Minutes of a Waverly City Council Meeting Held on September 17, 2001

MINUTES OF A WAVERLY CITY COUNCIL MEETING HELD ON AUGUST 4, 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 Rickerswere present. Other City Officials present were City Attorney Mark Fahleson and City Clerk Doug Rix. Also present were Larry Nedrow, James Bare, 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.

PUBLIC COMMENT

Larry Nedrow, a resident at 10331 N. 145th Street, talked about the inoperability of the City’s website.

APPROVAL OF MINUTES

It was moved by Council Member Hestermann and seconded by Council Member Neuhalfen to approve the minutes of the July 21 and 28, 2015city council meetings. 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

It was moved by Council Member Hestermann and seconded by Council Member Neuhalfen to approve the July budget and treasurer’s report. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

It was moved by Council Member Hestermann and seconded by Council Member Neuhalfen to approve the following claims:

Claims (including payroll)$385,083.60

The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0. It was moved by Council Member Dalton and seconded by Council Member Neuhalfen to approve the following claims:

Group A Claim$ 499.64

The following Council Members voted “YEA”: Dalton, Neuhalfen, and Rickers. The following Council Members voted “NAY”: None. Council Member Hestermann abstained. Motion passed 3-0.

CONSIDERATION OF RESOLUTION NUMBER 15-17 TO AMEND THE EMPLOYEE HANDBOOK

Council Member Hestermann motioned to introduce and adopt the following resolution:

RESOLUTION NUMBER 15-17

RESOLUTION ADOPTING AND REVISING THE EMPLOYEE HANDBOOK

WHEREAS, the establishment of rules and regulation for the hiring and continued employment of City personnel is of benefit to the City, and

WHEREAS, it is advantageous for City personnel to know their rights and terms of employment.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WAVERLY, NEBRASKA that the Employee Handbook as revised on August 4, 2015, incorporates revisions to the following sections: Health, Dental, & Life Insurance and Pay Plan. The additions and changes in the above stated sections are hereby adopted as policy.

Council Member Neuhalfen seconded the motion. Council Member Dalton stated that the City’s health insurance rates continue to increase and he believes it is unequal between the individual and family coverage’s pertaining to the cost of the premiums. He said the City needs to seriously look at paying the city employee portion and the employees need to pay a portion or the entire family premium. City Attorney Fahleson addressed Mr. Nedrow and explained the open meetings act. Mr. Nedrow stated he is not addressing the City Attorney and did not want to hear from the City Attorney and that he was talking to the Mayor. City Attorney Fahleson stated that many cities conduct a comparability study that looks at the wages and all the benefits. Council Member Dalton said it is rare that employers pay the family coverage and that next year we should look at changing the health insurance benefit. Council Member Hestermann questioned why Pay Range D was increased so much. He said it is about fifty percent. Mayor Werner stated the high end need to be increased for both Schedules D & E. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

CONSIDERATION OF THE THIRD READING OF ORDINANCE NUMBER 15-05 TO AMEND CHAPTER ONE, ARTICLE NINE, SECTION 1-904 OF THE WAVERLY MUNICIPAL CODE PERTAINING TO APPOINTED OFFICIALS; MUNICIPAL ADMINISTRATOR

Council Member Hestermann motioned to introduce and adopt the third reading of the following ordinance:

ORDINANCE NUMBER 15-05

An ordinance, amending chapter one, article nine, section 1-904 of the waverly code: appointed officials; municipal administrator

Council Member Neuhalfen seconded the motion. City Attorney Fahleson read the ordinance by title. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

CONSIDERATION OF THE SECOND READING OF ORDINANCE NUMBER 15-06 TO AMEND CHAPTER ONE, ARTICLE EIGHT, SECTION 1-807 OF THE WAVERLY MUNICIPAL CODE PERTAINING TO AGENDA RULES

Council Member Hestermann motioned to introduce and adopt the second reading of the following ordinance:

ORDINANCE NUMBER 15-06

An ordinance, amending chapter one, article EIGHT, section 1-807 of the waverly code: aGENDA RULES

