Regular Meeting December 20, 2010

Regular Meeting December 20, 2010 The Scottsbluff City Council met in a regular meeting on Monday, December 20, 2010 at 6:00 p.m. in the Council Chambers of City Hall, 2525 Circle Drive, Scottsbluff. A notice of the meeting had been published on December 17, 2010 in the Star Herald, a newspaper published and of general circulation in the city. The notice stated the date, hour and place of the meeting, that the meeting would be open to the public. That anyone with a disability desiring reasonable accommodation to attend the council meeting should contact the city clerk s office, and that an agenda of the meeting kept continuously current was available for public inspection at the office of the city clerk in City Hall; provided, the city council could modify the agenda at the meeting if it determined that an emergency so required. A similar notice, together with a copy of the agenda, also had been delivered to each council member, made available to radio stations KNEB, KMOR, KOAQ, and television stations KSTF and KDUH, and the Star Herald. The notice was also mailed to 11 agencies in a written report, on December 17, 2010. An agenda kept continuously current was available for public inspection at the office of the city clerk at all times from publication of the notice to the time of the meeting. Mayor Meininger presided and City Clerk Dickinson recorded the proceedings. Mayor Meininger welcomed everyone in attendance and encouraged all citizens to participate in the council meeting asking those wishing to speak to come to the microphone and state their name and address for the record. Mayor Meininger informed those in attendance that a copy of the Nebraska Open Meetings Act is posted in the back of the room on the west wall for the public s review. The following Council Members were present: David Boeckner, Raymond Gonzales, Randy Meininger, Mike Deibert. Absent: Bill Zitterkopf. Mayor Meininger asked if there were any changes to the agenda. There were none. Mayor Meininger asked if any citizens with business not scheduled on the agenda wished to include an item providing the City Council determines the item requires emergency action. There were none. Moved by Council Member Boeckner, seconded by Mayor Meininger that, The minutes of the December 6, 2010 Regular Meeting be approved, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. Moved by Council Member Boeckner, seconded by Council Member Gonzales, That the following claims be and hereby are approved and should be paid as provided by law out of the respective funds designated in the list of claims dated December 20, 2010, as on file with the City Clerk and submitted to the City Council. YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. CLAIMS PAYROLL $ 54,225.22 W/H; REGIONAL CARE $ 117,788.72 INS CLAIMS; WELLS FARGO $ 25,463.47 ; RETIREMENT; PVNB-HEALTH SAVINGS $ 13,579.28 EMP DED; STATE OF NE $ 17,213.95 PAYROLL TAX; NEBRASKA CHILD SUPPORT PAYMENT CENTER $ 1,370.46; ACCEL REC SOL $118.60 WAGE ATTACH; ACTION COMM $38.35 PAGER; AIR CYCLE $189.06 SUPP; ALAMAR UNIFORMS $109.67 UNIFORMS; ANTHONY A PLEICK $5,800.00 HSNG REHAB; ARBOR DAY FOUNDATION $15.00 MBERSHIP; ASSURITY LIFE INSURANCE CO $73.43 INS; AULICK IND TRUCK & TRAILER $967.25 REPAIRS; B&C STEEL $61.89 MAINT; BAKER & TAYLOR $132.11 BOOKS; BAKER & TAYLOR $905.78 BOOKS; MATT BEASON $16.80 REFUND; BLUFFS CHASSIS $2,156.77 REPAIRS; BLUFFS SAN SUPPLY $876.96 SUPP; FARM PLAN $31.62 MAINT; BRENTANO FABRICS 1

$108.00 SUPP; BROADWAY OFFICE $180.00 COPIES; CARR TRUMBULL LBR $10.44 REPAIRS; CASH-WA DISTRIBUTING $128.80 \SUPP; CEMENTERS $92.02 SUPP; CNTR POINT LARGE PRNT $82.68 BOOKS; CENTRY 21 $129.94 REFUND; CENTURY LUMBER CENTER $34.23 SUPP; CITY OF GERING $36,407.99 MAINT; CITY OF SCOTTSBLUFF $171,321.78 PAYROLL; STEVEN COMBS $96.50 REFUND; COMFORT INN SCB $71.99 TRNG; COMMUNITY HEALTH-RWMC $2,821.25 FLU VACC; CONNECTING POINT $104.28 MAINT; CONTRACTORS MAT $362.58 SUPP; CREDIT MANAGEMENT SERVICES INC $186.69 WAGE ATTACH; CRESCENT ELECT SUPPLY $71.59 SUPP; CULLIGAN $67.10 RENTAL; DALES TIRE & RETREAD $287.27 REPAIRS; DANKO EMERGENCY EQUIP CO $690.56 PARTS; SCOTT W. DAY $21,000.00 CONTRACTUAL; DEMCO $22.40 SUPP; DIANA DEEDS TRAVEL $612.40 BUS TRVL; DIVERSE MEDIA $24.32 SUPP; DUHAMEL BROADCASTING ENT. $750.00 ED PSA; MICHELLE DUYCK $29.58 REFUND; J G ELLIOTT $100.00 BOND; ELLIOTT