LYONS CITY COUNCIL MEETING October 3, 2017

A regular meeting of the Mayor and Council of the City of Lyons was called to order by Mayor Fuston at 5:30 P.M., October 3, 2017, at the Lyons City Hall. Present were Council members Brink, Steinmeyer, and Wheaton. Housh Sr was absent. Also in attendance were Attorney Smith, City Clerk Ritter, Chief Buck, and Utility Superintendent Daberkow. Visitors at the meeting were Laura Rogers, Jessica Crimmons of Lyons Mirror Sun, Mike Heavrin, and Terry Ueding. The meeting was called to order upon motion by Wheaton, second by Brink. All council members voted yes on roll call except Housh Sr who was absent. Mayor Fuston publicly stated to all in attendance that a current copy of the Nebraska Open Meetings Act was available for review and indicated the location of such copy posted in the room where the meeting was being held. Advance notice of said regular meeting was given to the Mayor and all members of the Council, and a copy of their receipt of such notice and the agenda is filed in the City Clerk’s office. Availability of the agenda was communicated by posting notices in three public places and in the notice to the Mayor and Council. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public. Moved by Brink, seconded by Steinmeyer to approve the following consent agenda: 1. Dispense with reading of minutes of meetings held on September 7. 2. Claims as presented. 3. Treasurer report. 4. Clerks Report of Mayoral Action - Resolution No. 2017-5: 2017-2018 Budget Year - Set Property Tax request at a different amount than prior year was signed. Resolution No. 2017-6: Increase the restricted funds authority by one percent, to become three and one half percent was signed. Resolution No. 2017-7: Adopt the 2017-2018 Budget was signed. All council members voted YEA except Housh Sr who was absent. CLAIMS: CENGAGE LEARNING books 66.51, FIRST NORTHEAST BANK OF NEBR bond prin & int 4,783.63, JACK'S UNIFORMS suppl 32.00, STAN HOUSTON EQUIPMENT suppl 336.00, VERIZON serv 113.34, AMERICAN FUNDS SERVICE pension 1,362.65, BOMGAARS suppl 59.56, BURT COUNTY SHERIFF fee 20.00, CENTER POINT LARGE PRINT books 267.24, COLONIAL RESEARCH CHEMICAL suppl 34.18, CONSUMER REPORTS subs 30.00, DANIEL A SMITH fee 1,000.00, LORENSEN GRAIN & READY MIX rock/gravel 3,165.13, LYONS MIRROR-SUN publ 79.31, MGIS ins 465.80, MIDWEST RADAR & EQUIP inspection 80.00, NORTHEAST TRACTOR PARTS suppl 399.26, OHIO NATIONAL LIFE INS pension 3,624.13, PUBLIC SAFETY CENTER suppl 222.66, QUALITY PRINTING suppl 311.55, S & S LAWN CARE serv 4,435.00, SYNCHRONY BANK/AMAZON books 529.35, VILLACO suppl 78.50, ALLY police car 757.22, FEDERATED INSURANCE health ins 11,897.92, RICHARD P COEN JR serv 750.00, BURT COUNTY PUBLIC POWER elec 2,146.05, CNA AUTO serv 224.83, WESTERN AREA POWER ADMIN elec 5,885.35, MIDWEST LABS testing 20.00, NPGA nat gas 4,766.08, CENTURYLINK serv 48.62, CITY OF LYONS util 3,421.25, CUMMINS CENTRAL POWER maint 630.84, DUTTON-LAINSON suppl 4,994.39, ENERGY WORLDNET annual serv 1,139.00, ENVIRONMENTAL COMPLIANCE audit 895.00, GAS PRODUCTS suppl 1,103.45, JOHN M HELZER serv 329.40, MAILFINANCE lease 327.00, MALLOY ELECTRIC maint 2,042.42, MATHESON TRI-GAS suppl 16.80, NDEQ - FISCAL SERVICES certification 150.00, NEBRASKA PUBLIC HEALTH testing 662.00, NEBRASKA RURAL WATER ASSOC training 336.45, NPPD elec 44,884.41, OMAHA WINWATER suppl 200.37, SAFETY-KLEEN maint 146.41, SAPP BROS PETROLEUM propane 1 20.00, T&R ELECTRIC SUPPLY suppl 712.00, USABLUE BOOK suppl 760.94, WESCO RECEIVABLES suppl 1,460.55, ZEE MEDICAL SERVICE suppl 43.75, NEBR DEPT OF REVENUE sales tax 7,070.97, TOTALFUNDS BY HASLER fee 19.99, CITY OF LYONS combined payroll 25,558.25, EFTPS payroll tax 7,887.02, NEBR DEPT OF REVENUE payroll tax 1,040.47. Brad Slaughter of Ameritas cancelled as he had a scheduling conflict. He will be at the Lyons November 7, 2017 Council Meeting to give an update on interest rates for the Pool Bond. Colton Ruzicka was not at the meeting to discuss fishing in the Brink Park lagoon. Motion by Wheaton, seconded by Steinmeyer to approve Resolution No. 2017-4: A RESOLUTION OF THE CITY OF LYONS, NEBRASKA, RELATING TO THE STOREFRONT THEATER, declares and adopts the attached “Storefront Theater USER AGREEMENT” as the terms and conditions for the usage of the equipment and premises. All council members voted yes on roll call except Housh Sr who was absent. Chief Buck presented the police report. Mike Heavrin presented the Library Report. Activities for the Festival of Trees are being planned. Santa Claus will visit the Library on Wednesday, December 6 from 5 p.m. to 6:30 p.m. The Christmas Concert is tentatively scheduled for Sunday, December 10 at 4 p.m. The Library staff is working with the public schools to address a comprehensive reading problem. Signing kids up to use the Nebraska Overdrive for electronic and audio books will help with the problem. Grants Report: Waiting for decisions to the two grants -- Nebraska Recycling Council (NRC) through the NE Environmental Trust Fund and Nebraska DEQ for the new forklift at $31,255 for the Recycling Center. We were awarded the $10,000 from the NRC and waiting to hear on the $21,255 amount from NDEQ. Red Placards: A red placard notice was sent to Debbie Taylor for her property at 405 South 5th St because further repair work hadn’t progressed since the roof shingling last year. A red placard notice was sent to Brenda Graves for her property at 330 Custer St for a dilapidated fence. The City dump has a huge pile of cement (about 200 ton) to be ground up. Two options from S & S Contracting was offered. Option 1 – S&S keeps the grindings and sells from the dump with no cost to the city. Option 