MINUTES OF REGULAR MEETING OF MAYOR AND CITY COUNCIL OF THE CITY OF NELIGH, NEBRASKA February 10, 2015

Transcription

1 MINUTES OF REGULAR MEETING OF MAYOR AND CITY COUNCIL OF THE CITY OF NELIGH, NEBRASKA February 10, 2015 The regular meeting of the Mayor and City Council of the City of Neligh was held at the Council Chambers on Tuesday, February 10, 2015 at 7:00 P.M. Present were Mayor Joe Hartz, Council Members Leonard Miller, Dale Wilkinson and Ted Hughes. Absent: Steph Wanek. Also in attendance were City Attorney Jim McNally, City Supt. Dean Bly, Police Chief Mike Wright, Economic Development Director Greg Ptacek, Generation Supervisor Josh Capler, City Engineer John Zwingman, City Clerk Danielle Klabenes, Reporters DeManda McGowen, Carrie Pitzer and Katie Moriarty, David and Rebecca Williams, Kelly Gewecke, Jeri Anderson, Diann Arehart and several members of the public. Notice of this meeting was given in advance thereof by publication in the Neligh News and Leader on February 4, Notice of this meeting was given to the Mayor and all members of the Council and a copy of their acknowledgment of receipt of notice and the agenda is attached to the minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Council of this meeting. Mayor Hartz offered a prayer before opening the meeting. All proceedings thereafter shown were taken while the convened meeting was open to the attendance of the public. Mayor Hartz presided over the meeting and noted that a copy of the Open Meetings Law, located on the east wall of the Council Chambers, was available to the public. City Clerk Klabenes recorded the minutes. The Pledge of Allegiance was recited. APPROVAL OF MINUTES Wilkinson moved to approve the January regular meeting minutes as submitted. Seconded by Hughes. Roll call votes in favor were Hughes, Miller, Wilkinson. Opposed: None. Absent: Wanek. Motion carried. TREASURER S REPORT Hughes moved to accept the January 2015 treasurer s report. Seconded by Wilkinson. Roll call votes in favor were Wilkinson, Miller, Hughes. Opposed: None. Absent: Wanek. Motion carried. LEADERSHIP DESIGNATION Kelly Gewecke, field representative of the Nebraska Department of Economic Development presented the Leadership Designation award to the City Council. She reported Neligh was one of 4 Nebraska communities to achieve the honor. She shared a letter from Chuck Schroeder, the executive director of the University of Nebraska-Lincoln Rural Futures Institute with his gratitude to the Neligh community for further developing a rural Nebraska community. Gewecke presented the award to Mayor Hartz, Economic Director Ptacek and City Clerk Klabenes and thanked the community and City Council with a round of applause. ONE-AND-SIX YEAR STREET IMPROVEMENT PLAN HEARING Mayor Hartz opened the One-and-Six Year Street Improvement Plan Hearing at 7:08 P.M. to receive oral or written comments from the general public. City Engineer John Zwingman reported the one year plan included street improvements south of the Neligh Mill Bridge and the six year plan included the gravel streets in the town. He reported the plan was a requirement of the Nebraska Department of Roads Classifications and Standards division and was used to determine the street allocation income the city was eligible for. He reported each street project was listed with revised cost estimates for current material costs to aid with budget planning. Discussion was held to explain the process in creating a paving district and notifying adjoining land owners when a street improvement project is worked on. Economic Director Ptacek reported on the public works grant and initial lowto-moderate income surveys the two interns from Rural Futures Institute last summer worked on. The hearing was left open. GOATS WITHIN CITY LIMITS Rebecca Williams a Neligh Resident requested consideration for a one month old blind Nigerian dwarf goat, named Gizmo, to be allowed to stay with her family. She reported the goat was rejected by its mother after birth and since the goat was blind, could not accurately step out of the way from being stepped on by other farm animals. She reported she had contacted the city office to inquire if goats were allowed within city limits and learned that goats were not permitted. She reported on the current health condition of the goat improving after