EQUIP $9,676.50 EQUIP; ENERGY LAB $210.00 SAMPLES; ENVIRO SERV $903.53 SAMPLES; NANCY ESCAMILLA $97.69 SUPP; FEDERAL EXPRESS $201.98 SHPNG ; LUCINDA FLORES $39.64 REFUND; ROSEMARY FLORES $3.24 REFUND; FLOYDS SALES & SERV $228.83 REPAIRS; JR FOOS $16.31 REFUND; FOREE TIRE DIST $306.20 MAINT; FYR-TEK $980.59 SUPP; REICHERT JEWELRY $100.00 RET GIFT; GALE GROUP $126.39 BOOKS; GERING VALLEY PLUMBING & HTG. $231.00 MAINT; GREAT PLAINS ONE CALL $170.95 LOCATES; HACH CHEMICAL $225.94 SUPP; HARDING & SHULTZ, P.C., L.L.O. $21.50 LGL CONTRACTUAL; HARRIS COMP SYSTEMS $2,171.89 TECH ASST; HASLER FINANCIAL SVC,LLC $153.09 LEASE; HAWKINS $7,697.25 TESTS; HEILBRUN FARM IND SUPP $2,172.11 PARTS; HEWLETT PACKARD ED $660.00 MAINT; HOLIDAY INN - OGALLALA $77.00 TRNG; HOME DEPOT CREDIT SERVICES $134.00 SUPP; ICMA RETIREMENT TRUST $2,079.31 RETIRE; IDEAL LINEN $717.29 SUPP; INNOVATIVE EDUCATORS $1,051.98 BOOKS; INTERNAL REVENUE SERVICE $50.00 WAGE ATTACH; CODY ISOM $100.00 UNIF; J.D.'S ACE BODY SHOP $5,182.31 REPAIRS; KNOLL TEXTILES $1,400.15 SUPP; KRIZ DAVIS $27.93 SUPP; LEAGUE ASSOC OF RISK MGMT $308.00 INS; KATHLEEN A LAUGHLIN, TRUSTEE $286.00 WAGE ATTACH; LINWELD $84.75 SUPP; MADISON NATIONAL LIFE $2,086.59 INS; MAHARAM $568.64 SUPP; MENARDS $652.37 MAINT, SUPP; MID-CONTINENT SAFETY LLC $380.58 TESTS; MILLIGAN, HARRY $20.00 TRNG; MONEY WISE OFFICE SUPPLIES $450.93 SUPP; ALEX B MORENO $194.55 BUS TRVL; MURDOCHS RANCH & HOME SUPPLY $120.97 SUPP; NE LIFE MAGAZINE $92.80 BOOKS; NEBR MACHINERY $1,374.55 REPAIRS; NEBR ENVIRONMENTAL PRODUCTS $1,807.51 PARTS; NW PIPE FITTINGS $33.50 MAINT; NPPD $48,191.95 UTIL; OCLC $288.81 SUPP; OREGON TRAIL PLBG & HTG $84.00 MAINT; PANHANDLE AREA DEV DIST $5,411.56 DUES; PANHANDLE COLLECTIONS $237.17 WAGE ATTACH; PANHANDLE COOP $17,864.22 FUEL; PAUL REED CONST $477.19 MAINT; ELISEO PEREZ $2,025.00 TRANSP ; POSTMASTER $390.80 POSTAGE; PRINT EXPRESS $207.45 SUPP; QUILL CORP $121.78 SUPP; RAILROAD MANAGEMENT CO III,LLC $609.81 RENT; MICHAEL RAMIREZ $5,795.00 REPAIRS; REGANIS AUTO CENTER $27,968.00 TRUCK; RGN 1 OFC HUMAN DVLPMNT $825.00 CONTRACTUAL; SMEC $290.00 UNITED WAY; KATHY J SANCHEZ $12.22 REFUND; SANDBERG IMPLEMENT $624.72 MAINT; SCOTTSBLUFF BODY & PAINT $860.00 TOW SERVICE; SCB COUNTY TREASURER $1,972.76 SALES TAX; SCB FIREFIGHTERS UNION LOCAL 1 $210.00 DUES; SCB POLICE OFFICERS ASS'N $312.50 DUES; SCB SCREENPRINTING $60.00 SUPP; SCB TENT & AWNING $65.00 REPAIRS; DAVID SCHAFF $6.43 REFUND; SCHANK ROOFING SERVICE $2,785.50 REPAIRS; SCREENVISION DIRECT $240.00 ADV; SENSUS TECH INC $1,320.00 SOFTWARE SUPPORT; SHERWIN WILLIAMS $30.98 SUPP; SIMMONS, OLSEN, EDIGER, SELZER $11,622.04 CONTRACTUAL; SIMON CONT $570.06 REPAIRS; SORENSEN MICKEY & 2

HAHN TRUST A $100.00 WAGE ATTACH; KEVIN SPENCER $15.08 BUS TRVL; STAPLES $367.12 SUPP; STAR HERALD $1,493.54 LEGAL NOTICES; STATE FIRE MARSHALL $100.00 OVERPMT ; STATE OF NE.DEPT.OF LABOR $108.00 INSPECT; JERAH STOVALL $25.52 REFUND; THOMPSON GLASS $98.71 SUPP; THOMMY JOHNNYS $475.00 CONTRACTUAL; TOTAL FUNDS BY HASLER $1,000.00 POSTAGE; RAY TWEHOUS $300.00 DEED; USA BLUEBOOK $614.22 PARTS; VERIZON WIRELESS $702.59 CELL PHONE; VIAERO WIRELESS $60.18 CONNECTION; SHERYL WALLENRICH $62.03 REFUND; WALMART $409.85 SUPP; WESTERN PATHOLOGY $102.00 TESTING; YMCA $1,685.25 FITNESS. City Manager Kuckkahn presented change proposal 008 to the Lied Scottsbluff Public Library in the amount of $9,997.00 to McCauley Constructors, Inc. to be paid from contingency funds. The change order is necessary for the installation and temporary irrigation of native, drought-tolerant turf grass at the Library. Moved by Council Member Boeckner Seconded by Council Member Deibert to approve the change order to McCauley Constructors in the amount of $9,997.00, to be paid out of contingency funds, for additional landscape work at the Lied Scottsbluff Library, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. Mr. Kuckkahn presented a Requisition Certificate for the Library which staff has reviewed. The additional expenses dealing with delays due to asbestos removal have been removed. Moved by Council Member Boeckner, seconded by Council Member Deibert, to approve Requisition Certificate No. 5 authorizing payments for project costs associated with the construction of the Lied Scottsbluff Public Library and authorize the Mayor to execute said certificate, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. Mayor