MINUTES OF A WAVERLY CITY COUNCIL MEETING HELD ON APRIL 21, 2015
Mayor Mike Werner called the meeting to order at 7:00 p.m. and referenced the Open Meeting Act poster at the entrance of the Community Meeting Hall. Council Members Joe Dalton, John Hestermann, Chad Neuhalfen, and Greg Rickers were present. Other City Officials present were City Attorney Mark Fahleson and City Clerk Doug Rix. Also present were Deputy Brad Sturdy and The News Reporter Michael Wunder. Notice of the meeting and agenda were given to the Mayor and all members of the City Council prior to the meeting. Notice of the meeting was posted at Lovegrove’s Grocery Store, the U.S. Post Office, and the City Office.
PUBLIC HEARINGS
No public hearings were held.
APPROVAL OF MINUTES
It was moved by Council Member Hestermann and seconded by Council Member Neuhalfen to approve the minutes of the April 7, 2015 city council meeting. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.
APPROVAL OF FINANCIAL REPORTS AND CLAIMS
No financial reports or claims were submitted.
Council Member Hestermann motioned to receive the Sheriff’s Report. Council Member Neuhalfen seconded the motion. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.
SHERIFF’S REPORT
Deputy Sturdy reported that he is one of our three new deputies. He said he entered into law enforcement in 2005. He said he worked a six month shift in Waverly in 2010. He said the other two deputies assigned to Waverly are Deputy Jared Brabec and Deputy Tyler Petitt. He said that Deputy Jared Brabec has been with the Sheriff’s Office for five years. He added that Deputy Tyler Petit recently graduated from the University of Nebraska in Lincoln. He said that he has his bike certification. The other two deputies are working on obtaining their bike certification. He said that tomorrow they will verify that the Wayne Park cameras are accessible from their vehicles. There were 75 calls for service in March. There was one theft of a dealer license plate. There were two DUIs. There were eight calls for service for two missing juveniles. There were two fires including one at the Wayfair Apartments. There were ten disturbance calls and eleven miscellaneous others. There are reports of people filing tax returns with other people’s social security numbers. He said that there were four suspicious vehicle reports. There was a dog at large. There were a couple of medical emergencies and two alcohol intoxicated persons. There was also a liquor violation at Trackside with the Nebraska Liquor Control Commission being notified. There was one natural death. There were two assault cases. There was also a criminal mischief to a taillight on a car. There was also an abandoned vehicle reported.
CONSIDERATION, BY THE CITY COUNCIL ACTING AS THE COMMUNITY REDEVELOPMENT AUTHORITY, OF RESOLUTION NUMBER 15-07 TO APPROVE A REDEVELOPMENT AGREEMENT AND TO AUTHORIZE THE ISSUANCE OF A TIF NOTE
Council Member Hestermann motioned to introduce and adopt the following resolution:
RESOLUTION NUMBER 15-07
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF WAVERLY, NEBRASKA APPROVING A REDEVELOPMENT AGREEMENT AND ISSUANCE OF TIF INDEBTEDNESS FOR THE REDEVELOPMENT PROJECT REGARDING CONSTRUCTION OF A NEW COMMERCIAL BUILDING BY PRC ENTERPRISES, LLC.
WHEREAS, the City of Waverly, Nebraska (the “City”), in furtherance of the purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska Constitution and Sections 18-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 2012, as amended (collectively the “Act”), has adopted a Redevelopment Plan for a blighted and substandard area designated by the City and commonly known as Area B. Pursuant to the Redevelopment Plan, the Community Development Agency (the “CDA”) has initiated projects within the Redevelopment Area and has given notice to divide taxes for all of Area B with regard to the increase in property tax values occurring over and above the base year valuation as of January 1, 2013. has determined it to be desirable to undertake and carry out urban redevelopment projects in certain areas of the City that are determined to be blighted and substandard and in need of redevelopment; and
WHEREAS, PRC Enterprises, LLC (the “Redeveloper”) has undertaken a redevelopment project within Area B; and
WHEREAS, the redevelopment project includes certain expenditures eligible for tax increment financing as part of the overall “bucket TIF” in place for Area B; and
WHEREAS, the CDA desires to assist in the completion of the redevelopment project by providing limited tax increment financing;
NOW THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF WAVERLY, NEBRASKA:
1. The Mayor and the City Clerk, acting on behalf of the CDA, are hereby authorized to enter into a Redevelopment Agreement with the Redeveloper in substantially the form presented to this meeting and attached to this resolution as Exhibit A, provided, however, that the Mayor shall have the authority to make such minor changes and modifications to the Redevelopment Agreement as deemed necessary or appropriate by the Mayor and the City Clerk.
