11, 2013.

18 June 11, 2013 Special Meeting Page 6 PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR ADJOURN Moved by Nikkila seconded by Lear that Council adjourn at 10:28 a.m. Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion carried. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

19 Kearney, Nebraska June 11, :00 p.m. A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on June 11, 2013, in the Council Chambers at City Hall. Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Bob Lammers and Jonathan Nikkila. Absent: Bruce Lear. Michael Morgan, City Manager; Michael Tye, City Attorney; Wendell Wessels, Director of Finance; Suzanne Brodine, Assistant City Manager/Development Services Director; Kirk Stocker, Director of Utilities; Rod Wiederspan, Director of Public Works; Dan Lynch, Chief of Police; and Shawna Erbsen, Administrative Services Director were also present. Some of the citizens present in the audience included: Chris Riha, Marvion Reichert, Craig Bennett, Jane Musil, Donna Murphy, Karen Worman, Mike Klaus, Steve Altmaier from KGFW Radio, Adam Konruff from Kearney Hub. Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes. Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes. Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council. All proceedings hereafter shown were taken while the meeting was open to the attendance of the public. SILENT PRAYER The Council held a moment of silent prayer. PLEDGE OF ALLEGIANCE I. ROUTINE BUSINESS The Council members led the 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 POLICE DEPARTMENT VOLUNTEER PROGRAM Records Supervisor Jane Musil from the Kearney Police Department recognized the following chaplains: Robert Fitzgerald, John Gosswein, Jerry Ness, Bobby Payne, Dean Pofahl, Marvin Valdois. The following senior volunteers were recognized: Jerry Bittman, who is new this year, Iola and Myron Fougeron-husband and wife, Elaine Knaus, Milt Kotrc, Mary Kulhanek, Aaron Lackey, Donna Murphy and Ruth Sajevic. Donna Murphy stated the senior volunteer program began at the Police Department in They have volunteered several thousands of hours over the years. This year they volunteered

20 June 11, 2013 Page 2 1,585 hours which amount to $19,020. Some of the duties they do include: data entry of parking tickets, reports in numerical order, filing, and parking ticket postcards. II. UNFINISHED BUSINESS There was no Unfinished Business. III. PUBLIC HEARINGS FINAL PLAT FOR KEARNEY EAST VIAERO SUBDIVISION; SOUTH OF UNION PACIFIC RAILROAD AND WEST OF CHERRY AVENUE Public Hearings 1 and 2 were discussed together but voted on separately. Mayor Clouse opened the public hearing on the Application submitted by NE Colorado Cellular, Inc., dba Viaero Wireless (Applicant) and Cabela s, Inc. (Owner) for the Final Plat for Kearney East Viaero Subdivision, a subdivision being part of the South Half of the South Half of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (south of Union Pacific Railroad and west of Cherry Avenue) and to consider Resolution No Planning Commission recommended approval of the final plat. Viaero Wireless has been working with the City to locate a 120-foot tall telecommunications tower east of town near the industrial tracts. Several options for siting the tower were discussed at multiple DRT meetings. The selected site is located south of Cabela s on the south side of the Union Pacific Railroad tracks and on the west side of existing Cherry Avenue. There is a small triangular parcel of land that is owned by Cabela s and was separated from the rest of the site when the highway and the railroad were built long ago. Cabela s has no use for the site. The property is described by metes and bounds only, so a subdivision is required. The property is zoned M-2 and no rezoning is required, but a Conditional Use Permit (CUP) is required. The following comments are provided to summarize the project. The tower location is in close proximity to the Airport and the runway approach zone. City Code requires an approval letter from FAA as part of the CUP application and the applicant has provided the letter. There was discussion about lighting the tower or painting the tower to enhance visibility but the FAA does not require either. Viaero contacted the County to make sure the access driveway location is acceptable. The County referred them to the City since the property is in City limits. The City does not have a problem with the access location. This will not be a shared access. After the new East Kearney Bypass is completed in its offset location from existing Cherry Avenue, the new highway will become Nebraska State Highway 10 and old Cherry Avenue will become a local access road. Old Cherry Avenue will be closed where it crosses the UP Railroad and a turnaround will be constructed on the south side of the tracks. Consequently, access to the Viaero site will be from the south.

21 June 11, 2013 Page 3 City services are available, but the developer is not requesting water and sewer service. Electric service is provided by NPPD. Only need 100 amp service but will wire for 200 amp based on Viaero s request. Capacity for co-locators will be provided as required by Code. Landscaping is required for telecommunications towers. Generally some evergreen trees such as pines or spruces around the base of the tower are acceptable. A landscape plan is required as part of the CUP application but was not submitted. Mr. Riha asked the Planning Commission if they want Viaero to plant trees or can they put up a decorative fence in lieu of the trees? Viaero would rather put up a fence instead of planting trees because then they would not have to worry about getting water to the trees. The Code does say that a decorative fence is an alternative if the Planning Commission and the Council believe that it adequately screens the tower. The City Planner had recommended landscaping and provided a mark-up showing some trees on the east and west sides of the site. The Commissioners agreed that landscaping is preferred over fencing. Viaero will install a security fence regardless of having a decorative fence or landscaping since all of Viaero s sites have a security fence around them. The Planning Commission motion for approval of the CUP is subject to providing three trees on the northwest side of the property; the wood fence is optional. The Commissioners further specified trees that would be hardy and at maturity, would stand at least 20 feet tall and they must be 5 to 6 feet tall at the time of planting. The City Planner suggested Colorado Blue Spruce, Austrian Pine or Concolor Fir; any of those varieties are going to get 30 to 40 feet tall and 15 to 20 feet wide. As in the past with other Viaero installations, a complete and thorough package of information has been provided that addresses all the CUP requirements for this development. The addition of this tower to the Viaero network will provide improved cellular service for Viaero customers in the industrial area, including Cabela s, Eaton, Baldwin, other businesses in the area and the Airport. Chris Riha from Viaero Wireless presented this matter to the Council. He stated Viaero Wireless is proposing a telecommunications tower site south of Highway 30 south of Union Pacific Railroad tracks just on the west side of the existing Cherry Avenue. It is a triangle shaped lot and it is currently owned by Cabelas. They have a real estate contract that is contingent on local, state, federal governmental approval. He provided a simulation picture taken from the existing Cherry Avenue looking west for 120-foot lattice tower with an aggregate building, a back-up generator that will be fueled with 1,000 gallon propane tank that will be buried. They will have access to the site right off of the old Cherry Avenue. He met with NDOR to make sure Viaero was not going to interfere with their development plans along with any others that the railroad might have for another spur. He met with the airport personnel and they have FAA approval. They will basically set this tower 120 feet off of the NPPD s transmission line that is on the west side of Cherry Avenue. A driveway will be on the south side of their lot going into their chain link secured fence. They are trying to improve this area of town for frequency strength; it will have building penetration to not only Cabela s but also Eaton s, Baldwins, DeKalb, and Monsanto.

22 June 11, 2013 Page 4 They are trying to eliminate or get by with less landscaping for the mere fact that it is in an M-2 zone. They proposed to Planning Commission to put up a decorative fence such as the wooden fence they have on its west retail stores site by the west campus and basically they did not approve that. They are still recommending landscaping on the west side since that is the side to be observed from the new Cherry Avenue overpass. Viaero wanted to go with the wooden fence decorative fence instead just for the mere fact that to get the three trees up and going for a year will take quite a bit of water and man power. City Manager Michael Morgan stated City Code is not discretionary on that it is specific which is why Planning Commission ruled against that. Council Member Lammers stated the tower is relatively close to the airbase and there are height restrictions. He asked if Viaero was as close to the boundary as they can be in that direction. Mr. Riha stated if they go any further east they will be at the landing and takeoff zones and their approach zones. There was an old landing strip that ran from northeast to southwest but that does not exist anymore. Council Member Nikkila asked if this was replacing an existing tower. Mr. Riha stated this is a new tower. The closest tower they have is in the Buffalo County fairgrounds. And that does pretty well; gives them good frequency strength for that area but they want better strength to get into some of those manufacturing buildings. Another nice thing about this project is Cabela s does not have a use for this little triangle property so they have been really to get along with and to negotiate. Council Member Lammers asked if there was room for others to co-locate. Mr. Riha stated yes there is room and by code there has to be two others to co-locate in that. They can extend the chain link fence to add another aggregate building. This will also help Viaero get the town 4-G ready. There was no one present in opposition to this hearing. Moved by Lammers seconded by Nikkila to close the hearing and adopt Resolution No approving the Application submitted by NE Colorado Cellular, Inc., dba Viaero Wireless (Applicant) and Cabela s, Inc. (Owner) for the Final Plat for Kearney East Viaero Subdivision, a subdivision being part of the South Half of the South Half of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (south of Union Pacific Railroad and west of Cherry Avenue). Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. Motion carried. RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of Kearney East Viaero Subdivision of Buffalo County, Nebraska for a tract of land being part of the South Half of the South Half of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M, Buffalo County, Nebraska, lying south of the Union Pacific Railroad right-of-way and more particularly described as follows: beginning at the southeast corner of said South Half of the South Half of the Northeast Quarter of Section 32 and the east line of said Northeast Quarter as bearing S E and all bearings contained herein are

23 June 11, 2013 Page 5 relative thereto; thence S W on the south line of said Northeast Quarter a distance of feet to the south right-of-way line of the Union Pacific Railroad; thence N E on said south right-of-way line a distance of feet to the east line of said Northeast Quarter; thence S E on said east line a distance of feet to the Point of Beginning, containing 0.32 acres more or less, of which 0.07 acres more or less are being used for County Road purposes along the east side, Buffalo County, Nebraska duly made out, acknowledged and certified, and the same hereby is approved in accordance with the terms and requirements of Sections through inclusive, R.R.S (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska. BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR ORDINANCE NO CONDITIONAL USE PERMIT TO VIAERO WIRELESS AND CABELA S; SOUTH OF UNION PACIFIC RAILROAD AND WEST OF CHERRY AVENUE Public Hearings 1 and 2 were discussed together but voted on separately. Mayor Clouse opened the public hearing on the Application submitted by NE Colorado Cellular, Inc., dba Viaero Wireless (Applicant) and Cabela s, Inc. (Owner) for a Conditional Use Permit to locate telecommunications tower site on property zoned District M-2, General Industrial District and described as a tract of land being part of the South Half of the South Half of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (south of Union Pacific Railroad and west of Cherry Avenue) and to consider Ordinance No Planning Commission recommended approval subject to providing a Landscape Plan showing at least three conifer-type trees on the northwest side of the property; the wood screening fence is optional. The trees will be hardy, and at maturity will stand at least 20 feet tall, and they must be 5 to 6 feet tall at the time of planting. There was no one present in opposition to this hearing. Moved by Nikkila to close the public hearing on the Application submitted by NE Colorado Cellular, Inc., dba Viaero Wireless (Applicant) and Cabela s, Inc. (Owner) for a Conditional Use Permit to locate telecommunications tower site on property zoned District M-2, General Industrial District and described as a tract of land being part of the South Half of the South Half of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (south of Union Pacific Railroad and west of Cherry Avenue) subject to providing a Landscape Plan showing at least three conifer-type trees on the northwest side of the property; the wood screening fence is optional. The trees will be hardy, and at maturity will stand at least 20 feet tall, and they must be 5 to 6 feet tall at the time of planting and introduced Ordinance No.

24 June 11, 2013 Page 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, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. 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, Lammers, Buschkoetter, Nikkila. Nay: None. Lear absent. 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 YOUNES CENTER SECOND ADDITION; SOUTH OF TALMADGE STREET EAST OF 10TH AVENUE Public Hearings 3 and 4 were discussed together but voted on separately. Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett (Applicant) for MJ Developments, LLC (Owner) for the Final Plat for Younes Center Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of Government Lot 6 in Section 11, and part of the North Half of the Northeast Quarter of Section 14, all in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of Talmadge Street east of 10th Avenue) and to consider Resolution No Planning Commission recommended approval. The applicant is requesting approval of the Final Plat for a subdivision to be known as Younes Center Second Addition as well as annexation of the property containing acres. The Preliminary Plat was approved by Planning Commission on May 17, This parcel of land is located between Talmadge Street and Interstate 80, west of the Younes motel campus. This parcel is primarily water as it contains the existing sandpit lake that many local people refer to as The DX Pits. The Owner has been working with City staff to find a way to extend Talmadge Street further west. The Planning Commission and City Council have discussed the importance of this roadway extension for several years. At the current time, Talmadge Street provides the sole access point to the Younes motel campus and a second access point is needed, especially for emergency vehicle response, but also as a general circulation improvement in this area.

25 June 11, 2013 Page 7 There has been some misunderstanding of comments made at the Planning Commission meeting in regards to the Talmadge Street extension. Some people seem to think that Talmadge Street will be extended to Kea West soon, possibly even this construction year. This is not the case. The long-range plan is to extend Talmadge Street incrementally to the west to eventually tie into Kea West Avenue. There is no set time frame or deadline for the completion of Talmadge Street to Kea West Avenue. City staff, the Younes partners and the Buffalo County Highway Department have been working together to develop a plan to extend Talmadge Street. The first leg of the roadway extension will push Talmadge Street paving approximately 535 feet west of the current terminus. The platting of this subdivision is a key factor enabling the paving extension. The City has retained a consultant to develop plans for the street extension. Necessary right-of-way, 66-feet in width, will be negotiated in the future with property owners further west based on the final plans. The majority of the street as it extends west will initially be all-weather gravel surfaced, but will eventually be paved to City standards, over time, as sections of the street become annexed in the future. Once again, please note; at this point there is no set timeline for the phasing or completion of the road improvements extending Talmadge Street out to Kea West Avenue, however progress is being made. In order to create improvement districts for paving, the property in question is required by State law to be located within the corporate boundary of the City. Therefore, this property is being placed in a subdivision and annexed into the city limits. Improvement districts for paving, municipal water, and sanitary sewer can then be created for the 535 foot long extension of Talamdge Street. Money generated from Tax Increment Financing (TIF) by the Community Redevelopment Authority (CRA) will be used to pay for a portion of the improvements for this section of the roadway. Twenty percent (20%) of all future TIF dollars generated in the Younes campus will be reserved for additional Talmadge Street improvements. Craig Bennett from Miller & Associates presented this matter to the Council. The purpose of this plat is primarily for the purpose of annexing in Talmadge Street. He provided a drawing that showed the future connection or potential location of Talmadge Street and this extension so this is part of a bigger project to extend some of the paving on Talmadge Street located along the north side of this proposed subdivision. The property is currently zoned C-2/PD and so the purpose of this subdivision is to create a plat by which they can annex this into the City limits and do improvements on Talmadge Street. So while they are improving Talmadge Street they will also be improving that infrastructure for water and sanitary sewer. This final plat is a 1-lot subdivision and is approximately 40 acres. Karen Woerman, 1712 West 14th Street Place, asked if they have a plan for what the development is going to be of that area. Mayor Clouse stated at this stage there is no requirement, this is just the preliminary. Mr. Bennett stated at this particular time it is more of a procedural process; just the plat and no planned development at this particular time. Ms. Woerman stated she did not know if it was just residential or more motels.

26 June 11, 2013 Page 8 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 Craig Bennett (Applicant) for MJ Developments, LLC (Owner) for the Final Plat for Younes Center Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of Government Lot 6 in Section 11, and part of the North Half of the Northeast Quarter of Section 14, all in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of Talmadge Street east of 10th Avenue). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Nikkila, Lammers. Nay: None. Lear absent. Motion carried. RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of Younes Center Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of Government Lot 6 in Section 11, and part of the North Half of the Northeast Quarter of Section 14, all in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Beginning at the northwest corner of Lot 1, Interstate Fifth Addition to the City of Kearney, Buffalo County, Nebraska, and assuming the west line of said Lot 1 as bearing S02 39'31"W and all other bearings shown hereon relative thereto; thence S02 39'31"W on said west line a distance of feet to the southwest corner of said Lot 1; thence N88 31'49"E on the south line of said Lot 1 and the south line of Lot 2, Block One, Interstate Third Addition to said City (also the south line of said Section 11 and the north line of said Section 14) a distance of feet to a point on the West line of Lot 1, Block Two, of said Interstate Third Addition; thence S14 04'16"W on said West line a distance of feet to a point on the Northerly right-of-way of Interstate Highway No. 80; thence west-southwesterly along said northerly right-of-way and a non-tangent curve to the right, having a central angle of 21 01'32", a radius of feet, an arc length of feet and a chord bearing of S82 02'17"W with a distance of feet; thence N87 15'58"W continuing on said northerly right-of-way tangent to said curve a distance of feet; thence N85 36'43"W continuing on said northerly right-of-way a distance of feet to a point on the west line of said Northeast Quarter; thence N01 08'38"W on said west line a distance of feet to the northwest corner of said Northeast Quarter, said point also being the southwest corner of said Government Lot 6; thence N00 24'29"E on the west line of said Government Lot a distance of feet to a point on the southerly right-of-way of Talmadge Street as platted in said City; thence S87 20'25"E on said southerly right-of-way a distance of feet to the Point of Beginning, containing 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.

