Hay Springs City Council Minutes, November 14, 2017

REGULAR MEETING

Call to Order: Council President Jim Varvel called the Regular Meeting of the Hay Springs City Council to order at 7:00 p.m. Council persons Jim Varvel, Keith Kearns, Luke Marcy, and Marcella Hale were present. Mayor Richard McKay was absent. City Attorney James McCave was present. It was noted that the Open Meetings Act is posted.

Minutes Approval: Kearns made motion, Marcy seconded to approve the Minutes from October 10, 2017 Regular Council Meeting. All voted aye. Motion carried.

Agenda Approval: Kearns made motion, Hale seconded to approve the agenda for the November 14, 2017 Regular Council Meeting. All voted aye. Motion carried.

Sherrie Elwood: SDL for Legion Bowl Party February 3rd, 2018: Hale made motion, Kearns seconded to approve SDL for the Legion Bowl Party on February 3rd, 2018. All voted aye. Motion carried.

Sherrie Elwood: SDL for birthday party December 2nd, 2017: Hale made motion, Kearns seconded to approve SDL for the birthday party on December 2nd, 2017. All voted aye. Motion carried.

Library Board: update: Jessica Mintken, Library Board Member, and Julie Rasmussen, Librarian, were present. Jessica informed the Council that the Library has been re-organized, re-shelved and cleaned. Julie has been tracking some data of everyone that has come into the Library. Weekly children’s story time for the Preschool and Pioneer Manor Daycare. Looking into how to make the Library accredited, but it is an extensive process, so the Library Board is weighing the pros and cons. Future goal is to make the children’s area more conducive for children who are coming in. Julie stated they would like to paint the children’s area, perhaps put in new carpet and shelving, and get it back to a little more pleasant and user friendly. Library has received wonderful donations. Julie informed the Council that she was told: You want your Library to be a Museum Library or a Current Library. She stated:  “I didn’t feel comfortable with either of those because I am not going to get rid of some of the classics and something that is still valid and current today, I think should still be there. Besides it’s awesome to open a book and see some of the people who have checked it out over the past. So we have a Contemporary Museum Library.” Julie passed the data sheet she compiled around to the Council Members for them to review. It detailed information on how many books are lent, the internet usage, number of copies, and audio-books. The Library has newspapers and excellent Nebraska history. The Library started a Summer Reading Program. They had an average of 20 kids a session. Now that School has started, they have had the Preschoolers come in and the First Grade has come down for a visit also. It’s been really exciting the number of people walking through the Library door! Varvel approved Julie to purchase a vacuum cleaner for the Library.

Trent Tobiasson: North Post properties: The Council requested the presence of the current property owner at a future Council Meeting to represent his properties. City Attorney James McCave advised the Council that in regards to the Private Well, it cannot be grandfathered in, the Well is in violation. The only way the Well can be operable is by approval of City Council and if he does not address that then the Well’s usage is in violation for potable water. There was discussion.

Public Concerns: Charles and Nicole Toof were present to discuss the incident with a neighboring dog biting Charles. The neighboring party was not present. City Attorney James McCave stated the applicable City Ordinances regarding the incident. There was much discussion concerning dangerous dog definitions, leash laws, being in compliance with pet licensing, and the City’s need for Animal Control. There were comments regarding human error as well as the use of social media complicating the neighboring parties coming to a mutual resolve. City Attorney James McCave strongly advised the Council to discuss hiring an Animal Control Officer. The Council agreed to put that item on next month’s agenda.

Varvel had someone in the community approach him about air conditioning for the Legion Hall. They were wondering if the City would assist financially in purchasing an air conditioning unit. Kearns inquired about an estimate of overall cost. The Council agreed to put this item on next month’s agenda.

Gene Peters and Bryan Young were present to request the Council holds a Special Meeting to approve an SDL for their Legion Riders Christmas Party on December 16th, 2017.  The Council agreed to hold a Special Meeting on Monday, November 20th, 2017 at 8:00 a.m.