2 raising it for two weeks in her home prior to the council meeting. She reported she was not going to request a change in the ordinance for all goats to be allowed in city limits but would like to request permission to continue raising the goat for one month before taking the goat to a farm. Following discussion for appreciating the care for an animal and the need for rules and regulations, it was moved by Hughes to permit the goat to reside with the Williams family for 30 days and to find an alternate home before the end of 30 days. Seconded by Wilkinson. Roll call votes in favor were Wilkinson, Miller, Hughes. Opposed: None. Absent: Steph Wanek. Motion carried. NELIGH MILL BRIDGE PAINTING AND STREET IMPROVEMENTS Supt. Bly reported he had received 3 estimates for power washing and painting or sandblasting and painting the Neligh Mill Bridge to range from $85,000-$100,000. City Engineer Zwingman recommended a sandblasting application over the power washing for better adherence of the paint to the structure. He reported the estimates were not formal bids and with the amount exceeding the bid threshold of $30,000 the project would require plans and specifications for bid letting and he could obtain specifications from the Nebraska Department of Roads. Hughes moved to authorize the city engineer to prepare plans, specs and a cost estimate for the Neligh Mill Bridge for the March meeting. Seconded by Miller. Roll call votes in favor were Miller, Wilkinson, Hughes. Opposed: None. Absent: Wanek. Motion carried. City Engineer Zwingman reported he estimated 300 tons of millings needed for the road south of the mill bridge. Supt. Bly reported the millings from an airport project would cost $10.00 per ton and both city personnel and county employee assistance would work on the road. Discussion was held that with the City owning the bridge, it was still on the National list of Historic Registry and the city should share project plans and receive permission from the Nebraska State Historical Society. Wilkinson moved to authorize the City Attorney to send a letter to the Nebraska State Historical Society for permission to work on the Neligh Mill Bridge. Seconded by Miller. Roll call votes in favor were Wilkinson, Miller, Hughes. Opposed: None. Absent: Steph Wanek. Motion carried. ORDINANCE 571 AMENDING PROCEDURES FOR DISPOSITION OF ABANDONED VEHICLES ORDINANCE 572 OMITTING MONETARY AMOUNTS FROM THE MUNICIPAL CODE BOOK ORDINANCE 573 REDEFINING ALL-TERRAIN VEHICLES AND UTILITY-TYPE VEHICLES ORDINANCE 574 AMENDING THE ALLOWABLE DISTANCES OF WELLS ORDINANCE 575 PROVIDING A PROCEDURE FOR THE MAYOR TO VETO City Attorney McNally presented five ordinances passed by the state legislature. He recommended the council consider the five ordinances to bring the city ordinances up to date. He advised Ordinance 571 included and defined mobile homes and provided a procedure to dispose of them as an abandoned vehicle. He reported Ordinance 572 provided for the changing of rates or prices to be recorded in the ordinance book kept in the City Clerk s office and open for inspection during normal business hours instead of continually changing the municipal code book. He reported Ordinance 573 changed the definition of all-terrain and utility-type vehicles. He reported Ordinance 574 added a few new definitions for the safe zone of facilities within city water sources. He reported Ordinance 575 further clarified the procedure for the mayor to veto the passage of an ordinance, resolution, order, bylaw, award of or vote to enter into any contract or the allowance of any claim. Council member Wilkinson introduced the following Ordinances 571, 572, 573, 574 and 575 to reflect such changes and entitled as follows: AN ORDINANCE OF THE CITY OF NELIGH, ANTELOPE COUNTY, NEBRASKA, AMENDING THE PROCEDURES FOR DISPOSITION OF ABANDONED VEHICLES INCLUDING MOBILE HOMES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF NELIGH, ANTELOPE COUNTY, NEBRASKA, PROVIDING THAT DOLLAR AMOUNTS OF COMPENSATION, FEES, CHARGES, TAXES AND FINES MAY BE OMITTED FROM THE MUNICIPAL CODE BOOK; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF NELIGH, ANTELOPE COUNTY, NEBRASKA, REDEFINING ALL-TERRAIN VEHICLES AND UTILITY-TYPE VEHICLES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF NELIGH, ANTELOPE COUNTY, NEBRASKA, AMENDING THE

3 ALLOWABLE DISTANCES OF WELLS AND OTHER FACILITIES FROM CITY WATER SOURCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF NELIGH, ANTELOPE COUNTY, NEBRASKA, PROVIDING A PROCEDURE FOR THE MAYOR TO VETO PASSAGE OF ORDINANCES, RESOLUTIONS, ETC.; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. And moved that the statutory rule requiring reading on three different times be suspended. Council member Hughes seconded the motion to suspend the rules and upon roll call vote on the motion, the following Council members voted YEA: Hughes, Miller, Wilkinson. The following voted NAY: None. Absent: Wanek. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinances. Said ordinances were then read by title and thereafter, Council member Hughes moved for final passage of the ordinances, which motion was seconded by Council member Miller. The Mayor then stated the questions, Shall Ordinance No. 571, 572, 573, 574 and 575 be passed and adopted? Upon roll call vote, the following Council Members voted YEA: Wilkinson, Miller, Hughes. The following voted NAY: None. Absent: Wanek. The passage and adoption of said ordinances, having been concurred in by three-fourths of all members of the City Council, the Mayor declared the ordinances were adopted and approved of the same and affixed his signature thereto and ordered the City Clerk to publish said ordinances one time as prescribed by law. CLOSE ONE-AND-SIX YEAR STREET IMPROVEMENT PLAN HEARING There being no oral or written comments received in reference to the One-and-Six Year Street Improvement Plan, Mayor Hartz declared the hearing closed at 8:21 P.M. Council member Miller introduced and moved for passage Resolution adopting the One-and-Six Year Street Improvement Plan as prepared by Advanced Consulting Engineering Services. Seconded by Hughes. Roll call votes in favor were Hughes, Miller, Wilkinson. Opposed: None. Absent: Wanek. Thereupon Mayor Hartz declared Resolution adopted. RIVERSIDE PARK JET Wilkinson moved to approve the 2015 loan agreement for displaying the jet in Riverside Park between the Department of the United States Air Force and the City of Neligh. Seconded by Miller. Roll call votes in favor were Wilkinson, Miller, Hughes. Opposed: None. Absent: Wanek. Motion carried. APPOINTMENTS Mayor Hartz made the following appointments: Steve Jessen for Board of Adjustment to unexpired term to June The Swinging Bridge Committee presented were citizens Ron Mortensen, Tim Steffl, Matt Klabenes, youth member Austin Miller and City Council members Steph Wanek, Ted Hughes and Jim McNally. Moved by Wilkinson to approve the board and committee appointments as presented. Seconded by Miller. Roll call votes in favor were Wilkinson and Miller. Abstain: Hughes. Opposed: None. Absent: Wanek. Mayor Hartz as permitted by Nebraska statute to vote to equal a majority of elected members of the council voted in favor of the appointments. Motion carried. ACE MEMBERSHIP DISTRIBUTION REFUND Council Member and ACE representative Dale Wilkinson presented an update from the January 21 st ACE meeting he had attended in North Platte, Nebraska. He reported ACE had selected Constellation as the new supplier which offered better rates and a better contract with ACE. He reported the Choice Gas program would be held April 10 th 23 rd. He reported the ACE board had approved of a 2015 distribution of about $150, to return to member communities. He reported the City of Neligh was estimated to receive a membership distribution of approximately $2, based on meeting attendance and the number of therms community members used. He encouraged council members to share their ideas for a community betterment project to apply the membership distribution funds. TELEBEEP TOWER LEASE Mayor Hartz reported on a letter he received from TeleBeep Wireless about the rate of the tower lease

4 agreement established at the January meeting. The letter stated TeleBeep Wireless serviced a limited number of customers and due to the nature of the business and size of the market, TeleBeep did not expect the numbers to change significantly. TeleBeep requested to be reclassified from a Tier 2 company at $200 per month to a Tier 3 company at $500 per year. Discussion was held for the services the City of Neligh and Fire Department pays to TeleBeep in pager and equipment costs each year and it was the consensus of the council to offer a tower lease at $100 per month with a letter of explanation. Hughes moved to offer TeleBeep Wireless a Tier 2 tower lease at $100 per month for 4 years with a letter of explanation for the rate. Seconded by Miller. Roll call votes in favor were Hughes, Wilkinson, Miller. Opposed: None. Absent: Wanek. Motion carried. LAND AND WATER CONSERVATION FUND GRANT Clerk Klabenes reported the Riverside Park north ball field ag-lime improvement project was not selected for a grant through the Nebraska Game & Parks. Economic Director Ptacek reported the priority projects awarded were for photography areas for wildlife and picnic areas. Supt. Bly reported current ag-lime, gravel and trucking costs were estimated at $22,250. Clerk Klabenes reported the lottery fund had received higher than usual receipts in the 3 rd and 4 th quarter of 2014 totaling $15,300 and requested consideration for the park project to be completed this spring in time for the 2015 summer season with the additional lottery funds received. Ball Board member Diann Arehart reported the Ball Board would contribute $6,500 to the project. Hughes moved to spend $15,300 from the Lottery fund and any shortfall to purchase the ag-lime, trucking and gravel for the Riverside Park north baseball field improvement project. Seconded by Wilkinson. Roll call votes in favor were Miller, Wilkinson, Hughes. Opposed: None. Absent: Wanek. Motion carried. STREET LIGHT DECORATIONS Jeri Anderson presented estimates for replacing the snowflake street light decorations ranging from $30,694 to $36,076. She reported the estimates included energy