27 June 11, 2013 Page 9 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 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR ANNEXATION OF YOUNES CENTER SECOND ADDITION; SOUTH OF TALMADGE STREET EAST OF 10TH AVENUE Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett (Applicant) for MJ Developments, LLC (Owner) for the annexation of Younes Center Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of Government Lot 6 in Section 11, and part of the North Half of the Northeast Quarter of Section 14, all in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of Talmadge Street east of 10th Avenue) and to consider Resolution No Planning Commission recommended approval. There was no one present in opposition to this hearing. Moved by Lammers seconded by Nikkila to close the hearing and adopt Resolution No approving the Application submitted by Craig Bennett (Applicant) for MJ Developments, LLC (Owner) for the annexation of Younes Center Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of Government Lot 6 in Section 11, and part of the North Half of the Northeast Quarter of Section 14, all in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of Talmadge Street east of 10th Avenue). Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. Motion carried. RESOLUTION NO WHEREAS, an Application has been submitted by Craig Bennett (Applicant) for MJ Developments, LLC (Owner) for the inclusion of Younes Center Second Addition, an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lot 6 in Section 11, and part of the North Half of the Northeast Quarter of Section 14, all in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Beginning at the northwest corner of Lot 1, Interstate Fifth Addition to the City of Kearney, Buffalo County, Nebraska, and assuming the west line of said Lot 1 as bearing S02 39'31"W and all other bearings shown hereon relative thereto; thence S02 39'31"W on said west line a distance of feet to the southwest corner of said Lot 1; thence N88 31'49"E on the south line of said Lot 1 and the south line of Lot 2, Block One, Interstate Third Addition to said City (also the south line of said Section 11 and the north line of said Section 14) a distance of feet to a point on the West line of Lot 1, Block Two, of said Interstate Third Addition; thence S14 04'16"W on said West line a

28 June 11, 2013 Page 10 distance of feet to a point on the Northerly right-of-way of Interstate Highway No. 80; thence west-southwesterly along said northerly right-of-way and a non-tangent curve to the right, having a central angle of 21 01'32", a radius of feet, an arc length of feet and a chord bearing of S82 02'17"W with a distance of feet; thence N87 15'58"W continuing on said northerly right-of-way tangent to said curve a distance of feet; thence N85 36'43"W continuing on said northerly rightof-way a distance of feet to a point on the west line of said Northeast Quarter; thence N01 08'38"W on said west line a distance of feet to the northwest corner of said Northeast Quarter, said point also being the southwest corner of said Government Lot 6; thence N00 24'29"E on the west line of said Government Lot a distance of feet to a point on the southerly right-of-way of Talmadge Street as platted in said City; thence S87 20'25"E on said southerly right-of-way a distance of feet to the Point of Beginning, containing acres, more or less, Buffalo County, Nebraska; and WHEREAS, the Kearney City Planning Commission has received and held a public hearing on May 17, 2013 on the inclusion of Younes Center Second 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 Younes Center Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska; and WHEREAS, a public hearing was held by the Kearney City Council relating to said application on June 11, 2013 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 Younes Center Second 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 Younes Center Second Addition within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR VACATE LOT 9, GRANDVIEW ESTATES TENTH AND FINAL PLAT FOR GRANDVIEW ESTATES ELEVENTH Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett (Applicant) for The School District of the City of Kearney, Buffalo County, Nebraska (Owner) for the following: (1) to vacate Lot 9, Grandview Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska and to consider Ordinance No. 7812; and (2) the Final Plat for Grandview Estates Eleventh, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being a part of the

29 June 11, 2013 Page 11 North Half of the Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (46th Street Place west of Avenue R) and to consider Resolution No Planning Commission recommend approval. Kearney Public Schools is seeking approval to plat eight single-family lots on a cul-desac street east of Sunrise Middle School. The parcel is located north of East 45th Street, west of East 46th Street Place and Avenue R. The overall parcel is 330 feet x 400 feet or 2.75 acres and is zoned appropriately as R-1. These lots will be used by the Construction Technology class at Kearney High School to build the houses. The overall parcel was previously platted as one large lot, Lot 9 of Grandview Estates Tenth Addition, which must be vacated to allow the proposed eight-lot subdivision. These lots will mirror the lots directly to the north which are Lots 1-8, Grandview Estates Tenth. The lots were preliminary platted previously on July 20, 2007 by the Planning Commission. Only a final plat is required now. City utilities are available. An 8-inch City water main is available in Avenue R. An 8-inch City sanitary sewer main is also available in Avenue R. Proposed public improvements will be constructed by improvement districts. A 10-foot storm sewer main easement along the east side of the lot just west of Avenue R and south of 46th Street Place is shown on the plat in order to obtain the required 10- foot separation between the existing water main and the proposed storm sewer main. Storm water management is required. The property drains west to east to existing inlets in the Avenue R right-of-way. There is a 20-foot platted drainage easement on the north side of the development. There is a 24-inch RCP pipe on the south side of the lot across from 45th Street Place. Craig Bennett from Miller & Associates presented this matter to the Council. He was representing the School District for the City of Kearney. This area is located in the northeastern part of Kearney, with Sunrise Middle School nearby. On the east side is Avenue R; 46th Street Place when extended in this plat will go into this parcel. This parcel is only 3 acres and is currently zoned R-1 and they are not asking for rezoning of this property, R-1 is appropriate. There is a vacation required which is Lot 9. Originally when this was platted it looked very similar to adjacent property which the school has built houses. It currently has water infrastructure available to it. It has sanitary sewer also available which would be extended in as well as storm water. There is a detention cell that was created with the overall platting process so there is no on-site detention required for this 3-acre subdivision. This will be an 8-lot subdivision, looks very similar to what you would see on the north side. Council Member Nikkila stated that he believed this is a neat program and was glad they are continuing it. There was no one present in opposition to this hearing. Moved by Nikkila to close the public hearing and introduced Ordinance No on the application to vacate Lot 9, Grandview Estates Tenth Addition to the City of Kearney,

30 June 11, 2013 Page 12 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 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. Nay: None. Lear absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. 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, Lammers, Buschkoetter, Nikkila. Nay: None. Lear absent. 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 Clouse seconded by Lammers to adopt Resolution No approving the Final Plat for Grandview Estates Eleventh, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being a part of the North Half of the Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (46th Street Place west of Avenue R). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Nikkila, Lammers. Nay: None. Lear absent. Motion carried. RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of Grandview Estates Eleventh, a tract of land being a part of the North Half of the Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., City of Kearney, Buffalo County, Nebraska Lot 9, now vacated Grandview Estates Tenth, an Addition to the City of Kearney, Buffalo County, Nebraska, more particularly described as follows: Beginning at the northeast corner of Lot 10, Grandview Estates Tenth, an Addition to the City of Kearney, Buffalo County, Nebraska, and assuming the north line of said Lot 10 as bearing S89 27'23"W and all other bearings shown hereon relative thereto; thence S89 27'23"W on said north line a distance of feet to a point on the east line of Lot 11 and also the north line of Lot 10 (formerly the southwest corner of vacated Lot 9) in said Grandview Estates Tenth; thence N00 25'38"W on the east line of said Lot 11 a distance of feet to the southwest corner of Lot 5 in said Grandview Estates Tenth; thence N89 27'37"E on the south line of said Lot 5 and Lots 6 through Lot 8 inclusive a distance of feet to the southeast corner of said Lot 8 said point also being on the west right-of-way line

31 June 11, 2013 Page 13 Avenue "R" as platted in said City; thence S00 25'23"E on said west right-of-way line a distance of feet to the Point of Beginning, containing 3.03 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 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR SANITARY SEWER EASEMENT AND UTILITY EASEMENT; SOUTH OF 39TH STREET AND EAST OF BOX BUTTE AVENUE Mayor Clouse opened the public hearing on the proposed acquisition for a Permanent Sanitary Sewer Main Easement for the westerly 15 feet of Lot 1, Northeast Industrial Sixth Subdivision, Buffalo County, Nebraska and a Permanent Utility Easement for the easterly 10 feet of the westerly 25 feet of Lot 1, Northeast Industrial Sixth Subdivision, Buffalo County, Nebraska (south of 39th Street and east of Box Butte Avenue) and consider Resolution No Director of Utilities Kirk Stocker presented this matter to the Council. At the April 9, 2013 City Council meeting, the Council approved the Development Plans for Lot 1, Northeast Industrial Sixth Subdivision, and at the May 14, 2013 Council meeting, the Council approved the Development Agreement for the property. Lot 1, Northeast Industrial Sixth Subdivision is located on the south side of 39th Street and east of proposed Box Butte Avenue across from the Kearney Area Recycling Center. City water and paving need to be constructed in Box Butte Avenue to allow the property to develop. The property will pump wastewater to a gravity sewer main located west of the Recycling Center. The Owners, through the Development Agreement, agreed to the following: To annexation in the future. To pay for their share of a water main and paving to be constructed in Box Butte Avenue. To grant the City a Permanent Sanitary Sewer and Utility Easement to allow for a gravity sewer main to be constructed in the future. To waive their right to protest improvement districts abutting their property.

32 June 11, 2013 Page 14 The Owners have signed the Permanent Sanitary Sewer and Utility Easement. However, before the City can accept the easement, the City Council must conduct a public hearing on the matter. Nebraska Revised Statute requires that a City of the first class acquiring an interest in real property shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and a public hearing. There was no one present in opposition to this hearing. Moved by Lammers seconded by Nikkila to close the hearing and adopt Resolution No approving the proposed acquisition for a Permanent Sanitary Sewer Main Easement for the westerly 15 feet of Lot 1, Northeast Industrial Sixth Subdivision, Buffalo County, Nebraska and a Permanent Utility Easement for the easterly 10 feet of the westerly 25 feet of Lot 1, Northeast Industrial Sixth Subdivision, Buffalo County, Nebraska (south of 39th Street and east of Box Butte Avenue). Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. Motion carried. RESOLUTION NO WHEREAS, Section , R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and WHEREAS, the City Council has held a public hearing upon the proposed acquisition for a Permanent Sanitary Sewer Main Easement and a Permanent Utility Easement and voted in favor to proceed with the acquisition; and WHEREAS, Michael T. Meier, Co-Trustee of the Michael T. Meier Revocable Living Trust, dated June 22, 2012, Marta S. Meier, Co-Trustee of the Marta S. Meier Revocable Living Trust, dated June 22, 2012, AND Wendell R. Dubbs, Co-Trustee of the Wendell R. Dubbs Revocable Living Trust, dated June 20, 2012, Sally J. Dubbs, Co- Trustee of the Sally J. Dubbs Revocable Living Trust, dated June 20, 2012, have granted to the City of Kearney, Nebraska a Permanent Sanitary Sewer Main Easement and a Permanent Utility Easement as follows: PERMANENT SANITARY SEWER MAIN EASEMENT A tract of land described as the westerly 15 feet of Lot 1, Northeast Industrial Sixth Subdivision, a subdivision being part of the Northeast Quarter of the Northwest Quarter in Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska. PERMANENT UTILITY EASEMENT A tract of land described as the easterly 10 feet of the westerly 25 feet of Lot 1, Northeast Industrial Sixth Subdivision, a subdivision being part of the Northeast Quarter of the Northwest Quarter in Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Permanent Sanitary Sewer Main Easement and a Permanent Utility Easement granted by Michael T. Meier, Co-Trustee of the Michael T.

33 June 11, 2013 Page 15 Meier Revocable Living Trust, dated June 22, 2012, Marta S. Meier, Co-Trustee of the Marta S. Meier Revocable Living Trust, dated June 22, 2012, AND Wendell R. Dubbs, Co-Trustee of the Wendell R. Dubbs Revocable Living Trust, dated June 20, 2012, Sally J. Dubbs, Co-Trustee of the Sally J. Dubbs Revocable Living Trust, dated June 20, 2012 to the City of Kearney be and is hereby accepted and approved. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR IV. CONSENT AGENDA Moved by Nikkila seconded by Buschkoetter that Subsections 1 through 17 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. Motion carried. 1. Approve Minutes of Regular Meeting held May 28, Approve the following Claims: PS SMCS ER CO DS Personnel Services Supplies, Materials & Contractual Services Equipment Rental Capital Outlay Debt Service 3M $13, smcs; AAT $9, smcs; Achterberg,A $37.24 smcs; Acklie,K $31.25 smcs; Air Cleaning Technologies $ smcs; Alamar Uniforms $14, smcs; American First Aid $ smcs; Anderson Ford Lincoln $55, co; Ask Supply $ smcs; Baker & Taylor Books $4, smcs; Ballou,B $ smcs; Bamford $1, smcs; Blessing $192, co; Bluecross Blueshield $212, smcs; Bolling,H $31.95 smcs; Borer,H $21.38 smcs; Bosselman $33, smcs; Broadfoot's $ smcs; Brown Transfer $ smcs; Buckle $ smcs; Buffalo Co Treasurer $1, co; Buffalo Co. Register Deeds $ smcs; Builders Warehouse $2, smcs,co; Capital Business Systems $ smcs; Capstone Press $19.98 smcs; Carlson,B $25.43 smcs; Cash Wa $5, smcs; Casper/Natrona Co. $ smcs; Charter $ smcs; Chesterman $ smcs; Chief $ smcs; City of Ky $6, smcs,co; CNA Surety $40.00 smcs; Collison,G $75.00 smcs; Concierge Marketing $42.45 smcs; Consolidated Management $69.75 smcs; Construction Rental $ co; Copycat Printing $50.00 smcs; Crane River Theater $ smcs; Crouch Recreational $6, co; Cutter & Buck $1, smcs; Dakan,M $47.84 smcs; Depository Trust Comp. $207, ds; Dish $73.99 smcs; DPC Industries $6, smcs; Drake,M $35.00 smcs; Eakes $ smcs; Eirich,T $50.00 smcs; Elliott Equipment $ smcs; Engineered Systems $1, smcs; Eppers,J $40.26 smcs; Family Practice $ ps; Fiddelke $ co; Fischer,U $48.26 smcs; Footjoy $ smcs; Furby's Plumbing $ smcs; Gale $ smcs; Gangwish Turf $43.20 smcs; Gary Thompson Agency $46.00 smcs; GE Money Bank $3, smcs; Gear for Sports $ smcs; Glatter,D $35.00 smcs; Goloto,D $13.88 smcs; Green,C $59.27 smcs; Gudgel,T $34.84 smcs;

34 June 11, 2013 Page 16 H&H Distributing $1, smcs; Hanson,A $11.81 smcs; Hartman,J $8.19 smcs; Hest,C $5.44 smcs; Holiday Inn $ smcs; Hometown Leasing $ smcs; Hornady $2, smcs; Hotsy $18.01 smcs; ISG Infrasys $90.00 smcs; Jack Lederman $22.14 smcs; JJ Keller & Associates $ smcs; Johnstone Supply $ smcs; Jones,A $95.00 smcs; Jump A Roo $ smcs; Karr, Cody $15.59 smcs; Kart-Mart $ smcs; Ky Crete & Block $ smcs,co; Ky Hub $ smcs; Ky Realty $21.20 smcs; Ky Vistors Bureau $80, smcs; Kelly Electric $ co; King,S $77.45 smcs; Krull Insurance $1, smcs; Lambertus,S $ smcs; Larson,L $ smcs; Larue Distributing $83.60 smcs; Laser Art Design $ smcs; Laue,M $39.49 smcs; LCL Truck Equip $4, co; LECC $ smcs; Ledroit,N $1.88 smcs; Lewis,J $37.22 smcs; Lincoln Winwater $2, smcs; Loewenstein LLC $42.69 smcs; Lowe,R $ smcs; Magic Cleaning $1, smcs; Mail Express $5, smcs; Marlatt Machine Shop $3, smcs,co; Matheson Tri-Gas $44.73 smcs; MDI $2, smcs; Menards $6, smcs; Metal Doors $ smcs; Microfilm Imaging $ smcs; Midlands Contracting $13, co; Mid-NE Lubricants $ smcs; Midwest Mailing $ smcs; Milcon Environmental $4, smcs; Miller & Associates $4, co; Miller,A $ smcs; Miller,C $13.77 smcs; Morpho Trak $9, smcs; MPH Industries $ co; Municipal Supply $ smcs; National Alliance for Youth $ smcs; NE Dept Environmental $273, smcs,ds; NE Public Health $ smcs; NE Salt & Grain $ smcs; NE Truck Center $142, co; NE/DOL Boiler Inspection $72.00 smcs; Nebraskaland Distributors $1, smcs; New World Systems $2, smcs; NLETC $80.00 smcs; NMC Exchange $189, co; Northwestern Energy $3, smcs; NP Realty $ co; O'Keefe Elevator $ smcs; Olive Software $ smcs; Orduna,A $11.62 smcs; Overhead Door $ smcs; Panowicz,C $10.90 smcs; Paramount $ smcs; Pep Co. $50.00 smcs; Pioneer Manufacturing $87.90 smcs; Presto-X $ smcs; Random House $22.50 smcs; Ready Mixed Concrete $2, co; Recorded Books $1, smcs; Research Tech. $ smcs; Rothenberger,A $44.79 smcs; Sam's Club Direct $1, smcs; Scarlett,J $20.00 smcs; Sepers,C $90.04 smcs; Shopper, the $1, smcs; Sid Dillon $38, co; Slagle,J $27.68 smcs; Sokolowski,K $20.72 smcs; Sporting Edge $2, smcs; Springer Roofing $1, smcs; Starostka,D $50.30 smcs; State of NE/AS Central $3, smcs,co; Steinbrink Landscaping $18, smcs,co; Strategic Insights $ smcs; Sun Development $20.55 smcs; Sun Life Financial $62, smcs; Tacha,J $50.00 smcs; Teahon,K $6.10 smcs; Theis,J $30.00 smcs; Tielke's Sandwiches $ smcs; Titleist $3, smcs; Tour Edge $1, smcs; Toyne $69.70 smcs; Tracy,Z $15.13 smcs; Trade Well Pallet $2, smcs; Tri-Cities Group $ smcs; Turfwerks $2, smcs; Uldrich,M $31.00 smcs; Van Diest $9, smcs; Vanderlinde,E $34.04 smcs; Vasquez,C $40.00 smcs; Verizon Wireless $1, smcs; Village Uniform $ smcs; Waggoner Plumbing $49.92 smcs; Wald & Co. $13, smcs; Walters Electric $3, smcs; Warren-T Plumbing $ smcs; Warrington,D $ smcs; Weins,R $ smcs; Whelen Engineering $ smcs; Payroll Ending $404, 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. Adopt Resolution No approving Change Order No. 1 showing an increase in the amount of $158, and Change Order No. 2 showing in increase in

35 June 11, 2013 Page 17 the amount of $1, submitted by Blessing, LLC and approved by Miller & Associates for the 2012 Part 6 Improvements Bid B consisting of Paving Improvement District No for 52nd Street from 3rd Avenue and terminating 761 feet west; Paving Improvement District No A for 3rd Avenue, a Road and Utility Easement, from the north line of 52nd Street to the north line of Oak Park Center and east in a Roadway and Utility Easement to the west line of 2nd Avenue; Paving Improvement District No for 56th Street from 2nd Avenue west to 6th Avenue. RESOLUTION NO WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2012 Part 6 Improvements Bid B consisting of Paving Improvement District No for 52nd Street from 3rd Avenue and terminating 761 feet west; Paving Improvement District No A for 3rd Avenue, a Road and Utility Easement, from the north line of 52nd Street to the north line of Oak Park Center and east in a Roadway and Utility Easement to the west line of 2nd Avenue; Paving Improvement District No for 56th Street from 2nd Avenue west to 6th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $158,361.73, as shown on Exhibit A and Change Order No. 2 showing an increase in the amount of $1,840.00, 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 ( ) $492, , , Contract Sum To Date $652, NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order Nos. 1 and 2, as shown on Exhibits A and B, be and are hereby accepted and approved. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 4. Adopt Resolution No approving Change Order No. 1 showing an increase in the amount of $27, submitted by Blessing, LLC and approved by Miller & Associates for the 2012 Part 6 Improvements; Phase 2 consisting of Paving Improvement District No for 56th Street from 2nd Avenue west to 6th Avenue. RESOLUTION NO WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2012 Part 6 Improvements; Phase 2 consisting of Paving