Reports of Officers, Boards and Committees:

Street/Water/Clerk: Lists were submitted by employees, there were no questions from the Council; Krystyn Turman – Pioneer Manor: no report; Jim Varvel – Finance: everything looks fine ; Keith Kearns – SWANN: No meeting last month, next meeting will be Thursday; Jim Varvel – Lister-Sage: Fullers will be coming in to repair North door and concrete, Marcy inquired about a Grant and Varvel informed the Council they are working on a Grant for landscaping on the West side; Richard McKay – Mayor: no report

OLD BUSINESS

PADD Update: no report

Water Loss Report: 30%

Job Descriptions review and approval/Developing Salary Schedule: Kearns took the information that Varvel had previously provided and put together a chart to take the positions here for the City of Hay Springs: Clerk/Treasurer – Streets Department – Water/Sewer Operator – Assistant. Listing the hourly wage and how many years each employee in population size respective municipalities has served. The City of Hay Springs sits on the low end of employee wages. Kearns suggested the Council identify a dollar amount that the City is able to work with without, Budget wise, making a huge direct jump. Kearns put together a chart with current salaries and then a row signifying 2.5% - 3% - 3.5% - 4% annual increases and over a ten year period where that would leave the City employees’ wages. Varvel agreed that the chart makes sense. Kearns noted that the Water Operator wage is more out of line than the other departments. 

Kearns made motion to approve implementing a ten year schedule for putting the City employee salaries in line. Marcy seconded. All voted aye. Motion carried.

Approval of the Vender License Application and fees for residents vs. non-residents: City Attorney James McCave clarified some questions the Council brought up at last month’s regular meeting. There was discussion. 

Ordinance #17-02: Vender License: Kearns made motion to approve Ordinance #17-02 and read said Ordinance in its entirety:

CITY OF HAY SPRINGS

ORDINANCE #17-02

AN ORDINANCE OF THE CITY OF HAY SPRINGS, NEBRASKA, CREATING A POLICY AND PROCEDURE TO DEAL WITH VENDERS WHO WISH TO CONDUCT BUSINESS TEMPORARILY ON THE PUBLIC PROPERTY OF THE CITY OF HAY SPRINGS.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HAY SPRINGS, NEBRASKA AS FOLLOWS:

Section 1: It is hereby determined that it is in the best interests of the City of Hay Springs to create a policy and procedure to handle the licensing and regulation of temporary venders intending to conduct business on the public property of the City of Hay Springs. 

Section 2: The City Clerk will oversee the approval process for any and all venders intending to conduct business on public property in the City of Hay Springs. 

Section 3: All venders must apply for a Vender’s License prior to conducting business within the city limits of Hay Springs. The license application will be available at City Hall. Anyone applying for a Vender’s license must complete the form accurately and entirely. Each potential vender will be subject to a licensing fee upon approval of the application. Once a vender license has been granted it is only valid until the date of expiration to be no more than 10 days after the vender begins selling. A license may not be renewed and a new application must be submitted for each occasion a potential vender intends to conduct business.

Section 4: The City Council by resolution will determine the fees for both resident and non-resident venders by resolution. Those fees may be changed as the council deems necessary. The license fees established by the City Council are not negotiable and not refundable.

Section 5: This Ordinance shall be effective at its passage, approval and publication according to law.

PASSED, APPROVED AND ORDERED PUBLISHED THIS 14th DAY OF November, 2017.  

Marcy seconded the motion. All voted aye. Motion carried.

CITY OF HAY SPRINGS, NEBRASKA

RESOLUTION NO. 2017-9

Council Member Kearns introduced the following Resolution and moved for its adoption.

RESOLUTION NO. 2017-9

Be it resolved by the Mayor and City Council of the City of Hay Springs:

A RESOLUTION OF THE CITY OF HAY SPRINGS SETTING THE FEES FOR ACQUIRING AND MAINTAINING A TEMPORARY VENDER’S LICENSE.

