LYONS CITY COUNCIL MEETING
September 6, 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., September 6, 2016, at the Lyons City Hall. Present were Council members Brink, Steinmeyer, Wheaton, and Minton. Also in attendance were City Attorney Smith, City Clerk Ritter, Utility Superintendent Daberkow, and Chief Buck.
Visitors at the meeting were Brad Wilkin of Karr TuckPointing, Rachael Nielsen with Nielsen Tree Farms, 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 Minton. All council members voted yes on roll call.
Public Hearing
Motion by Steinmeyer, seconded by Brink to enter into a Public Hearing, and all voted yes on roll call. Mayor Fuston opened the Public Hearing for the purpose of hearing public comments, objections on setting the property tax request at a different amount than the prior year. There were no verbal or written comments or objections. Motion by Steinmeyer, seconded by Minton to adjourn the Public Hearing, and 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 public comments, objections on the proposed 2016-2017 budget. There were no verbal or written comments or objections. Motion by Steinmeyer, seconded by Minton to adjourn the Public Hearing, and all voted yes on roll call. Mayor Fuston closed the public hearing.
Public Hearing
Motion by Minton, seconded by Brink to enter into a Public Hearing, and all voted yes on roll call. Mayor Fuston opened the Public Hearing for the purpose of hearing public comments, objections on the automatic renewal of the Class CK Liquor License for the Fallout Bar. There were no verbal or written comments or objections. Motion by Minton, seconded by Brink to adjourn the Public Hearing, and all voted yes on roll call. Mayor Fuston closed the public hearing.
Moved by Wheaton, seconded by Minton to approve the following consent agenda:
1. Dispense with reading of minutes of meetings held on August 2.
2. Claims as presented.
3. Treasurer report.
All council members voted YEA.
CLAIMS: CITY OF LYONS combined payroll 53,032.43, EFTPS payroll tax 14,568.04, NEBR DEPT OF REVENUE payroll tax 1,665.71, ACCO chem 1,007.08, BIBLIONIX catalog program 600.00, BREHMER MFG suppl/freight 97.23, CENTER POINT LARGE PRINT books 130.02, CNA AUTO serv 253.22, CONSUMER REPORTS subs 26.00, KB’S LAWN CARE mowing 1,666.00, KB'S MINI MART fuel 2,518.32, LORENSEN GRAIN & READY MIX rock/gravel 2,288.26, LYONS MIRROR-SUN publ 112.78, SAVEMORE MARKET suppl 397.34, SCHWAN'S HOME SERVICE concessions 16.57, STAN HOUSTON EQUIPMENT suppl 516.90, VERIZON WIRELESS serv 181.20, AMERICAN BROADBAND serv 504.38, ANDERSON HARDWARE suppl 40.55, BURT COUNTY SHERIFF fee 20.00, CHRYSLER CAPITAL police car 651.58, DANIEL A SMITH atty fee 1,000.00, DAVID FANNON asbestos inspection 768.00, SYNCHRONY BANK/AMAZON books 205.32, JENSEN PLUMBING & HEATING repairs 465.12, OHIO NATIONAL LIFE INS pension 1,301.17, PROFESSIONAL SERVICES ins 449.69, SEALS & SERVICE suppl 175.90, STEINY'S GENERAL STORE suppl 507.21, THREE RIVERS CLERK'S ASSN dues 10.00, ALLY police car 757.22, FEDERATED INSURANCE health ins 13,446.52, RICHARD P COEN JR serv 750.00, NEBR DEPT OF REVENUE waste/recycling fee 25.00, CHERYL ZIEMANN deposit refund 130.25, BURT CO ECONOMIC DEVELOPMENT dues 2,400.00, WESTERN AREA POWER ADMIN elec 8,354.84, FIRST NATIONAL BANK NE water bond interest 2,983.75, HOA SOLUTIONS router 337.98, LANE’S TREE SERVICE serv 1,000.00, MIDWEST LABS testing 30.00, NPGA nat gas 1,985.65, NPPD elec 45,964.41, POWERS ELECTRIC PRODUCTS suppl 176.90, QUALITY PRINTING suppl 309.90, UTILITY EQUIPMENT suppl 1,010.45, BNSF RAILWAYS lease 156.57, BOMGAARS suppl 368.98, BURT COUNTY PUBLIC POWER elec 1,953.90, CENTURYLINK serv 46.21, CHRISTENSEN ELECTRIC maint 102.31, CITY OF LYONS util 3,670.94, MATHESON TRI-GAS suppl 15.81, NEBRASKA PUBLIC HEALTH testing 635.00, WASTE CONNECTIONS OF NE serv 5,936.81, NEBR DEPT OF REVENUE sales tax 8,293.40, TOTALFUNDS BY HASLER postage/lease 619.99.