36 June 11, 2013 Page 18 Improvement District No for 56th Street from 2nd Avenue west to 6th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $27,602.00, as shown on Exhibit A attached hereto and made a part hereof by reference as follows: Original Contract Sum Change Order No. 1 ( ) $683, , Contract Sum To Date $710, 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, be and is hereby accepted and approved. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 5. Approve the application for a Special Designated License submitted by Alley Rose Inc. of Kearney, NE, dba Alley Rose in connection with their Class IK catering liquor license to dispense beer, wine and distilled spirits inside the Museum of Nebraska Art, 2401 Central Avenue on July 27, 2013 from 6:30 p.m. until 10:00 p.m. for a reception. 6. Adopt Resolution No approving Change Order No. 1 submitted by Blessing, LLC and approved by Miller & Associates for the 2012 Part 9 Improvements; CDGB Sidewalks in the Emerson School Area. RESOLUTION NO WHEREAS, Blessing, LLC of Kearney, Nebraska was the successful bidder for the 2012 Part 9 Improvements; CDGB Sidewalks in the Emerson School Area; and WHEREAS, the Department of Housing and Urban Development has modified the regulations for engineering and other professional services on Community Development Block Grants; and WHEREAS, the Nebraska Department of Economic Development, on behalf of HUD, has notified the City of Kearney of this change and recommend that services be contracted under a lump sum and hourly Not To Exceed for CDBG projects; and WHEREAS, Blessing, LLC of Kearney, Nebraska and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 changing the Contract Documents as follows: deleting Pages SGCGR-13 through SGCGR-16 from the bidding documents and in the Agreement between Owner and Contractor, and adding Pages SGCGR-13 R through SGCGR-19 R as shown on Exhibit A attached hereto and made a part hereof by reference as follows: Original Contract Sum $290,885.23

37 June 11, 2013 Page 19 Change Order No. 1 ( ).00 Contract Sum To Date $290, 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, be and is hereby accepted and approved. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 7. Adopt Resolution No accepting the proposals received for the purchase and installation of a playground structure for Fountain Hills Park and award the bid to Cunningham Recreation from Charlotte, North Carolina in the amount of $59, RESOLUTION NO WHEREAS, the City of Kearney has reviewed the Request for Proposals which were opened on May 21, 2013 for the purchase and installation of a playground structure for Fountain Hills Park; and WHEREAS, the City has recommended the proposal offered by Cunningham Recreation from Charlotte, North Carolina in the amount of $59, the purchase and installation of a playground structure for Fountain Hills Park be accepted as the lowest responsible proposal. However, the City reserves the right to reduce the overall cost of a selected proposal in advance of confirming the order by requesting modifications or deletions; and the City can also negotiate for the substitution of specific feature while remaining consistent with the design concept. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the recommendation submitted by the Park & Recreation Department is hereby accepted and approved, that Cunningham Recreation be and is the lowest responsible bidder for the purchase and installation of a playground structure for Fountain Hills Park to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Cunningham Recreation in the amount of $59, be and is hereby accepted. The City reserves the right to reduce the overall cost of a selected proposal in advance of confirming the order by requesting modifications or deletions; and the City can also negotiate for the substitution of specific feature while remaining consistent with the design concept. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 8. Approve the recommendation from the Development Services Division on the annual renewal of the following manufactured home court licenses until May 31, 2014: Countryside Mobile Park, th Avenue L & M Properties, 1110 Central Avenue

38 June 11, 2013 Page 20 Merriweather Mobile Home Village, 914 West 17th Street Van Vleet Trailer Court, th Avenue Woodriver Valley Mobile Home Park, 865 West 78th Street 9. Approve the recommendation from the Development Services Division on extending the current license for the following manufactured home courts: Cornhusker Mobile Home Park, 1115 Avenue C Cottonmill Mobile Home Court, 3635 Cottonmill Avenue East Lawn Mobile Homes Estates, 2900, 3010 Grand Avenue Schnase Trailer Court, nd Avenue Sunset View Mobile Home Court, 4664 West Highway 30 Valley View Mobile Home Court, 2701 Grand Avenue Westside Trailer Court, nd Avenue 10. Adopt Resolution No accepting the bids received for the 2013 Airport Asphalt Pavement Improvements and award the bid to JIL Asphalt from Grand Island, Nebraska in the amount of $58, for Bid A (Asphalt) and to Blessing Construction in the amount of $70, for Bid B (Concrete). RESOLUTION NO WHEREAS, the City of Kearney has reviewed the sealed bids which were opened on June 4, 2013 at 2:00 p.m. for the 2013 Airport Asphalt Pavement Improvements; and WHEREAS, the Engineer s Opinion of Probable Construction Cost for Bid A (Concrete) was $98, and for Bid B (Asphalt) was $60, for the said project; and WHEREAS, the City has recommended the bid offered by Blessing Construction of Kearney, Nebraska in the amount of $70, for Bid A (Concrete) be accepted as the lowest responsible bid for 2013 Airport Asphalt Pavement Improvements; and WHEREAS, the City has recommended the bid offered by JIL Asphalt of Grand Island, Nebraska in the amount of $58, for Bid B (Asphalt) be accepted as the lowest responsible bid for 2013 Airport Asphalt Pavement Improvements. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the City Engineer s recommendation is hereby accepted and approved, that Blessing Construction be and is the lowest responsible bidder for Bid A (Concrete) of the 2013 Airport Asphalt Pavement Improvements to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing Construction in the amount of $70, be and is hereby accepted. BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska that the City Engineer s recommendation is hereby accepted and approved, that JIL Asphalt be and is the lowest responsible bidder for Bid B (Asphalt) of the 2013 Airport Asphalt Pavement Improvements to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of JIL Asphalt in the amount of $58, be and is hereby accepted. BE IT FURTHER RESOLVED the City Engineer s Opinion of Probable Construction Cost for Bid A (Concrete) in the amount of $98, and for Bid B (Asphalt) in the amount of $60, be and is hereby accepted. BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for

39 June 11, 2013 Page 21 such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 11. 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 2013 on July 20, Parking on these public properties will be prohibited on July 20, 2013 beginning at 2:00 a.m. 12. Approve the request to temporarily close the parking lot located north of the Museum of Nebraska Art on June 21, 2013 from 6:00 a.m. until 10:00 a.m. for a fundraiser to benefit the Alzheimer s Association. 13. 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 July 20, 2013 from 12:00 p.m. until 12:00 a.m. for a reunion. 14. Approve the application for a Special Designated License submitted by Night Life Concepts, Inc., dba Cunningham s Journal in connection with their Class CK catering liquor license to dispense beer, wine and distilled spirits inside the Exposition Building and in an area what is designated on the diagram as a beer garden, demo arena and rodeo arena which is all adjacent to the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on July 25, 26, 27, 2013 from 12:00 p.m. until 1:00 a.m. and July 28, 2013 from 12:00 p.m. until 10:00 p.m. for the Buffalo County Fair. 15. Adopt Resolution No approving the Sidewalk Café License between the City of Kearney and Brick Street Enterprises, LLC, dba Tru Café located at 2100 Central Avenue. RESOLUTION NO WHEREAS, the owners of Tru Café in downtown Kearney have requested the City consider an agreement to allow them to open up a sidewalk café area adjacent to their business located at 2100 Central Avenue; and WHEREAS, a Sidewalk Café License has been prepared by the City Attorney setting forth the terms and conditions for the use of the City sidewalk. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Sidewalk Café License between the City of Kearney and Brick Street Enterprises, LLC, dba Tru Café for use of the City sidewalk adjacent to their

40 June 11, 2013 Page 22 business located at 2100 Central Avenue be and is hereby approved. The Sidewalk Café License, marked as Exhibit A is attached hereto and made a part hereof be reference. BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to execute the Sidewalk Café License on behalf of the City of Kearney. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 16. Adopt Resolution No approving the Interlocal Agreement between the City of Kearney and Buffalo County, Nebraska pertaining to the construction of Avenue M paving from 275 feet north of 1st Street to 11th Street. RESOLUTION NO WHEREAS, the City of Kearney and Buffalo County, Nebraska desire to improve Avenue M from 11th Street to 1st Street; and WHEREAS, the City of Kearney and Buffalo County, Nebraska will enter into an Interlocal Agreement that will address the financing of the relocation and construction costs. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to execute the Interlocal Agreement on behalf of the City of Kearney. A copy of the Agreement, marked as Exhibit A is attached hereto and made a part hereof be reference. PASSED AND APPROVED THIS 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR 17. Approve Resolution No A amending the resolution to correct the legal description on the final plat and Subdivision Agreement for Kearney Plaza Villas, an addition to the City of Kearney, Buffalo County, Nebraska (south of West Lincoln Park, west of Plaza Boulevard, north of LaCrosse Drive). RESOLUTION NO A BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of Kearney Plaza Villas, an addition to the City of Kearney, Buffalo County, Nebraska for Lots 1through 13, Tiffany Square Addition, an addition to the City of Kearney, Buffalo County, Nebraska, now vacated, and Lots 1 through 48, inclusive and Common Lot 49, Tiffany Square Second Addition, being a replat of Lot 14, Tiffany Square Addition, an addition to the City of Kearney, Buffalo County, Nebraska, now vacated with said Lot 14, Tiffany Square Addition, an addition to the City of Kearney, Buffalo County, Nebraska, also now vacated, all being part of the Southwest Quarter of the Northwest Quarter of Section 3, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:

41 June 11, 2013 Page 23 Referring to the Northeast Corner of the Southwest Quarter of the Northwest Quarter of Section 3 and assuming the North line of the Southwest Quarter of the Northwest Quarter of Section 3 as bearing S87 50 W and all bearings contained herein are relative thereto; thence on the North line of the Southwest Quarter of the Northwest Quarter of Section 3, S87 50 W a distance of feet to the ACTUAL PLACE OF BEGINNING, and point being the Northeast Corner of Common Lot 49, in said Tiffany Square Second Addition; thence continuing on the North line of the Southwest Quarter of the Northwest Quarter of said Section 3 and on the North line of said Common Lot 49, Tiffany Square Second Addition, S87 50 W a distance of feet to the Northwest Corner of said Common Lot 49, Tiffany Square Second Addition; thence leaving the North line of the Southwest Quarter of the Northwest Quarter of said Section 3, S00 04 W and on the West line of said Common Lot 49, Tiffany Square Second Addition a distance of feet to the Southwest Corner of said Common Lot 49, Tiffany Square Second Addition; thence on the South line of said Common Lot 49, Tiffany Square Second Addition, S89 56 E a distance of feet to the Southwest Corner of Lot 13, in said Tiffany Square Addition; thence on the South line of said Lot 13, Tiffany Square Addition, S89 56 E a distance of feet to a point of curvature; thence continuing on the South line of said Lot 13, Tiffany Square Addition and on a foot radius curve to the right forming a central angle of an arc distance of feet to the Southeast Corner of said Lot 13, Tiffany Square Addition; thence leaving said curve, non-tangent, N02 10 W and on the east line of said Lot 13, Tiffany Square Addition and on the East line of said Common Lot 49, Tiffany Square Second Addition a distance of feet to the place of beginning, containing 2.39 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 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 11TH DAY OF JUNE, ATTEST: MICHAELLE E. TREMBLY CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

42 June 11, 2013 Page 24 V. CONSENT AGENDA ORDINANCES ORDINANCE NO VACATE LOT 14, TIFFANY SQUARE ADDITION In September 2012 the Planning Commission recommended approval for the development of a senior housing project on the south side of West Lincoln Way Park. The project was granted final approval by the City Council on October 9, At that time several existing lots of record were vacated to accommodate the proposed housing project, including Lots 1 through 13 of Tiffany Square Addition and Lots 1 through 49 of Tiffany Square Second Addition. Apparently Lot 14 of Tiffany Square Addition should have also been included in the vacation but was not part of the vacation description provided to the City. The Buffalo County Register of Deeds noticed this error and is withholding the filing of the Final Plat until Lot 14 of Tiffany Square Addition is vacated. In essence, this vacation request is a house-keeping issue to allow the Final Plat to be filed. A revised Resolution No A must also be approved by Council as it amends the legal description on the Final Plat and in the Subdivision Agreement for Kearney Plaza Villas to bring everything into compliance. Council Member Buschkoetter introduced Ordinance No. 7813, being Subsection 1 of Agenda Item V vacating Lot 14, Tiffany Square Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of LaCrosse Drive, south of West Lincoln Way Park), 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 Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Buschkoetter, Nikkila, Lammers. Nay: None. Lear absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Nikkila, Lammers. Nay: None. Lear absent. Motion carried. Ordinance was read by number. Moved by Clouse seconded by Lammers that Ordinance No be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Lammers, Nikkila, Buschkoetter. Nay: None. Lear absent. 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.

43 June 11, 2013 Page 25 VI. REGULAR AGENDA OPEN ACCOUNT CLAIMS There were no Open Account Claims. VII. REPORTS Council members thanked the City staff, Buffalo County, and Darren Robinson with the Economic Development Council for all the work done in putting the proposal together for Project Honor. Mayor Clouse commended the Park & Recreation Department for the way the parks look. VIII. ADJOURN Moved by Buschkoetter seconded by Lammers that Council adjourn at 7:29 p.m. Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. Motion carried. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

44 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE Claims June 25, 2013 Page 1 Vendor Amount Purpose Vendor Amount Purpose 4Imprint $ smcs Carquest $2, smcs 911 Custom $5, co Casey's $ smcs A T & T $ smcs Cash-Wa $6, smcs Ace Eaton Metals $ smcs CDW Government $1, co Ace Hardware $ smcs Cellebrite USA $2, co Agrium Advanced $ smcs Central Auto Electric $ smcs Air Delights $ co Central Hydraulic $ smcs Alamar Uniforms $2, smcs Central NE Bobcat $40.00 smcs Albrecht, Helen $1, smcs Central States $2, co Alfred Benesch $ co Chesterman $2, smcs Al-Jon Manufacturing $25.80 smcs Chicken Coop $40.00 smcs All Makes Auto $2, smcs Chief Supply $82.49 smcs Allen, Jarrod $4.09 smcs City Glass $ smcs Alley Rose $30.65 smcs City of Kearney $10, co,ps Allied Electronics $ smcs City of Kearney $57, smcs Amazon $1, smcs,co Cocetti, Bob $57.82 smcs American $1, smcs Compasscom $50.00 smcs American First Aid $ smcs Computer Pros $ smcs Amsan $1, smcs Concierge Marketing $ smcs Anderson Brothers $ smcs Conseco $19.00 ps Appliance Service Center $ smcs Consolidated Management $ smcs ARC Services $1, smcs Consolidated Plastics $ smcs Ask Supply $3, smcs Construction Rental $ smcs,co Aurora Coop $ smcs Conyers, Gina $40.00 smcs Aussi Hydraulics $80.80 smcs Copycat Printing $1, smcs Baer, Eddy $73.60 smcs Cornhusker State Indust. $ co Baker & Taylor $4, smcs CPS $ smcs Bamford $ smcs Crossroads Ford $32.27 smcs Beacon Athletics $ smcs Culligan $ smcs Bells Construction $ co Cummins Central Power $ smcs Bennett, Dustin $24.05 smcs D&M Security $64.50 smcs Benson, Corey $4.16 smcs D&S Lighting $ smcs Bert Gurney & Associates $1, smcs Dairy Queen $20.00 smcs Big Apple Fun Center $20.00 smcs Dandee Concrete $2, co Blevins, Deb $ smcs Data Power Technology $ co Bluecross Blueshield $128, smcs Davis Instruments $ smcs Bohemian Café $ smcs Dawson Public Power $26, smcs Bosselman $27, smcs Day, Damon $2, smcs Broadfoot's $2, smcs Daylight Donuts $ smcs Bruha, Scott $ smcs Delahunty, Jerry $ smcs Bucky's Express $75.00 smcs Dell $7, smcs,co Buffalo Co. Register Deeds $52.00 smcs Dent Popper $ smcs Buffalo Co. Treasurer $18, smcs,co Depository Trust $3,209, ds Buffalo Outdoor $1, smcs Diamond Vogel $ smcs Builders $1, smcs,co Dish $69.65 smcs Buysm Sod $ smcs Divas Floral $35.00 smcs Carnes, Holly $ smcs Dogpoopbagscom $ smcs

45 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE Claims June 25, 2013 Page 2 Downing, Jim $73.60 smcs Internal Revenue Service $138, ps DPM Inc. $ smcs Jack Lederman $ smcs Dunbar, Stacey $ smcs Jamar Technologies $80.11 smcs Dutton-Lainson $38.95 smcs James, Dave $ smcs Eakes $ smcs Jimmy Johns $5.89 smcs Earl May $ smcs John Crane $2, smcs Eileen's Cookies $20.00 smcs John Deere Landscapes $91.36 co Elliott Equipment $2, smcs Johnson Controls $ smcs Emblem Enterprises $ ps Johnstone Supply $ smcs EMC Insurance $2, smcs K&K Parts $1, smcs Environmental Express $ smcs Kearney Concrete $ smcs Evers, Nicole $40.00 smcs Kearney Hub $3, smcs Expedia $14.00 smcs Kearney Crete & Block $ co Exxon Mobil $89.01 smcs Kearney Ampride $ smcs Fairbanks $1, smcs Kearney Animal Shelter $6, smcs Farmers Union Coop $46.00 smcs Kearney Cinema 8 $30.00 smcs Fastenal $1, smcs Kearney Clinic $1, ps Fireguard $ smcs Kearney Concrete $7, smc,co Fore Better Golf $ smcs Kearney Crete & Block $5, smcs,co Frontier $9, smcs Kearney Hub $1, smcs Gale $ smcs Kearney Power Sports $74.85 smcs Galeton Gloves $ smcs Kearney Volunteer Fire Dept $ smcs Galls $56.30 smcs Kearney Warehouse $ smcs Gangwish Turf $57.60 smcs Kearney Winlectric $ smcs Garrett Tires $4, smcs Kearney Winnelson $ smcs General Springs of Kansas $ smcs Kelly Supply $ smcs Getty Images $14.99 smcs Klaus, Mike $ smcs Glenproductscom $72.49 smcs Konica Minolta $80.77 smcs Graham Tire $ smcs Kring, Jeremy $ smcs Grainger $ smcs Kum & Go $82.00 smcs Granite City Tool $87.00 smcs La Quinta Inn $ smcs Greenwald, Lee $40.80 smcs Landmark Implement $ smcs Hach $ smcs Lawson Products $ smcs Hagerbaumer, Tiffany $4.49 smcs Leopold Painting $5, co Hardy, Garret $35.00 smcs Little Caesars $24.25 smcs Harley-Davidson $59.92 smcs Little Tikes $ smcs Hastings $20.00 smcs Lockmobile $11.70 smcs HD Supply $11, smcs Logan Contractors Supply $1, smcs Heartland Services $ smcs Luke, Derek $6.52 smcs Heggemeyer, Loren $24.07 smcs Lundeen-Isaacson $2, ps Hilti $ co Mac Tools $ smcs Hobby-Lobby $ smcs Magic Cleaning $2, smcs Holmes Plumbing $1, smcs,co Mail Express $82.62 smcs Hometown Leasing $ smcs Marlatt Machine Shop $1, smcs Hornung's Golf Pros $1, smcs Masek Golf Car $20.70 smcs ICMA Internet $ smcs Master Transportation $ co ICMA Retirement $3, ps Matheson Tri-Gas $1, smcs IMPA-HR $20.00 smcs Matsetccom $ smcs

