PUBLIC HEARING - Lyons



LYONS CITY COUNCIL MEETING

February 7, 2017

A regular meeting of the Mayor and Council of the City of Lyons was called to order by Mayor Andrew Fuston at 5:33 P.M., February 7, 2017, at the Lyons City Hall. Present were Council members Brink, Steinmeyer, Wheaton, and Housh Sr. Also in attendance were City Attorney Smith, Chief Buck, City Clerk Ritter and Utility Superintendent Daberkow.

Visitors at the meeting were Chad Kehrt of Olsson Associates, Jan Merrill of Northeast Nebraska Economic Development District, Jamie Horter of Lyons Mirror Sun, Ross Bacon, Ric Ortmeier CPA, Bill Hedges, Lori Wheaton, Bev Armstrong, 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 Wheaton 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 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.

Public Hearing

Motion by Wheaton, seconded by Housh 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 Steinmeyer, seconded by Brink was made to adjourn the Public Hearing. All voted yes on roll call. Mayor Fuston closed the public hearing.

Public Hearing

Motion by Wheaton, 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 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 Brink, seconded by Wheaton was made to adjourn the Public Hearing. All voted yes on roll call. Mayor Fuston closed the public hearing.

Moved by Wheaton, seconded by Steinmeyer to approve the following consent agenda:

1. Dispense with reading of minutes of meetings held on January 3.

2. Claims as presented.

3. Treasurer report.

All council members voted YEA.

CLAIMS: AMERICAN BROADBAND serv 1,176.91, BRANIFF SERVICE tire repair 18.00, BREHMER MFG suppl 34.56, CENTER POINT LARGE PRINT books 130.02, HOLMQUIST GRAIN & LUMBER suppl 9.08, JACK'S UNIFORMS clothes/suppl 98.90, KB'S MINI MART fuel 2,269.22, LYONS MIRROR-SUN publ 162.18, MIDWEST SERVICE AND SALES suppl 2,200.00, NEBRASKA MUNI CLERK INSTITUTE training 223.00, VERIZON WIRELESS serv 147.84, ARBOR DAY FOUNDATION member dues 20.00, BOMGAARS maint 49.99, BURT COUNTY SHERIFF fee 20.00, CHRYSLER CAPITAL police car 651.58, COLONIAL RESEARCH CHEMICAL suppl 123.58, DANIEL A SMITH fee 1,000.00, ENGELHARDT TV & COMM radios 560.00, FRICKENSTEIN PUMPING rental 65.00, SYNCHRONY BANK/AMAZON books 329.75, GENE STEFFY auto maint 251.84, JAMCO ABATEMENT SERVICES asbestos removal 4,500.00, OFFICE NET chairs/repairs 735.40, OLSSON ASSOCIATES fees 123.10, QUALITY PRINTING suppl 483.96, RED BARN VETERINARY CLINIC annual fee 50.00, ALLY police car 757.22, NEBR DEPT OF REVENUE pool sales tax 1,370.05, RICHARD P COEN JR serv 750.00, JUSTINE BRITTON deposit refund 172.63, ANDERSON HARDWARE suppl 301.10, CNA AUTO serv 346.61, WESTERN AREA POWER ADMIN elec 7,625.11, FRANSYL EQUIPMENT suppl 114.50, MATHESON TRI-GAS suppl 31.62, MIDWEST LABS testing 398.50, NPGA nat gas 41,083.59, NPPD elec 39,111.28, ONE CALL CONCEPTS serv 20.85, SAPP BROS PETROLEUM propane 20.00, SAVEMORE MARKET suppl 30.65, BURT COUNTY PUBLIC POWER elec 2,079.95, CANNON TECHNOLOGIES support 1,719.49, CENTURYLINK serv 46.11, CITY OF LYONS petty cash 16.37, CITY OF LYONS util 6,168.43, DATA TECHNOLOGIES forms 81.61, HTM SALES pump/suppl 4,864.48, JENSEN PLUMBING & HEATING sewer plant maint 697.80, NEBRASKA PUBLIC HEALTH testing 36.00, OHIO NATIONAL LIFE INS pension 1,290.96, PROFESSIONAL SERVICES ins 459.36, STEINY'S GENERAL STORE suppl 2,600.22, WASTE CONNECTIONS serv 11,873.62, WESCO RECEIVABLES suppl 1,711.14, WEST POINT NEWS publ 96.00, NEBR DEPT OF REVENUE sales tax 10,335.95, FEDERATED INSURANCE health ins 13,335.83, TOTALFUNDS BY HASLER lease 19.99, CITY OF LYONS combined payroll 37,682.52, EFTPS payroll tax 11,316.30, NEBR DEPT OF REVENUE payroll tax 1,464.96.

Motion by Wheaton, seconded by Brink to adopt Resolution No. 2017-1 – One and Six Year Plan. All council members voted yes on roll call.

