July 7, 2020
The Regular Meeting of Mayor and Council was held on July 7, 2020, in the Blue Springs City Hall, Blue Springs, NE.
PRESENT: Mayor Meyer, Council members Mewes, Neumann, Reedy
ABSENT;
OTHER ATTENDEES: Attorney Andy Carothers, Mike Pike, Connie Mewes, Lucky Bridge Lounge Owners (Becca Lillibridge, David Grabowski), Mr./Mrs. Seeman, Shelby Temps, Tim Sedlacek, Carol Hughes, Julie Scheideler, Janice Cohorst, Milford Woutzke Sr., Rex Adams
Notice of the meeting/hearing was given in advance by posting in at least three public places as shown by the certificate of posting placed on file. Notice of the hearing/meeting was simultaneously given to the Mayor and all members of the City Council and a copy of their acknowledgment of receipt and agenda are placed on file. Availability of the agenda was communicated in the advance notice and in the advance notice to the Mayor and City Council of the hearing/meeting. Proceedings hereafter shown were taken while the convened hearing/meeting was open to public attendance.
At 7:00 PM, Mayor Meyer called the Regular meeting to order and roll call was taken.
Motion (Neumann), second (Mewes) and vote (3-0 affirmative) to approve as sent minutes for the June 16, 2020 Regular meeting.
After review -- motion (Neumann), second (Reedy), and vote (3-0 affirmative) to approve claims per: Bank Direct - Internal Revenue Service (941) - $2,150.54; Payroll - $5,076.30; Abbott Portable Toilets - $125.00; Barco Municipal Products - $222.18; Constellation Energy - $5.05; Gage County Clerk (Election Statement) - $1,789.19; Land Survey Tech (Keno Alley) - $325.00; Lauby Plumbing/Heating/Air - $169.31; NE Dept. of Revenue (941N) - $222.00; NE Public Health Environmental Labs - $15.00; NE U.C. Fund - $49.51; Norris Public Power - $1,093.29; One-Call Concepts - $10.00; Pavers, Inc. (Walnut St/ Bridge Approaches) - $201,044.15; Milton Pike (Tel. Comp.) - $25.00; Milton Pike (Post. Reimb./ Water Sample) - $26.75; Katherine Roche (Supplies Reimb.) - $79.00; Security First Bank - (Pike/IRA) - $55.00; SENDD (Membership/Housing) - $380.00; Wex Bank (Shell) - $111.60; Willet & Carothers - $580.00; Milford Woutzke - (Tel. Comp.) - $5.00; Wymore, City of (Tower/Individual) - $4,126.26; Wymore Oil Company - $105.00; TOTAL CLAIMS: $217,790.13
RESIGNATION OF CARMICHAEL/ APPOINTMENT TO FILL REMAINING WARD 2 COUNCIL TERM: The resignation of Hugh Carmichael from the Council was acknowledged, and the position was posted within required timeline prior to the meeting, with no candidates applying. Mayor Meyer brought forward the name of Tim Sedlacek who was in attendance, Neumann made a motion to accept nominee Tim Sedlacek, Reedy seconded it, and the appointment was made by a 3-0 affirmative vote, after which Attorney Carothers administered the Oath of Office.
DEMOLITION PROJECT (ANY NEW INFORMATION: Permitted access to two properties is being pursued. If permission not given, inspections will be scheduled through the next level of legal address. Carothers indicated that “by Fall,” things should be in place for demolition of designated properties. Rex Adams identified other properties that need to be addressed, either by pursuing the services of an Ordinance Enforcement Officer (Carothers to contact Gustafson to identify candidates from the officer pool), or by contact by the City. Courtesy letters were determined for several people (list to be provided by email from Carothers to City Clerk), Adams indicated a possibility of financial assistance on clean-up issues (from the organization One Property at a Time). Adams also addressed the need for the addition/replacement of street signs. Determination was made that a resident has moved back into a dwelling not served by public utilities, and discussion followed that included a plan for the City to pay off the taxes and resume the acquisition process previously enacted. (Clerk to mail check to Carothers) when calculations are verified.
