Hay Spring City Council Minutes June 14, 2016



Call to Order: Mayor Richard McKay called the Regular Meeting of the Hay Springs City Council to order at 7:00 pm. Council persons Jim Varvel, Luke Marcy, and Marcella Hale were present. Keith Kearns was absent. City Attorney Jamian Simmons was present.

Minutes approval: Varvel made motion, Hale seconded to approve the minutes from the May 10, 2016 Regular Meeting . All voted aye. Motion carried.

Agenda Approval: Varvel made motion to move Silver Dollar Bar – SDL Friendly Festival above Pool Improvement Committee Update on the agenda. Marcy seconded. All voted aye. Motion carried.

Varvel made motion to approve Silver Dollar Bar – SDL Friendly Festival for a beer garden. Marcy seconded. All voted aye. Motion carried.


Pool Improvement Committee Update: Varvel reported that the SOS Committee has roughly $20,000 to be applied toward offsetting current expenses. It was suggested that a baby table/diaper changing station be installed in the women’s bathroom. A pad to be put in the shower was inquired about. It was suggested to get something for the kids to walk on because the cement floors are slick when wet. It was reported that there was an issue with the baby pool. When baby pool is being shut off and not cycling it is losing less water than when it is left on and cycles which allows baby pool water to drain into gutter system. The suggestion of using an inspection camera to identify possible faults in the plumbing was made.

Ordinance Manual Approval – Joe McNally: Joe McNally took the City of Hay Springs’ old Municipal Ordinances Manual and recodified it. Some local ordinances were changed. It was explained that after the passage of the Revised Municipal Ordinances one year of free updating and changes are granted as well as a legislative newsletter sent out every year. The book will be kept updated, including a digital format.

Ordinance – Approving New Municipal Code Ordinance No. 16-301: Introduction of the Ordinance No. 16-301 AN ORDINANCE OF THE CITY OF HAY SPRINGS, NEBRASKA, RECODIFYING THE GENERAL ORDINANCES OF THE CITY; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Hale moved to wave the three readings of the ordinance. Marcy seconded. All voted aye. Motion carried.

The ordinances of the City of Hay Springs, Nebraska, are hereby compiled and classified into ten chapters and the sections thereunder, which are adopted and declared to be the ordinances of this city. SECTION 0-001: RECODIFICATION; SECTION 0-002: REPEAL PRIOR ORDINANCES IN CONFLICT; SECTION 0-003: EXCEPTIONS; SECTION 0-004: CONSTRUCTION OF CHAPTERS; SECTION 0-005: DEFINING CHAPTERS AND SECTIONS; ORDINANCE NUMBERING; SECTION 0-006: GENERAL DEFINITIONS; SECTION 0-007: VALIDITY; SECTION 0-008: NONSUBSTANTIVE CHANGES; SECTION 0-009: EMPOWERMENT OF OTHER LAW ENFORCEMENT PERSONNEL; SECTION 0-010: DOLLAR AMOUNTS NOT REQUIRED TO BE INCORPORATED; SECTION 0-011: FINES, COSTS, COMMITMENTS; SECTION 0-012: BLANKET PENALTY; SECTION 0-013: PUBLICATION AND DISTRIBUTION; SECTION 0-014: WHEN OPERATIVE. Hale motioned to approve the ordinance changes. Marcy seconded. All voted aye. Motion carried.

Ordinance Resolution: Resolution No. 16-004 A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HAY SPRINGS, NEBRASKA, DIRECTING THE CITY CLERK TO CAUSE ORDINANCE NO. 16-301 TO BE PRINTED AND PUBLISHED IN BOOK FORM BY MUNICIPAL CODE SERVICES OF NELIGH, NEBRASKA. Ordinance No. 16-301, which was passed and adopted this 14th day of June, 2016, is to be printed and published within 30 days after this date. Varvel motioned to approve Resolution No. 16-004. Hale seconded. All voted aye. Motion carried.