Council Member Neuhalfen seconded the motion. City Attorney Fahleson read the ordinance by title. Council Member Dalton motioned to suspend the three readings. Council Member Rickers seconded the motion. On the motion to suspend the three readings the following Council Members voted “YEA”: Dalton, Rickers, Hestermann, and Neuhalfen. The following Council Members voted “NAY”: None. Motion passed 4-0. On the third and final reading the following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

CONSIDERATION OF THE SECOND READING OF ORDINANCE NUMBER 15-08 TO AMEND CHAPTER ONE, ARTICLE EIGHT, SECTION 1-801 OF THE WAVERLY MUNICIPAL CODE PERTAINING TO MEETINGS; GOVERNING BODY

Council Member Hestermann motioned to introduce and adopt the second reading of the following ordinance:

ORDINANCE NUMBER 15-08

An ordinance, amending chapter one, article EIGHT, section 1-801 of the waverly code: MEETINGS; GOVERNING BODY

Council Member Neuhalfen seconded the motion. City Attorney Fahleson read the ordinance by title. Council Member Rickers motioned to suspend the three readings. The motion failed for a lack of a second. Council Member Hestermann stated he has been contacted by several church groups about meeting on Wednesdays. Council Member Neuhalfen stated that at this time that Wednesdays would work for him. Michael Wunder stated that Greenwood meets on Wednesdays. Larry Nedrow stated that all three churches in the community have activities on Wednesdays. Don Althouse stated that the LPSNRD meets on Wednesdays. Council Member Neuhalfen motioned to amend the ordinance to strike the word Wednesday and change it to Monday. Council Member Hestermann seconded the motion. On the proposed amendment the following Council Members voted “YEA”: Neuhalfen, Hestermann, Dalton, and Rickers. The following Council Members voted “NAY”: None. The motion passed 4-0. On the second reading of the amended ordinance the following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

CONSIDERATION OF THE FIRST READING OF ORDINANCE NUMBER 15-09 TO AMEND CHAPTER EIGHT, ARTICLE ONE, SECTION 8-103 OF THE WAVERLY MUNICIPAL CODE PERTIANING TO MUNICIPAL PROPERTY; OBSTRUCTING VIEW ON CORNER LOTS; SIGHT TRIANGLE OBSTRUCTIONS

Council Member Hestermann motioned to introduce and adopt the first reading of the following ordinance:

ORDINANCE NUMBER 15-09

An ordinance, amending chapter EIGHT, ARTICLE ONE, SECTION 8-103 OF THE WAVERLY MUNICIPAL CODE PERTAINING TO MUNICIPAL PROPERTY; OBSTRUCTING VIEW ON CORNER LOTS; SIGHT TRIANGLE OBSTRUCTIONS

Council Member Neuhalfen seconded the motion. City Attorney Fahleson read the ordinance by title. Council Member Dalton asked for more information. He expressed concern about not having triangle regulations at intersection that do not have stop signs. Council Member Dalton motioned to postpone this to the first council meeting in September so that more information on non controlled intersections could be gathered. Council Member Hestermann seconded the motion. On the motion to postpone the first reading of Ordinance Number 15-09 to the first meeting in September the following Council Members voted “YEA”: Dalton, Hestermann, Neuhalfen, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

CONSIDERATION OF THE FIRST READING OF ORDINANCE NUMBER 15-10 TO AMEND CHAPTER SIX, SECTION 6-6 OF THE WAVERLY SUBDIVISION REGULATIONS PERTAINING TO PARK RESERVATIONS

Council Member Hestermann motioned to introduce and adopt the first reading of the following ordinance:

ORDINANCE NUMBER 15-10

An ordinance, amending chapter SIX, SECTION 6-6 OF THE WAVERLY SUBDIVISION REGULATIONS PERTAINING TO PARK RESERVATION

Council Member Neuhalfen seconded the motion. City Attorney Fahleson read the ordinance by title. Council Member Dalton asked if the Planning Commission reviewed this request. City Clerk Rix reported they considered it at their last meeting and are recommending approval of the change. Mayor Werner stated he also was surprised at the proposed change. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

CONSIDERATION OF THE FIRST READING OF ORDINANCE NUMBER 15-11 TO AMEND CHAPTER SEVEN, SECTION 11.707 OF THE WAVERLY ZONING REGULATIONS PERTAINING TO FENCE REGULATIONS

