Lyons City Council Meeting
LYONS CITY COUNCIL MEETING
April 5, 2016
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., April 5, 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, Utility Superintendent Daberkow, and Chief Buck.
Visitors at the meeting were Brad Slaughter of Ameritas, Marilyn Tenney, Wyatt Fraas of the Center for Rural Affairs, Robert Byrnes of Nebraska Green Fuels, 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 Brink, second by Wheaton. 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 opposition or objections to a Class K Catering Application for Fallout Bar & Grill. There being no 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.
Moved by Minton, seconded by Brink to approve the following consent agenda:
1. Dispense with reading of minutes of meetings held March 1 and March 8.
2. Claims as presented.
3. Treasurer report.
All council members voted YEA.
CLAIMS: AMERICAN BROADBAND serv 850.50, BARCO MUNICIPAL PRODUCTS suppl 778.71, C & J AUTO tires 1,432.46, CENTER POINT LARGE PRINT books 229.76, CHRYSLER CAPITAL police car 1,303.16, FIRST NATIONAL BANK NE street bond 4,783.63, FRICKENSTEIN PUMPING serv 65.00, GALE/CENTAGE LEARNING books 65.96, GOLDSTAR PUBLICATIONS book 24.70, HOLMQUIST GRAIN & LUMBER suppl 147.33, LORENSEN GRAIN & READY MIX rock 3,282.70, LYONS MIRROR-SUN publ 290.11, PETAL PUSHERS plant 42.80, STEINY'S FARM REPAIR tires 900.00, VERIZON serv 165.83, WEST POINT NEWS ad 96.00, AMERICAN FUNDS SERVICE pension 655.51, BOMGAARS suppl 25.98, BURT COUNTY SHERIFF fees 20.00, DANIEL A SMITH fees 1,000.00, ELECTRONIC CONTRACTING serv 324.00, SYNCHRONY BANK/AMAZON books 495.17, IIMC dues 155.00, JF AHERN maint 1,645.00, MELS SMALL ENGINE mower 5,984.00, POWERPLAN repairs 5,396.90, PUBLIC SAFETY CENTER suppl 101.78, US BANK signs 71.45, ROBERT RIVERA reimb 90.72, BREHMER MANUFACTURING suppl 107.31, BURT COUNTY PUBLIC POWER elec 1,841.40, WESTERN AREA POWER ADMIN elec 7,667.88, DOUGLAS COUNTY HEALTH testing 10.00, HD SUPPLY WATERWORKS repairs 132.61, MATHESON TRI-GAS suppl 27.60, MUNICIPAL SUPPLY suppl 460.71, NEBR STATE FIRE MARSHALL assessment 64.68, NPGA nat gas 29,125.13, NPPD elec 30,662.92, LEO'S PUMP SHOP pumps 9,319.31, WESCO suppl 1,900.32, MIKE HIMBURG deposit refund 260.46, ACCO chem 121.24, CANNON TECHNOLOGIES support 1,669.20, CENTURYLINK serv 45.96, CITY OF LYONS util 5,799.56, CNA AUTO serv 639.03, COMFORT INN lodging 189.90, KB'S MINI MART fuel 2,669.45, LAYNE CHRISTENSEN maint 641.34, MAILFINANCE lease 327.00, NEBRASKA PUBLIC HEALTH testing 276.00, MARK A NIEWOHNER maint 212.50, NMPP ENERGY dues 679.03, OHIO NATIONAL LIFE INS pension 4,403.59, ONE CALL CONCEPTS serv 17.40, PROFESSIONAL SERVICES ins 453.54, QUALITY PRINTING suppl 349.90, SAPP BROS PETROLEUM propane 116.66, SAVEMORE MARKET suppl 147.17, STEINY'S GENERAL suppl 1,448.25, T & H ELECTRIC serv 850.77, TERRY UEDING reimb 51.34, WASTE CONNECTIONS serv 11,932.78, ZEE MEDICAL suppl 96.78, NEBR DEPT OF REVENUE sales tax 8,463.68, FEDERATED INSURANCE health ins 13,469.05, TOTALFUNDS BY HASLER postage/lease 619.99, CITY OF LYONS payroll 35,829.55, EFTPS payroll tax 10,687.74, NEBR DEPT OF REVENUE payroll tax 1,391.83.