Meininger opened the Public Hearing at 6:05 p.m. as advertised for this date to review and consider the Economic Development Citizen s Advisory Committee Report. Deputy City Attorney Rick Ediger presented the Report on behalf of the Committee. The Citizen s Review Committee reviews the performance of all LB 840 grants periodically. All of the businesses included on the Report are required to earn job credits by employing a certain number, and submitting annual reports. These reports are reviewed by staff and the Committee is required to review the information and to submit a Committee Report twice a year to the City Council. The current Report is based on information received by the City for all applicant reports for the quarters ending December 31, 2009 through June 30, 2010. All businesses required to submit reports during that time have submitted their reports. There have been a total of 34 grants since the beginning of the program, with 16 currently active. The others have either been terminated, earned, repaid or settled. We have settled the repayment of a few grants, and the businesses either have or are paying as they agreed. Two grants expired as of the June 30 reporting period. Chicory USA and Allo Communications, both have balances owed to the City since they have not employed the number of employees expected at the time of their grants. They have been sent notices to either pay the deficiency or to apply for an extension of time to earn job credits. Generally, if a business is a viable employer, we prefer they continue to be an active employer than require repayment. This program has provided 7 ½ million dollars in grants since January, 1996 and provided grants for job training through WNCC and the Harms Center. We continue to watch Aurora Loan Services as they are not where they should be with job creation, but they are making progress. To date, 1250 active jobs have either been created or retained through these grants. Our success rate shows losses of 5 6 %. Two of those losses, Sykes and Performark, have actually been partially paid and each property is now being used for other businesses. 3

The program has evolved over the last 15 years. Initially, it was anticipated that Twin Cities Development would run the program, however, they serve as an advocate for the applicant, with the City running the program. This plan works fine and helps with the accountability of the program. Mr. Ediger also pointed out state law prohibits awarding grants to retail businesses because Scottsbluff is larger than 10,000 population. Mayor Meininger closed the public hearing at 6:15 p.m. Moved by Council Member Boeckner, seconded by Mayor Meininger, to accept the Economic Development Citizen s Advisory Review Committee Report, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. City Manager Kuckkahn presented the following bids for a sewer cleaning machine: Floyd s Truck Center, Inc. $315,474; Mid-Iowa Solid Waste Equipment $317,110; Nebraska Environmental Products $362,200; Elliott Equipment Co. $300,179 (bid varied from the specifications); Floyd s Truck Center, Inc. Bid #2 $300,929 (bid varied from the specifications). Staff is recommending awarding the bid to Floyd s Truck Center in the amount of $315,474 as the best bid for this truck. Moved by Council Member Boeckner, seconded by Council Member Gonzales, to award the bid for the purchase of a Combination Sewer Cleaning Machine for Collection System Maintenance to Floyd s Truck Center in the amount of $315,474 as the best and lowest bid, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. City Manager Kuckkahn presented engineering bids from M.C Schaff, $56,672; and Baker and Associates, Inc, $73,000; for the installation of a main from the city s well field. An additional bid from McLaughlin Water Engineers was also received, but did not meet the specifications and therefore disregarded. This transmission main is a loop system which will provide a second source to the well field and is part of the master plan. Moved by Council Member Boeckner, seconded by Council Member Gonzales, to award the bid for Engineering Services for the Installation of a Secondary Transmission Main from the City s Well Field to M.C. Schaff & Associates, Inc. in the amount of $56,672.00 as the best and lowest bid, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. Deputy City Attorney Rick