MANDATORY GARBAGE STIPULATIONS /ORDINANCE # 462: Discussion: Shelby Temps indicated the contract end date of Sept 2021, whereupon pricing would be under review in a new contract, and he asked about the pricing noted in the proposed Ordinance #462. Carothers indicated that it is something that could be amended later. Becca Lillibridge asked for consideration for “delay” in the enactment of City-billed trash removal (due in financial and other aspects that have resulted from the Covid situation), but no extension was determined. Meyer indicated that she could “fight the ordinance after its passage.” Neumann made a motion to suspend the rule of three readings for Ordinance # 462, Reedy seconded it, and the motion was approved by a 4-0 vote. Neumann made a motion to approve Ordinance # 462, Sedlacek seconded it, and Carothers read the ordinance, per: AN ORDINANCE PERTAINING TO SOLID WASTE COLLECTION AND DISPOSAL; TO DEFINE TERMS; TO PROVIDE FOR MANDATORY SOLID WASTE COLLECTION SERVICE WITHIN THE CORPORATE LIMITS; TO PROVIDE FOR A RATE STRUCTURE FOR SOLID WASTE COLLECTION SERVICES; TO PROVIDE FOR BILLING OF RESIDENTIAL CUSTOMERS BY THE MUNICIPALITY AND THE ORDER OF SERVICES WITH RESPECT TO AMOUNTS PAID; TO PROVIDE FOR AN OFFENSE; TO PROVIDE FOR THE REPEAL CONFLICITNG ORDINANCES AND SECTIONS, T0 PROVIDE FOR AN EFFECTIVE DATE. (remaining ordinance follows) - BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRING, NEBRASKA; Section 1. That Chapter 3, Article 6, Section 3-603 of the Municipal Code of Blue Springs, Nebraska, be added to read as follows: 3-603 UTILITIES GENERALLY; WATER, SEWERAND SOLID WASTE COLLECTION BILLS; APPLICATION OF PAYMENTS TO CHARGES. The Municipal Treasurer shall apply payments for charges for water, sewer and solid waste collection services in the following order: First, to outstanding charges for solid waste collection services; second, to outstanding charges for sewer services; and third, to outstanding charges for water consumed (Ref. 17-505 RS Neb.) Section 2. That Chapter 4, Article 2, Section 4-201 of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows: 4-201 SOLID WASTE COLLECTION; DEFINITIONS. For purposes of this Article, unless the context otherwise requires: (1) Garbage shall mean rejected food wastes, including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attend the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetables, and dead animals rejected by rendering plants; (2) Refuse shall mean putrescible and nonputrescible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, and street cleanings; (3) Rubbish shall mean nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, wood, glass, bedding, crockery or litter of any kind that will be a detriment to the public health and safety; and (4) Solid waste shall mean any garbage, refuse or rubbish (Ref. 81-1502 RS Neb.: Section 3. That Chapter 4, Article 2, Section 4-202 of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows: 4-202 SOLID WASTE COLLECTION; MANDATORY SERVICE. Every occupied residential dwelling, commercial establishment, or industrial concern within the corporate limits of Municipality receiving water service, electric and/or natural gas utility services shall be required to subscribe to solid waste collection service from the vendor approved by the governing body notwithstanding the volume of solid waste produced by the occupant or occupants (Ref. 17-505 RS Neb.) Section 4 That Chapter 4, Article 2, Section 4-203 of the Municipal Code of Blue Springs, Nebraska be amended to read as follows: 4-203 SOLID WASTE COLLECTION; SERVICE RATES. The following rates shall be charged to the owner, tenant or occupant of every residential dwelling, commercial establishment, or industrial concerns: Residential: 96 gallon container - $20.00 per month plus sales tax, 65 gallon container .. $18.00 per month plus sales tax, Own container (up to 35 gallons w/lid and handles)… $14.00 per month plus sales tax, Second container… $11.00 per month plus sales tax. Commercial & Industrial: Rates shall be established by waste hauler based on volume of waste, and billed separately by the waste hauler. The City shall bill residential customers of solid waste collection service along with water and sewer bills. (Ref. 17-505 RS Neb.) Section 5. That Chapter 4, Article 2, Section 4-204 of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows: 4-204 SOLID WASTE COLLECTION; OFFIENSES. (1) It shall be unlawful to dispose of solid waste except as provided for in this Article. (2) It shall be unlawful to throw or sweep into the streets, alleys, parks, or other public grounds any dirt, paper, nails, pieces of glass, garbage, refuse or rubbish. (3) It shall be unlawful for any person to permit or allow any garbage, refuse, rubbish to collect on their property so as to constitute a nuisance (Ref 17-505 RS Neb.) Section 6 That any other ordinance or section passed and approved prior to passage, approval and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed. Section 7. This ordinance shall take effect September 1, 2020. ……..and it was approved by a 4-0 vote this 7th day of July, 2020. A flyer identifying aspects of the program will be mailed to all households with an upcoming utility billing.