Jan Merrill of NENEDD discussed the two state grant options with the Council and the requirements for each option. First, the Public Works grant would need an environmental clearance with the State Historical Society District and if repaving of the street is included in the project, the original pavers would need to be put back in place. If a paver is broken, then another paver brick would need to be used. There is also a 51% LMI survey that would need to be completed. Application is due July 21, 2017. Second, the Downtown Revitalization (DTR) grant requires a blight study that we have completed in the past. This would be a three year project-Phase 1 would be the Planning stage, including an attitude survey and community town hall meetings; and Phase 2 would be the implementation. There is a 25% match requirement for the City. The Council will think about each option and then get back to Mike Heavrin, the City’s grant writer, who in turn will contact Jan Merrill.

Ric Ortmeier, CPA, presented and reviewed the City of Lyons 2015/2016 Audited Financial Report.

Motion by Brink to accept the 2015/2016 Audited Financial Report, seconded by Housh Sr. All voted yes on roll call.

Ross Bacon discussed his proposal to have a 100 pair cow-calf dry lot calving facility and operation on his property that is within the 1 mile (TA) jurisdiction of Lyons city limits. Since the zoning would be a permitted conditional use, the proposal would need to go before the Planning Commission and then it would need to go before the Council again.

Chief Buck presented the police report.

The Library Report and Grants Report was handed out before the meeting as Mr Heavrin was absent.

Jamie Horter discussed American Broadband Public Access Channel 99. She and some other people would like to add videos to the Access Channel promoting Lyons. American Broadband suggested creating a YouTube channel with a playlist. There could be a group of people to upload information to the channel. American Broadband suggested having a Memorandum of Understanding with what is allowed and what isn’t allowed. The Council was concerned about having too many people uploading information and the City not having a say in what is uploaded. The Mayor suggested the City as the entity who could override what is uploaded. For now, we will start with the memorandum of understanding. The YouTube channel would be called Lyons Channel 99.

Motion by Wheaton, second by Steinmeyer to accept the bid of $100 for the miscellaneous waxes, floor cleaners, etc and $125 for the floor machine with pads from Kai Commercial Cleaning on the left over auditorium floor supplies and equipment. All voted yes on roll call.

The asbestos removal has been completed on the bowling alley. Council member Wheaton and Ron Daberkow will be writing up the specifications for the building removal. Discussion was held on how to proceed with the yellow placard buildings of Tony Shatto and Keith Stillman on Main St. Mayor Fuston visited with Mr Shatto. Shatto still wants to fix the building and may start working on the roof in the next two to three weeks. The City will hire a structural engineer to look at three buildings on Main St, including the two mention above and also Fallout Bar. Fallout Bar’s outside west-facing soft red brick wall that was worked on a few years ago when the former Gerdes building was demolition is deteriorating. The structural engineer could let the City know what needs to be repaired or if the buildings aren’t safe to be inside which would then be a red placard. Engine No 4 has an issue with the control panel for regulating the produced voltage. HKS Company has been contacted to look at the problem. Council member Wheaton and Mr Daberkow will narrow down the number of applicants for the utility maintenance worker and interviews will be set up starting on February 23, 2017.

City Clerk Ritter reported on the General, Utility, and Debt Service Income Statements for the month ending January 31, 2017. The General side had a month to date net loss of $16,531 and a year to date net loss of $52,453. The Utility side had a month to date net gain of $49,020 and a year to date net gain of $66,358. Debt Service had a month to date net gain of $12,806 and a year to date net loss of $79,833 due to payment of principal and interest of the Pool Bond. Budget reports for the General and Utility side were as follows: General had expended 25.53% of its fiscal year budget in the first four months. The Utility side had expended 25.54% of its fiscal year budget. Four month average is 33.33%. The City is advertising for pool managers, assistant managers, and lifeguards for the 2017 season in the Lyons Mirror Sun and the Elkhorn Valley Shopper. Brehmer Mfg will be receiving a $250,000 grant from Nebraska Dept of Economic Development. We received two mockups for the new City website.

Council Member Steinmeyer motioned to approve the Class D Liquor License renewal for KB’s Mini Mart, seconded by Wheaton. 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 Steinmeyer motioned to approve a special designated liquor license to Lyons Community Club for an event on March 24, 2017 at the Lyons Community Center, seconded by Wheaton. All voted yes on roll call.

Council Member Brink motioned to approve the building permit to David Dutton for a pole built building at 1180 County Rd RS, Lyons, NE, seconded by Steinmeyer. All voted yes on roll call.

Council Member Wheaton motioned to approve the building permit to Three Rivers Housing Development Corporation for a new construction ranch-style house at 555 N 5th St, Lyons, NE, seconded by Brink. All voted yes on roll call.

Discussion was held on garbage charges. Some community residents were wondering if the garbage could be charged by the weight or if it could be picked up every other week. The Council questioned as how would the City monitor the weight for all residential customers or if someone still puts out their garbage each week even though they are on a different schedule. It isn’t feasible for the City to monitor this. Residential rates will be published in the newspaper.

Council member Wheaton moved to enter into Executive Session, seconded by Steinmeyer at 7:57 p.m. to discuss personnel. All voted yes on roll call. The meeting returned to Regular session at 8:03 p.m. with motion by Wheaton, second by Brink. All voted yes on roll call. Motion by Steinmeyer, second by Brink 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.

The meeting was adjourned at 8:06 P.M., upon motion by Steinmeyer, seconded by Housh Sr. 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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