Ediger and Rawnda Pierce, Executive Director for Twin Cities Development, gave a presentation on the LB840 program. They gave an overview of the history and the goals of the Economic Development Plan for the City of Scottsbluff. In 1995 the voters of Scottsbluff approved the allocation of sales tax for Economic Development. The current plan allows ¼ of 1% of sales tax collection be used for ED projects until October 1, 2015. A trade-off of the plan is that the general property fund tax levy can t exceed $175,000, which causes some inflexibility with the City s budget. If there is excess, the funds go to debt service to be used for special projects. The plan does provide property tax relief. Mr. Ediger also discussed the types of businesses that are eligible. Funds shall be expended primarily for direct or indirect financial assistance to qualifying businesses or projects. To date, all incentives have been grants, however, we can use the funds for loans. The business does not need to be located within the City of Scottsbluff s jurisdiction. The funds however, cannot be used to relocate another business within the state of Nebraska to Scottsbluff. Retail businesses are not eligible in Scottsbluff, however, non-profits can qualify as long as they derive their income from the list provided in the plan. The City Manager is the Plan Administrator. Businesses usually begin the application process with assistance from Twin Cities Development. Once businesses make application, it is 4

reviewed by the Application Review Committee and if it meets all criteria, the application is forwarded to the City Council with a recommendation from the Committee. A typical grant allows $5,000 per job created, at a payback of $1,000 per year for five years. These jobs generally require some contribution to health insurance benefits. If the company does not earn enough credits through job creation, they must repay the fund or extend the time period. A review process is required with the Citizen Review Committee and presented to the City Council twice a year. Accountability is the key to the success of the program. Mr. Ediger reviewed the types of grants awarded to date and indicated that there was some flexibility, as long as the City requires accountability. Much of what has been done to date has formed the basis for guidelines which can be added to or modified with Council direction. Rawnda Pierce, TCD, asked for direction with the Economic Development Plan from the Council to tie in with their programs. She noted that TCD is emphasizing the need for more manufacturing jobs as Scottsbluff has 10% less manufacturing jobs than other cities our size in Nebraska. The Economic Development plan can help focus on some of these types of deficiencies in our economy. One of the areas we can use LB 840 funds is to purchase real estate, which may help develop some of the City s vacant real estate. She reminded the Council that the City has a CDBG Reuse Fund which may be used to assist retail businesses, however, these funds are to be used by low to moderate income businesses. Ms. Pierce informed the Council that once they gather the data from their recent downtown survey, they will create a platform and set a date for a strategic planning session. Council reviewed the request from West Nebraska Arts Center for a wine permit. There were questions regarding the extended hours of the event to midnight. Mr. Richard Shaneman from the Art Center was present and will take those concerns back to the Art Center staff. Moved by Council Member Boeckner, seconded by Council Member Deibert to approve the special arts-related event wine permit for the West Nebraska Arts Center, 106 East 18 th Street to serve wine at a gallery reception on January 15, 2011 from 5:00 p.m. to 12:00 a.m., YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. Moved by Council Member Boeckner, seconded by Council Member Deibert to approve the special designated liquor license for the West Nebraska Arts Center, 106 East 18 th Street to serve wine at a gallery reception on January 15, 2011 from 5:00 p.m. to 12:00 a.m., YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. Council reviewed the proposal from Felsburg, Holt and Ullevig, Engineers for design services for the railroad crossing improvements. Mr. Kuckkahn explained that this proposal is for the continued railroad safety zone process