46 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE Claims June 25, 2013 Page 3 Menards $4, smcs,co Party America $19.58 smcs Mid-NE Aggregate $ co Patterson, Byron $75.25 smcs Midwest Striping $16, smcs Paypal $ smcs,co Midwest Turf $26, smcs,co PCM-G $7, co Miller & Associates $46, smcs,co Pennsylvania Lime Works $ smcs Miller Signs $5, smcs,co Pep Co. $56.34 smcs Monoprice $ co Peters, Stacey $13.00 smcs Moonlight Embroidery $4, smcs PGA Member Info Services $ smcs Moore Roughouts $30.00 smcs Phillips, John $40.00 smcs Moore Wallace $ smcs Pierson, Francis $25.00 smcs Morris, Darrell $1, smcs Pilot $36.01 smcs Municipal Supply $1, smcs Pioneer Manufacturing $ smcs Nature-Watch $ smcs Pitney Bowes $ smcs Navigator Motorcoaches $ smcs Pizza Hut $56.54 smcs NCS Equipment $ smcs Planner Pads $55.89 smcs NE Child Support Pyt. Ctr. $2, ps Platte Valley Comm. $ co NE Dept of Aeronautics $ ds,er Prestige Group $ smcs NE Dept of Environmental $ smcs Presto-X $ smcs NE Environmental Products $ smcs Proactive Sports $ smcs NE Library Commission $6, smcs Provantage $1, smcs,co NE Machinery $1, smcs Quill $ smcs NE Public Health $17.00 smcs Rainbow Racing $ smcs NE Truck Center $3, smcs Rakutencom $ smcs Nevco $ smcs Random House $ smcs New World Systems $7, co Ready Mixed Concrete $21, smcs,co Newman Signs $ smcs Reams $ smcs,co Northgate Veterinary Clinic $ smcs Recognition Unlimted $ smcs,co Northwestern Energy $1, smcs Recorded Books $ smcs NRG Media $ smcs Redman's Shoes $ smcs NWEA $ smcs Reinke's $1, smcs Oaklund, Suzie $40.00 smcs Research Technology $1, smcs OCLC $ smcs Resource Management $5, smcs Office Depot $ smcs Rheome Tree $1, smcs Office Max $ smcs,co Rhode Island Novelty $ smcs Officenet $ smcs RMV Construction $118, co OG Gift Cards $ smcs Roper's Radiator $55.00 smcs O'Hara Lindsay & Assoc. $1, smcs Russell's Appliance $ smcs O'Keefe Elevator $1, smcs S&S Worldwide $ smcs Oncourt Offcourt $54.00 smcs S.A. Foster Lumber $9.64 smcs One Call Concepts $ smcs Saltzgaber, Scott $17.08 smcs Online Sign Purchase $ smcs Sanitation Products $ smcs Onnen, Lisa $40.00 smcs Sapp Brothers $29, smcs O'Reilly Automotive $ smcs Schall, John $31.00 smcs Oriental Trading $ smcs Schwans Home Service $ smcs Orscheln $ smcs Sears $26.32 smcs Otto Environmental $16, smcs Shell Oil $ smcs Overhead Door $1, smcs Sherwin Williams $1, smcs Paramount $80.65 smcs Sign Center $2, smcs

47 PS SMCS ER CO DS PERSONNEL SERVICES SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES EQUIPMENT RENTAL CAPITAL OUTLAY DEBT SERVICE Claims June 25, 2013 Page 4 Skeeter Barnes $ smcs Wiegand Security Service $90.00 smcs Sorensen Group $69, co Wilke's True Value $ smcs,co Sozo American Cuisine $98.44 smcs Wilkins Hinrichs Stober $1, co Sports Village $14.99 smcs Womenonguardcom $90.00 smcs Springer Roofing $ smcs WPCI $ ps Sprinkler Warehouse $ smcs Yanda's Music $1, smcs Steinbrink Landscaping $5, smcs Yant Equipment $ co Stockfreshcom $9.99 smcs Yousendit $ smcs Stone Boss Industries $78.39 smcs Streakwave Wireless $ co Subway $34.39 smcs Sungard Public Sector $65, smcs Sunmart $ smcs Superior Signals $1, smcs Target $ smcs,co TCE HR Direct $ smcs Texoma Golf $70.48 smcs Theis, Jerrel $60.00 smcs Tielke's Sandwiches $92.97 smcs Titleist $ smcs Tour Edge $ smcs Toys R Us $23.38 smcs TPC Gopher $ smcs Tractor Supply $ smcs Tri City Outdoor $26.75 smcs Trophy Depot $44.51 smcs TruGreen ChemLawn $ smcs Turner Body $ smcs Tye & Rademacher $11, smcs U.S. Postal Services $ smcs Union Bank & Trust $57, ps Unique Management Serv. $ smcs United Airlines $ smcs United Seeds $ smcs University of NE at Kearney $3, smcs UPS Store $ smcs USPS $ smcs Valentino's $ smcs Verizon Wireless $ smcs Versa Tables $1, co Vessco $ smcs Wafersealscom $51.83 smcs Walgreens $10.74 smcs Wal-mart $2, smcs Warren-T Plumbing $ smcs Wastecorp Pumps $ smcs West Villa Animal Hospital $ smcs When To Work $40.00 smcs

48 COUNCIL AGENDA MEMO ITEM NO. IV - #4 FROM: Suzanne Brodine, Assistant City Manager/Development Services Director MEETING: June 25, 2013 SUBJECT: PRESENTER: Public Sidewalk Closure for Downtown Sidewalk Sales and MarketPlace Farmer s Market No Presenter Consent Agenda Discussion: Each year the downtown merchants conduct the annual sidewalk sales which are generally held in July. The merchants typically use the public sidewalk for the display and sale of merchandise throughout Downtown Kearney. This year there will also be MarketPlace vendors on Thursday, July 25 and Friday, July 26. On April 9, Council approved the closure of 23rd Street from 1st Avenue to Avenue A, including the intersection of Central Avenue and 23rd Street, for the MarketPlace Farmer s Market beginning at 3:00 p.m. to 10:00 p.m. every Thursday from May 23, 2013 to October 10, 2013, except July 4. During the 2013 sidewalk sales event, Main Street Kearney is requesting the same closure, outlined above, for Friday, July 26. In addition, Main Street Kearney is requesting to conduct sidewalk sales on Thursday, July 25, Friday, July 26, and ending on Saturday, July 27. They are seeking the use of the public sidewalks in front of their business throughout the Downtown Kearney area for the display and sale of merchandise on Thursday, July 25 from 7:00 a.m. to 8:00 p.m. and Friday, July 26, and Saturday, July 27 from 7:00 a.m. to 7:00 p.m. Fiscal Note: There is no fiscal impact to the City of Kearney. Recommended Action: Staff recommends the temporary closing of the sidewalks on Central Avenue from Railroad Street to 25 th Street for Downtown Sidewalk Sales on Thursday, July 25 from 7:00 a.m. to 8:00 p.m. and Friday, July 26, and Saturday, July 27 from 7:00 a.m. to 7:00 p.m. Also, the temporary closure of 23rd Street from 1st Avenue to Avenue A, including the intersection of Central Avenue and 23rd Street, for the MarketPlace Farmer s Market beginning at 3:00 p.m. to 10:00 p.m. on Thursday, July 25 and Friday, July 26. We provide services, solutions, and opportunities for our community.

49 COUNCIL AGENDA MEMO ITEM NO. IV - #5 FROM: Michaelle Trembly, City Clerk MEETING: June 25, 2013 SUBJECT: El Tropico Special Designated License for August 3, 2013 PRESENTER: No Presenter Consent Agenda Discussion: These requests are similar to those submitted by Mr. Lazo in the past. Mr. Lazo holds these dances on a fairly frequent basis. These large dances are well attended and over the most recent events, have not created problems. This event will take place in the Exposition Building (alternate location is the Exhibit Building) on August 3, 2013 from 6:00 p.m. until 1:00 a.m. The Police Department has been notified and they do not foresee any problems with this event. 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, it 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 it is not forward to the Liquor Commission. Fiscal Note: There are no adverse financial considerations regarding the application. Recommended Action: Staff recommends approval of the application submitted by Mr. Lazo. We provide services, solutions, and opportunities for our community.

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53 COUNCIL AGENDA MEMO ITEM NO. IV - #6 FROM: Michaelle Trembly, City Clerk MEETING: June 25, 2013 SUBJECT: PRESENTER: City/County Auction No Presenter Consent Agenda Discussion: The Police Department, along with the Sheriff s Department, conducts several auctions of property and vehicles annually. The auction will be to sell impounded and abandoned vehicles and surplus equipment from the Police Impound yard. To facilitate the auction, it is necessary for safety to close off a portion of Avenue B from North Railroad Street to 21st Street on August 24, 2013 between the hours of 7:00 a.m. and 2:00 p.m. for the auction. This is a safety matter, in so far as the number of people who are in and around the impound lot grows substantially. To make the area safe, we have used barrier tape and street barricades in the past to block off the street. Fiscal Note: There is no financial consideration involved in the request. Recommended Action: Staff recommends approval of temporarily closing Avenue B from North Railroad Street to 21st Street for the annual auction. We provide services, solutions, and opportunities for our community.

54 COUNCIL AGENDA MEMO ITEM NO. IV - #7 FROM: Kirk Stocker, Director of Utilities MEETING: June 25, 2013 SUBJECT: PRESENTER: Lots 1, 2 and 3 Block Four, Eastbrooke Fourteenth No Presenter Consent Agenda Discussion: At the April 13, 2013 City Council meeting the Council approved the Final Plat, Subdivision Agreement and Annexation for Eastbrooke Fourteenth. The Subdivision Agreement included terms that the Owner would construct the public infrastructure under a Developer Constructed Infrastructure Agreement. At the April 23, 2013 City Council meeting the Council approved a Developer Constructed Infrastructure Agreement for the Owner to construct water, sanitary sewer and paving on the platted streets in the subdivision and that work has begun. The Owner has signed a Developer Constructed Infrastructure Agreement to construct the required public improvements, water and sanitary sewer meeting the City of Kearney Standard Specifications, on Lots 1, 2 and 3, Block Four, Eastbrooke Fourteenth in order to provide service to the condominium units approved for those lots. The City will own and maintain the public improvements after they are accepted as part of the City water and sanitary sewer system. Fiscal Note: The City will reimburse the Owner for the portions of the public improvements that are general obligation costs to the City if a district process was used for the construction of the public improvements. The estimated reimbursable cost to the Owner is $9, for water, and $0.00 for sanitary sewer. The City anticipates reimbursing the developer between October 1, 2013 and September 31, Recommended Action: Staff recommends approving the Developer Constructed Infrastructure Agreement for Lots 1, 2 and 3, Block Four, Eastbrooke Fourteenth and authorize the Mayor to sign the agreement on behalf of the City. We provide services, solutions, and opportunities for our community.

55 RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA that the agreement entitled Developer Constructed Infrastructure Agreement for Lot 1, 2 and 3, Eastbrooke Fourteenth Addition to the City of Kearney between the City of Kearney and Camron Inc., a Nebraska Corporation, to construct the public improvements for water mains, sanitary sewer mains, paving and storm sewer for said Eastbrooke Fourteenth Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto, negotiated with Timothy J. Norwood Sr., President of Camron Inc., to construct said improvements as stated above. BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to execute the said agreement on behalf of the City of Kearney. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

56 Developer Constructed Infrastructure Agreement Lot 1, 2 and 3, Block Four, Eastbrooke Fourteenth an Addition to the City of Kearney WHEREAS, Camron Inc., by and through its President, Timothy J. Norwood Sr, (hereinafter referred to as "Owner"), entered into a subdivision agreement regarding the development of the following described tract of land; Lot 1, 2 and 3, Block Four, Eastbrooke Fourteenth an addition to the City of Kearney, Buffalo County, Nebraska, and WHEREAS, the Owner desires to construct the public improvements, water mains, sanitary sewer mains, paving and storm sewer to serve the previously mentioned property as described above, in accordance with the Infrastructure Feasibility Plan on file with the City of Kearney, and WHEREAS, public improvements must be designed and constructed in compliance with the City of Kearney Subdivision Design Manual and Standard Specifications; and WHEREAS, the owner has discussed the development with the City of Kearney Development Review Team (DRT) and the DRT has assigned the development DRT No , NOW, THEREFORE, the undersigned Owner and the City of Kearney, Nebraska, hereinafter referred to as the "City", in consideration of the mutual covenants and agreements herein contained, agree as follows: DEVELOPER AGREES AS FOLLOWS: 1. To comply with the terms and conditions of the City of Kearney Code, Section through inclusive: entitled "Developer Constructed Infrastructure," a copy of which is attached hereto and made a part hereof by reference. NO WORK SHALL BE PERMITTED ON THE PUBLIC IMPROVEMENTS UNTIL BONDS AND INSURANCE ARE IN PLACE AND APPROVED BY THE CITY. The owner agrees to construct the following improvements: a) Construction of an eight (8) inch diameter ductile iron pipe water mains from the water main to be constructed in 58 1 h Street and Eastbrooke Drive southerly and easterly in the easements shown on the plat to serve the condominium development. Including all appurtenances including pavement removal and replacement, water main connections, borings, encasement pipe, fittings, valves, fire hydrants, and water services. b) Construction of an eight (8) inch diameter vitrified clay pipe sanitary sewer main from the sanitary sewer main to be constructed in 58 1 h Street southerly and westerly in the easements shown on the plat to serve the condominium development. Including all appurtenances including pavement removal and replacement, borings, pumping stations if necessary, manholes and service lines.

57 Developer Constructed Infrastructure Agreement Lot 1, 2 & 3, Block Four, Eastbrooke Fourteenth Addition c) Site grading may be substantial on some portions of the property. The developer agrees that all grading and the expense to grade the property will be the cost of the developer. d) Other Utilities not operated by the City of Kearney, the Developer agrees to contact electric, telecommunications, gas and other utilities to initiate service and to arrange for construction of those utilities, if applicable, within the development, including conduit and electrical wiring for street lights to be placed in accordance with the City of Kearney's standard street lighting requirements. e) To retain the services of a Professional Engineer, hereinafter referred to as "Engineer'', to design the water main, sanitary sewer main, paving and storm sewer. To have the engineer submit a complete set of plans and specifications for the public improvements to the office of the City Engineer and the Director of Utilities for formal review. Plans and specifications shall be in conformance with the City Code of the City of Kearney and the City of Kearney Standard Specifications and all current design policies. All plan and profile sheets shall be scaled 1"=20'. When grading operations disturb more than one acre of land, plans and specifications for the grading and for the control of sediment and erosion shall be submitted to the City Engineer. Fourteen days shall be allowed for this review process. Construction shall not begin until plans have been approved and an acceptance letter has been received from the City Engineer, who shall not issue the acceptance letter until all bonds and insurance coverages are approved as set forth in paragraph 1 above. The Owner shall have the Engineer submit the plans to all applicable authorities for approval as required by State Statutes and Federal mandates. Construction shall not begin until a copy of approval letters from the applicable authorities have been received and are on file with the City Engineer. Such submissions should include, but are not limited to, water plans to the Nebraska Department of Health, 404 permits to the US Army Corp of Engineers, sanitary sewer plans to the Nebraska Department of Environmental Quality, dam structure plans to the State of Nebraska Department of Natural Resources. Preliminary plan submittals must include three sets of 11 "x17" drawings and delivered to the Utilities, Engineering and Development Services Departments. In addition a Notice of Intent shall be submitted to the City Engineer and the Nebraska Department of Environmental Quality when grading operations disturb one acre of land or more. Once the authorization has been granted by the Nebraska Department of Environmental Quality a copy of the authorization must be submitted to the City Engineer. A Storm Water Pollution Prevention Plan must be prepared prior to submission of a CSW-NOI as required by a qualified individual such as a Professional Engineer, Certified Landscape Architect, and/or Certified Professional in erosion and sediment control. These plans must be implemented and maintained through the life of the project. If the public improvements are in a designated floodplain, the Owner shall obtain a Floodplain Permit from the Floodplain Administrator. The Owner shall submit a statement from a licensed Page 2

58 Developer Constructed Infrastructure Agreement Lot 1, 2 & 3, Block Four, Eastbrooke Fourteenth Addition Engineer to the Floodplain Administrator stating that the improvements will not raise the floodway elevation in excess of one foot. f) To retain the services of a Professional Engineer to inspect the water main, sanitary sewer main, paving and storm sewer construction. All construction inspection/observation shall be performed by technicians certified by the American Concrete Institute, the NDOR, the National Institute for Certification in Engineering Technologies or by technicians that have demonstrated adequate testing abilities to the City Engineer. All construction observation operations shall be under the direction of an engineer licensed in the State of Nebraska and shall be in conformance with the approved plans and specification. The Owner shall request a pre-construction meeting with the City Engineer and the Director of Utilities prior to construction activities. All underground utilities must be reviewed by the construction observer prior to backfill. Full time construction observation is required during all utilities backfill operations and during all continuous concrete pours in excess of 150 square yards. At the City Engineers request, bi-weekly meetings may be required on site with the Owner's engineer and construction observation personnel. Deliverables shall be submitted to the City Engineer in accordance with the following schedule: 1. Daily Diary of Construction Activities Submit Bi-weekly 2. Compaction Test Results Submit Bi-weekly 3. Concrete Compression Test Results Submit Bi-weekly 4. Concrete Air and Slump Test Submit Bi-weekly 5. SWPPP required inspections and actions Submit Bi-weekly. 6. Certificate of Substantial Completion Submit at end of project. These submittals must be sent via electronic in a.pdf format on the second and fourth Wednesday of each month. The subject line must contain the name of the project development. SUBMITTAL ADDRESS: infrastructure@kearneygov.org. Public Improvements will not be accepted, placed in operation or maintained by the City until the required construction observation and submittals have been completed. g) To submit the plans and specifications to the City of Kearney for review and approval. h) To submit the plans and specifications for the sanitary sewer main to the State of Nebraska Department of Environmental Quality for review and approval. Page 3