Brad Slaughter of Ameritas discussed the refinancing of the Wastewater SRF loan, which will become the $720,000.00 Combined Utilities Revenue Bonds, Series 2016. The interest rate will be an average of 2.580%. The savings would be $51,528.07. We would keep the same payment schedule of June and December with the same number of years.
Council Member Minton introduced and moved the adoption of Ordinance 725: AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF LYONS, NEBRASKA OF ITS COMBINED UTILITIES REVENUE REFUNDING BONDS, IN ONE OR MORE SERIES AND IN AN AGGREGATE PRINCIPAL AMOUNT OF $720,000; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; PLEDGING THE REVENUES OF THE CITY’S SEWER AND WATER SYSTEMS AND OTHER AVAILABLE MONEYS TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; DESIGNATING THE BONDS AS QUALIFIED TAX-EXEMPT OBLIGATIONS; ADOPTING CERTAIN POST ISSUANCE TAX COMPLIANCE AND DISCLOSURE POLICIES AND PROCEDURES WITH RESPECT TO THE BONDS; PROVIDING FOR THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM; AND AUTHORIZING CERTAIN ACTIONS AND DOCUMENTS AND PRESCRIBING OTHER MATTERS RELATING THERETO. Council member Steinmeyer moved for the suspension of the statutory rule requiring ordinances be read by title on three separate days, seconded by Minton. 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. 725 was read by title, and Council member Minton moved for passage of the ordinance, said motion was seconded by Council member Steinmeyer. The Mayor then stated the question was, “Shall Ordinance No. 725 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. 725, 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. 725.
Brad Forrester of EIA was not at the meeting.
Graham Christensen was not at the meeting. Ball Association doesn’t want to give up the area where another ball diamond could be in the future. Ron Daberkow informed the Council of the other possible locations for the solar garden project.
Marilyn Tenney presented the City with a check for $1,254 from the sales of the “Decades” movie and the money is to be set aside for the maintenance of the movie theater. Update on the theater: a cart will be built for the audio equipment and Pat Vetick will finish the back portion by the middle of May, 2016. Rental of the movie theater will be through the Library. Bill Hedges has the audio equipment and the movie screen is at the City shop.
Robert Byrnes of Nebraska Green Fuels discussed electric rates between what NPPD charges and what the City of Lyons charges. He would like the City to look into solar energy.
Don Imus was not at the meeting.
Chief Buck presented the police report. Online bids for used vehicles were anywhere from $200 to $18,000. Bids on new vehicles were as follows: 2016 Chevy Caprice at $37,922 (included equipment and installation of equipment), 2016 Ford Taurus at $35,071 (included equipment and installation of equipment), and a State Bid on a brand new 2015 Dodge Charger at $32,762.73 (equipment and installation included). The 2016 vehicles had a 36 month/36,000 mile warranty. Council member Wheaton motioned to approve purchasing the 2015 Dodge Charge for $32,762.73 at State Bid price with a 10 year/100,000 mile warranty for a new police car, seconded by Brink. All council members voted yes on roll call.
Mike Heavrin presented the Library Report. Library board meetings are being changed to accommodate Board member work schedules. Meetings will be the second Thursday of the month at 5 pm. The Library Board passed a resolution of support at their March 15th meeting if the City decides to move the marquee sign. Grants Report: The NDEQ quarterly grant report on the plastic baler has been submitted. We are waiting to hear back on the Main Street Revitalization grant proposal. The E-Rate process has been started.
