Lyons City Council Meeting

LYONS CITY COUNCIL MEETING February 16, 2016

A regular meeting of the Mayor and Council of the City of Lyons was called to order by Mayor Andrew Fuston at 5:30 P.M., February 16, 2016, at the Lyons City Hall. Present were Council members Steinmeyer, Brink, Wheaton, and Minton. Also in attendance were City Attorney Smith, City Clerk Ritter, and Utility Superintendent Daberkow. Visitors at the meeting were Ric Ortmeier CPA, Graham Christensen, Jim Vlach, Justin Webster, Don and Jackie Imus, Doug Hollman, Jamie Horter of the Lyons Mirror Sun, Mike Heavrin, and Terry Ueding. The Mayor 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. The meeting was called to order upon motion by Steinmeyer, second by Brink. All council members voted yes on roll call. Public Hearing Motion by Steinmeyer, seconded by Minton to enter into a Public Hearing, and all voted yes on roll call. Mayor Fuston opened the Public Hearing for the purpose of hearing support, opposition, criticism, suggestions, or observations to the One & Six Year Plan. There was a discussion on the street conditions in H & K Subdivision, especially South 7th Ave and what can be done. A street study was suggested to know what it might cost to pave the streets or to talk to someone who knows what it might cost. The City can talk to our engineers for approximate figures. Jim Vlach requested a “No Outlet” sign be posted at the entrance to H & K Subdivision. There being no other verbal or written comments or objections, a motion by Steinmeyer, seconded by Minton was made to adjourn the Public Hearing. All voted yes on roll call. Mayor Fuston closed the public hearing. Public Hearing Motion by Steinmeyer, seconded by Minton to enter into a Public Hearing, and all voted yes on roll call. Mayor Fuston opened the Public Hearing for the purpose of hearing support, opposition, criticism, suggestions, or observations on the automatic renewal of a Class D Liquor License to KB’s Mini Mart Inc. There being no verbal or written comments or objections, a motion by Brink, seconded by Minton was made to adjourn the Public Hearing. All voted yes on roll call. Mayor Fuston closed the public hearing. Public Hearing Motion by Brink, seconded by Minton to enter into a Public Hearing, and all voted yes on roll call. Mayor Fuston opened the Public Hearing for the purpose of hearing support, opposition, criticism, suggestions, or observations on the automatic renewal of a Class D Liquor License to Save More Market. There being no verbal or written comments or objections, a motion by Steinmeyer, seconded by Brink was made to adjourn the Public Hearing. All voted yes on roll call. Mayor Fuston closed the public hearing. Moved by Minton, seconded by Brink to approve the following consent agenda: 1. Dispense with reading of minutes of meetings held January 5. 2. Claims as presented. 3. Treasurer report. 4. Clerk Report of Mayoral Action of January 5 meeting: Ordinance No. 723: AN ORDINANCE ADOPTING AND ENACTING PROVISIONS FOR THE CITY OF LYONS, BURT COUNTY, NEBRASKA, PROVIDING FOR THE ADOPTING OF ELECTRICAL INTERCONNECTION STANDARDS, (ALSO KNOWN AS NET METERING), STANDARDS FOR INTERCONNECTION, PROCEDURES, AGREEMENTS, CHARGES AND FEES BY ADDING SECTION 3-918 TO 3-921 was signed and published. All council members voted YEA.

