LYONS CITY COUNCIL MEETING Proceedings June 11, 2024 A regular meeting of the Mayor and Council of the City of Lyons was called to order by Mayor Brink at 5:30 P.M., June 11, 2024, at Lyons City Hall. Present were Council members Vacha, Phillips, and Carr. *AMPVF (All Members Present Voted For) *MC (Motion Carried) The meeting was called to order upon a motion by Vacha, seconded by Phillips. On roll call: AMPVF. MC. CONSENT AGENDA 1. Dispense with reading of minutes of meeting held May 21, 2024. 2. Claims as presented except claims of KB’s Mini Mart and Steiny’s General Store. 3. ORDINANCE NO. 766 - AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF LYONS, NEBRASKA, AND REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES; PROVIDING FOR THE PUBLICATION OF SAID CODE IN BOOK FORM was adopted and signed. 4. ORDINANCE NO. 767 - AN ORDINANCE OF THE CITY OF LYONS, NEBRASKA, TO ADOPT AND IMPOSE A LOCAL SALES AND USE TAX OF AN ADDITIONAL ONE-HALF PERCENT (0.5%) (FROM 1.5% TO 2%) UPON THE SAME TRANSACTIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF LYONS, NEBRASKA, THAT ARE SOURCED UNDER THE PROVISIONS OF THE NEBRASKA REVENUE ACT OF 1967, AS AMENDED, ON WHICH THE STATE OF NEBRASKA IS AUTHORIZED TO IMPOSE SUCH A TAX, ALL PURSUANT TO THE LOCAL OPTION REVENUE ACT, TO FUND THE VOTER-APPROVED LYONS ECONOMIC DEVELOPMENT PLAN; TO PROVIDE FOR THE ADMINISTRATION, ASSESSMENT, COLLECTION, CLAIMS, REMEDIES, PENALTIES, AND DISPOSITION OF SUCH SALES AND USE TAX; TO REPEAL ALL CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR THE PUBLICATION OF SAID ORDINANCE IN PAMPHLET FORM was adopted and signed. 5. ORDINANCE NO. 768 - AN ORDINANCE OF THE CITY OF LYONS, NEBRASKA, TO ESTABLISH THE LYONS ECONOMIC DEVELOPMENT PLAN, AS APPROVED BY THE MAJORITY OF THE ELECTORS OF THE CITY AT THE STATEWIDE PRIMARY ELECTION HELD MAY 14, 2024; TO REPEAL ALL CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM was adopted and signed. 6. ORDINANCE NO. 769 - AN ORDINANCE OF THE CITY OF LYONS, NEBRASKA, APPROVING AN AGREEMENT BETWEEN CITY AND JAY MADDOX THAT AUTHORIZES MADDOX, AS CITY’S BUILDING CONDEMNATION CONSULTANT, TO PERFORM ALL SERVICES AND DUTIES NECESSARY AND PROPER TO DETERMINE WHETHER ANY BUILDING OR STRUCTURE WITHIN THE CITY’S JURISDICTION IS DANGEROUS, UNSAFE, OR OTHERWISE A NUISANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM was adopted and signed. 7. ORDINANCE NO. 770 - AN ORDINANCE OF THE CITY OF LYONS, NEBRASKA, TO AMEND CHAPTER 156: FLOODPLAIN MANAGEMENT OF THE LYONS MUNICIPAL CODE, FOR THE CITY OF LYONS, COUNTY OF BURT STATE OF NEBRASKA; REPEALING ALL PREVIOUS ORDINANCES, AMENDMENTS, AND SECTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE AND TO PROVIDE FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM was adopted and signed. 8. RESOLUTION NO. 2024-06 – Personnel Manual Update was adopted and signed. 9. Resolution 2024-07 - Update Pool Rules was adopted and signed. MAY CLAIMS 2024 EFTPS FED/FICA TAX $4,810.86 AMERICAN LEGAL PUBLISHING WEB HOSTING $495.00 ACCO UNLIMITED CORPORATIO CHEM $19,808.38 B & D DIAMOND PRO INC FIELD MTCE $2,100.00 BADER'S HIGHWAY & STREET CRACK FILLING $10,485.00 BURT COUNTY CLERK ELECTION EXPENSE $2,309.00 CNA AUTO SERVICE MTCE $434.19 LORENSEN GRAIN & READY MI ROCK/GRAVEL $4,690.44 LYONS MIRROR-SUN LEGAL PRINTING $8.63 LYONS POSTMASTER ANNUAL BOX FEE $266.00 LYONS-DECATUR PUBLIC SCHO TOBACCO/LIQUOR