City of Loup City - Regular Meeting

Municipal Building - Council Chambers

August 7, 2007 - 7:30 p.m.

 

A meeting of the Mayor and Council of the City of Loup City convened in regular session on August 7, 2007 at 7:30 p.m.  Notice of the meeting was given in advance thereof by posting in three different places as follows: City Office, Sherman County Courthouse and Loup City Post Office on August 1, 2007 at 3:00 p.m.  Said notice of the meeting contained the statement that the agenda kept continually current was available to the public in the office of the City Clerk during normal business hours.

 

Mayor Toczek announced that the meeting of Mayor and Council is an open meeting. The City of Loup City abides by the Open Meeting Act in conducting business.  A copy of the Open meetings Act is displayed in the front and back of the Council Chambers as required by law. The City Council may vote to go into closed session on any agenda item as allowed by State law.

 

All proceedings were taken while the convened meeting was open to the public.  Mayor Toczek called the meeting to order.  Upon roll call by the City Clerk the following were present: Kirk Stieb, Milton Walrath, Roger Hofts; Absent: Robert Piontkowski; Others present:  Mark Eurek, Kevin Holcomb, Sheriff Mike Janulewicz, Bernard Anderjaska, Susan Stewart, Shawn Kaskie, Travis Mason and Candy Kunz of Miller and Associates.

 

Mayor Toczek asked that all those present join in reciting the pledge of Allegiance.  She asked for a moment of silence to remember all Armed Forces Service Personnel and all Volunteers who help keep us safe.

 

Motion by Stieb, seconded by Walrath to dispense with the reading of the minutes of the meetings held on July 3, 2007 and July 31, 2007 and approve them as written.  Roll Call Vote: Ayes: Walrath, Stieb; Nays: None; Abstain: Hofts, Absent: Piontkowski; Motion Carried.

 

Robert Piontkowski present at 7:35 p.m.

 

Sheriff Janulewicz presented the Mayor and Council copies of the July Monthly Report for police activities for the City of Loup City. Increased traffic reports have been received well by the public and the Sheriff has noticed a general slow-down in traffic. He informed the Council that the radar trailer has been in town the past few weeks.  The monthly report from the Sheriff’s office is as follows: Verbal Warning traffic-21, Verbal warning for other-2, Written Warning traffic-19, Fix-it-tickets- 5, Tagged vehicle-1, Accident-2, Alarms-3, Funeral Escort-3, Dog Bites/assist-1, Civil Service-18, Curfew Violation-1, Incident-7, Fomestic-3, Death-1, Criminal Investigations-3 for a total of 90.

 

The Council briefly discussed the sexual predator ordinance.  Janulewicz stated that he spoke against adoption of this ordinance when it was first brought up.  Some of the states that were quick to adopt these ordinances are now finding that the sexual predators are moving underground and are not giving notice of change of address. 

 

Kevin Holcomb visited with Sheriff Janulewicz about discharge of firearms in City limits.  Sheriff Janulewicz suggested that the Council look at their ordinances to change them for the purpose of animal control and discuss the issue with their insurance company. The present Personnel Policy needs to be adjusted for the animal control officers with regards to possession of firearms for dangerous dogs.  Sheriff Janulewicz praised the maintenance department for the prompt tree removal after the storm.

 

Kevin Holcomb, Utility Supt., gave the maintenance report for the month of July as follows:  the motor at the lift station has been rewound and did not get a new seal put in the bottom of it because they did not have the seal for it, which would make this motor down for another 3 weeks.  Kevin informed the Council that he has turned in a bill to the insurance company for this repair, because the City experienced a low voltage at the time.  Agland informed him that low voltage burned that motor out.  The maintenance department mowed five vacant lots, the weeds in the streets have been sprayed, the lagoons had been sprayed, no discharge of the lagoons was needed because of the evaporation of water, (can discharge in 53 days) the water samples have tested okay, the fire hydrants have been painted, those with orange tops can pump above 500 gallons per minutes and those with red tops discharge under 500 gallons per minute.  The signage for the ball field has been installed.  Holcomb plans to spray round-up on the area around the parking lot at Peterson Park, Beaumont-Reis provided 100# of seed which is enough to re-seed the entire area.  They fixed a water leak on O St.  The water dept. fixed one leak by O’Brien and have two more main valves to repair.  Repaired several holes in the streets. The City had to replace the air-conditioning compressor for the clinic. The summer maintenance help painted the handicapped bathroom in the City Office.  At the present time he does not have information on Day’s Machinery sale. Rural Water personnel used their camera to inspect the dewatering pipe, but there equipment can only go 40 to 50 feet.