CAMPING STIPULATIONS/ORDINANCE # 463: Neumann made a motion to suspend the rule of three readings for Ordinance # 463, Mewes seconded it, and it was approved in a 4-0 affirmative vote. Reedy made a motion to approve Ordinance # 463, and Neumann seconded it. Carothers read Ordinance # 463, per: AN ORDINANCE PERTAINING TO CAMPING IN MUNICIPAL PARKS; TO PROVIDE FOR TENT CAMPING; TO PROVIDE A MAXIMUM DURATION FOR CAMPING IN MUNICIPAL PARKS; TO ESTABLISH RULES FOR CAMPING IN MUNICIPAL PARKS; TO PROVIDE FOR AN OFFENSE; TO PROVIDE FOR THE REPEAL CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE, (remainder of ordinance provided here) - BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRAKA: Section 1. That Chapter 8, Article 1, Section 8-107 of the Municipal Code of Blue Springs, Nebraska, be added to read as follows: 8-107 MUNICIPAL PROPERTY; CAMPING IN MUNICIPAL PARKS; DURATION, RULES, OFFENSE. (1) All types of camping (tent, pop up camper, truck bed camper, pull-type camper, 5th wheel camper and RV) shall be allowed at Feit Memorial Park. It shall be unlawful for any person to camp in the City Park, with a pop-up camper, truck bed camper, pull-type camper, 5th wheel camper, or an RV camper. Only tent camping shall be allowed in the City Park. (2) No person shall camp in a Municipal owned park for more than seven (7) days at any one time, and shall register filling out a registration sheet and placing it in the registration drop box at each park upon arrival at the park. (3) All persons tent camping in a Municipal owned park shall keep their camping area free of all waste, and shall properly dispose of said waste in approved waste receptacles. (4) Any person violating any provision of this section shall be guilty of a Municipal offense (Ref. 17-505 RS Neb.) Section 2 That any other ordinance or section passed and approved prior to passage, approval and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law…. and Ordinance #463 was passed by a 4-0 affirmative vote this 7th day of July, 2020. .
CABIN PRESERVATION (FINAL BILLS/OTHER CONSIDERATIONS): Remaining activities - chinking, with plans to obtain two more containers of chinking material.
UNSAFE STRUCTURE DEBRIS ON BROAD STREET/DEVELOPMENTS: People still obtaining limestone blocks, etc., from the site. Since no longer considered “unsafe,” the topic, by suggestion of Employee Pike, and no objections, will be removed from the agenda.
ANNUAL CITY CELEBRATION (CAR SHOW/TRACTOR SHOW): Reedy asked if the City would provide some financial support (as advertising costs) for the event being facilitated by the Fire Department instead of the City this year. Sedlacek stated that “if you have money in it, you’re in it.” Adams asked it money had been “budgeted” for the event in the annual budget. Allowance is made in the budget for such City-facilitated events, but no allocations have yet been decided. In regard to liability issues, Carothers indicated that risk management could include putting up signs about health measures/distancing, and waivers signed by participants. Neumann was not certain of tractor show limitations or plans at this time. Further review will follow at the next Regular meeting. Mayor Meyer advised against “bounce-house, rides for children,” and that focus be on the “car/tractor show only.” No opposition was voiced.