Ordinance – Vacating Sidewalk Lot 8 Block 1 Hay Springs: It was brought to the attention of the council persons that senior citizens live north of the sidewalk in question and would prefer it to be in tact from Pioneer Court. Also, children are more frequently using the street to walk instead of the sidewalk so it has become a safety issue. It was mentioned that the current city employees do not know of any other sidewalks being vacated without permission in recent years. It was asked by the Mayor what the intentions of the prospective property owner were regarding the sidewalk. The council was informed that the sidewalk is overgrown and is not currently usable for senior citizens or children in its present condition. Jamian Simmons did say that she has spoken with the owners from Texas in the past but any communication attempts recently have been non responsive on their part. There is a discrepancy with the actual address of the property.

The resident of 226 North Miller Hay Springs says she has lived there for three years and she has seen repeatedly that school kids use the sidewalk in front of Pioneer Court apartments but the “Sturgeon House” sidewalk is not usable now because it is overgrown and so the kids use the street instead. She says the kids are on the street too often and asked the council to consider having the sidewalk replaced. The ordinance states that it is the owner’s responsibility to maintain their sidewalks. It was noted that sidewalks in other parts of the town have been vacated and the ordinance has not been enforced in those cases. Another citizen added that her sidewalk needs repaired also but a resident in her section of the city does not currently have a sidewalk and has not been instructed to replace the sidewalk taken out. The question of fair ordinance enforcement was brought forth from these citizens. Jamian Simmons stated that the remedy would be to tax sidewalks after replacement/non-replacement (??) Mayor countered by saying that we need to stand by what our ordinances say or the property owners need to follow proper procedures in vacating sidewalks. If the city removes a sidewalk then it is the city’s responsibility to replace said sidewalk. Varvel made the suggestion to have city employees go down city blocks to see which ones are missing sidewalks. It was agreed that approach was acceptable as long as it was kept fair in the enforcement of the ordinance. It was mentioned that the charge of cleaning up can go on taxes. This issue was tabled. No action taken.

After Hours Pool Usage: Birthday Parties, etc.: Rates and Rules and Lifeguard Pay: Addressing the issue of after pool hours, the Mayor suggested $50 since it requires two lifeguards to be on duty. Another suggestion was made to charge $30 an hour up to 15 kids and every 5 kids after that up to an additional 15 kids $10 be added. Marcy made a motion to charge $30 an hour up to 15 kids and $10 for every additional 5 kids after that. Varvel seconded. All voted aye. Motion carried.

Burial Sites: Change Bubs Heiting and Child: Jamian Simmons had some legal advice for the council. Varvel motioned to go into executive session at 7:40pm. Hale seconded. All voted aye. Motion carried.

Varvel moved to come out of executive session at 7:53pm. Marcy seconded. All voted aye. Motion carried.

Hale made a motion to change burial sites of Bubs Heiting and unknown child as soon as possible. Marcy seconded. All voted aye. Motion carried. Heiting family thanked the council. Mayor requested time to arrange for a replacement grave for the unknown child. City employees not comfortable with desecrating the grave of the unknown child and they were informed that Gary Drabbles will take care of the removal and reburial of the unknown child.

Handicapped Vehicle Donated to the Housing Authority - Jeanie: On August 28, 2014, the Hay Springs Housing Authority (HSHA) received a phone call from the nephew of a previous tenant to report the death of his uncle. The family was estranged and did not want his uncle’s personal property, which included one van retro-fitted for wheelchair access. Specific procedures must be followed in the disposition of abandoned personal property according to Nebraska Landlord-Tenant Laws. The tenant’s family stated they wished to donate the van to the Housing Authority. About a year later the HSHA received official authorization for Release of Personal Property to the Housing Authority as a donation. The van title is still in the name of the deceased tenant. A certified copy of the death certificate is required in order to transfer ownership of vehicle title. The family did not want anything to do with the process. It was then reported as an abandoned vehicle to the local law enforcement agency according to State of Nebraska Abandoned Vehicle laws. The Housing Authority contacted the Sheriff’s Department and received a copy of the procedures for handling abandoned vehicles and the costs associated with the process. Since it was donated, it needed to be determined who is responsible for transfer of ownership title. HSHA contacted Chamberlain-Drabbels Mortuary, who was responsible for burial preparation, for more information about the death certificate and cost. The Department of Health and Human Services confirmed the deceased had no liquid assets so the county paid for burial preparation costs and may want to be reimbursed when van is sold. The HSHA’s Executive Director went to a County Commissioner’s meeting to inform them of the circumstances with the “donated” vehicle and to find out if the county wanted to handle the abandoned vehicle process and associated expenditures. The HSHA has since learned that the City of Hay Springs may have to assume the process and the costs since the vehicle is within the City’s jurisdiction. 