LICENSE FEES $720.00 MENARDS MTCE $82.50 NEBRASKA DEPT OF REVENUE STATE TAX $1,862.03 NOVUS COMPUTERS 365 EXCHANGE/BUSINESS $94.00 OMAHA WINWATER LINE MTCE $512.30 SAVEMORE MARKET SUPPL $90.21 S & S LOCKSMITH SUPPL $156.00 STANEK FIRE PROTECTION INSPECT $197.00 VERIZON WIRELESS SERV UTIL $152.70 MIDWEST LABORATORIES INC TESTING $22.00 BLUE CROSS BLUE SHIELD GROUP HEALTH INS $10,411.79 WASTE CONNECTIONS OF NE GARBAGE SERV/SPRING CLEANUP $14,004.39 JENSEN PLG & HTG INC MTCE $1,347.02 SAPP BROS PETROLEUM INC PROPANE $24.00 NEBRASKA RURAL WATER ASSO WTF CONF RAABE $890.00 NPGA NATURAL GAS PURCHASES $12,239.58 UCI ANNUAL FEE $795.00 WESCO RECEIVABLES CORP SUPPL $754.35 PORT-A-JOHNS SERV-MAY $70.00 APPEARA CLOTHING $420.00 BOBCAT OF OMAHA MTCE $773.47 FASTWYRE BROADBAND SERV $606.81 ONE OFFICE SOLUTION SUPPL $108.04 MUTUAL OF OMAHA INSURANCE $295.15 AMERITAS LIFE CORP RETIREMENT $2,338.46 FP MAILING SOLUTIONS POSTAGE $800.00 MEGAN VAVRA JANITOR SERV $467.00 NCSPC GARNISHMENT $225.23 CREATIVE XPRESSIONS CLOTHING $157.60 PAYROLL CHECKS PAYROLL CHECKS $20,178.67 JUNE CLAIMS BURT COUNTY SHERIFF TELETYPE FEES JUNE/JULY $48.00 WILLIAM FINDLAY ATV LICENSE PLATES $263.50 JACK'S UNIFORM & EQUIP CLOTHING/EQUIP $992.14 LYONS MIRROR SUN LEGAL PRINTING $219.53 ONE OFFICE SOLUTIONS SUPPL $316.50 Motion by Phillips, seconded by Vacha to approve the consent agenda. On roll call: AMPVF. MC. REGULAR AGENDA / NEW BUSINESS Steinmeyer arrived at 5:32 Motion by Vacha, seconded by Phillips to table the consideration to approve insurance Renewal with EMC until a special meeting. On roll call: AMPVF. MC. Motion by Phillips, seconded by Carr to table the consideration to approve LARM insurance proposal. On roll call: AMPVF. MC. Motion by Steinmeyer, seconded by Phillips to table the consideration to approve the Interlocal Agreement for the Establishment and Operation of the League Association of Risk Management. On roll call: AMPVF. MC. Motion by Phillips, seconded by Carr to table the consideration of adopting RESOLUTION 2024-08 – LARM AGREEMENT 2024-25. On roll call: AMPVF. MC. Mayor Brink introduced ORDINANCE NO. 771- AN ORDINANCE OF THE CITY OF LYONS, NEBRASKA, AMENDING SECTIONS OF THE CITY’S MUNICIPAL CODE PERTAINING TO UNSAFE BUILDINGS AND STRUCTURES AND PROCEDURES TO ABATE THEM; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND MUNICIPAL CODE SECTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION IN PAMPHLET FORM. Motion by Phillips, seconded by Steinmeyer for the suspension of the statutory rule requiring reading on three separate days. On roll call: AMPVF. MC. ORDINANCE NO. 771 was read by title, and Steinmeier moved for passage of the ordinance, seconded by Vacha. On roll call: AMPVF. MC. ORDINANCE NO. 771 has been passed, approved, and available in pamphlet form Mayor Brink introduced ORDINANCE NO. 772 - AN ORDINANCE OF THE CITY OF LYONS, NEBRASKA, ESTABLISHING A FEE AND TAX SCHEDULE TO INCLUDE THE VARIOUS AND CERTAIN FEES AND TAXES CHARGED BY THE CITY FOR VARIOUS PERMITS, SERVICES, LICENSES, AND OTHER MATTERS; REPEALING CONFLICTING ORDINANCES AND SECTIONS THEREOF; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION IN PAMPHLET FORM. Motion by Phillips, seconded by Vacha for the suspension of the statutory rule requiring reading on three separate days. On roll call: AMPVF. MC. ORDINANCE NO. 772 was read by title, and Steinmeier moved for passage of the