 

Motion by Piontkowski, seconded by Stieb to support the Historical Society by allowing the maintenance department to help with the disposal of the trees and use of equipment for this purpose.  Roll Call Vote: Ayes: Stieb, Piontkowski, Hofts, Walrath; Nays: None; Motion Carried.

 

Kevin wished to Thank Craig Kamler and his helper from Ashton for the help they rendered to the City Maintenance Dept. with the tree cleanup and their tree shredder.  The Mayor informed the Council that DEQ has grants available for purpose of obtaining this type of equipment.  If the City has support from other groups within the City they stand a better change of being successful in obtaining a shredder. 

 

Motion by Piontkowski, seconded by Stieb to authorize the Mayor to execute the CDBG 07-PW-013 Contract in the amount of $250,000.00 between the State of Nebraska and City of Loup City for street improvements.  Roll Call Vote: Ayes: Piontkowski, Hofts, Walrath, Stieb; Nays: None; Motion Carried.

 

Piontkowski asked what the Housing Study would involve.  Candy Kunz of Miller & Associates explained that the focus of the study is look at your existing housing, housing trends and assess the housing needs of the community.  By having the Housing study done now will help the City in applying for any future housing grants.

 

 

Motion by Stieb, seconded by Hofts to authorize the Mayor to execute the CDBG 07-PP-009 Contract in the amount of $16,500.00 between the State of Nebraska and the City of Loup City for a Housing Study.    Roll Call Vote: Ayes: Piontkowski, Hofts, Walrath, Stieb; Nays: None; Motion Carried.

 

Motion by Piontkowski, seconded by Stieb to send out Request for Proposals (RFP) for a General Administrator for CDBG Grant #07-PW-013 – Paving.  Roll Call Vote: Ayes: Hofts, Walrath, Stieb, Piontkowski; Nays: None; Motion Carried.

 

Motion by Stieb, seconded by Piontkowski to send out Request for Qualifications (RFQ) for Project Engineer for CDBG Grant #07-PW-013- Paving.  Roll Call Vote: Ayes: Walrath, Stieb, Piontkowski, Hofts; Nays: None; Motion Carried.

 

Motion by Stieb, seconded by Piontkowski to send out Request for Proposal (RFP) for General Administrator for CDBG Grant #07-PP-009 – Housing Study.  Roll Call Vote: Ayes: Stieb, Piontkowski, Hofts, Walrath; Nays: None; Motion Carried. 

 

Motion by Stieb, seconded by Walrath to send out a Requests for Proposal (RFP) for a Planner for CDBG Grant #07-PP-009 – Housing Study.  Roll Call Vote: Ayes: Piontkowski, Hofts, Walrath, Stieb; Nays: None; Motion Carried.

 

A brief discussion was held on the submitting an application for “Safe Routes to School” sponsored by the Nebraska Department of Roads.  Candy Kunz of Miller & Associates reviewed that the first step in this program is to submit a Letter of Intent to Apply.  In this letter the City would have to establish a route and the cost of the proposed route.  The City would be the lead partner in the application.  Ms Kunz suggested that the Street Committee, Dr. Winchester, Mayor Toczek to meet with Travis Mason to get an idea of the proposed route and the amount of funds needed.  One stipulation is that the sidewalks would be 5’ wide.  The application deadline is September 7th.   Motion by Piontkowski, seconded by Stieb to submit of Letter of Intent application for “Safe Routes to School”.  Roll Call Vote: Ayes: Hofts, Walrath, Stieb, Piontkowski.  Nays: None; Motion Carried.   A tentative date to meet with Travis Mason was set for Tuesday at 10:00 a.m.