59 Developer Constructed Infrastructure Agreement Lot 1, 2 & 3, Block Four, Eastbrooke Fourteenth Addition i) To submit the plans and specifications for the water main to the State of Nebraska Department of Health for review and approval. j) To provide the City of Kearney with five complete sets of as built drawings, one set to be full sized (24" x 36") and four sets to be ~ sized ( 11' x 17"), and one electronic set in.dwg and one set in.tif format, for all of the public improvements to be constructed. k) To sell and convey title for the water main and sanitary sewer main free and clear of any liens, encumbrances, security interests or mortgages to the City of Kearney for the sum of five dollars ($5.00), following inspection and acceptance by the City of Kearney. 2. To indemnify and hold harmless the City of Kearney and its agents and employees against all claim, damages, loses, or expenses, including reasonable attorneys fees that arise or allegedly arise out of the design or construction of the public improvements and the storm water management facilities, not due to the negligence or omissions -on the part of the City of Kearney, its agents and employees. Further, Owners agree to indemnify the City of Kearney for any claims, damages, or expenses, including reasonable attorney's fees that arise out of or allegedly arise out of the design or construction of said storm water management facilities, such as damaging storm water runoffs that are caused by Owner's negligence or omission, or that of its agents or employees. CITY AGREES AS FOLLOWS: 1. To comply with the City of Kearney Code, Section through inclusive: entitled "Developer Constructed Infrastructure," Kearney City Code, as it applies to the improvements for the subdivision set forth in this agreement. 2. To reimburse the Owner for the infrastructure that would be a general obligation cost to the City if the infrastructure was built through the district process. The estimated reimbursement is $9, for water infrastructure. The City will reimburse the owner after the infrastructure is accepted by the City and anticipates making payment between October 1, 2013 and September 30, To own, operate and maintain the water main and sanitary sewer main after the infrastructure has been accepted as part of the City water and sanitary sewer system. THE PARTIES AGREE AS FOLLOWS: 1. This instrument is the final expression of the agreement between the parties hereto and such agreement may not be contradicted by evidence of any prior oral agreement or of a contemporaneous oral agreement between the parties that allegedly exists. Page 4

60 Developer Constructed Infrastructure Agreement Lot 1, 2 & 3, Block Four, Eastbrooke Fourteenth Addition 2. This instrument contains the entire agreement between the parties, and no statements, promises or inducements made by either party or agent of either party that are not contained in this written contract shall be valid or binding; this contract may not be enlarged, modified, or altered except in writing signed by both parties and endorsed on this agreement. 3. This agreement shall run with the land and be binding upon and inure to the benefit of the parties hereto and shall be binding upon heirs, executors, administrators, and subsequent title owners in interest, devisees, assignees, and successors of the Owner hereto. Dated this --=l- day of,_-- ~N L, 2013 STATE OF NEBRASKA COUNTYOF b~ft) ) ) ss. ) T~ foregoing instrument was acknowledged before me this.!:] day of ~ ~ AA-b, 2013, by Timothy J. Norwood, President, of Camron Inc. a Nebraska Corporation. ENERAL NOTARY State of Nebraska PAULA D BRUNGARDT My Comm. Exp. October 14, 2014 Dated this day of, 2013 CITY OF KEARNEY, NEBRASKA By Stanley A. Clouse President of the Council and Ex-Officio Mayor Page 5

61 Developer Constructed Infrastructure Agreement Lot 1, 2 & 3, Block Four, Eastbrooke Fourteenth Addition STATE OF NEBRASKA ) ) ss COUNTY OF BUFFALO ) The foregoing instrument was acknowledged before me this day of., 2013, by Stanley A. Clouse, President of the City Council of the City of Kearney, Nebraska, a Municipal Corporation, known to me to be the identical person who signed the foregoing signature to be his voluntary act and deed and that its municipal corporate seal was thereto affixed by proper authority. NOTARY PUBLIC Page 6

62 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision ARTICLE 13. DEVELOPER CONSTRUCTED INFRASTUCTURE DIVISION I. GENERAL PROVISIONS TITLE. This ordinance shall be known, referred to, and cited as the "City of Kearney Developer Constructed Infrastructure Ordinance." (Ord. No. 5739, 1-1, ) PURPOSE AND INTENT. The purpose of this ordinance is to create an alternative means for a Developer whether an individual, group or corporation, to construct or have constructed public infrastructure, including streets, alleys, storm sewer, water, and sanitary sewer, and associated work, based on a design approved and provided by the City. (Ord. No. 5739, 1-2, ) JURISDICTION. These regulations shall apply to all land located within the City of Kearney, referred to as City. (Ord. No. 5739, 1-3, ) CITY POINT OF CONTACT. The City's primary point of contact will be the Director of Public Works or his/her designated representative. (Ord. No. 5739, 1-4, ) DIVISION II. TECHNICAL PROVISIONS ELIGIBILITY. To be eligible for the methods described herein, all terms and conditions of this ordinance must be met by the Developer. (Ord. No. 5739, 2-1, ) INFRASTRUCTURE AGREEMENT. An Infrastructure Agreement shall be entered into by both the Developer and the City, prior to designing the work, establishing the respective rights and responsibilities of both parties. The City's representative for the agreement shall be the Mayor/President of the City Council. The Agreement shall, at a minimum, address the requirements of this ordinance. The Infrastructure Agreement may be included in the Subdivision Agreement required by Chapter 57 "Improvement Financing and Guarantees" of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney. (Ord. No. 5739, 2-2, ; Ord. No. 6867, ) DESIGN. The design shall be developed by an engineer approved by the City. (Ord. No. 5739, 2-3, ; Ord. No. 6622, ) DESIGN COSTS. The Developer shall pay for all design costs prior to commencing any construction. (Ord. No. 5739, 2-4, ) CONSTRUCTION. The Developer shall be fully responsible and accountable for providing the infrastructure construction, and associated work, in compliance with the approved construction design. This includes, but is not limited to, contracting with a qualified construction firm and providing all contract management services. (Ord. No. 5739, 2-5, ) CONSTRUCTION COSTS. The Developer shall pay for all construction and associated work costs. For all Developer Constructed Infrastructure Agreements approved by the City Council after January 1, 2013, the City will reimburse the Page 7

63 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision Developer for infrastructure costs considered the responsibility of the City as outlined in paragraphs 1, 2, 3, and 4 of Section (B.) of the Kearney City Code. The reimbursement will be made to the Developer by the City after the City Council has accepted the improvements pursuant to Section of the Kearney City Code. The reimbursement shall be calculated by the City Engineer based on the most recent unit price bids received by the City, and approved by the City Council, for similar projects. The City will not participate in any reimbursement of costs to the Developer if the City determines, because of budgetary constraints, that general obligation bonds or revenue bonds must be issued to fund the reimbursement. If the City determines that general obligation bonds or revenue bonds must be issued to fund costs considered the responsibility of the City as outlined in paragraphs 1, 2, 3, and 4 of Section (B) of the Kearney City Code, Improvement Districts must be requested by the Developer. (Ord. No. 5739,2-6, ; Ord. No. 7779, ) CONSTRUCTION INSPECTION AND TESTING. Construction inspection and testing shall be performed by the City or an engineer approved by the City, as determined necessary by the City or its Engineer. (Ord. No. 5739,2-7, ; Ord. No. 6622, } CONSTRUCTION INSPECTION AND TESTING COSTS. The Developer shall pay for all construction inspection and testing performed or required by the City or its Engineer. (Ord. No. 5739, 2-8, ) PERFORMANCE AND PAYMENT BONDS OR IRREVOCABLE LETTER OF CREDIT. The Developer shall require the Contractor to furnish to the City performance and payment bonds or an irrevocable letter of credit in the amount of the value of the work to be performed (including construction and construction inspection and testing) as security for the faithful performance and payment of all Contractor's obligations under the contract documents. The bonds or irrevocable letter of credit shall be furnished to the City prior to commencement of any construction work on the public improvements. These bonds or irrevocable letter of credit shall remain in effect at least until one (1) year after acceptance of the construction work, except as otherwise provided by law or regulation. All bonds shall be in the forms prescribed by law or regulation or by the contract documents and be executed by such sureties as are named in the current list of "Companies Holding Certific;ates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. (Ord. No. 5739, 2-9, ; Ord. No. 6622, ) INSURANCE. The Developer shall require the Contractor to purchase and maintain such comprehensive general liability insurance in a minimum coverage of $1,000,000 per occurrence and other insurance as is appropriate for the work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the work and Contractor's other obligations under the contract documents, whether it is to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the work, or by anyone for whose acts any of them may be liable: (1) Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; (2) Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; (3) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; and (4) Claims arising out of operation of laws or regulations for damages because of bodily injury or death of any person or for damage to property. Documentation of the insurance coverage shall be provided to the City prior to the commencement of any construction work. The insurance required by this paragraph shall include the specific coverages and be written for not less than the limits of liability and coverages required by law or the conditions of this contract, whichever is greater. The comprehensive general liability insurance shall include completed operations Page 8

64 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at lease thirty (30) days' prior written notice has been given to City and Engineer by certified mail. All such insurance shall name the City of Kearney as an additional insured, and remain in effect until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective work. In addition, Contractor shall maintain such completed operations insurance for at least one ( 1) year after final payment and furnish the City with evidence of continuation of such insurance at final payment and one (1) year thereafter. (Ord. No. 5739, 2-10, ; Ord. No. 6622, ) INFRASTRUCTURE CONSTRUCTION PERMIT. After the Developer has met all prerequisites for commencing construction identified in this ordinance, the Developer may apply to the City for an "Infrastructure Construction Permit." Issuance of this permit is required prior to commencing any construction work. This permit will be issued by the Director of Public Works at no charge to the Developer. Following receipt of the permit, the Developer may begin construction work. (Ord. No. 5739, 2-11, ) COMPLETION. The construction work shall be completed within the time frame allowed by the permit. The completion time will be established by mutual agreement between the Developer and the City prior to issuance of the permit. The Developer may request time extensions which will be subject to City approval. If the construction is not completed within the time allowed by the permit and extensions are not granted, the City has the option to complete the work using the bonds. (Ord. No. 5739, 2-12, ) HOLD HARMLESS. The Developer shall indemnify and hold harmless the City and its agents, officers, and employees for any and all claims, damages, losses, or expenses, including reasonable attorney's fees, that arise out of or allegedly arise out of the design, construction, or maintenance of the systems and facilities described in this agreement that are not due to negligence or omission on the part of the City, its agents, officers, and employees. (Ord. No. 5739,2-13, } ACCEPTANCE. Following construction completion, certification that there are no liens or other encumbrances against the construction work, and a determination by the City that the work is in compliance with the design, the City will accept the construction work. (Ord. No. 5739,2-14, ) GUARANTEE. The Developer shall guarantee the work is free from defects for a period of one year from the date of acceptance. Should the work be found to have defects, the City will notify the Developer of such and the Developer shall have all such defects promptly corrected at no additional cost to the City. (Ord. No. 5739, 2-15, ) Page 9

65 COUNCIL AGENDA MEMO ITEM NO. IV - #8 FROM: Kirk Stocker, Director of Utilities MEETING: June 25, 2013 SUBJECT: PRESENTER: Lot 1 and Part of Lot 2, Northridge Retirement Subdivision No Presenter Consent Agenda Discussion: At the September 25, 2012 City Council meeting the Council approved the Development Plan and the Development Agreement for Lot 1 and part of Lot 2, Northridge Retirement Subdivision. The property is located at the southwest corner of 56th Street and 17th Avenue. The Development Plan approval allowed the site to be developed with four 3-story buildings two of which are 24 units in size and two of which are 27 units bringing the total number of units to 102 apartments. The Development Agreement required that the Owner construct the onsite water and sanitary sewer mains to serve the development through a Developer Constructed Infrastructure Agreement. There will be no public/city streets constructed on the property. The Owner has signed a Developer Constructed Infrastructure Agreement to construct the required public improvements necessary to serve the development. The Owner will construct the public improvements, water and sanitary sewer mains, meeting the City of Kearney Standard Specifications then dedicate the improvements to the City. The City will own and maintain the public improvements after they are accepted as part of the City water and sanitary sewer system. Fiscal Note: The City will reimburse the Owner for the portions of the public improvements that are general obligation costs to the City if a District process was used for the construction of the public improvements. The estimated reimbursable cost to the Owner is $15, for water and $0.00 for sanitary sewer. The City anticipates reimbursing the Owner between October 1, 2013 and September 31, Recommended Action: Staff recommends approving the Developer Constructed Infrastructure Agreement for Lot 1 and part of Lot 2, Northridge Retirement Subdivision and authorize the Mayor to sign the agreement on behalf of the City. We provide services, solutions, and opportunities for our community.

66 RESOLUTION NO BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA that the agreement entitled Developer Constructed Infrastructure Agreement for Lot 1 and part of Lot 2, Block One, Northridge Retirement Subdivision between the City of Kearney and Ridge View Apartments, L.L.C., a Nebraska Limited Liability Company, to construct the public improvements for water, and sanitary sewer mains and service lines for Northridge Retirement Subdivision be and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto, negotiated with Brett Weis, Manager of Ridge View Apartments, L.L.C., a Nebraska Limited Liability Company, to construct said improvements as stated above. BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

67 Developer Constructed Infrastructure Agreement for Lot 1 & Part of Lot 2, Block One, Northridge Retirement Subdivision WHEREAS, Ridge View Apartments, L.L.C., a Nebraska Limited Liability Company (hereinafter referred to as "Owner"), being the sole owner of the following described tract of land: All of Lot 1 and part of Lot 2, Block One, Northridge Retirement Subdivision, a subdivision being part of the East half of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6 1 h P.M., Buffalo County, Nebraska, with that part of Lot 2 being more particularly described as follows: Referring to the southeast corner of Lot 1, Northridge Retirement Subdivision and assuming the east line of Lot 1 and Lot 2 of said Northridge Retirement Subdivision as bearing south and all bearings contained herein are relative thereto; thence south on the east line of said Lot 2 a distance of feet; thence S89 33'08"1V and parallel with the north line of said Lot 1 a distance of feet; thence north on a line being feet westerly of as measured at right angles from the west line of said Lot 1 a distance of feet to a point on the North line of said Lot 2; thence N89 33'08"E and on the north line of said Lot 2 a distance of feet to the northwest corner of said Lot 1; thence south on the west line of said Lot 1 a distance of feet to the southwest corner of said Lot 1; thence N89 33'08"E and on the south line of said Lot 1 a distance of feet to the place of beginning, all in Buffalo County, Nebraska; and WHEREAS, the Owner desires to construct the public improvements, water, and sanitary sewer mains and service lines as necessary to serve the previously mentioned property as described above, in accordance with the Public Works Plan on file with the City of Kearney; and WHEREAS, the owner has discussed the development with the City of Kearney Development Review Team (DRT) and the DRT has assigned the development DRT No NOW, THEREFORE, the undersigned Owner and the City of Kearney, Nebraska, hereinafter referred to as the "City", in consideration of the mutual covenants and agreements herein contained, agree as follows: DEVELOPER AGREES AS FOLLOWS: 1. To comply with the terms and conditions of the City of Kearney Code, Section through inclusive: entitled "Developer Constructed Infrastructure," a copy of which is attached hereto and made a part hereof by reference. NO WORK SHALL BE PERMITTED ON THE PUBLIC IMPROVEMENTS UNTIL BONDS AND INSURANCE ARE IN PLACE AND APPROVED BY THE CITY. The owner agrees to construct the following improvements: a) Construction of an eight (8) inch diameter ductile iron pipe water main from the existing water main located in 56th Street southward then in an easement to be granted to the City at no cost to the City then eastward to the existing water main in 17th Avenue. Including all appurtenances including pavement removal and replacement, water main connections, fittings, valves, fire hydrants, and water services. b) Construction of an eight (8) inch diameter vitrified clay pipe sanitary sewer main

68 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision from the sanitary sewer main located in an easement along the west side of 17th Avenue westward in an easement to be granted to the City at no cost to the City and from the existing sewer main stubbed south of 56th Street in an easement to be granted to the City at no cost to the City to its terminus in a manhole. Including all appurtenances including pavement removal and replacement, pumping stations if necessary, manholes and service lines. c) Site grading may be substantial on some portions of the property. The developer agrees that all grading and the expense to grade the property will be the cost of the developer. d) Other Utilities not operated by the City of Kearney, the Developer agrees to contact electric, telecommunications, gas and other utilities to initiate service and to arrange for construction of those utilities, if applicable, within the development, including conduit and electrical wiring for street lights to be placed in accordance with the City of Kearney's standard street lighting requirements. e) To retain the services of a Professional Engineer, hereinafter referred to as "Engineer", to design the water main and sanitary sewer main. To have the engineer submit a complete set of plans and specifications for the public improvements to the office of the City Engineer and the Director of Utilities for formal,review. Plans and specifications shall be in conformance with the City Code of the City of Kearney and the City of Kearney Standard Specifications and all current design policies. All plan and profile sheets shall be scaled 1"=20'. When grading operations disturb more than one acre of land, plans and specifications for the grading and for the control of sediment and erosion shall be submitted to the City Engineer. Fourteen days shall be allowed for this review process. Construction shall not begin until plans have been approved and an acceptance letter has been received from the City Engineer, who shall not issue the acceptance letter until all bonds and insurance coverages are approved as set forth in paragraph 1 above. f) The Owner shall have the Engineer submit the plans to all applicable authorities for approval as required by State Statutes and Federal mandates. Construction shall not begin until a copy of approval letters from the applicable authorities have been received and are on file with the City Engineer. Such submissions should include, but are not limited to, water plans to the Nebraska Department of Health, 404 permits to the US Army Corp of Engineers, sanitary sewer plans to the Nebraska Department of Environmental Quality, dam structure plans to the State of Nebraska Department of Natural Resources. Preliminary plan submittals must include three sets of 11"x17" drawings and delivered to the Utilities, Engineering and Development Services Departments. In addition a Notice of Intent shall be submitted to the City Engineer and the Nebraska Department of Environmental Quality when grading operations disturb one acre of land or more. Once the authorization has been granted by the Nebraska Department of Environmental Quality a copy of the authorization must be submitted to the City Engineer. A Storm Water Pollution Prevention Plan must be prepared prior to submission of a CSW-NOI as required by a qualified individual such as a Professional Engineer, Certified Landscape Architect, and/or Certified Professional in erosion and sediment control. These plans must be implemented and maintained through the Page 2

69 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision life of the project. If the public improvements are in a designated floodplain, the Owner shall obtain a Floodplain Permit from the Floodplain Administrator. The Owner shall submit a statement from a licensed Engineer to the Floodplain Administrator stating that the improvements will not raise the floodway elevation in excess of one foot. g) To retain the services of a Professional Engineer to inspect the water main and sanitary sewer main construction. All construction inspection/observation shall be performed by technicians certified by the American Concrete Institute, the NDOR, the National Institute for Certification in Engineering Technologies or by technicians that have demonstrated adequate testing abilities to the City Engineer. All construction observation operations shall be under the direction of an engineer licensed in the State of Nebraska and shall be in conformance with the approved plans and specification. The Owner shall request a pre-construction meeting with the City Engineer and the Director of Utilities prior to construction activities. All underground utilities must be reviewed by the construction observer prior to backfill. Full time construction observation is required during all utilities backfill operations and during all continuous concrete pours in excess of 150 square yards. At the City Engineers request, bi-weekly meetings may be required on site with the Owner's engineer and construction observation personnel. Deliverables shall be submitted to the City Engineer in accordance with the following schedule: 1. Daily Diary of Construction Activities Submit Bi-weekly 2. Compaction Test Results Submit Bi-weekly 3. Concrete Compression Test Results Submit Bi-weekly 4. Concrete Air and Slump Test Submit Bi-weekly 5. SWPPP required inspections and actions Submit Bi-weekly 6. Certificate of Substantial Completion Submit at end of project These submittals must be sent via electronic in a.pdf format on the second and fourth Wednesday of each month. The subject line must contain the name of the project development. SUBMITTAL ADDRESS: infrastructure@kearnevgov.org. Public Improvements will not be accepted, placed in operation or maintained by the City until the required construction observation and submittals have been completed. h) To submit the plans and specifications to the City of Kearney for review and approval. i) To retain the services of a Licensed Land Surveyor, licensed in the State of Nebraska to prepare a legal description and exhibit for the water main easement Page 3