Council Member Hestermann motioned to introduce and adopt the first reading of the following ordinance:

ORDINANCE NUMBER 15-11

An ordinance, amending chapter Seven, SECTION 11.707 OF THE WAVERLY ZONING REGULATIONS PERTAINING TO FENCE REGULATIONS

Council Member Neuhalfen seconded the motion. City Attorney Fahleson read the ordinance by title. Council Member Dalton talked about Figure SD-1 and expressed the concern about intersections not controlled by stop signs being addressed in this ordinance. Council Member Dalton motioned to postpone the first reading of Ordinance Number 15-11 to the first meeting in September. Council Member Hestermann seconded the motion. On the motion to postpone the first reading of Ordinance Number 15-09 to the first meeting in September the following Council Members voted “YEA”: Dalton, Hestermann, Neuhalfen, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

CONSIDERATION OF THE FIRST READING OF ORDINANCE NUMBER 15-12 TO AMEND CHAPTER THREE, ARTICLE ONE, SECTION 3-110 OF THE WAVERLY MUNICIPAL CODE PERTAINING TO MUNICIPAL WATER DEPARTMENT: RATES

Council Member Hestermann motioned to introduce and adopt the first reading of the following ordinance:

ORDINANCE NUMBER 15-12

AN ORDINANCE, AMENDING CHAPTER THREE, ARTICLE ONE, SECTION 3-110 OF THE WAVERLY MUNICIPAL CODE: MUNICIPAL WATER DEPARTMENT; RATES

Council Member Neuhalfen seconded the motion. City Attorney Fahleson read the ordinance by title. Council Member Dalton stated he would like to see the rate information study information in the packets before the second reading. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

CONSIDERATION OF THE FIRST READING OF ORDINANCE NUMBER 15-13 TO AMEND CHAPTER THREE, ARTICLE TWO, SECTION 2-140 OF THE WAVERLY MUNICIPAL CODE PERTAINING TO MUNICIPAL SEWER DEPARTMENT: BASE RATES; AND AMENDING SECTION 3-241 MUNICIPAL SEWER DEPARTMENT: SURCHARGE RATES

Council Member Hestermann motioned to introduce and adopt the first reading of the following ordinance:

ORDINANCE NUMBER 15-13

AN ORDINANCE, AMENDING CHAPTER THREE, ARTICLE TWO, SECTION 3-240 OF THE WAVERLY MUNICIPAL CODE: MUNICIPAL SEWER DEPARTMENT; BASE RATES: AND SECTION 3-241 MUNICIPAL SEWER DEPARTMENT; SURCHARGE RATES

Council Member Neuhalfen seconded the motion. City Attorney Fahleson read the ordinance by title. Council Member Dalton asked how sewer rates are determined for new homes when there hasn’t been a record of water usage during the January to March timeframe. City Clerk Rix stated he would find the answer to this and let everyone know. The following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

INTRODUCTION OF BUSINESS AND COMMUNICATIONS

CONSIDERATION OF CAUSING THE PUBLIC NUISANCE ABATEMENT AT 9700 N. 148TH STREET

Lincoln-Lancaster County Health Inspector Jim Bare reported he inspected this property two hours ago and stated there are still two cars on a trailer but that the other vehicles have been removed, therefore he stated the property is now in compliance. He recommends monitoring the property and sending the property owner a letter. No action was taken.

CONSIDERATION OF APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE LICENSE AGREEMENT WITH THE CITY OF LINCOLN

Council Member Hestermann motioned to approve and to authorize the Mayor to sign the license agreement with the City of Lincoln. Council Member Neuhalfen seconded the motion. City Attorney Fahleson recommended amending the proposed license agreement. Council Member Hestermann motioned to amend the proposed License Agreement with the City of Lincoln per the City Attorney’s recommendations. Council Member 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 original motion as amended, the following Council Members voted “YEA”: Hestermann, Neuhalfen, Dalton, and Rickers. The following Council Members voted “NAY”: None. Motion passed 4-0.