Brad Wilken of Karr Tuckpointing presented a proposal for masonry preservation, maintenance, and repair on the Lyons Library and Lyons Community Center. Both projects entail the process of replacing the masonry cement mortar with construction caulk for expansion joints. Timeframe depends on the weather. A signed contract is needed as soon as possible to be placed on the contractor’s work list. Warranty period is two years. The caulk should last 10 to 15 years. Each project is separate with the Library’s proposed cost of $7,804.00 and the Community Center’s proposed cost of $9,809.00. Council member Steinmeyer motioned to accept the bid prices from Karr Tuckpointing on the Library’s proposed cost of $7,804.00 and the Community Center’s proposed cost of $9,809.00, seconded by Wheaton. All voted yes on roll call.
Rachael Nielsen of Nielsen Tree Farms was present at the meeting, with her husband, Dan, on speaker phone, to discuss the 10.07 acres south of the City dump. The Nielsen’s would plant trees on the property which is outside city limits yet in the 1 mile Transitional Agriculture (TA) boundaries. They requested to tap into the City water for now and in the future, other city utilities. Another question was if the property was zoned correctly as TA even if a house would be built on the property someday or if the property became lots for acreages. Currently the property is zoned correctly as TA for the tree farm and a house, but not if the property was platted to have lots for acreages or be a new housing subdivision.
The property at 330 Custer St in Lyons was discussed as the house had a fire recently. The property may be sold in “as is” condition to be remodeled. Dan Smith, City Attorney, stated the house needs to be remodeled to a safe condition in 30 days, otherwise the City will condemn the house. The potential buyers had a meeting with Dan Smith on Wednesday, September 7, but the City will continue with condemnation process of the house in the meantime.
Motion by Steinmeyer, seconded by Minton to approve Resolution No. 2016-2: 2016-2017 Budget Year – Set Property Tax request at a different amount than prior year. All council members voted yes on roll call.
Motion by Steinmeyer, seconded by Brink to approve Resolution No. 2016-3: Increase the restricted funds authority by one percent, to become three and one half percent. All council members voted yes on roll call.
Motion by Minton, seconded by Wheaton to approve Resolution No. 2016-4: Adopt the 2016-2017 Budget. All council members voted yes on roll call.
Motion by Brink, seconded by Wheaton to approve the automatic renewal of a Class CK Liquor License to Carvin Housh, dba the Fallout Bar. All council members voted yes on roll call.
Council Member Steinmeyer introduced Ordinance 727: AN ORDINANCE OF THE CITY OF LYONS, NEBRASKA, TO ADD PROVISIONS IN THE CITY CODE PERTAINING TO SEXUAL PREDATOR RESIDENCY RESTRICTIONS; TO PROHIBIT CERTAIN PERSONS SUBJECT TO THE SEX OFFENDER REGISTRATION ACT AND DEFINED AS “SEXUAL PREDATORS” FROM RESIDING IN CERTAIN AREAS WITHIN THE CITY; TO ESTABLISH PENALTIES FOR A VIOLATION; TO REPEAL ALL PREVIOUS ORDINANCES, AMENDMENTS AND SECTIONS IN CONFLICT HEREWITH; AND TO PROVIDE AN EFFECTIVE DATE, 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: Wheaton, Steinmeyer, Brink, and Minton. The following Council members voted NAY: None. The motion to suspend the rules, concurred by all Council members was declared suspended.