Two sealed bids for the water main boring on the north side of State St were opened: S & W Underground Services of Norfolk, NE with bid of $2,800 and Frost FiberTech Inc of Blair, NE with bid of $4,095. Council member Brink motioned to accept the S & W Underground bid of $2,800 for the water main boring on north side of State St, seconded by Minton. All voted yes on roll call. The new City property mower has been delivered. Two sealed bids for armor coating of streets except Keisterville were opened: The Road Guy Construction Company of Yankton, SD with bid of $1.33 per sq yd and Sta-bilt Construction of Harlan, IA with bid of $1.38 per sq yd. Council member Steinmeyer motioned to accept The Road Guy Construction Company of Yankton, SD with bid of $1.33 per square yard for armor coating of streets except H&K Subdivision, seconded by Minton. All voted yes on roll call. Wiatt Russman purchased the Curb Appeal business from Randy Woldt. A price quote for street sweeping of the town four times this year was not received yet. Lyons Spring Clean-up will be held on Saturday, April 9, 2016, rain or shine. Due to the Flint, MI lead in their water, patrons inquired about our school and lead in the water. City of Lyons is required to test for lead every 3 years. Lyons has been below the maximum lead amount acceptable to Federal regulation. Copies of water reports have been given to Mr Fred Hansen at LDNE. ViaSat is building a second building north of Pat Vetick’s shop. With this addition, the electric transformer will need to be upgraded to 112 KVA. The marquee sign at the Library will be removed for now as the Veteran’s Memorial Plaza is being constructed. No probable violations were found by the Nebraska State Fire Marshal inspections in the City’s Integrity Mgmt and Operator Qualifications Plans for the natural gas system. EAI submitted a Water Tower proposal to the Council. Ron Daberkow and Terry Ueding had some comments and questions on the water tower repair proposal that will be given to EAI for their response. Happy Days Center is getting water in their basement due to the roof conditions of the bowling alley. The bowling alley will be yellow placard. Roger Johnson’s field had a collapsed portion of sewer main and has been repaired. Layne Western will repair a few leaks on the water plant No 2 high service pump in the future.
City Clerk Ritter reported on the General and Utility Income Statements for the month ending March 31, 2016. The General side had a month to date net loss of $18,561 and a year to date net loss of $23,715. The Utility side had a month to date net gain of $24,094 and a year to date net gain of $164,514. Debt Service had a month to date net gain of $11,120 and a year to date net loss of $65,806 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 48% of its fiscal year budget in six months, 2% below the average budget. The Utility side expended 49.70% of its fiscal year budget. Six month average is 50%. There was a request for more white tables and chairs for the Community Center. The Council decided on round tables and chairs and will budget for some next fiscal year. The annual pet clinic and ATV/UTV licensing will be held in front of Steiny’s General Store on April 27, 2016, from 6 pm to 7 pm.
The City has received 13 lifeguard applications including one for assistant manager and lifeguard, and none for pool manager.
Discussion was held on possibly charging a fee for out of town establishments who request a Special Designated Liquor License/serve liquor at events at the Lyons Community Center. No action was taken as Council members opposed this.
Council Member Steinmeyer motioned to approve the Application for a Class K Catering License for the current Class C License for Fallout Bar and Grill, seconded by Wheaton. All voted yes on roll call.
Since the Lyons Fire Dept voted Monday evening, April 4, 2016, to not apply for SDL’s and serve liquor at wedding events here in Lyons anymore, the Council could not consider a SDL to the Lyons Fire Dept for a wedding event on May 7, 2016 at the Lyons Community Center. There was a timing issue if this wasn’t on the Council’s agenda for this meeting.
Council Member Steinmeyer motioned to approve a special designated liquor license to the Lyons Fire Dept, Lyons, NE for the alumni event on May 28, 2016 at the Lyons Community Center, seconded by Minton. All voted yes on roll call.
Council Member Steinmeyer motioned to approve a special designated liquor license to the Lyons Fire Dept, Lyons, NE for a street dance on July 3, 2016, in Lyons NE, seconded by Minton. All voted yes on roll call.
The meeting was adjourned at 7:43 P.M., upon motion by Steinmeyer, seconded by Minton. All council members voted yes on roll call.
Andrew Fuston, Mayor