It falls to the municipality to claim the abandoned vehicle or waive the right. Then the county can claim it or make the municipality take it. If the City claims the abandoned vehicle, a for sale advertisement would need to be posted and the proper statutory process gone through. If the van is sold, the City can hold the money for two years before putting it into General Funds. Varvel motioned to proceed with claiming the abandoned vehicle and advertising to sell it. Marcy seconded. All voted aye. Motion carried.

SWANN – New Rate Schedule: Varvel made a motion to accept the new SWANN rates for fiscal year of 2016/2017 starting July 1st 2016. Hale seconded. All voted aye. Motion carried.

RV Park – Lease Agreement with Berlinda Aelbrecht: Electricity and water fees are included in RV fees. Marcy motioned to approve lease agreement between City of Hay Springs and Berlinda Aelbrecht. Hale seconded. All voted aye. Motion carried.

Public Concerns: No concerns were voiced.


Street Department – George Christensen: Helped with pool for grand opening; swept streets; four funerals; patched streets with millings; helped with water line.

Water Department/Pool/Parks – Aaron Taylor: No water loss report; took routine samples; water line replacement and mentioned two more need to be fixed; called Sorengsen about pivot issue; mowed lagoons; four funerals.

Clerk/Treasurer – Kayley Taylor: New clerk learning system; visited with DataTech and Mayor as needed for training.

The council requested that the City Clerk visit with Liquor Commission regarding annual fees and annual renewals. Need to clarify if we notify the businesses and what statutes may be for a liquor license.

Nursing Home – Jim Varvel/Richard McKay/Krystyn Turman: Krystyn Turman reported that census is high and they are better staffed. A wellness program challenge was successful and a walking machine was rewarded. Krystyn visited with the council about daycare rates and the council agreed that where the city and the nursing home are the same entity, the daycare will not be asked to pay for Pioneer Manor daycare kids to swim at the pool. Verbal agreement.

Lister-Sage Report – Jim Varvel: Floor done today June 14, 2016; upper portions and sides will eventually be fixed. October Fest is scheduled for October 1st.

Mayor Report – Richard McKay: Helped with City Clerk position. Four applicants were offered the position but turned it down. Kayley was available to fill the position. No meter reading because of technicalities. Walked through pool and clinic on several occasions to check progress. Talked with Dave Coe about lagoon repairs. Talked with Jesse Hurlbert with Olsson and Associates. Helped Aaron and George here and there.

It was noted that the last water line Aaron and George did received a compliment from a resident on their wonderful job.


PADD Update: Daniel, one meeting, July documents out for review August 9th ,they will be here so we can move along.

Water Loss Report: No report.

Follow-up On Lagoon: Dave Coe presented a letter for review to Mayor. Continue rip-rap formality before installing. Cell 1 & 2 corner slothed and removed. Suggested not to worry about the liner but focus on repairing the bank because it’s taking away the drive-thru. Get plan of attack to DEQ. Pump lagoon down for continuation of repairs. Buettner has plenty of rip-rap. The city hauled the rip-rap last time repairs were made. It was reported that the lowest lagoon stage if October 1st. Testing April-October. Relay to owner  that we are going to fix the lagoon. This process will take a couple months. Discuss with Eddie Buettner.

Hospital/Clinic Remodel: Reported that the clinic is sheet rocked; textured; painted; vinyl floors installed; there is a hold up on the cabinets. Extension to July 15th.

Pivot Contract Approval: Contract is still under discussion.


Approval of Claims: Funds to come back from SOS to compensate Fuller Construction expenses. Varvel made motion, Marcy seconded to approve claims as submitted. All voted aye. Motion carried.