Thereafter, Ordinance No. 727 was read by title, and Council member Steinmeyer moved for passage of the ordinance, said motion was seconded by Council member Brink. The Mayor then stated the question was, “Shall Ordinance No. 727 be passed and adopted?” Upon roll call vote, the following Council members voted YEA: Wheaton, Steinmeyer, Brink, and Minton. The following Council members voted NAY: None. The motion to adopt Ordinance No. 727, 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. A true, correct, and complete copy of Ordinance No. 727 is attached to these minutes.
Chief Buck presented the police report. Police Officer Rivera’s child has some health problems and needs therapy. If Rivera’s family moves back to the Winnebago Indian Reservation, everything would be free (housing, utilities, medical, etc). Rivera would know more information in two to six weeks. The City can keep him as a part-time police officer but we need a full-time officer if he moves back to the reservation.
Mike Heavrin presented the Library Report. Grants Report: Mike Heavrin is working with Jan Merrill of NENEDD on some grants for the street-lighting project. Jan Merrill will speak to the Council at the October 4, 2016 Council meeting. If approved, there is $7,500 in the Library Endowment Fund to help pay for the tuck pointing project on the Library.
The City received a bid proposal on removing the bowling alley building. A commercial property grant application will be given to Patty Plugge of Burt County Economic Development District on the bowling alley. In the meantime, Chief Buck is to serve notice of hearing on September 13th, 2016 to Jud Bogseth, owner of the bowling alley. Received the Water Tower proposal from EAI for a cost pricing of $22,400 to reseal the interior tank and install an overflow bracket in the interior overflow pipe. For no charge, EAI will install a floor liner on the tank floor, replace cathodic anodes as needed, and visually inspect the interior and exterior of the tank. During inspection, if small repairs need to be made, EAI will complete these at this time. Motion by Wheaton, second by Steinmeyer to approve the EAI proposal on the Water Tower for $22,400. All voted yes on roll call. The water tower repair work is scheduled for the spring of 2017.
City Clerk Ritter reported on the General, Utility, and Debt Service Income Statements for the month ending August 31, 2016. The General side had a month to date net loss of $31,275 and a year to date net gain of $125,619. The Utility side had a month to date net gain of $33,385 and a year to date net gain of $159,086. Debt Service had a month to date net gain of $3,569 and a year to date net loss of $8,557 due to the pool bond principal and interest payment. Budget reports for the General and Utility side were as follows: General expended 94.28% of its fiscal year budget in eleven months, 2% over the average budget. The Utility side expended 84.72% of its fiscal year budget. Eleven month average is 92%. Debt Service has expended 100% of its budget for the fiscal year.
Motion by Council member Brink, second by Steinmeyer to approve a building permit to Josue Mendez for a garage at 405 S 3rd St, Lyons, NE, dependent upon the garage having an asphalt roof and tie in with the roof of the house, and the garage completed in 90 days. All voted yes on roll call.
Motion by Brink, seconded by Wheaton to enter into executive session at 7:07 p.m. for personnel matters. All voted yes on roll call. Motion by Minton, seconded by Brink to end the Executive session at 7:15 p.m. and return to regular meeting. All voted yes on roll call. Motion by Steinmeyer, second by Minton to approve wage increases for the following: 3% each for Mary Lou Ritter and Ron Daberkow; 1.0% for Raymond Hayes. All voted yes on roll call.
The meeting was adjourned at 7:20 P.M., upon motion by Steinmeyer, seconded by Minton. 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)
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