 

Mayor Toczek announced the next item of business is the white goods contract.  Bernard Anderjaska approached the Mayor on several occasions on white goods and the iron that the City has in the City yards.  She has reviewed the contract and visited with the City Attorney regarding this contract and the concerns of is what is considered white goods.   The City has a collection of iron from time to time which is taken to Kearney and the proceeds of these sales are deposited in the City account.  In her further investigation she found out that there are individuals who will take the white goods from the City at no charge.  At the present time the City pays Mr. Anderjaska $5.00 per item.  At the beginning of her term as Mayor she had indicated that all contracts would be reviewed.  She is recommending that the contract be terminated according to the time limits specified in the contract.  Piontkowski questioned why the contract should be terminated when the city charges $10.00 per item of white goods and by paying Bernard $5.00 per item, the City is making money.  Hofts asked if Bernard Anderjaska could come forward and address the Council.  Mr. Anderjaska said he had a contract with the City for white goods for quite some time and what it amounted to is basically was everything that couldn’t be put in the trash and it worked out great.  He indicated that time went on things were held back which became a nightmare for him.  The White goods picked up at the Great American Cleanup were taken by him and he did not charge the City for those items.  Mr. Anderjaska stated that he thinks he is being shortchanged because he is not getting anything that is worth while.  Holcomb stated that the City is giving Bernard everything that is stated in his contract.  Mr. Anderjaska stated that is some items in the corner of the yards that not being given to him.  Holcomb stated that there are  aluminum doors, lawn mowers and ductile iron.  Holcomb does not feel that the City should have to pay Mr. Anderjaska $5.00 per item for each of these items when the City did not charge for them.  Some of these items are left by the City gate.  Piontkowski stated that in the past Bernard picked up the white goods when the price of iron was low and now when the price is up everyone want a piece of the pie.  He feels that the City should not kick Bernard out the door.  Hofts asked what would be wrong with adhering to the contract as it is.  A suggestion was made by Eurek that if there are any discrepancies on the items that are being hauled out that the Mayor would resolve the issue.  This was agreeable to Holcomb, Anderjaska and the Mayor.

 

A discussion was held on the City liability in regards to overnight camping at City Parks. At the present time there is no signage to indicate whether or not camping is permissible.  Motion by Stieb, seconded by Walrath to table action on camping in City Parks until further information is received from the City’s insurance carrier.  Roll Call Vote: Ayes: Stieb, Piontkowski, Hofts, Walrath; Nays: None; Motion Carried.

 

Mark Eurek handed out copies of the proposed Ordinance regarding the Economic Development and briefly reviewed the Ordinance with the Mayor and Council.  Mayor Toczek announced the next item of business was for consideration and action upon adoption of Economic Development Plan.  Councilmember Piontkowski introduced Ordinance No. 614, an ordinance to establish the Economic Development Program for the City of Loup City, Nebraska and moved to suspend the rules requiring reading on three different days.  Motion seconded by Walrath.  Ordinance No. 614 was then read by title and thereafter Councilmember Walrath moved for final passage of Ordinance No. 614. Motion seconded by Piontkowski.  The Mayor then stated the question “Shall Ordinance No. 614 be passed and adopted?”  Roll Call Vote: Piontkowski, Hofts, Walrath, Stieb; Nays: None; Motion Carried.  The passage and adoption of said Ordinance No. 614 having concurred by a majority of the Council, Mayor Toczek declared Ordinance No.614 duly passed and adopted.

 

Shawn Kaskie, Sherman County Economic Development Director, presented an Economic Development budget for review by the Mayor and City Council. 

 

The Mayor reviewed some of the committees that will need to be formed in regards to the Economic Development Plan.

 

City Attorney passed out copies of the proposed ordinance for clarification pertaining to unlicensed motor vehicles and motor vehicle parts.  Piontkowski wondered why the city has to pass an ordinance when the City has ordinances in place and we can’t enforce the ones that we presently have. Piontkowski stated he would like to look at ordinances presently in effect.   Mayor Toczek announced she would entertain a motion to adopt an Ordinance to clarify the definition of different types of vehicles, trailers etc. in the street and street R.O.W.  Councilmember Walrath introduced Ordinance No. 615, an ordinance pertaining to the nuisances consisting of unlicensed motor vehicles and motor vehicle parts, and moved to suspend the rules requiring reading on three different days.  Motion seconded by Hofts.  Roll Call Vote: Ayes: Hofts, Walrath; Nays: Piontkowski, Stieb; Motion Failed.  Ordinances have to be passed by a ¾ vote of the Council.