70 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision and the sanitary sewer main easements described in this agreement, and to grant those easements to the City of Kearney at no cost to the City. j) To submit the plans and specifications for the sanitary sewer main to the State of Nebraska Department of Environmental Quality for review and approval. k) To submit the plans and specifications for the water main to the State of Nebraska Department of Health for review and approval. I) To provide the City of Kearney with five complete sets of as built drawings, one set to be full sized (24" x 36") and four sets to be % sized (11" x 17"), and one electronic set in.dwg and one set in.tif format, for all of the public improvements to be constructed. m) To sell and convey title for the water mains and sanitary sewer mains free and clear of any liens, encumbrances, security interests or mortgages to the City of Kearney for the sum of five dollars ($5.00), following inspection and acceptance by the City of Kearney. 2. To pay connection fees associated with Water Connection District in the amount of $6, and Water Connection District No in the amount of $4, before connecting to the water main located in 1ih Avenue and in 56th Street. 3. To pay connection fees associated with Sanitary Sewer Connection District No in the amount of $12, and Sanitary Sewer Connection District No in the amount of $5, before connecting to the sanitary sewer main located in 56th Street and in 1 ih Avenue. 4. To indemnify and hold harmless the City of Kearney and its agents and employees against all claim, damages, loses, or expenses, including reasonable attorneys fees that arise or allegedly arise out of the design or construction of the public improvements and the storm water management facilities, not due to the negligence or omissions on the part of the City of Kearney, its agents and employees. Further, Owners agree to indemnify the City of Kearney for any claims, damages, or expenses, including reasonable attorney's fees that arise out of or allegedly arise out of the design or construction of said storm water management facilities, such as damaging storm water runoffs that are caused by Owner's negligence or omission, or that of its agents or employees. CITY AGREES AS FOLLOWS: 1. To comply with the City of Kearney Code, Sections through inclusive: entitled "Developer Constructed Infrastructure," Kearney City Code, as it applies to the improvements for the subdivision set forth in this agreement. 2. To reimburse the Owner for the infrastructure that would be a general obligation cost to the City if the infrastructure was built through the district process. The estimated reimbursement is $15, for water infrastructure. The City will reimburse the owner after the infrastructure is accepted by the City and anticipates making payment between October 1, 2013 and September 30, Page 4

71 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision 3. To own, operate and maintain the water mains and sanitary sewer mains after the infrastructure has been accepted as part of the City water and sanitary sewer system. THE PARTIES AGREE AS FOLLOWS: 1. This instrument is the final expression of the agreement between the parties hereto and such agreement may not be contradicted by evidence of any prior oral agreement or of a contemporaneous oral agreement between the parties that allegedly exists. 2. This instrument contains the entire agreement between the parties, and no statements, promises or inducements made by either party or agent of either party that are not contained in this written contract shall be valid or binding; this contract may not be enlarged, modified, or altered except in writing signed by both parties and endorsed on this agreement. 3. This agreement shall run with the land and be binding upon and inure to the benefit of the parties hereto and shall be binding upon heirs, executors, administrators, and subsequent title owners in interest, devisees, assignees, and successors of the Owner hereto. Dated this Jt--f 'l>-day of ~"' tments, L.L.C., a Nebraska Limited Liability Company STATE OF NEBRASKA ) ) ss COUNTY OF BUFFALO ) The foregoing instrument was acknowledged before me this JL(1A- day of {'oo... u, 2013, by Brett Weis, Manager of Ridge View Apartments, L.L.C., {1 Nebraska Limited Liabilit Com an on behalf of the limited liability company. J GENERAL NOTARY - Stale of Nebraska SARAH ANN FALK My Comm. Exp. Aprtf 9, 2015 Dated this day of, CITY OF KEARNEY, NEBRASKA By Stanley A. Clouse President of the Council and Ex-Officio Mayor Page 5

72 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision STATE OF NEBRASKA ) ) ss COUNTY OF BUFFALO ) The foregoing instrument was acknowledged before me this day of ----::-c:-:: :-:---,---' 2013, by Stanley A. Clouse, President of the City Council of the City of Kearney, Nebraska, a Municipal Corporation, known to me to be the identical person who signed the foregoing signature to be his voluntary act and deed and that its municipal corporate seal was thereto affixed by proper authority. Notary Public Page 6

73 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision ARTICLE1& DEVELOPERCONSTRUCTEDINFRASTUCTURE DIVISION I. GENERAL PROVISIONS TITLE. This ordinance shall be known, referred to, and cited as the "City of Kearney Developer Constructed Infrastructure Ordinance." (Ord. No. 5739, 1-1, } PURPOSE AND INTENT. The purpose of this ordinance is to create an alternative means for a Developer whether an individual, group or corporation, to construct or have constructed public infrastructure, including streets, alleys, storm sewer, water, and sanitary sewer, and associated work, based on a design approved and provided by the City. (Ord. No. 5739, 1-2, } JURISDICTION. These regulations shall apply to all land located within the City of Kearney, referred to as City. (Ord. No. 5739, 1-3, ) CITY POINT OF CONTACT. The City's primary point of contact will be the Director of Public Works or his/her designated representative. (Ord. No. 5739, 1-4, ) DIVISION II. TECHNICAL PROVISIONS ELIGIBILITY. To be eligible for the methods described herein, all terms and conditions of this ordinance must be met by the Developer. (Ord. No. 5739,2-1, } INFRASTRUCTURE AGREEMENT. An Infrastructure Agreement shall be entered into by both the Developer and the City, prior to designing the work, establishing the respective rights and responsibilities of both parties. The City's representative for the agreement shall be the Mayor/President of the City Council. The Agreement shall, at a minimum, address the requirements of this ordinance. The Infrastructure Agreement may be included in the Subdivision Agreement required by Chapter 57 "Improvement Financing and Guarantees" of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney. (Ord. No. 5739, 2-2, ; Ord. No. 6867, ) DESIGN. The design shall be developed by an engineer approved by the City. (Ord. No. 5739, 2-3, ; Ord. No. 6622, } DESIGN COSTS. The Developer shall pay for all design costs prior to commencing any construction. (Ord. No. 5739, 2-4, ) CONSTRUCTION. The Developer shall be fully responsible and accountable for providing the infrastructure construction, and associated work, in compliance with the approved construction design. This includes, but is not limited to, contracting with a qualified construction firm and providing all contract management services. (Ord. No. 5739,2-5, ) CONSTRUCTION COSTS. The Developer shall pay for all construction and associated work costs. For all Developer Constructed Infrastructure Agreements approved by the City Council after January 1, 2013, the City will reimburse the Page 7

74 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision Developer for infrastructure costs considered the responsibility of the City as outlined in paragraphs 1, 2, 3, and 4 of Section (B.) of the Kearney City Code. The reimbursement will be made to the Developer by the City after the City Council has accepted the improvements pursuant to Section of the Kearney City Code. The reimbursement shall be calculated by the City Engineer based on the most recent unit price bids received by the City, and approved by the City Council, for similar projects. The City will not participate in any reimbursement of costs to the Developer if the City determines, because of budgetary constraints, that general obligation bonds or revenue bonds must be issued to fund the reimbursement. If the City determines that general obligation bonds or revenue bonds must be issued to fund costs considered the responsibility of the City as outlined in paragraphs 1, 2, 3, and 4 of Section (B) of the Kearney City Code, Improvement Districts must be requested by the Developer. (Ord. No. 5739, 2-6, ; Ord. No. 7779, ) CONSTRUCTION INSPECTION AND TESTING. Construction inspection and testing shall be performed by the City or an engineer approved by the City, as determined necessary by the City or its Engineer. (Ord. No. 5739, 2-7, ; Ord. No. 6622, ) CONSTRUCTION INSPECTION AND TESTING COSTS. The Developer shall pay for all construction inspection and testing performed or required by the City or its Engineer. (Ord. No. 5739, 2-8, ) PERFORMANCE AND PAYMENT BONDS OR IRREVOCABLE LETTER OF CREDIT. The Developer shall require the Contractor to furnish to the City performance and payment bonds or an irrevocable letter of credit in the amount of the value of the work to be performed (including construction and construction inspection and testing) as security for the faithful performance and payment of all Contractor's obligations under the contract documents. The bonds or irrevocable letter of credit shall be furnished to the City prior to commencement of any construction work on the public improvements. These bonds or irrevocable letter of credit shall remain in effect at least until one (1) year after acceptance of the construction work, except as otherwise provided by law or regulation. All bonds shall be in the forms prescribed by law or regulation or by the contract documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. (Ord. No. 5739, 2-9, ; Ord. No. 6622, ) INSURANCE. The Developer shall require the Contractor to purchase and maintain such comprehensive general liability insurance in a minimum coverage of $1,000,000 per occurrence and other insurance as is appropriate for the work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the work and Contractor's other obligations under the contract documents, whether it is to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the work, or by anyone for whose acts any of them may be liable: (1) Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; (2) Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; (3) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; and (4) Claims arising out of operation of laws or regulations for damages because of bodily injury or death of any person or for damage to property. Documentation of the insurance coverage shall be provided to the City prior to the commencement of any construction work. The insurance required by this paragraph shall include the specific coverages and be written for not less than the limits of liability and coverages required by law or the conditions of this contract, whichever is greater. The comprehensive general liability insurance shall include completed operations Page 8

75 Developer Constructed Infrastructure Agreement Lot 1 and Part of Lot 2, Block One, Northridge Retirement Subdivision insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at lease thirty (30) days' prior written notice has been given to City and Engineer by certified mail. All such insurance shall name the City of Kearney as an additional insured, and remain in effect until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective work. In addition, Contractor shall maintain such completed operations insurance for at least one ( 1) year after final payment and furnish the City with evidence of continuation of such insurance at final payment and one (1) year thereafter. (Ord. No. 5739, 2-10, ; Ord. No. 6622, ) INFRASTRUCTURE CONSTRUCTION PERMIT. After the Developer has met all prerequisites for commencing construction identified in this ordinance, the Developer may apply to the City for an "Infrastructure Construction Permit." Issuance of this permit is required prior to commencing any construction work. This permit will be issued by the Director of Public Works at no charge to the Developer. Following receipt of the permit, the Developer may begin construction work. (Ord. No. 5739, 2-11, ) COMPLETION. The construction work shall be completed within the time frame allowed by the permit. The completion time will be established by mutual agreement between the Developer and the City prior to issuance of the permit. The Developer may request time extensions which will be subject to City approval. If the construction is not completed within the time allowed by the permit and extensions are not granted, the City has the option to complete the work using the bonds. (Ord. No. 5739, 2-12, } HOLD HARMLESS. The Developer shall indemnify and hold harmless the City and its agents, officers, and employees for any and all claims, damages, losses, or expenses, including reasonable attorney's fees, that arise out of or allegedly arise out of the design, construction, or maintenance of the systems and facilities described in this agreement that are not due to negligence or omission on the part of the City, its agents, officers, and employees. (Ord. No. 5739, 2-13, } ACCEPTANCE. Following construction completion, certification that there are no liens or other encumbrances against the construction work, and a determination by the City that the work is in compliance with the design, the City will accept the construction work. (Ord. No. 5739, 2-14, ) GUARANTEE. The Developer shall guarantee the work is free from defects for a period of one year from the date of acceptance. Should the work be found to have defects, the City will notify the Developer of such and the Developer shall have all such defects promptly corrected at no additional cost to the City. (Ord. No. 5739, 2-15, ) Page 9

76 COUNCIL AGENDA MEMO ITEM NO. IV - #9 FROM: Suzanne Brodine, Assistant City Manager/Development Services Director MEETING: June 25, 2013 SUBJECT: PRESENTER: Buffalo County Community Partners No Presenter Consent Agenda Discussion: Buffalo County Community Partners requests support in launching the 2013 Annual Fund Campaign to support the attainment of the Buffalo County 2020 Vision. Healthy people are the building blocks of a healthy community, and our goal is to build a healthier Buffalo County. To do so, they are introducing the Community Building Block Party campaign. This campaign aims to provide community members with information and resources regarding the strategic directions of the Buffalo County 2020 Vision in an effort to build a healthier Buffalo County by Communities in Buffalo County have been requested to promote block or neighborhood parties that encourage healthful living by promoting the five strategic goals of the BCCP 2020 VISION. BCCP will utilize these events to assist neighborhoods in providing resources for community members and creating a conversation about the health of the community. Each event may consist of a meet and greet with BCCP board members and staff, active games for kids and adults, healthy food, and information on healthy living. The events will be alcohol-free and BCCP will provide kits for hosting events to any interested community members. Fiscal Note: There is no fiscal impact to the City of Kearney. Recommended Action: Staff recommends approving support for Community Building Neighborhood Parties and adoption of Resolution We provide services, solutions, and opportunities for our community.

77 RESOLUTION NO WHEREAS, the Buffalo County 2020 Vision includes five strategic directions to support and improve the health of individuals in our community: Active Living & Healthy Eating, Eliminate Health Disparities, High Impact Prevention Services, Healthy Homes & Sustainable Communities, and Injury-Free Living; and WHEREAS, Buffalo County Community Partners strive to assess, promote, and strengthen the health of Buffalo County; and WHEREAS, Buffalo County Community Partners promotes the health and wellbeing of all residents who reside in Buffalo County; and WHEREAS, Buffalo County Community Partners emphasize the need to ELEVATE health issues, ENGAGE residents to be accountable for their health, EMPOWER residents to create a positive change in their neighborhoods, and EVALUATE progress toward building a healthier Buffalo County. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that it declares its support for Community Building Neighborhood Parties to be hosted in the City of Kearney during the summer, and recognizes these parties will consider the following guidelines: 1. Neighborhood parties shall be conducted on private property and/or in the parks. The closing of any streets or public right-of-way is prohibited. 2. Community residents should provide healthful foods, in accordance with the USDA s dietary reference intakes, promoting the importance of eating enough fresh fruits and vegetables to consume essential nutrients and vitamins. 3. Community residents should aim to reduce the consumption of sugary beverages, and offer water, tea, and 100% juices instead, to reduce the overall consumption of sugar, which can have negative health effects, such as diabetes, if consumed excessively. 4. Community residents should offer games and activities for all ages to encourage an active lifestyle, promoting the importance of physical activity and its positive effects on health. 5. Community residents should discourage the use of electronic devices, providing mentorship to youth to enjoy the company of their neighbors without the use of technology.

78 Resolution No Page 2 6. Community members should refrain from drinking alcoholic beverages, which will provide adult role models to youth through the abstinence of alcohol and support of good health. 7. Community members should refrain from using tobacco products, promoting the abstinence of tobacco products amongst all community members in support of good health. 8. Community members should aim to fill a mentorship role by encouraging the attendance of youth community members in an effort to promote healthy and engaged neighborhoods. 9. Community members should promote the idea of having a community garden and the importance of growing healthful foods from start to finish; reinforcing the idea that fresh, local food supports good health. 10. Community members should encourage other members of the community to get annual health screenings by providing resources on the importance of getting screened to promote health longevity. 11. Community members should welcome new members to the neighborhood in support of healthy and sustainable community growth. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

79 COUNCIL AGENDA MEMO ITEM NO. IV - #10 FROM: Bruce Grupe, City Engineer MEETING: June 25, 2013 SUBJECT: PRESENTER: 2012 Part 6 Improvements Bid B No Presenter Consent Agenda Discussion: On December 26, 2012 the City Council awarded the 2012 Part 6 Bid B in the amount of $492, to Blessing Construction for the construction of storm sewer and paving located within the Oak Park Addition. In addition to the original contract, change order requests 1 and 2 were approved at the June 11, 2013 Council meeting bringing the new contract price to $652, The contractor has submitted the third payment request in the amount of $371,356.65; including this payment the contractor will have been paid $554, and is approximately 85 percent complete. The storm sewer and paving is scheduled to be completed before July 31, 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 engineer, Miller & Associates, recommend adoption of the resolution approving the payment in the amount of $371, to Blessing Construction. We provide services, solutions, and opportunities for our community.