2. In accordance with the terms of the Redevelopment Agreement, the Mayor and the City Clerk, acting on behalf of the CDA, are hereby authorized to issue TIF Indebtedness to the Redeveloper, with said TIF Indebtedness payable only from the incremental tax revenues received from the Redeveloper’s project and not from other incremental tax revenues generated in Area B generally.
IN WITNESS WHEREOF, the undersigned members of the Community Development Agency of the City of Waverly, Nebraska, hereby pass and adopt this Resolution and is in force this 21st day of April, 2015.
Council Member Neuhalfen seconded the motion. Council Member Hestermann said this is the full amount. He said we met with the Snap Fitness Owner. The Owner said he was promised the full amount and that is what he wants. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.
CONSIDERATION OF RESOLUTION NUMBER 15-08 TO APPROVE ADDITIONAL VOLUNTEER FIRE/RESCUE DEPARTMENT MEMBER(S)
Council Member Hestermann motioned to introduce and adopt the following resolution:
RESOLUTION NUMBER 15-08
RESOLUTION APPROVING ADDITIONAL VOLUNTEER FIRE/RESCUE DEPARTMENT MEMBER(S)
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF WAVERLY, NEBRASKA:
That the following list of additional member (s) of the Volunteer Fire/Rescue Department of the City of Waverly is hereby approved:
Gregory Gerlach
All member(s) of the Volunteer Fire/Rescue Department of the City duly approved as provided in this Resolution shall be considered employee(s) of the City of Waverly for the purpose of providing them Worker’s Compensation coverage and life insurance.
PASSED AND APPROVED THIS 21ST DAY OF APRIL, 2015.
Council Member Neuhalfen seconded the motion. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.
CONSIDERATION OF RESOLUTION NUMBER 15-09 TO ADD A STOP SIGN AT N. 144TH STREET FOR SOUTHBOUND TRAFFIC AT WOODSTOCK STREET
Council Member Hestermann motioned to introduce and adopt the following resolution:
RESOLUTION NUMBER 15-09
RESOLUTION AUTHORIZING THE PLACING OF STOP SIGNS, YIELD SIGNS AND OTHER SIGNS IN STREETS WITHIN THE CITY’S JURISDICTION FOR THE PURPOSE OF REGULATING TRAFFIC
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF WAVERLY, NEBRASKA:
WHEREAS, the City of Waverly, Nebraska (the “City”) has reviewed the necessity for and location of stop signs within the City’s jurisdiction for the purpose of regulating traffic: and
WHEREAS, in conformance with the City’s Code, the Governing Body has deemed it necessary and appropriate to adopt a resolution authorizing the placing and location of such stop signs.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF WAVERLY, NEBRASKA that:
A stop sign shall be placed 36’ north of the centerline of Lancashire Street on the northwest corner of the intersection of N. 144th Street and Lancashire Street, for southbound traffic on N. 144th Street.
BE IT FURTHER RESOLVED, that such regulatory signs shall be in full force and effect at all times from and after the date of this Resolution until this Resolution has been amended or superseded.
BE IT FURTHER RESOLVED, that this Resolution is adopted as specifically provided by Section 5-208 of the Waverly Municipal Code, and supersedes any prior resolutions.
PASSED AND APPROVED THIS 21ST DAY OF APRIL, 2015.
Council Member Neuhalfen seconded the motion. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.
CONSIDERATION OF RESOLUTION NUMBER 15-10 TO ADOPT A TAX INCREMENT FINANCING APPLICATION
Council Member Hestermann motioned to introduce and adopt the following resolution:
RESOLUTION NUMBER 15-10
RESOLUTION TO ADOPT A TAX INCREMENT FINANCING APPLICATION FORM
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF WAVERLY, NEBRASKA:
WHEREAS, the establishment of an application form for the Waverly tax increment financing assistance program is of benefit to the City, the applicant, and to the Waverly Community Development Agency, and
WHEREAS, it is advantageous for the Waverly tax increment financing to implement a formal, thorough, and consistent application process with accountability and fiscal responsibility.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF WAVERLY, NEBRASKA that the tax increment financing application form dated April 21, 2015 is hereby adopted.