American Funds $357.16; Arnold Pool Co. $770.44; Assurant $228.42; Barbara McCartney $860; Bauerkemper’s Inc. $25.92; Blue Cross $1804.74; Bluff’s Sanitary $1,565.83; Deluxe for Business $324.80; EFTPS $2,590.07; EMC $3,039.72; Farmer’s Coop $12.60; Fuller Construction, Inc. $6,464; Great Plains Communications $277.52; Hay Springs Lumber $2,228.61; Hip Hop $284.75; Ideal Linen Supply $37.93; J&L Grocery $54.73; KCSR-AM/KBPY-FM $100; Lawson Products $2,095.12; MCI $60.90; Municipal Code Services $2,375; NE Department of Revenue $806.89; NE Public Health Environment $273; NDEQ – Fiscal Services $19,708.26; Nebraska Public Power District $4,671.78; Nebraska Total Office $113.15; Nichole Sherburne $455.83; Norm’s Napa $70.41; Northwest Community Action $107; Northwest Rural Public Power $284.52; Olsson Associates $100; One Call Concepts, Inc. $7.56; Panhandle Drilling, Inc. $132.28; Petty Cash $400; Postmaster $96.56; Sackers $50.13; Sandhills News, Inc. $540.62; Security First Bank $1,572.79; Security First Insurance $110; Smith, King And Simmons, P.C. $748.90; SourceGas $1,236.63; SWANN $6,445.18; ULINE $2,325; Utility Service Co., Inc. $751.28; Ward Laboratories, Inc. $125; Westco $232.33; Young’s Repair $156.91.

Approval of June’s Treasurer’s Report: Varvel moved to approve Treasurer’s Report under the condition that the negative Keno balance was looked into. Marcy seconded. All voted aye. Motion carried.

Game & Parks Well “first and old rail cite”: Intentions were to fill well with cement and abandon it. Buettner put a cable down the well and found it was not condemnable. The cable came out clean which indicates a good well. Recommended we do something to keep the well. Game & Parks did not want it. Buettner  put extension and cap on it. Mayor suggested putting token machine there with a cap that locks. It was inquired about if we need to get something in writing with Game & Parks to use tokens or plumb it out to the curb. Token machine requires 2” pipe to do plumbing. It was suggested the well is tested for high nitrates, etc. to establish safe usability.  Discuss with NRD if it was an irrigation well. Asked Aaron to look into getting the registration of the railroad well and the validity.

Cemetery Records Keeping: DataTech offers cemetery records input; billing directly out of City Hall; no mapping feature; produce deeds with correct information. A person at the bank is willing to volunteer time to work with Gary Drabbels on cemetery plot books. Expenses for the system will come out of General Funds software fees. Surveyor, Scott Vosse, flew over the cemetery. Asked the city to come up with layout regarding where we want to go with this. One corner of cemetery is cut off because it contains butte rock, slopes and is unusable. Alfalfa is currently on the land. The addition of slopes and approaches was discussed. Aaron was asked to look into more pipe for watering of the new cemetery.

Hale moved to go ahead with DataTech software for cemetery in estimated amount of $1,665 for cemetery implementation. Marcy seconded. All voted aye. Motion carried.

Resolution Designating Cemetery Plat: Mayor read: CITY OF HAY SPRINGS, NEBRASKA RESOLUTION NO. 16-005 A RESOLUTION DESIGNATING THE PLAT OF THE HAY SPRINGS CEMETERY; DIRECTING SAID PLAT BE RECORDED IN THE OFFICE OF THE SHERIDAN COUNTY REGISTER OF DEEDS; AND AN EFFECTIVE DATE. Resolution No. 16-005 ordinance 16-01. Varvel motions to approve Resolution No. 16-005. Marcy seconded. All voted aye. Motion carried.

Bank Signature Approval – Kayley Taylor: Hale moved to approve the bank signature for Kayley Taylor. Marcy seconded. All voted aye. Motion carried.

Ralph Harshman – Hay Springs Ambulance: Looking at grants 501C3. Planning to use City Tax ID#. Ordinance says we need to budget for that (but we don’t). Pioneer Manor has their own TAX ID#. Varvel will discuss it with Randy and Ryan Turman. Will be put on July 2016 agenda.

Items for next meeting were discussed.


There being no further business, Varvel made motion, Hale seconded to adjourn at 9:25pm. All voted aye. Motion carried.

Richard E. McKay


Kayley R. Taylor


Published: June 22, 2016