for crossings on Broadway, Avenue B, 20 th Street, and Avenue I. Council asked about the time frame for completing the project. Mayor Meininger commented that when the process began, the Engineer had a 360 day timeline to complete the work. The City staff is working to complete our work so it coincides with the Engineer s work. The Railroad has also been given the green light to get their work done. Mayor Meininger added there is a financial component also, so if all entities work together, there could be a cost savings. Mr. Kuckkahn added that the permitting process and utilizing the flag men are examples of this savings. Moved by Council Member Boeckner, seconded by Council Member Gonzales, to approve the Proposal from Felsburg, Holt & Ullevig, Engineers, for Phase 2 Design Services associated with the railroad crossing improvements and authorize the Mayor to execute the agreement, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. 5

Mr. Kuckkahn presented cost estimates for resurfacing and lighting of the 3 tennis courts at Westmoor Park. Resurfacing of the courts including stripping the old surface, overlay of the new court surface, paint and striping is estimated at $40,000. This estimate is on the high side to cover any potential issues with settling or cracking. The lighting estimate for recreational use is $40,000 to $50,000 and for competition use is $60,000 to $65,000. The estimate from the School District for the City s participation in the 4 courts at the high school is $188,000. If the City maintained and resurfaced the Westmoor tennis courts, the public would retain the exclusive use of those courts. Mr. Kuckkahn also noted that these expenses are not a budgeted expense for this fiscal year. Mr. Meininger added that these repairs are important enough to look at during the 2011-2012 budget. The school needs to have a commitment on the City s decision regarding these courts because they are anticipating a February 2011 bid date. There was some concern that the school may need more courts than the four they want to build. Council Member Gonzales asked about liability with the courts at Westmoor that are cracked. Mr. Kuckkahn responded that we do have a potential liability and any cracked courts should be ground and patched as soon as possible to avoid any claims. Council discussed possibly splitting the cost of repairs and paying for them over two fiscal years. Council agreed that we have an obligation to maintain the current city courts, however they appreciated the opportunity of working with the School. It was the consensus of the Council to pursue repairing the Westmoor Tennis Courts. Mr. Kuckkahn reviewed the personal property claim filed by Ken Meyer, a city employee whose truck was damaged when strong winds blew the trash cans into Mr. Meyer s personal vehicle. Our insurance company has denied the claims based on the fact that the city was not negligent. It s now up to the Council to decide whether or not to pay the claim or have legal look into it further. The low estimate is $720.72 to make the repairs. Mr. Kuckkahn gave some examples of other claims the City has paid in similar situations. Council would like to look at some alternatives such as paying the deductible if his insurance would pay the remaining portion of the repairs. Staff will conduct additional investigation of this claim. Council considered Ordinance No. 4039 dealing with all-terrain vehicles and utility-type vehicles, second reading: AN ORDINANCE OF THE CITY OF SCOTTSBLUFF, NEBRASKA, PERTAINING TO ALL-TERRAIN VEHICLES AND UTILITY-TYPE VEHICLES; ALLOWING THE OPERATION OF THE ALL-TERRAIN VEHICLES AND UTILITY-TYPE VEHICLES WITHIN THE CORPORATE LIMITS UNDER CERTAIN CIRCUMSTANCES; IMPOSING RESTRICTIONS ON THE USE OF ALL-TERRAIN VEHICLES AND UTILITY- TYPE VEHICLES; ESTABLISHING PENALTIES FOR VIOLATION; PROVIDING AN EFFECTIVE DATE; AND REPEALING EXISTING PROVISIONS OF THE MUNICIPAL CODE NOT CONSISTENT WITH THIS ORDINANCE. Moved by Council Member Boeckner, seconded by Council Member Gonzales, That the statutory rule requiring the Ordinance to be read by title on three different days be suspended. YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. Moved by Council Member Boeckner, seconded by Council Member Gonzales, That Ordinance No. 4039 be adopted, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. The motion carried having been approved by three-fourths of the Council Members. The next three items deal with federally regulated changes to the Firefighters, Police and General Employees retirement system plan and trust. 6