WHEREAS the City of Hay Springs, Nebraska desires to establish a fee procedure for acquiring and maintaining a Temporary Vender’s License for the sale of goods and services on the Public Property owned by the City of Hay Springs, Sheridan County, Nebraska; and

WHEREAS the Members of the City Council of the City of Hay Springs finds that there needs to be an established licensing fee, to assist the people of Hay Springs, Nebraska and visitors to the City of Hay Springs, Nebraska in compliance with the ordinance regarding Business Regulations; and

WHEREAS the City of Hay Springs, Nebraska, hereby desires to establish a set fee and procedures for obtaining and maintaining a Vender’s License, as the current ordinance granting permission for said license is silent; and

WHEREAS the Members of the City Council of the City of Hay Springs have the responsibility to set the fees for the Vender’s License by Ordinance;

NOW THEREFORE BE IT RESOLVED that the City Council hereby directs that a Vender’s License application fee of $10 be charged when any resident of Hay Springs, Nebraska applies for a Vender’s License;

BE IT FURTHER RESOLVED that the City Council hereby directs that a renewal fee of $10 be charged when any nonresident of Hay Springs, Nebraska applies for a Vender’s License;

BE IT FURTHER RESOLVED that a majority of the voting Members of the City Council find, by passage of this Resolution, that the fees established are a fair and necessary cost to effectuate the regulation of private entrepreneurship on public property within the bounds of the City of Hay Springs.

The foregoing Resolution having been read, Council Member Hale seconded the Motion for passage and adoption, and after consideration thereof, the roll was called on the passage and adoption of said Resolution and the following Council Members voted aye: Varvel, Marcy, Hale and Kearns.

The passage of the Resolution having been consented to by more than the majority of the Members elected to the Council was declared passed and adopted this 14th day of November, 2017.

Kearns moved to waive the three readings from the Resolution. Marcy seconded. All voted aye. Motion carried.

Pivot: no report

NEW BUSINESSES

Approval of Claims: Varvel made motion, Kearns seconded to approve Claims. All voted aye. Motion carried.

Armstrong Extinguisher Services $414; Assurant Employee Benefits $284.20; Baker & Associates, Inc. $1,100; Black Hills Energy $442.64; Blue Cross Blue Shield $2,401.63; Core & Main $1,652.77;  Data Technologies, Inc. $2,489.40;  DEMCO $88.40; Douglas, Kelly, Ostdiek, Ossian, Vogl and Snyder, P.C. $402.50; EMC Insurance Companies $3,725.42; Farmer’s Coop $39.84; Great Plains Communications $425.36; Grimms Pump and Industrial $139.06; Hay Springs Lumber $662.41; Hip Hop $260; IDEAL Linen Supply $43.52; MCI $61.43; NE Public Health Environment $15; Nebraska Public Power District $3,339.91; Nebraska Total Office $906.60; Norms Napa $115.08; Northwest Rural Public Power District $199.80; One Call Concepts, Inc. $5.28; Panhandle Drilling, Inc. $200.48; Pests Go, LLC $100; Petty Cash $54.39; Pine Ridge Land Surveys, Inc. $1,500; Pioneer Research Corporation $409.72; Postmaster $225; Sackers $155.84; Sandhills News, Inc. $178.69; Security First Bank $1,570.37; Security First Insurance $1,355; SWANN $7,318.21; Utility Service CO., Inc. $751.28; Vern Platt $305.47; Ward Laboratories, Inc. $72; Westco $615.83; American Funds Service Company $608.75; EFTPS $2,182.55; Postmaster $153.04; Nebraska Department of Revenue $961.02

Approval of October Treasurer’s Report: Varvel made motion, Hale seconded to approve October Treasurer’s Report. All voted aye. Motion carried.

Gardner, Loutzenhiser & Ryan, P.C. – Audit form: Audit scheduled for December 5th-7th, 2017. Varvel made motion to engage Gardner, Loutzenhiser & Ryan, P.C. to conduct the City of Hay Springs Audit. Hale seconded. All voted aye. Motion carried.

Street Superintendent approval – Anthony “Toney” Krajewski with Baker & Associates: Hale made motion to approve Anthony “Toney” Krajewski with Baker & Associates for the upcoming 2017/2018 fiscal year Street Superintendent. Kearns seconded. All voted aye. Motion carried.

Executive Session: Kearns made motion to go into Executive Session at 7:51 p.m. for legal matters. Marcy seconded. All voted aye. Motion carried.

Kearns made motion to exit Executive Session at 7:59 p.m. Hale seconded. All voted aye. Motion carried.

There being no further business, Kearns made motion, Marcy seconded to adjourn at 8:00 p.m. All voted aye. Motion carried.

Jim Varvel

Council President

Kayley R. Taylor

City Clerk/Treasurer

Published: November 29, 2017