 

 

Mayor announced that Ordinance No. 613 an ordinance of the City of Loup City, Nebraska, annexing contiguous lands in a tract of land being part of the North Half of the Northwest Quarter (N½ NW¼) of Section Seventeen (17), Township Fifteen (15) North, Range Fourteen (14),  now comes before the Council for its third and final reading.  Ordinance No. 613 was then read by title and thereafter Councilmember Walrath moved for final passage of Ordinance No. 613.  Motion seconded by Hofts.  The Mayor then stated the question “Shall Ordinance No. 613 be passed and adopted?”  Roll Call Vote: Piontkowski, Hofts, Walrath, Stieb; Nays: None; Motion Carried.  The passage and adoption of said Ordinance No. 613 having concurred by a majority of the Council, Mayor Toczek declared Ordinance No.613 duly passed and adopted.

 

Mayor Toczek read a letter she received from a local resident regarding changing the City Code to allow  4-wheelers & all terrain vehicles on public streets.  Motion by Piontkowski, seconded by Stieb to authorize the City Attorney to draft an ordinance to operate 4-wheelers and all terrain vehicles on public streets.   Roll Call Vote: Ayes: Piontkowski, Hofts, Walrath, Stieb; Nays: None; Motion Carried.

 

Motion by Piontkowski seconded by Walrath to authorize the City Attorney to draft an ordinance upon sexual predator residency requirement.  Roll Call Vote: Ayes: Hofts, Walrath, Stieb, Piontkowski; Nays: None; Motion Carried.

 

Motion by Stieb, seconded by Walrath to adopt Resolution 2007-19, a resolution to authorize the establishment of an Economic Development Fund for the City of Loup City.  Roll Call Vote: Ayes: Walrath, Stieb, Piontkowski, Hofts; Nays: None; Motion Carried.

 

Eurek left at 9:55 p.m.

 

Mayor Toczek gave a report on various violations against Public Health and Safety throughout the community and other violations.

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Mayor Toczek temporarily suspended the meeting to get the information requested by Piontkowski on City codes.  Time: 10:00 p.m.   Regular session resumed at 10:20 p.m.

 

Mayor announced the next item of business was to adopt Resolution 2007-20, a resolution authorizing the City Clerk to levy the cost of mowing against 7 properties as a special assessment which shall be a lien on the real estate collectible in the manner provided by law.   Piontkowski stated that the City should try to collect these fees before a lien is placed against the property.  The City clerk informed the Council that all of the individuals have been sent letters indicating the amount due for mowing and cleanup of the properties.  Piontkowski also stated that the maintenance department spent too much time on these properties, which should only have been mowed and not involve cutting down trees.  Motion by Piontkowski, seconded by Hofts to send another statement of the amount due and offer them a payment plan option before the cost is assessed against their property.  Roll Call Vote: ayes: Piontkowski, Hofts, Walrath, Stieb; Nays: None; Motion Carried. 

 

Motion by Hofts, seconded by Stieb to adopt Resolution 2007-21, a resolution to authorize the City Clerk to levy the cost as a special assessment against the Lots 11 & 12, Block 20, Original Town of Loup City Sherman County, Nebraska owned by Daniel Mellor for the removal of two trees.  Roll Call Vote:  Ayes: Hofts, Walrath, Stieb; Nays: None; Abstain: Piontkowski.  Motion Carried.  Piontkowski didn’t think it was necessary to remove both trees.

 

Mayor Toczek gave an update of the Hearing of the Final Distribution of the Petersen Estate.

 

The next item of business was for correspondence and reports from the Mayor and Council.  Walrath stated that the summer maintenance help did an excellent job this year.  Another item discussed was not enough law enforcement input on public nuisances.

 

Motion by Stieb, seconded by Walrath to approve the claims submitted for payment and make adjustment on the bill to Edgehill Motors.   Roll Call Vote: Ayes: Piontkowski, Hofts, Walrath, Stieb; Nays: None; Motion Carried.

 

Motion by Stieb, seconded by Hofts to approve the Treasurer’s report for the month of July.  Roll Call Vote: Ayes: Piontkowski, Hofts, Walrath, Stieb; Nays: None; Motion Carried.

 

There being no further business the meeting was adjourned upon motion made by Walrath, seconded by Hofts.  Roll Call Vote: Ayes: Hofts, Walrath, Stieb, Piontkowski; Nays: None; Motion Carried.

 

                                                                _________________________________

                                                                        Annette M. Gallaway, City Clerk

 

 

APPROVED:

 

___________________________Mayor

Alicia J. Toczek

 

___________________________Council President

 

            Kirk Stieb