80 RESOLUTION NO WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2012 Part 6 Improvements Bid B consisting of Paving Improvement District No for 52nd Street from 3rd Avenue and terminating 761 feet west; Paving Improvement District No A for 3rd Avenue, a Road and Utility Easement, from the north line of 52nd Street to the north line of Oak Park Center and east in a Roadway and Utility Easement to the west line of 2nd Avenue; Paving Improvement District No for 56th Street from 2nd Avenue west to 6th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $371,356.65, as shown on Exhibit A attached hereto and made a part hereof by reference and as follows: Original Contract Sum Change Order No. 1 ( ) $492, , Change Order No. 2 ( ) + 1, Original Contract Sum $652, Contract Sum To Date 652, Gross Amount Due 616, Retainage 61, Amount Due to Date 554, Less Previous Certificates for Payment 183, Current Payment Due $371, 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. 3, as shown on Exhibit A, be and is hereby accepted and approved. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

81 APPLICAdON FOR PAYMENT PROJECT: 2012 Part 6 Improvements Miller & Associates TO: (OWNER) City of Kearney ATIN: 18 East 18th St. Kearney, NE Miller & Associates CHANGE ORDER SUMMARY: Continuation sheets are attached. Change orders approved in previous month by Owner. CO# DATE ADDITIONS 1 5/3/13 158, /3/13 1, TOTAL 160, NET CHANGE 160, DEDUCTIONS ENGINEER'S PROJECT NO. Page 1 of A APPLICATION NO.: 3 CONTRACTOR: Bles..;.s_in.:::.g...;.L..;.L...;..C_ CONTRACT FOR: 2012 Part 61mprovements APPLICATION DATE: 06/07/13 APPLICATION NO.: 3 FOR WORK ACCOMPLISHED THROUGH THE DATE OF: 05/31 /13 Application is made for payment, as shown below in connection with the Contract. The present status of the account is as follows: ORIGINAL CONTRACT PRICE $ 492, Net Change by Change Orders & Written Amendments $ 160, CURRENT CONTRACT PRICE... $ 652, TOTAL COMPLETED & STORED TO DATE $ 616, LESS RETAINAGE : 10% (61,659.63) TOTAL COMPLETED & STORED TO DATE LESS RETAINAGE :.. $ 554, LESS PREVIOUS APPLICATION FOR PAYMENTS $ 183, AMOUNT DUE THIS APPLICATION... $ 371, The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from Owner on account of Work done under the Contract referred to above have been applied to discharge CONTRACTOR'S legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. Payment of the above AMOUNT DUE THIS APPLICATION is recommended. ENGINEER: Miller & Associates BY: -..:J.--J ~~,fr % p-- Owner Contractor Engineer LLC CTOR Blessrng, &6/ _ CONTRA ~ ~~ By: Date: b/'7//j Attested by: a~ Date: 4l?/t_~ / - OWNER: City of Kearney BY:

82 Application and Certificate for Payment Page 2 of 3 Application Number: 3 Application Date: 6nt13 Period From: 5/1/13 To: 5/31/13 Engineer's Project No.: 130-A Project Name: 2012 Part 6 Improvements No. Work Description Estimated Unit Unit Quantity Total Stored to Total Completed Quantity Price Completed Completed Date & Stored BlOB PAVING DISTRICT NO (52ND STREET) 31 Common Earth Excavation, E.Q. a. Street Excavallon 90 C.Y. $ b. Ditch Excavation 5848 C.Y. $ , b. Ditch Excavation C.Y. $ F. Additional Excavation Required to Replace Street Embankment 1435 C.Y. $ Construct P.C. Concrete Pavement Type a. 6" Thick 2894 S.Y. $ Construct Integral Curb 1447 L.F. $ 2.00 t Construct Concrete Header 36 L.F. $ Construct Curb Inlet a. 8 Ft. Wtde Throat 2 Each $ 2, , , Furnish & Install Reinforced Concrete Pipe, Class Ill a. 24" Diameter 55 L.F. $ b. 36" Diameter 350 L.F. s , b. 36" Diameter 342 L.F. $ B. 42" Diameter 291 L.F. $ , c. 36" Diameter Flared End Section 1 Each $ 1, c. 36" Diameter Flared End Section -1 Each $ 1, , C. 42" Diameter Flared End Section 1 Each $ , d. 24" Diameter Temporary Pipe Plug 1 Each $ e. 36" Diameter Temparary Pipe Plug 1 Each $ D. Construct Junction Manhole 2 Each $ , E. Fum ish & Place Broken Concrete Rip Rap 150 Tons $ Remove & Haul Concrete Header 36 _LL $ 8.75_ L - 36 ' ~15.00

83 Application and Certificate for Payment Page 3 of 3 Application Number: 3 A pplication Date: 617/13 Period From: 5/1 f13 To: 5/31/13 Engineer's Project No.: 130-A Project Name: 2012 Part 6 Improvements No. Work Description Estimated U nit Unit Quantity T otal Stored to Total Completed Quantity Price Completed Completed Date & Stored 47 Construct Curb Inlet a. 6 Ft. Wide Throat - NDOR Type 1 Each $ 3, b. 8 Ft. Wide Throat 2 Each $ 2, , Construct Junction Manhole 4 Each $ 5, A. Construct Junction Manhole 1 Each $ ,49 Furnish & Install Reinforced Concrete Pipe. Class Ill a. 15' Diameter 15 L.F. $ , b. 24" Diameter 89 L.F. $ , , c. 36" Diameter 342 L.F. $ , d. 42" Diameter 730 L.F. $ e. 48" Diameter 112 L.F. $ , E. 48" Diameter 458 L.F. $ f. 36" Diameter Flared End Section 1 Each $ 1, g. 48' Diameter Flared End Section 1 Each $ 1, , h. 24" Diameter Temporary Pipe Plug 1 Each $ Remove & Haul Pavement 17 S.Y. $ Remove & Haul Sidewalk 650 S.F. $ Remove & Haul Concrete Header 36 L.F. $ Remove & Haul Curb Inlet 1 Each $ Remove & Haul Street light Pole Foundation 1 Each $ Furnish & Place Broken Concrete Rip-Rap 420 Tons $ ~ Adjust to Grade a. Manhole (includes 6' x 6' x 0.67' Support Deck) 2 Each $ , b. Valve Box 2 Each $ Furnish & Apply Type 'E' Seeding Mulch & Fertilizer (outlying City acreages) 1.15 Acres $ 1, Furnish, Install, Maintain & Remove Erosion Control a. Rock Entrance Road 75 S.Y. $ , b. Silt Fence 180 L.F. $ c. Wattle Silt Checks 140 L.F. $ d. Rock Dam Silt Checks 20 Tons $ Furnish, Install, Maintain & Remove Traffic Control on 2nd Avenue 1 L.S. $ 1, Furnish & Install Schedule 40 PVC Conduit a. 1 1/2" Diameter Trenched 310 L.F. $ b. 1 1/2" Diameter Lon!l Sweep Elbow 4 Each $ Vacum Fiber & 54th 1 L.S. $ 1, , Funrlsh & lnstall18" CLIII RCP Sta L.F Furnish & lnstall18" Temp. Plug Sta Each I Subtotal (3rd Avenue & 54th Street) 392, , I Total 616, ,596.32

84 COUNCIL AGENDA MEMO ITEM NO. IV - #11 FROM: Wendell Wessels, Director of Finance MEETING: June 25, 2013 SUBJECT: PRESENTER: Sale of 1987 E-One 80-foot Quint Ladder Truck No Presenter Consent Agenda Discussion: As you will recall, on December 11, 2012 the City Council awarded a bid to Sutphen Fire Equipment in the amount of $980,452 for the purchase of a new aerial fire truck. The new aerial fire truck will replace a 1987 E-One 80-foot Quint ladder truck which the Fire Department would like to sell. Section , Surplus Stock of Article 15, Purchasing of Chapter 1, Administration of the City Code requires approval of the City Council to sell equipment of $20,000 or more in value. Fiscal Note: The Fire Department estimates the value of the 1987 E-One 80-foot Quint ladder truck at somewhere between $100,000 and $125,000. The proceeds from the sale of the truck will be placed in the Fire Reserve Fund to be used for future Fire Station No. 1 improvements. Recommended Action: The attached resolution will allow the City to sell the 1987 E-One 80-foot Quint ladder truck by the method deemed most advantageous to the City. This includes selling the truck by auction, sealed bid, or by private or public sale. We provide services, solutions, and opportunities for our community.

85 RESOLUTION NO WHEREAS, on December 11, 2012, the City Council awarded the bid to Sutphen Fire Equipment in the amount of $980,452 for the purchase of a new aerial fire truck; and WHEREAS, with the purchase of a new aerial truck, the City wishes to sell a 1987 E-One 80-foot Quint ladder truck; and WHEREAS, in accordance with Section , Surplus Stock of Article 15, Purchasing of Chapter 1, Administration of the City Code allows the City to sell or dispose of property $20, or more in value by any method which is most advantageous to the City, including auction, sealed bid, private or public sale, trade-in for other property or disposal at the landfill. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City be and is hereby authorized and directed to sell the 1987 E-One 80-foot Quint ladder truck that was used by the Kearney Fire Department by the method deemed most advantageous to the City. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

86 COUNCIL AGENDA MEMO ITEM NO. IV - #12 FROM: Suzanne Brodine, Assistant City Manager/Development Services Director MEETING: June 25, 2013 SUBJECT: PRESENTER: Amendment to Community Redevelopment Authority Agreement for Services No Presenter Consent Agenda Discussion: In May 2010, Council approved a request that the annual service fee charged by the City be increased from $35,000 to $40,000 effective October 1, Further, Council approved a request that the fee be increased three percent annually effective October 1, During the past two years, base salary for the primary staff assigned CRA responsibilities has increased seven percent. Additionally, an Administrative Assistant was hired in December 2012 to further assist with the increasing workload, including that of TIF and grant projects. Based on these factors, Staff recommends that the annual service fee charged by the City be increased from $43,709 to $51,273 effective October 1, 2013 with the continuation of an annual three percent increase thereafter. With this approval, the total expenses paid to the City would still be an estimated $17,000 less per year for the CRA than the projected cost of direct staffing. Further, Staff recommends an amendment that extends the duration of the Agreement for Services that began on October 1, 2008 and ended on September 30, 2014 for an additional five years, ending on September 30, An amendment to the original Agreement for Services with the proposed additions discussed above is attached. The CRA approved this agreement on May 29, Fiscal Note: The City of Kearney shall receive $51,273 in revenues in FY14. Recommended Action: Staff recommends approval of an amendment to the Community Redevelopment Authority Agreement for Services increasing the fee for to $51, including the continuation of an annual three percent increase thereafter and the approval on an extension of the Agreement for five years, ending on September 30, We provide services, solutions, and opportunities for our community.

87 RESOLUTION NO WHEREAS, on September 9, 2008, the City Council passed Resolution No entering into an Agreement for Services with the Community Redevelopment Authority; and WHEREAS, on May 25, 2010 the City Council adopted Resolution No amending the Agreement for Services to increase the fee to $40,000 beginning October 1, 2010 and providing for annual three percent increases thereafter; and WHEREAS, it is mutually agreed between the parties to amend the Agreement for Services to increase the fee to $51,273 beginning October 1, 2013 and providing for annual three percent increases thereafter. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Agreement for Services between the City of Kearney and the Community Redevelopment be approved, and that a copy of the Agreement for Services, 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 for Services on behalf of the City of Kearney, Nebraska. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

88 AMENDMENT TO ORIGINAL AGREEMENT FOR SERVICES This Amendment is to the original Agreement for Services dated the 9th day of September, 2008, by and between the City of Kearney, Nebraska, a municipal corporation, hereinafter referred to as City, and the Community Redevelopment Authority, a division of the City of Kearney, hereinafter referred to as CRA. WHEREAS, it is the mutual desire of the parties and in the best interests of the City, the CRA, and the general public to amend the original agreement to extend the duration of the Agreement that began on October 1, 2008 and ended on September 30, 2014 for an additional five (5) years, ending on September 30, WHEREAS, it is the mutual desire of the parties and in the best interests of the City, the CRA, and the general public to amend the original agreement to increase the amount of the fee for services rendered by the City to $51, commencing October 1, NOW, THEREFORE, in consideration of the above premise and other good and valuable consideration, the parties agree to amend the original Agreement for Services as follows: 1. The parties hereto agree to enter into an arrangement whereas the City of Kearney will provide support services to the CRA. Support services include: Director and Treasurer services, office space and utilities, and office equipment and supplies. The duration of the Agreement is for the period of ten years beginning on October 1, 2008 and ending on September 30, For services rendered by the City, the CRA shall pay to the City the amount of $51, commencing on October 1, 2013 and beginning October 1, 2014 and each October 1 thereafter the fee shall increase three (3) percent. BE IT FURTHER RESOLVED, that the remaining terms and conditions set forth in the original Agreement for Services, dated September 9, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of, KEARNEY COMMUNITY REDEVELOPMENT AUTHORITY Jon Abegglen, Chairperson

89 KEARNEY CITY COUNCIL Stanley A. Clouse, Mayor ATTEST: Michaelle E. Trembly, City Clerk -2-

90 COUNCIL AGENDA MEMO ITEM NO. IV - #13 FROM: Michaelle Trembly, City Clerk MEETING: June 25, 2013 SUBJECT: PRESENTER: Grant Agreement for Aircraft Rescue and Fire Fight (ARFF) Facility No Presenter Consent Agenda Discussion: The City s engineers, Alfred Benesch & Company prepared the plans and specifications for the construction of an Aircraft Rescue and Fire Fighting (ARFF) facility to be located at the Kearney Regional Airport. On April 23, 2013 the Council awarded the bid to Sampson Construction from Lincoln, Nebraska in the amount of $1,677, The facility will consist of an administration area and two truck bays. The City opted to design and bid an option for a locally funded third ARFF truck bay which is Option 1. The FAA has approved the project and has submitted the Grant Agreement. Fiscal Note: The City of Kearney Capital Improvement Program (CIP) and the Federal Aviation Administration s (FAA) Airport Improvement Program (AIP) both include this project. With regard to the base bid, the FAA will fund 90% of the project costs and the City of Kearney will be responsible for the remaining 10% of the project costs. The cost for Option 1 the additional truck bay will be totally funded by the City. Recommended Action: Staff recommends approving the Grant Agreement for the construction of the ARFF Facility to be located at the Kearney Regional Airport. We provide services, solutions, and opportunities for our community.

91 RESOLUTION NO A RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR PROJECT NO FOR THE CONSTRUCTION OF AN AIRCRAFT RESCUE & FIRE FIGHTING BUILDING AT THE KEARNEY REGIONAL AIRPORT WHERAS, the City of Kearney, Nebraska has submitted a project application to the Federal Aviation Administration for Project No for the construction of an Aircraft Rescue & Fire Fighting Building at the Kearney Regional Airport; and WHEREAS, the Federal Aviation Administration has approved the project for the Kearney Regional Airport. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Kearney, Nebraska, that: 1. The City of Kearney shall enter into a Grant Agreement with the Federal Aviation Administration for Project No for the purpose of obtaining federal assistance for the construction of an Aircraft Rescue & Fire Fighting Building at the Kearney Regional Airport. The Grant Agreement, marked as Exhibit A, is attached hereto and made a part hereof by reference. 2. The Mayor of the City of Kearney is hereby authorized and directed to execute said Grant Agreement on behalf of the City of Kearney and the City Clerk is hereby authorized to attest said execution. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

92 r~ U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART 1- OFFER ~ " JUN I Date of Offer -~ea ~!'_E!~ Re_g!~n~! _ (herein called the "Airporl'J Grant No DUNS No TO: FROM: City of Kearney, Nebraska (herein called the "Sponsor") The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 9, 2013, for a grant of Federal funds for a project at or associated with the Kearney Regional Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (or Planning Area) (herein called the "Project") consisting of the following: Construct Aircraft Rescue & Fire Fighting Building all as more particularly described in the Project Application. FAA Form (10-89) 1 of 30

93 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions For purposes of this award term: 1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at 2. Data Universal Numbering System DUNS number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently ) or the Internet (currently at 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non-federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. c. A subaward may be provided through any legal agreement, including an ag reement that you consider a contract. 10. ELECTRONIC GRANT PAYMENT(S): The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for FAA grantees. Each payment request under this grant agreement must be made electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. The following are the procedures for accessing and utilizing the Delphi elnvoicing System. A. Grant Recipient Requirements. (1 ) Grantees must have Internet access to register and submit payment requests through the Delphi elnvoicing system unless, under limited circumstances, a waiver is granted by the FAA and DOT under section (c) below. (2) Grantees must submit payment requests electronically and the FAA will process payment requests electronically. B. System User Access. (1) Grantees must contact the FAA Airports DistricURegional Office and officially submit a written request to sign up for the system. The FAA Office of Airports will provide the grantee's name, address and telephone number to the DOT Financial Management Office. The DOT will then invite the grantee via to sign up for the system and require the grantee to complete two forms. The grantee will FAA Form (10-89) 3 of 30

94 complete a web based DOT registration form and download the Proof of Identification form to verify the grantee's identity. (2) The grantee must complete the Proof of Identification form, and present it to a Notary Public for verification. The grantee will return the notarized form to: DOT Enterprise Services Center FAA Accounts Payable, AMZ-100 PO Box Oklahoma City, OK (3) The DOT will validate the both forms and a user ID and password to the grantee. Grantees should contact the FAA Airports DistricURegional Office with any changes to their system information. Note: Additional information, including access forms and training materials, can be found on the DOT elnvoicing website ( C. Waivers. DOT Financial Management officials may, on a case by case basis, waive the requirement to register and use the electronic grant payment system based on user requests and concurrence of the FAA. Waiver request forms can be obtained on the DOT elnvoicing website ( or by contacting the FAA Airports DistricURegional Office. Recipients must explain why they are unable to use or access the Internet to register and enter payment requests. (1) All waiver requests should be sent to the FAA Airports DistricURegional Office for concurrence, prior to sending to the Director of the Office of Financial Management, US Department of Transportation, Office of Financial Management, B-30, room W93-431, 1200 New Jersey Avenue SE, Washington DC , DOTEiectroniclnvoicing@dot.gov. The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days. (2) If a grantee is granted a waiver, the grantee should submit all hard-copy invoices directly to: DOT/FAA PO Box AMZ-11 0 Oklahoma City, OK INFORMAL LETTER AMENDMENT OF AlP PROJECTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25, or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 12. AIR AND WATER QUALITY: Approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply with this requirement may result in suspension, cancellation, or termination of Federal assistance under this agreement. 13. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below Pavement Maintenance Management Program An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: FAA Form (10-89) 4 of 30

95 a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AlP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. (2) Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location, (3) distress types, and (4) maintenance scheduled or performed. For drive-by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 14. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standard s on laboratory evaluation, referenced in the contract specifications (0 3666, c 1 077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, high lighting those tests that failed or that did not meet the applicable test standard. The report shall FAA Form (10 89) 5 of 30

96 include the pay reductions app lied and the reasons for accepting any out-of-tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 15. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 16. MAXIMUM OBLIGATION INCREASE FOR PRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. SPECIAL CONDITIONS 17. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones: a. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless approved by the FAA. b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. c. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire fee title or less-thanfee interest in the Runway Protection Zones for runways that presently are not under its control within 5 years of this Grant Agreement. Said interest shall provide the protection noted in above Subparagraphs a and b. 18. PLANS & SPECIFICATIONS APPROVED: It is understood and agreed by and between the parties hereto that any reference herein or in the aforesaid Application for Federal Assistance, dated May 9, 2013, to plans and/or specifications shall refer to the plans and/or specifications as approved by the FAA on March 19, FAA Form (10-89) 6 of 30

97 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Jim A. Johnson (Name) Manager, Airports Division (Title) FAA Form (10-89) 7 of 30

98 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct. 1 Executed this day of City of Kearney, Nebraska (Name of Sponsor) Attest: (SEAL) By: Title: (Signature of Sponsors Designated Official Representative) (Printed Name of Sponsors Designated Official Representative) (Title of Sponsors Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY I,, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Nebraska. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of By (Signature of Sponsors Attorney) 1 Knowingly and willful ly providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. FAA Form (10-89) 8 of 30

99 COUNCIL AGENDA MEMO ITEM NO. IV - #14 FROM: Suzanne Brodine, Assistant City Manager/Development Services Director MEETING: June 25, 2013 SUBJECT: PRESENTER: Building Inspection Services Interlocal Agreement No Presenter Consent Agenda Discussion: On July 9, 2012 The City Council approved an Interlocal Agreement with the City of Minden for Building Inspection Services. The City of Minden is working to train and certify an employee to be capable of appropriate interpretation and enforcement of building codes, but they continue to need additional assistance with building inspections. Development Services staff, at the request of Minden administration, has developed a shortterm solution to provide inspection services to continue in Minden while local staff continue training. Kearney staff will provide plan review and building inspection services for up to 12 months. Minden has a limited number of new structures each year; accordingly, this interlocal agreement is restricted to five structures either commercial or residential. The fee associated with these services represents the revenues that Kearney would anticipate from similar permits and covers the staff and travel expenses for the inspections. Additional inspections may be undertaken by Kearney staff at their discretion, for an additional fee paid by Minden. During the previous agreement 12 month period, Kearney inspected seven residential structures for Minden. Kearney staff has also invited Minden to send the code inspector to Kearney for field training with Kearney building inspectors. Fiscal Note: Minden will pay a fee of $6,500 to the City of Kearney for review and inspection services. Additional structures outside of the anticipated five (5) per year will require a fee of $1,400 for each commercial structure and $800 for each residential structure. Recommended Action: Staff recommends approval of the Joint City of Kearney-City of Minden Building Inspection Services Interlocal Agreement. We provide services, solutions, and opportunities for our community.