2 – they would grind the cement for the City at a base rate of $8.50 per ton for a 3” product and smaller or ground to about gravel size for an approximate cost of $11 per ton. Then Joel Bracht of Northeast Tractor Parts was also interested in grinding the cement for their use at no cost to the City. Ron is to contact Mr Bracht and see of the City could have 50 ton ground and he could have the rest. Jarrod McElroy is registered to attend class and testing for the Class L Certification for Wastewater licensing. The City has completed work so the Hiway Café can install a new cooler unit that required a 3 phase electric service. On the Water Tower project, the City of Lyons is on EAI’s list for this fall season, weather permitting. Ron should know more after EAI’s October 3 meeting. City Clerk Ritter reported on the General, Utility, and Debt Service Income Statements for the month ending September 30, 2017. The General side had a month to date net gain of $18,618 and a year to date net loss of $118,856. The Utility side had a month to date net gain of $40,853 and a year to date net gain of $230,106. Debt Service had a month to date net gain of $31,681 and a year to date net gain of $31,613. Budget reports for the General and Utility side were as follows: General had expended 96.49% of its 12-month fiscal year budget. The Utility side had expended 79.77% of its fiscal year budget. Twelve month average is 100%. Discussion was held on Clinton Peterson, CPA’s letter for municipal auditing. The City Clerk had questions regarding any recent municipal auditing experience and recent municipal industry knowledge. Clerk is to write up a list of questions and give to the Mayor to take to Mr Peterson. Clerk to notify Ric Ortmeier of the other firm’s proposal. Ric Ortmeier, CPA, has performed the 2 City’s annual audit with no issues from the Nebraska State Auditor’s Office. No action taken on the letter agreement with Ric Ortmeier for 2017 audit services. The matter was tabled to next meeting. Discussion was held on which healthcare plan to choose for the City’s employees and their families effective January 1, 2018. Motion by Wheaton, seconded by Brink to approve UnitedHealthcare’s Health Plan 30/300/80% AMFM w/GS (SM), Gold Level, Package Name of MLTICHOICE_NE10, Package Number of NE010, Sequence 30 for a monthly premium of $12,372.41 through Andy Rennerfeldt, agent of Rennerfeldt Financial, and broker Jeff Zacharia of Insurevest Financial Group. All voted yes on roll call except Housh Sr who was absent. Federate Insurance is also exiting the Life and AD&D Insurance market. City received a proposal for Life and AD&D Insurance premium from Lincoln National Life Insurance Co for a monthly premium of $151.74. Motion by Steinmeyer, seconded by Wheaton, to approve the Life and AD&D benefit from Lincoln National Life Insurance Company for a monthly premium of $151.74. All voted yes on roll call except Housh Sr who was absent. The City was informed of the benefit of bundling other employee benefits such as Long Term Disability. Currently, the City pays $465.80 per month for LTD insurance with MGIS, while a proposal from Lincoln National Life Insurance Company would cost the City $277.50 per month. Motion by Brink, seconded by Steinmeyer, to approve Long Term Disability benefit through Lincoln National Life Insurance Company for a monthly premium amount of $277.50 for eight full- time employees. All voted yes on roll call except Housh Sr who was absent. The Council looked over the cleaning duties of the Lyons Community Center for any changes, additions, or deletions. The City will be advertising soon for the cleaning of the Lyons Community Center effective January 1, 2018. Laura Rogers left the meeting early and wasn’t able to discuss the cleaning for the Lyons Community Center. Lori Wheaton wasn’t at the meeting. Dan Smith explained the surveyor mix-up in the supposed encroachment of city right of way for the Three River’s Housing Development property at 555 N 5th St Lyons, NE 68038. There was no encroachment of city right of way. Pam Thomsen of Three River’s Housing Development is handling the issue with the title company. The property lines were being resurveyed this morning. Council member Brink moved to enter into Executive Session, seconded by Steinmeyer at 7:05 p.m. to discuss personnel. All voted yes on roll call except Housh Sr who was absent. The meeting returned to Regular session at 7:11 with motion by Steinmeyer, second by Wheaton. All voted yes on roll call except Housh Sr who was absent. Motion by Steinmeyer, second by Brink to approve a 3% increase each for Robert Rivera and Mike Heavrin (as Grant Writer) effective the first full pay period after the anniversary date. All voted yes on roll call except Housh Sr who was absent. Terry Ueding and Will Dyer didn’t receive increases as they received increases earlier in the year. The meeting was adjourned at 7:13 PM, upon motion by Brink, seconded by Steinmeyer. All council members voted yes on roll call except Housh Sr who was absent.

Andrew Fuston, Mayor

Mary Lou Ritter, CMC City Clerk

3 I, the undersigned, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Mayor and Council; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting kept continually current and available for public inspection at the office of the Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available for examination and copying by members of the public; that the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification of the time and place of said meeting and subjects to be covered at said meeting.

Mary Lou Ritter, CMC City Clerk (SEAL)

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