PASSED AND APPROVED THIS 21ST DAY OF APRIL, 2015.
Council Member Neuhalfen seconded the motion. Council Member Hestermann motioned to amend the TIF application form to add, “historically, the Community Redevelopment Agency of the City of Waverly has retained a percentage of the requested amount in anticipation of future public improvements in the affected TIF area and other legally permissible uses”. Neuhalfen seconded the motion. On the proposed amendment the following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0. On the amended motion the following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.
ORDINANCES
No ordinances were introduced.
INTRODUCTION OF BUSINESS AND COMMUNICATIONS
CONSIDERATION OF CERTIFYING THE SUBSTANTIAL COMPLETION FOR THE WATER DISTRIBUTION IMPROVEMENT AND THE WATER SUPPLY IMPROVEMENT PROJECTS
Council Member Hestermann motioned to certify the substantial completion as of April 21, 2015 of the 2014 Water Distribution Improvement and the Water Supply Improvement Projects. Council Member Neuhalfen seconded the motion. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.
A FINANCIAL AND MANAGERIAL ASSESSMENT PRESENTATION BY THE MIDWEST ASSISTANCE PROGRAM
Midwest Assistance Program Representative Dennis Carroll stated, that as part of our loan for the water improvements, they are required to complete a one-hundred and twenty two question assessment. He said everything looks good, but that he wanted to emphasize that it is important to remember that municipal utility commodies are a business and the City needs to be able to identify how much water is produced and how much is being sold. Water losses should also be identified and monitored.
COMMITTEE REPORTS
1. Human Services (Recreation and Parks) – Council Member Rickers said a meeting was held last Monday. He said they didn’t have a quorum so they didn’t discuss much. The Baseball Tomorrow grant was denied. The fundraising efforts for the bricks and field naming rights is starting. He said they are working on a dog and pony show. Funds need to be raised by June 6th in order to have a change order approved. The Peter Kiewit grant will be submitted in September.
2. Public Works (Utilities, Streets) – Council Member Dalton said they spread about 320 tons of sludge on two of Randy Colton’s fields. They poured over seven cubic yards of concrete for sidewalk repairs on Ivanhoe Street. They will start next week on the Guildford and 142nd Street sidewalks. The new wells have been inspected by the State and they are now on line. They have been busy spraying round up along fences, etc. They power raked and seeded areas in the cemetery. The guardrail at 141st and HWY 6 was hit again.
3. Public Health & Safety (Fire and Safety) – Council Member Neuhalfen reported the roof on the Fire Station is completed. The Hemet is back and running again. They haven’t been fitted yet for spraying Bluff Road.
4. Fiscal & Economic Development – Council Member Hestermann reported the hotel people are still determining which site they prefer. Dave Watts, John Eastin, and Monte Froehlich are all working together to develop the properties that they own between HWY 6 and Amberly Road.
5. City Attorney Report – City Attorney Fahleson did not have a report.
6. City Administrator Rix reported on the following items:
· the City was notified yesterday by the Baseball Tomorrow Grant representative that our request for the $55,000 grant was not granted, and
· the hotel developer is still evaluating the two potential sites, and
· the Waverly February sales tax total was $29,176.72, and
· the March keno receipts totaled $365,388.12 with the City receiving $37,572.30, and
· NDOR has informally approved the new sign location. We are working on internet connectivity so the sign can be changed remotely. We are working with a vendor and Varsity Sign Group on getting a price to be able to change the sign remotely, and
· Bluff Road update. Diggers Hotline was called. Public Works Director Whyman and I met with the Black Hills Energy folks last week. They control the west one-half of the Bluff Road station. They are going to work jointly with Northern Natural Gas and get back to me within the next two weeks to let us know if the fences can be moved, and
· LPSNRD Urban Subcommittee is recommending to cost share up to $25,000 for the engineering and design for the box culverts identified in Watershed Priority Project #2. It will go before the full LPSNRD Board tomorrow, and
· The paving of the Riley Second Addition has started. Weather permitting, it should be completed this week to include the new N. 145th Street sidewalk, and