1 CLAIMS: CENTER POINT LARGE PRINT books 252.84, CHRYSLER CAPITAL police car 651.58, FIREGUARD inspection 161.65, HOLMQUIST GRAIN & LUMBER suppl 48.82, LORENSEN GRAIN & READY MIX gravel 601.04, LYONS MIRROR-SUN publ/sub 88.96, NELSON CONSTR sink hole repairs 6,712.61, PUBLIC SAFETY CENTER suppl 200.16, STEINY'S FARM REPAIR suppl 392.85, VERIZON serv 153.26, AMERICAN BROADBAND serv 675.17, BURT COUNTY SHERIFF fee 20.00, CITY OF LYONS petty cash 10.72, CNA AUTO serv 1,372.99, RICHARD P COEN JR serv 800.00, COLONIAL RESEARCH CHEMICAL suppl 126.90, DANIEL A SMITH fee 1,000.00, FRICKENSTEIN PUMPING rental 65.00, SYNCHRONY BANK/AMAZON books/suppl 434.98, JACK'S UNIFORMS clothing 28.95, JIM VLACH reimb 68.81, WEST POINT IMPLEMENT fuel cap 118.02, FEDERATED INS health ins 13,469.05, DOUG KROESE deposit refund 65.70, NPGA nat gas 31,038.68, BOMGAARS suppl 31.98, BURT COUNTY PUBLIC POWER elec 1,858.90, WESTERN AREA POWER ADMIN elec 7,625.11, DOUGLAS COUNTY HEALTH DEPT testing 10.00, HD SUPPLY WATERWORKS suppl 310.64, HOA SOLUTIONS maint 477.38, HTM SALES pump 4,854.98, KB'S MINI MART fuel 2,154.69, MATHESON TRI-GAS suppl 26.66, MELS SMALL ENGINE serv 35.00, MIDWEST LABORATORIES testing 131.50, NPPD elec 35,198.92, ONE CALL CONCEPTS serv 21.80, SAVEMORE MARKET suppl 240.03, STEINY'S GENERAL STORE suppl 765.89, WASTE CONNECTIONS serv 12,020.40, ACCO chem/suppl 353.67, BREHMER MFG serv 67.80, BURT CO ECONOMIC DEVELOPMENT dues 2,400.00, CENTURYLINK serv 45.96, CITY OF LYONS util 5,847.87, DATA TECHNOLOGIES suppl 97.20, NDEQ - FISCAL SERVICES license renewal 150.00, NEBRASKA PUBLIC HEALTH testing 18.00, OHIO NATIONAL pension 1,293.03, PROFESSIONAL SERVICES ins 386.63, QUALITY PRINTING suppl 96.29, NEBR DEPT OF REVENUE sales/lodging tax 10,974.58, TOTALFUNDS BY HASLER postage 619.99, CITY OF LYONS payroll 24,238.63, EFTPS payroll tax 7,317.76, NEBR DEPT OF REVENUE payroll tax 960.42. Ric Ortmeier, CPA, presented and reviewed the 2014/2015 Audited Financial Report. Mr Ortmeier suggested refinancing the Sewer loan. Motion by Steinmeyer, seconded by Minton to accept the 2014/2015 Audited Financial Report. All voted yes on roll call. Graham Christensen gave an update on the potential solar project. A full site potential was located east of the ball park with a maximum 1,504 solar panels, 400 Kw DC, and an estimated cost of $3.00 to $3.50 per watt. The cost of the project is around $1,083,000. There is financing through the Nebraska Energy Office at 2.5% for 10 years. Mr Christensen requested two pieces of information before continuing the project. He needs control of the site and a survey of potential customers who may be interested in receiving solar energy. President Wheaton will contact someone on the Ball Association regarding the site. Mr Christensen will give the City Office the questions for the survey and will be mailed along with the utility bills in the next month or two. Justin Webster requested to add two horseshoe pits at Brink Park but there is a memorial tree in the way. The tree can be moved only if the family approves. Don Imus discussed utility bills and the updated ordinance about paying on time. Motion by Steinmeyer, seconded by Wheaton to adopt Resolution No 2016-1: the One & Six Year Plan. All voted yes on roll call. The police report was handed out before the meeting. Chief Buck was on a work call and not present at the meeting. Mike Heavrin presented the Library Report. The Library received a donation of $1,500 from the Dekker family to be used for technology. Motion by Minton, seconded by Steinmeyer to approve the Library Board’s appointment of Julie Brehmer to succeed Marilyn Johnson on the Library Board. All voted yes on roll call. Ace Sign of South Sioux City is to fix the problems with the electronic town sign caused by the wind storm in November. The water heater in the Library has been fixed. The dedication of the memorial plaque for the John Dekker Computer Center was held on Saturday, January 23, 2016 at 1 p.m. at the Library. The deadline of the tri-annual accreditation process by the Nebraska Library Commission is September 30, 2016. Grants Report: We are waiting to hear back on the Main Street Revitalization grant proposal. Form 470 of the E-Rate process has been started. There was a meeting on February 15 on the Logan Valley Manor with interested parties. Mr Daberkow attended the 2016 annual NSFM seminar in Columbus from February 9 through February 11. 