efficient LED bulbs and the prices would be honored until February 28 th with delayed billing until December She reported on 3 swag skyline lights for main street intersections, 37 highway lights and 71 downtown main street lights. Discussion was held that if the highway lights were replaced, the bulbs from the highway lights could be used to replace the main street light bulbs. Moved by Hughes to purchase the 37 highway 5 foot snowflake street lights at $12,802 to be paid in the next fiscal year. Seconded by Miller. Roll call votes in favor were Wilkinson, Miller, Hughes. Opposed: None. Absent: Wanek. Motion carried. ECONOMIC DEVELOPMENT DIRECTOR S REPORT ED Director Ptacek reported the Chamber of Commerce was bidding on two 3x5 foot signs with software and LED lights from an auction of the contents in the Pershing Center in Lincoln. He reported the signs would be used as community signs close to the highway to promote community events, if successfully purchased, and requested that the city install and place on a pedestal. He reported the Chamber had authorized a bid up to $510 at the Chamber meeting earlier that day which the auction would end the following day. Discussion was held for the current bid at the time of discussion during the council meeting. Hughes moved to contribute up to $500 from the ACE membership distribution funds as a community betterment project to the Chamber of Commerce and to install the signs upon successful bids. Seconded by Wilkinson. Roll call votes in favor were Miller, Wilkinson, Hughes. Opposed: None. Absent: Wanek. Motion carried. Director Ptacek reported that the newly awarded Leadership Designation opened access to Downtown Revitalization funding sources. He explained the two phase process with Phase 1 planning of 3-6 months and Phase 2 implementation of 1-2 years. He reported the grant paid up to 75% of $30,000 for a planning consultant and engineer with the city matching $7,500 which funds were in the LB840 budget. He reported the first step was to form a committee and recommended 1 city council member, 2 economic development board members, 1-2 Chamber members and 2-4 downtown business owners. He reported the grant application would be made in May 2015 with notice of award and release of funds in July and planning to be held in September December Hughes moved to form a Downtown Revitalization Committee as recommended. Seconded by Miller. Roll call votes in favor were Wilkinson, Miller, Hughes. Opposed: None. Absent: Wanek. Motion carried. The Director presented a draft of a letter that the Northeast Nebraska Economic Development District assisted the Director with to submit to engineering and planning firms for a request for proposal of services in the Downtown Revitalization grant application. Wilkinson authorized the Economic Development Director to develop

5 and distribute a request for proposal (RFP) to engineering and planning firms for the Downtown Revitalization grant. Seconded by Hughes. Roll call votes in favor were Hughes, Wilkinson, Miller. Opposed: None. Absent: Wanek. Motion carried. Ptacek reported the Village of Clearwater had approached him with a request to follow the economic development efforts of Neligh and was interested in sharing personnel in a collaboration between both communities with LB840 adopted. He reported that his office and the Neligh Chamber of Commerce had considered part-time assistance and the three offices together could offer a 30-hour a week shared position. He requested consideration to begin discussions with the Village of Clearwater and the Chamber of Commerce for an agreement on shared personnel. Discussion was held for considering shared cost of the office and personnel time and the director s experience. Hughes moved to authorize the ED Director to enter into discussions with the Village of Clearwater and Neligh Chamber of Commerce for future personnel endeavors. Seconded by Miller. Roll call votes in favor were Hughes, Wilkinson, Miller. Opposed: None. Absent: Wanek. Motion carried. Director Ptacek shared a report on the digital outreach the city website, city Facebook page and the This is MY Neligh Marketing campaign had on electronic traffic. He reported that a farmer and philanthropist Howard Buffet, Warren Buffet s son, was currently teaching a class at the University of Nebraska-Lincoln where one of the Rural Futures interns from the summer, Alyssa Dye, was recognized in the class as being the student who developed the This is My Neligh videos shared on YouTube. Mayor Hartz shared a letter from Miller & Associates planner, Brenda Jensen, for the vision and commitment Economic Director Ptacek and City Clerk Klabenes provided during the Comprehensive Plan and additional planning documents. The Council congratulated them with a round of applause. Wilkinson moved to approve the Economic Development report. Seconded by Hughes. Roll