100 RESOLUTION NO WHEREAS, on June 26, 2012 the City Council adopted Resolution No approving Joint City of Kearney-City of Minden Building Inspection Services Interlocal Agreement; and WHEREAS, it has been determined to be in the interest of both communities that the City of Kearney staff will provide plan review and building inspection services for up to twelve (12) months; and WHEREAS, the City of Kearney and the City of Minden have agreed that Kearney continue to provide Minden with plan review and building inspection services for up to twelve (12) months. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Joint City of Kearney-City of Minden Building Inspection Services Interlocal Agreement, marked as Exhibit A, attached hereto and made a part hereof, be and is hereby approved. BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and directed to execute the said Interlocal Agreement on behalf of the City of Kearney. PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

101 JOINT CITY OF KEARNEY CITY OF MINDEN BUILDING INSPECTION SERVICES INTERLOCAL AGREEMENT This Interlocal Agreement, made and entered into between the City of Kearney, Nebraska, hereinafter called "KEARNEY", and the City of Minden, Nebraska, hereinafter called "MINDEN". WITNESSETH: 1. KEARNEY and MINDEN hereby enter into this Interlocal Agreement under and by virtue of the power to do so granted by the lnterlocal Cooperation Act, Sections to , inclusive, of the Nebraska Revised Statutes, as amended. 2. MINDEN is desirous of entering into an Interlocal Agreement to establish a building inspection program which provides skilled, experienced inspectors to the community on a limited basis within the revenues generated by associated inspection fees. 3. KEARNEY is desirous of entering into an Interlocal Agreement to provide building inspection services to MINDEN. NOW, THEREFORE, the parties of the Interlocal Agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: 1. KEARNEY will provide plan review for up five (5) new residential structures annually. 2. KEARNEY will provide minimum building inspection services for up to five (5) new structures, either residential or commercial, annually. Eligible commercial structures must be less than the maximum building area as outlined in the Nebraska State Engineers and Architects Regulation Act Handbook, Chapter Inspection services will include up to nine (9) inspections per structure, including: Footing / Foundation Underfloor Plumbing Framing Rough in Plumbing Rough in Electrical Gas Sewer Final Electrical Building Inspection Services Interlocal Agreement Page 1 of 3 Last Modified on 6/20/2013

102 Final Inspection 3. KEARNEY will provide these services in exchange for the sum of $6,500 per year for a period of one (1) year from the date of this Agreement to be paid in one (1) installment by November 1, The Agreement will continue from year to year, subject to negotiations between KEARNEY and MINDEN for the following years, provided that all said negotiations for the extended term shall be concluded at least sixty (60) days prior to the expiration date of this Agreement. 4. In the event that the parties fail to agree to a negotiated price for the additional term subsequent to the initial Interlocal Agreement, the Interlocal Agreement will remain in effect under the terms and conditions of the last negotiated Interlocal Agreement price in the year preceding subject to the following exception: 5. This Interlocal Agreement may be altered or terminated at any time upon filing of written notice by either party, KEARNEY or MINDEN, sixty (60) days prior to the effective termination date. Notice of Cancellation may be served by regular mail upon either the City Manager as representative of KEARNEY or upon the City Administrator as representative of MINDEN. 6. KEARNEY will provide digital copies of all information entered for MINDEN into building inspection software on a quarterly basis. This information remains the property of MINDEN and will be removed from the software system and transferred to a digital copy for permanent retention by MINDEN within a reasonable time upon termination of this agreement. 7. MINDEN shall be responsible for providing sufficient staff, to manage administrative duties associated with the building inspection services required by this Interlocal Agreement. 8. Inspection services performed in MINDEN by KEARNEY will require a twentyfour (24) hour notice to allow adequate time for scheduling. 9. Additional inspection services above the minimum building inspection services listed in Section 1, shall be performed by KEARNEY for an additional fee of $800 for new residential structures and $1,400 for new commercial structures as scheduling allows at the discretion of the Chief Building Official. KEARNEY reserves the right to refuse to conduct additional building inspection services beyond the minimum. 10. This instrument contains the entire Interlocal Agreement between the parties, and no statement, promises, or inducements made by other party or agent of either party that is not continued in the written Agreement shall be valid or binding; and this Interlocal Agreement may not be enlarged, modified, or altered except in writing signed by the parties and endorsed hereon. Building Inspection Services Interlocal Agreement Page 2 of 3 Last Modified on 5/18/2012

103 11. This Agreement shall inure to the benefit and be binding upon to the heirs, executors, administrators, assignees and successors of the respective parties. Dated this day of, ATTEST: CITY OF KEARNEY, NEBRASKA Notary Michael W. Morgan, City Manager Dated this day of, ATTEST: CITY OF MINDEN, NEBRASKA Notary Matthew Cederburg, City Administrator Building Inspection Services Interlocal Agreement Page 3 of 3 Last Modified on 5/18/2012

104 COUNCIL AGENDA MEMO ADDENDUM ITEM NO. IV - #15 FROM: Michaelle Trembly, City Clerk MEETING: June 25, 2013 SUBJECT: Cunningham s Journal Special Designated Licenses for July 24, 2013 PRESENTER: No Presenter Consent Agenda Discussion: The City has received an application for a Special Designated License to cater alcoholic liquor in the Exposition Building at the Buffalo County Fairgrounds on July 24. 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 this event 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 are no adverse financial considerations regarding the application. Recommended Action: Staff recommends approval of the application as submitted by Cunningham s Journal. We provide services, solutions, and opportunities for our community.

105 APPLICATION FOR SPECIAL DESIGNATED LICENSE NEBRASKA LIQUOR CONTROL COMMISSION 30 I CENTENNIAL MALL SOUTH POBOX95046 LINCOLN, NE PHONE: (402) FAX: (402) Website: RET AIL LICENSE HOLDERS g) NON PROFIT APPLICANTS 0 Non Profit Status (check one that best applies) Do You NEED POSTERS? YEsD No I I I Municipal0olitical0ine Arts0Fraterna10Religious0:haritable0ublic ServiceO COMPLETE ALL QUESTIONS 1. Type of alcohol to be served and/or consumed: BeeriZJwineiZ}::>istilled Spiritsl.f I 2. Liquor license number and class (i.e. C-55441) (If you're a nonprofit organization leave blank) lck Licensee name (last, first,), corporate name or limited liability company (LLC) name (As it reads on your liquor license) NAME: Nightlife Concepts Inc ADDREss: 15 W 23rd St PO Box 1266 CITY Kearney ZIP Location where event will be held; name, address, city, county, zip code BUILDING NAME Expo Building Buffalo County Fairgrounds ADDREss: 3807 Ave N city Kearney ZIP COUNTY and COUNTY # Buffalo #9 =-~~==~ a. b. c. Is this location within the city/village limits? Is this location within the 150' of church, school, hospital or home for aged/indigent or for veterans and/or wives? Is this location within 300' of any university or college campus? YEs[Z]Nc(] YEsQo[Z] YEsQo[Z] FORM 108 REV Mar-1 3 Page 2 of 5

106 5. Date(s) and Time(s) of event (no more than six (6) consecutive days on one application) Date Date Date Date Date Date 7/24 Hours Hours Hours Hours Hours Hours From From From From From From 4:00PM To To To To To To 12:00AM a. Alternate date: b. Alternate location: (Alternate date or location must be specified in local approval) 6. Indicate type of activity to be carried on during event: Q DanceQReception Ound RaiserQBeer Garden Oarnpling/Tasting {!) Other Business After Hours Reception 7. Description of area to be licensed Inside building, dimensions of area to be covered IN FEET 3oo x_17_s_ (not square feet or acres) *Outdoor area dimensions of area to be covered IN FEET so x oo "*SKETCH OF OUTDOOR AREA (or attach copy of sketch) (sample sketch) If outdoor area, how will premises be enclosed? _x_ Fence; _x _ snow fence chain link ~cattle panel other Tent 8. How many attendees do you expect at event? _so_o 9. If over 150 attendees. Indicate the steps that will be taken to prevent underage persons from obtaining alcohol beverages. (Attach separate sheet if needed) attached 10. Will premises to be covered by license comply with all Nebraska sanitation laws? YES[{JNoO a. Are there separate toilets for both men and women? YEs{Z)NoO FORM 108 REV Mar-13 Page 3 ofs

107 11. Retailer: Will you be purchasing your alcohol from a wholesaler? Non-Profit: Where will you be purchasing your alcohol? YES x NO 12. Wholesaler Retailer Both BYO (includes wineries) 11. r71 Will there be any games of chance operating during the event? YESLJNOlYJ NOTE: Only games of chance approved by the Department ofrevenue, Charitable Gaming Division are permitted. All other forms of gambling are prohibited by State Law: There are no exceptions for Non Profit Organizations or any events raising funds for a charity. This is only an application for a Special Designated License under the Liquor Control Act and is not a gambling permit application. 13. Any other information or requests for exemptions: 14. Name and telephone number/cell phone number of immediate supervisor. This person will be at the location of the event when it occurs, able to answer any questions from Commission and/or law enforcement before and during the event, and who will be responsible for ensuring that any applicable laws, ordinances, rules and regulations are ad,b.e t PLEASE PRINT LEGffiLY Print name of Event Supervisor_M_ i_k -:-r e'---ar _n...,._77'-r--or;-_n Event Supervisor phone: ;During address joumalpub@gmail.com Consent of Authorized Representative/ Applicant 15. I declare that I am the authorized representative of the above named license applicant and that the statements made on this application are true to the best of my knowledge and belief. I also consent to an investigation of my background including all records of every kind including police records. I agree to waive any rights or causes of action against the Nebraska Liquor Control Commission, the Nebraska State Patrol or any other individual releasing said information to the Liquor Control Commission or the Nebraska State Patrol. I further declare that the license applied for will not be used by any other person, group, organization or corporation for profit or not for profit and that the event will be supe y persons directly responsible to the holder of this Special Designated License. sign here -~~~-~~~~~-~ Mike Anderson Print Name President 6/21/13 Title Date This indiv idual must be listed on the application as an officer or stockholder unless a letter has been filed appointing an individual as the catering manager allowing them to sign all SDL applications. The law requires that no special designated license provided for by this section shall be issued by the Commission without the approval of the local governing body. For the purposes of this section, the local governing body shall be the city or village within which the particular place for which the special designated license is requested is located, or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located. FORM 108 REV Mar- 13 Page 4 of5

108 Grounds Map - Google Maps Page 1 of2 To see all the details that are visible on the screen, use the "Prtnt" fink next to the map. ~...J /maps.google.com/maps/ms?msa=o&msid= b91 b9fe0c... 6/6/2013

109 Nightlife Concepts Inc DBA Cunningham's Joumal Special Designated License Application Business After Hours July 24th Security Measures and prevention of underage drinking Cunningham's Journal will supply properly trained staff to cater a business after hours reception at the fairgrounds July 24th. These personnel are used on a nightly basis at Cunningham's for the same purposes. Cunningham's staff has passed appropriate server/batiender training classes and been cetiified. Wristbands are issued to patrons who are of age with proper identification. No one without a wristband is able to drink alcoholic beverages. No wristband without proper ID. Cunningham's Journal has provided beverage service for many wedding receptions and events such as the PBR, Buffalo County Fair in the past, and events with beer gardens and tents. Every event and reception has been treated just like business at Cunningham's Joumal and in respect to the law. Mike Anderson NightLife Concepts Inc

110 {11 CITY Of KEARNEY ~ ' ' r ~. : ' '... City of Kearney, Nebraska Sp~cial Designated License Supplemental Form TO THE LIQUOR LICENSEE The Kearney City Council passed Resolution No establishing a policy dealing with the consideration of liquor licenses given the concerns they have with reference to under age drinking and other liquor license violations within the City of Kearney. With reference to special designated licenses, if the license holder that is making application for such a special designated license has had two or more violations of the law including the sale of alcohol to a visibly intoxicated person and/or the sale of alcohol to a minor within one calendar year (calendar year shall be defined as from January 1 to December 31 of a given year) of the last issuance of its underlying liquor license or three or more such violations within the last five years, it shall be the policy of the City Council to deny such application and to not grant that license holder the ability to have a special designated license for the event requested. This policy is a nonbinding resolution and the City Council may evaluate each license application on a case-by-case basis and take into consideration such circumstances or factors as it might deem appropriate with reference to each individual application or applicant. I hereby certify that I, as the liquor licensee, have read and undel}ta11ci}f,e4 o1icy)established by the Kearney City Council. I further understand that the citizen r cfues inc e to!jiake application for a special designated license must execute this form. TO THE CITIZEN REQUESTING LIQUOR AT EVENT You are hereby notified that the if above liquor licensee has had two or more violations of the law including the sale of alcohol to a visibly intoxicated person and/or the sale of alcohol to a minor within one calendar year (calendar year shall be defined as from January 1 to December 31 of a given year) of the last issuance of its underlying liquor license or three or more such violations within the last five years, that the Kearney City Council may deny the application. To determine if the above liquor licensee has had any violations, you can call the City Clerk at or you can visit the Nebraska Liquor Control Commission's web site at ne.aov. I hereby certify that I have read and understand the foregoing document. Telephone Number We provide services, solutions, and opportunities for our community. 03/22/201 1

111 COUNCIL AGENDA MEMO ITEM NO. V - #1 FROM: Michaelle Trembly, City Clerk MEETING: June 25, 2013 SUBJECT: PRESENTER: Amend Ordinance Zoning Property Located East and West of 56th Street and Eastbrooke Drive on the North No Presenter Consent Agenda Ordinance Discussion: On November 8, 2011, the City Council passed Ordinance No rezoning property located east and west of 56th Street and Eastbrooke Drive on the north from District AG, Agricultural District and District R-2, Urban Residential Mixed-Density District to District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District. It appears that the legal description has an error that needs to be corrected. Therefore, attached is Ordinance No. 7687A that amends Section 1 of the original Ordinance No correcting the legal description. This is merely a housekeeping matter. Fiscal Note: There is no financial consideration involved in the ordinance amendment. Recommended Action: Staff recommends approval of Ordinance No. 7687A amending the legal description of Section 1 of original Ordinance No We provide services, solutions, and opportunities for our community.

112 ORDINANCE NO. 7687A AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, TO AMEND SECTION 1 OF ORDINANCE NO OF THE CITY OF KEARNEY, NEBRASKA, PASSED AND APPROVED ON NOVEMBER 8, 2011 BY AMENDING THE LEGAL DESCRIPTION OF THE PROPERTY BY REZONED FROM DISTRICT AG, AGRICULTURAL DISTRICT AND DISTRICT R-2, URBAN RESIDENTIAL MIXED-DENSITY DISTRICT TO DISTRICT R-3/PD, URBAN RESIDENTIAL MULTI-FAMILY (MEDIUM DENSITY)/ PLANNED DEVELOPMENT OVERLAY DISTRICT; ALL REMAINING PROVISIONS OF ORDINANCE NO SHALL REMAIN IN FULL FORCE AND EFFECT; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY THE AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF KEARNEY, NEBRASKA: Section 1. The Section 1 of Ordinance No. 7687, passed and approved by the City Council on November 8, 2011, be and is hereby amended to read as follows: Section 1. That property described as Lot 12, Block Six, now vacated, and Lot 1 in Block Seven, Eastbrooke Eighth, an addition to the City of Kearney, Buffalo County, Nebraska, TOGETHER WITH a tract of land being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, all more particularly described as follows: Referring to the Southeast Corner of the Southwest Quarter of Section 19, and assuming the South line of said Southwest Quarter of said Section 19 as bearing N89 54'11"W and all bearings contained herein are relative thereto; thence N89 54'11"W and on the aforesaid South line a distance of feet to a point on the West line of Lot 12, Block Six, now vacated, Eastbrooke Eighth, an addition to the City of Kearney, Buffalo County, Nebraska if extended southerly; thence leaving the South line of the Southwest Quarter, N00 05'49"E and on the west line of said Lot 12, Block Six, if extended southerly, a distance of feet to the ACTUAL PLACE OF BEGINNING, said point being the northwest corner of Lot 12, Block Six; thence continuing N00 05'49"E a distance of 10.0 feet; thence S89 54'11"E and parallel with the North line of said Lot 12, Block Six a distance of feet to a point on the West line of "Eastbrooke Drive", a street in the City of Kearney, Buffalo County, Nebraska; thence on the West line of said "Eastbrooke Drive",

113 Ordinance No. 7687A Page 2 S00 05'49"W a distance of 10.0 feet to the northeast corner of said Lot 12, Block Six; thence N89 54'11"W on the north line of said Lot 12, Block Six a distance of feet to the place of beginning, containing acres, more or less, Buffalo County, Nebraska be rezoned from District AG, Agricultural District and District R-2, Urban Residential Mixed-Density District to District R-3/PD, Urban Residential Multi-Family (Medium Density)/Planned Development Overlay District. Section 2. Except as amended by this Ordinance, the remaining provisions of ordinance No shall be and remain in full force and effect. Section 3. That ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law and shall be published in pamphlet form by authority of the City Council. INTRODUCED BY COUNCIL MEMBER PASSED AND APPROVED THIS 25TH DAY OF JUNE, ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

114 COUNCIL AGENDA MEMO ITEM NO. V - #2 FROM: Michaelle Trembly, City Clerk MEETING: June 25, 2013 SUBJECT: Amend Ordinance Creating Paving Improvement District No PRESENTER: No Presenter Consent Agenda Ordinances Discussion: On October 9, 2012 the City entered into a Subdivision Agreement with Grand West and Morrison Enterprises for the creation of paving, water, sanitary sewer and storm sewer 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. On May 14, 2013 the City Council adopted the ordinances creating the various paving, water and sanitary sewer districts. When filing the ordinances with the Register of Deeds, she noticed that in the legal description for Paving Improvement District No , Lot 6 of Block Five, Fountain Hills Fifth Addition was omitted. Therefore, attached is the amending Ordinance No. 7801A to include this lot to the legal description. 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 approval of the amending ordinance to include Lot 6 of Block Five, Fountain Hills Fifth Addition to Paving Improvement District No We provide services, solutions, and opportunities for our community.