ordinance, seconded by Carr. On roll call: AMPVF. MC. ORDINANCE NO. 772 has been passed, approved, and available in pamphlet form. Motion by Steinmeyer, seconded by Vacha to approve Building Permit 2024-014 for Dan Bacon. On roll call: AMPVF. MC. Motion by Vacha, seconded by Phillips to approve the Music Ambassadors to use the empty lot west of the Library for a firework stand. On roll call: AMPVF. MC. Chief Svendsen presented the May police report. The report included 14 calls for service, 7 traffic stops, and 52 ordinance violations. Motion by Phillips, seconded by Steinmeyer to hire Justin King as part-time Police Officer at $26/hr. On roll call: AMPVF. MC. Motion by Phillips, seconded by Carr to delegate authority to Police Chief Svendsen to select, hire, assign duties, and terminate employees for the Lyons Police Department. On roll call: AMPVF. MC. Library Director Mike Heavrin Library Report: Income in April was $940 and this is $742.08 above the monthly budgetary goal. Income for the fiscal year totals $3,175.90, which is $1,791.27 above our FY 2023-2024 goal. Expenses for April came to $4,373.82, which was $502.43 below the monthly budget. Fiscal year expenses total $30,095.87, and that is $4,018.38 below the approved budget for this point in FY 2023-2024. A lengthy discussion was held regarding issues at the pool. The diving board will need to be replaced next year. The skimmer covers coating has worn off and will cost approximately $9,500 to replace. If they are removed and painted with an epoxy coat, it will require a 7 day cure time. The boiler has quit working, and Jensen’s have tried unsuccessfully to repair it for the season. We have not received numbers yet from Jensen’s but Ueding thinks it will be around $15,000. Motion by Phillips, seconded by Vacha to approve $25,000 in pool repairs. On roll call: AMPVF. MC. Clerk Anderson presented the May Treasurer Report. Motion by Phillips, seconded by Carr to accept Clerk Anderson’s Treasurer Report. On roll call: AMPVF. MC. General, Utility, and Debt Service Income Statements for the month ending May 31, 2024. The General Fund had a month-to-date net gain of $15,646.12 and a year-to-date net gain of $113,775.54.. The Utility Fund had a month-to-date net loss of $99,402.02 and a year-to-date net gain of $161,795.39. Debt Service had a month-to-date net gain of $44,964.60 and a year-to-date net loss of $55,741.56. Motion by Vacha, seconded by Phillips to enter executive session at 7:33 PM to discuss employee Jesse Raabe’s annual review. On roll call: AMPVF. MC. Motion by Phillips, seconded by Steinmeyer to return to regular session at 7:37 PM. On roll call: AMPVF. MC. Motion by Vacha, seconded by Carr to approve a raise of 4% for Jesse Raabe effective June 27, 2024. On roll call: AMPVF. MC. Motion by Phillips, seconded by Carr to approve payment to KB’s Mini Mart in the amount of $1,881.81 for Gas and $535.53 for pool concessions. On roll call: AMPVF. MC. Motion by Vacha, seconded by Phillips to approve payment of $1,051.35 to Steiny’s General Store. On roll call, AYE: Carr, Phillips, Vacha. NAY: None. ABSTAIN: Steinmeyer. ABSENT: None. Steinmeyer.MC Mayor Brink adjourned the meeting at 7:50 PM. Whitney Anderson, City Clerk A complete text of the minutes is on file in the office of the City Clerk, 335 Main Street, during regular business hours or online at www.lyonsne.com ZNEZ LMS 06-27-24