2 The City received the payment from Balemaster for the city crew’s labor on replacing the baler door clamp. A claim has been submitted to CenturyLink’s insurance adjuster for the repair of the storm sewer on South 4th St. The Pump Shop is working to resolve the issue with the new circulating pump that was installed at the lightplant. Red Placard notices will be mailed to the owners of 425 State St and 435 State St. The City will be applying for demolition grants through the Burt County Economic Development Corporation on these properties. The high service pump #2 at the Water Plant was maintained by Layne Western. Brad Forester of EAI will be at the March 1 Council meeting to discuss a solution for the water tower. City Clerk Ritter reported on the General and Utility Income Statements for the month ending January 31, 2016. The General side had a month to date net loss of $6,541 and a year to date net loss of $1,003. The Utility side had a month to date net gain of $47,616 and a year to date net gain of $104,819. Debt Service had a month to date net gain of $12,820 and a year to date net loss of $82,742 due to the pool bond principal and interest payment. Budget reports for the General and Utility side were as follows: With a reduction of $168,200 in the Transfer-Out account line, General expended 34% of its fiscal year budget in four months, 1% above the average budget. The Utility side expended 33.04% of its fiscal year budget. Four month average is 33%. We are advertising for pool managers and lifeguards in February. The deadline for incumbents to City Council was February 16, 2016 at 5:00 p.m. Council Member Steinmeyer introduced Ordinance 724: AN ORDINANCE ADOPTING AND ENACTING PROVISIONS FOR THE CITY OF LYONS, BURT COUNTY, NEBRASKA, PROVIDING FOR THE ADOPTNG OF ELECTRICAL INTERCONNECTION STANDARDS, (ALSO KNOWN AS NET METERING), STANDARDS FOR INTERCONNECTION, PROCEDURES, AGREEMENTS, CHARGES AND FEES BY AMENDING SECTION 3-918, and moved for the suspension of the statutory rule requiring reading on three separate days, seconded by Brink. Upon roll call vote, the following Council members voted YEA: Steinmeyer, Brink, Minton, & Wheaton. The following Council members voted NAY: None. The motion to suspend the rules, concurred by all Council members was declared suspended. Thereafter, Ordinance No. 724 was read by title, and Council member Steinmeyer moved for passage of the ordinance, said motion was seconded by Council member Minton. The Mayor then stated the question was, “Shall Ordinance No. 724 be passed and adopted?” Upon roll call vote, the following Council members voted YEA: Steinmeyer, Brink, Minton, & Wheaton. The following Council members voted NAY: None. The motion to adopt Ordinance No. 724, by a majority of all Council members, was declared passed and adopted, and the Mayor, in the presence of the Council, signed the ordinance, and the Clerk attested the passage and adoption of said ordinance by affixing her signature thereto, and ordered publication of said ordinance in pamphlet form. The Lyons City Office has a true, correct, and complete copy of Ordinance No. 724. Discussion was held on donating a Family Pool Pass as an auction item for the Burt County Foundation Kickoff event. The City will not donate. Council Member Wheaton motioned to approve the Class D Liquor License renewal for KB’s Mini Mart, seconded by Minton. All voted yes on roll call. Council Member Wheaton motioned to approve the Class D Liquor License renewal for Save More Market, seconded by Brink. All voted yes on roll call. Council Member Wheaton motioned to approve a special designated liquor license to Nelson’s Food Pride, Oakland, NE for Elyce and Tyler Peterson’s wedding event on March 19, 2016 at the Lyons Community Center, seconded by Steinmeyer. All voted yes on roll call. Discussion was held on the city’s policy regarding who cleans the mailbox areas after a major snow storm and who is responsible for damages. The city is responsible for streets being cleaned. If the city accidently knocks down a mailbox, the city will put it back up. Home owners are responsible for removing snow in front of their mailbox and their driveway. Council member Brink moved to enter into Executive Session, seconded by Minton at 7:49 p.m. to discuss personnel. All voted yes on roll call. The meeting returned to Regular session at 7:53 p.m. Motion by Brink, second by Steinmeyer to approve Chief Buck receiving a 3% pay increase and Pam Stansberry receiving a 2.5% increase effective the first full pay period after each anniversary date. All voted yes on roll call. 3 The meeting was adjourned at 7:58 P.M., upon motion by Steinmeyer, seconded by Wheaton. All council members voted yes on roll call.

Andrew Fuston, Mayor

Mary Lou Ritter, CMC City Clerk

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)