PLANNING AND ZONING: No new applications.
LUCKY BRIDGE LOUNGE - ALLEY OPENING: The alley was identified to be 16.5’ wide from Walnut Street to the Keno Lounge. Problems were identified, as might be caused by the location of power poles at the site, and the width of the traffic way which would make it difficult for access by semi truck/trailers for deliveries to the Keno Lounge, the lack of base material, the previous removal of a culvert, and lack of or removal of identifying width markers presently on site. Sedlacek suggested application of the “3-4-5 rule to locate pins.” Lillibridge asked if “millings” would be available? Also if the culvert could be replaced.Mayor Meyer and Employee Pike indicated that the City does not maintain alleys. Carol Hughes said she would trim trees that were in the way, and had no objection to gravel being put down, but that it has not been used by thru traffic for 40 years. It was suggested (Reedy) that rock might be put down, that poles might be moved, and he said he would be glad to go to the site and help with measurements. Lillibridge was receptive to assistance since she wants the situation “accurately defined.”
ARMOR COATING (REEDY): Analysis will be made as to the designation of streets, and bid-letting procedure will follow.
KENO FUNDS TRANSFER TO GENERAL, THEN TO STREET (WALNUT STREET, ETC.): Motion, (Reedy) second (Mewes), vote ( 4-0 affirmative) to transfer $201,044.15 from the Keno Fund within Regular Checking to the General Fund in General Checking, AND to transfer the same amount from the General Fund within General Checking to the Street Fund within Regular Checking, this to support payment of the Walnut Street Paving Project., etc. (Paver’s Cost reference: Walnut Street: $187,219.15; Blue River Bridge Approach $8,475.00; Bill’s Creek Bridge Approaches - $5,350.00; TOTAL: $201,044.15)
REQUEST FOR CONSIDERATIONS FOR SEWER HOOKUP/JULIE SCHEIDELER: Julie Scheideler stated that getting City sewer extended to the west side, which would include her property, would be a real estate improvement and growth potential for the Municipality. She shared experiences: Difficulty arose when she attempted a “lateral” solution, and also a “lagoon,” and she would appreciate a study into the possibility of sewer to her property. Pike and Sedlacek indicated that checking would need to be done to determine “manhole depth,” or whether a “lift station” would be required. Pike suggested a 6” main - to support future development within the area. It was believed that an easement to cross Roger Dorn’s property (if project moved in that direction) would be a strong possibility. Julie Scheideler also stated that the City might apply for a Grant through Get Nebraska Going, and Adams stated that Dean Cole was already pursuing that action.
REQUEST TO CLOSE ALLEY (Milford Woutzke - 201 W Fouts): Woutzke requested consideration for vacating the street (where Fouts & Washington come together), this based on recurring incidents of vandalism to his property, and it being a dead-end street. The adjoining property owner (Husa) expressed (to Woutzke) a willingness to go along with the vacating of the street. Information will be gathered to draft Ordinance # 464 to vacate the street.
OTHER: Reedy asked if all equipment was operational, and Pike indicated that there were problems, but “fixable” and solutions were being pursued.
NEXT AGENDA
DEMOLITION PROJECT/AND RELATED CLEAN-UP ISSUES
ANNUAL CITY CELEBRATION (CAR SHOW/TRACTOR SHOW)
PLANNING AND ZONING
LUCKY BRIDGE LOUNGE - ALLEY OPENING
STREET CLOSING (WHERE FOUTS AND WASINGTON COME TOGETHER)
ARMOR COATING
Motion to adjourn - Reedy Time: 8:55 PM. No objections.
The minutes of the Regular meeting were read and approved July 21, 2020.
Mayor: Lonnie D. Meyer (Regular Session)
City Clerk: Katherine A. Roche (Regular Session)