Council Member Boeckner introduced Ordinance No. 4040 which was read by title: AN ORDIANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SCOTTSBLUFF, NEBRASKA TO AMEND THE CITY OF SCOTTSBLUFF, NEBRASKA FIREFIGHTERS RETIREMENT SYSTEM PLAN AND TRUST FOR CHANGES IN APPLICABLE TAX LAWS; TO AUTHORIZE THE MAYOR TO EXECUTE DOCUMENTS AND FURTHER ACTIONS; AND TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY AND THE EFFECTIVE DATE HEREOF. Moved by Council Member Boeckner, seconded by Council Member Gonzales, That the statutory rule requiring the Ordinance to be read by title on three different days be suspended. YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. Moved by Council Member Boeckner, seconded by Council Member Gonzales, That Ordinance No. 4040 be adopted, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. The motion carried having been approved by three-fourths of the Council Members. Council Member Boeckner introduced Ordinance No. 4041 which was read by title: AN ORDIANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SCOTTSBLUFF, NEBRASKA TO AMEND THE CITY OF SCOTTSBLUFF, NEBRASKA POLICE OFFICERS RETIREMENT PLAN AND TRUST FOR CHANGES IN APPLICABLE TAX LAWS; TO AUTHORIZE THE MAYOR TO EXECUTE DOCUMENTS AND FURTHER ACTIONS; AND TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY AND THE EFFECTIVE DATE HEREOF. Moved by Council Member Boeckner, seconded by Council Member Deibert, That the statutory rule requiring the Ordinance to be read by title on three different days be suspended. YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. Moved by Council Member Boeckner, seconded by Mayor Meininger, That Ordinance No. 4041 be adopted, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. The motion carried having been approved by three-fourths of the Council Members. Moved by Council Member Boeckner, seconded by Council Member Gonzales to approve Resolution No. 10-12-01 to amend the General Employees pension plan and trust, YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. RESOLUTION NO. 10-12-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SCOTTSBLUFF, NEBRASKA TO AMEND THE CITY OF SCOTTSBLUFF GENERAL CITY EMPLOYEES PENSION PLAN AND TRUST, AND TO AUTHORIZE FURTHER ACTIONS. BE IT RESOLVED: SECTION 1. Pursuant to Nebraska Statutes, Section 19-3501, the Mayor and Council of the City of Scottsbluff maintain the City of Scottsbluff General City Employees Pension Plan and Trust, embodied in plan documents ( Plan ). SECTION 2. The Plan must be amended for applicable tax law, including the Pension Protection Act of 2006 and subsequent legislation. For this purpose, there has been presented to the City a proposed Amendment No. 1. 7

SECTION 3. presented. The City does hereby approve and adopt said Amendment No. 1 as SECTION 4. The Mayor is hereby authorized to execute said Amendment No. 1 on behalf of the City, and the City Manager is authorized and directed to provide the same to the Trustee (for its written acceptance, if determined necessary or appropriate), and to cause said Amendment No. 1 to be submitted to the Internal Revenue Service for determination as to whether the same complies with the pertinent provisions of the Internal Revenue Code of the United States and, in particular, Sections 401(a) and 501(a) thereof, if the decision is made to obtain a determination, with authority to make any changes in or to the designations, elections or provisions of said amendment and take such further actions as the City Manager determines necessary or appropriate to obtain a favorable determination. PASSED AND APPROVED THIS 20 th DAY OF DECEMBER, 2010. CITY OF SCOTTSBLUFF ATTEST: Mayor City Clerk Under Public Comments, Mr. Carroll Mohrbutter approached the Council and explained that he is now a Board Member for Nebraska Independent Living and will be working on ADA issues. He stressed the importance of hiring disabled persons in regards to the information presented on the Economic Development funds. Moved by Council Member Boeckner, seconded by Mayor Meininger to adjourn the meeting at 7:25 p.m., YEAS, Boeckner, Gonzales, Meininger, Deibert, NAYS None. Absent: Zitterkopf. ATTEST: Mayor City Clerk SEAL 8