call votes in favor were Miller, Hughes, Wilkinson. Opposed: None. Absent: Wanek. Motion carried. POLICE REPORT Hughes moved to approve the January police report of 319 calls. Seconded by Miller. Roll call votes in favor were Miller, Wilkinson, Hughes. Opposed: None. Absent: Wanek. Motion carried. CITY SUPT. REPORT Supt. Bly requested authorization to begin advertising for seasonal employees. Wilkinson moved to authorize the advertising of summer pool, street and park help. Seconded by Miller. Roll call votes in favor were Hughes, Miller, Wilkinson. Opposed: None. Absent: Wanek. Motion carried. The City Supt. reported the water tank cleaning was needed every five years with 2015 requiring the next cleaning. He reported two quotes were obtained with the quote from Midco of Rapid City, South Dakota providing the lower bid of $2,775. Wilkinson moved to approve the Midco estimate of $2,775 for the 2015 summer cleaning of the water tank. Seconded by Miller. Roll call votes in favor were Miller, Wilkinson, Hughes. Opposed: None. Absent: Wanek. Motion carried. City Engineer Zwingman reported he prepared a project estimate upon the request of the City Supt. when Bomgaars had requested water and sewer services be extended to their retail store. Zwingman reported the 8 water main would begin at the entrance of Kayton International and extend to the highway right-of-way to the Bomgaars entrance. He reported the 8 sewer line would consist of a gravity sewer line from the west side of the bridge to the Bomgaars entrance and he wanted to consider a lift station replacement depending on the creek depth and feasibility to construct. Economic Director Ptacek reported the TIF district could be added to include the property extending west and to pledge taxes for a TIF project. Discussion was held for a Bomgaars representative to attend the March Council meeting to discuss the business expansion and to begin planning for possible annexation. Hughes moved to authorize the city engineer to prepare plans, specs and a cost estimate for extending water and sewer services to Bomgaars. Seconded by Wilkinson. Roll call votes in favor were Hughes, Miller, Wilkinson. Opposed: None. Absent: Wanek. Motion carried. Discussion was held that a legal description for possible annexation would be needed before public hearings could be scheduled. Wilkinson moved to authorize the city engineer to prepare a legal description in preparation for annexation of Bomgaars. Seconded by Miller. Roll call votes in favor were Wilkinson, Miller, Hughes. Opposed: None. Absent: Wanek. Motion carried.

6 Miller moved to approve the Supt. report. Seconded by Wilkinson. Roll call votes in favor were Wilkinson, Hughes, Miller. Opposed: None. Absent: Wanek. Motion carried. ELECTRIC REPORT Generation Supervisor Capler reported new electric service was trenched in at 9 th and N Street and an east to west alley north of 7 th Street changed the cross arm. He reported two employees were attending metering school during the week. He reported electric personnel continued with tree trimming to clear electric lines. He reported NPPD had removed all high-lines and some poles were salvaged for inventory. He reported the emissions test required every 3 years would be held in March with each motor running for 4 hours. He stated that 2 motors may run at the same time depending on the load capacity for the day. Hughes moved to approve the Electric report. Seconded by Wilkinson. Roll call votes in favor were Miller, Wilkinson, Hughes. Opposed: None. Absent: Wanek. Motion carried. APPROVAL OF BILLS Moved by Wilkinson to approve the bills as presented. Seconded by Miller. Roll call votes in favor were Wilkinson, Hughes, Miller. Opposed: None. Absent: Wanek. Motion carried. There being no further business to conduct, Wilkinson moved to adjourn. Seconded by Hughes. Roll call votes in favor were Miller, Wilkinson, Hughes. Opposed: None. Absent: Wanek. Thereupon Mayor Hartz declared the meeting adjourned. Time 9:53 P.M. City of Neligh ATTEST Joe Hartz, Mayor Danielle Klabenes, City Clerk

7 CERTIFICATION I, the undersigned, City Clerk of the City of Neligh, Nebraska, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Mayor and Council on February 10, 2015; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the office of the City Clerk; that such agenda items were sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting; 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 at the meeting for examination and copying by members of the public; that the said minutes from which the foregoing proceedings have been extracted 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 concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting; and that a current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during such meeting in the room in which such meeting was held. (SEAL) City Clerk