2015-16 BUDGET UPDATE

City Clerk Rix went over the proposed 2015-16 Significant Items by fund. He reported a Department Head meeting was held this morning to discuss the proposed budget. He said that Staff is recommending that in the General Fund that the two proposed new towers be purchased from this year’s budget. He said that in the Inspection Fund that they are recommending the review of plats and construction plans be increased ten thousand dollars but that this will be offset on the revenue side since the Developer reimburses the City for these fees. In the Street Fund, the proposed 34 t-3 barricades for $6,500, the banners for $3,000, and the N. 136th & Guildford Check Valve for $5,000 have been removed from the proposed 2015-16 budget. It is recommended that the new Amberly Road school zone flashers, laser transit and soil density meter be purchased out of this year’s budget, with the laser transit and soil density costs being shared with the Inspection budget. In the Pool Fund, he mentioned that the Chem Control is no longer needed. The Chem. Pump, painting of the pool, the purchase of the swim lesson platform, furniture chairs and tables, and electric hand dryers will be purchased from this year’s budget. In the Park Fund, the office computer and equipment trailer will be purchased from this year’s budget. In the Cemetery Fund, the pipe for the storm water from the Cemetery Heywood driveway approach to N. 148th Street will be purchased out of this year’s budget. In the Water Fund, the GPS locator and scada link will be purchased out of this year’s budget. In the Sewer Fund, the GPS locator and jetter nozzles will be purchased from this year’s budget with the GPS locator cost being split between the Water and Sewer Fund. He added that the next step will be a budget meeting with Council Members Hestermann and Neuhalfen and then to wait on the new City valuation number from the County Assessor that is due on or before August 20th.

The current proposed 2015-16 Significant Budgeted Items is attached.

COMMITTEE REPORTS

1. Human Services (Recreation and Parks) – Council Member Rickers reported that Lawson Park Phase II groundbreaking was held on July 23rd including the Make a Wish donation. There were a lot of people there. The next Park Committee will be August 10th. The pool closes this Sunday. Still looking for a fourth field donor. The LawsonPark construction has started. He will try to have a project construction schedule at the next meeting.

2. Public Works (Utilities, Streets) – Council Member Dalton did not have a report.

3. Public Health & Safety (Fire and Safety) – Council Member Neuhalfen reported the new grass rig vehicle has arrived at the dealership.

4. Fiscal & Economic Development – Council Member Hestermannstated a meeting was held on July 29th with potential investors for the new hotel. The turnout seems promising. There were several impressed comments regarding the AmericInn & Suites representatives.

5. City Attorney Report –City AttorneyFahleson did not have a report.

6. City Administrator Rix reported on the following items:

• the Waverly May sales tax total was $43,691.63, and
• the June keno receipts totaled $277,650.04 with the City receiving $31,631.24, and
• the sign vendor has obtained a quote for the equipment needed to communicate with and change the sign message remotely. He said the proposed sign site has been staked. With the License Agreement being approved tonight, now the next step is to submit the sign permit application to NDOR for their approval, and
• Bluff Road update. We have received the Army Corps 404 permit for the two culverts on Bluff Road. A meeting is scheduled next week with the CountyEngineer to discuss this project. The Interlocal Agreement should be forthcoming soon, and
• the “Kick Off” meeting with the engineers was held this morning on the Watershed Priority Project #2 and 2016 Paving Improvements, and
• Dam update. Olsson Associates continues to work on the plans and specifications for the dam. Don and Doug Althouse met with me today as a follow up to our meeting at their house. They said the OA Engineer had promised some information regarding the various scenarios of flooding and the impact to the acres that would be impacted and information on the field crossing. I emailed the engineer asking him to send me this information, and
• Water Improvements update. The project will be closed out soon, and
• LawsonPark Improvements Update. We received three commitments of $35,000 for the LawsonPark field naming rights. They are from Watts Electric, Horizon Bank, and Tecumseh Poultry, and
• a hotel investor meeting was held on July 29th. The next step is for the hotel representative to identify a bank to work with for the financing of the project and to identify potential investors, and
• the Boy Scouts Community Clean-up Day is scheduled for Saturday, August 22, 2015, from 8:30 a.m. to noon at the Waverly Intermediate School parking lot, and
• The new website is progressing. Quick Connect indicated today that it is very tedious retrieving the information from the old website since it was so corrupted.

ADJOURNMENT