Village of Decatur Meeting Minutes

The Board of the Village of Decatur met in a Regular Session at 4:30 P.M. at the City Hall on May 12th, 2016. Visitors signing in Alta Wolf with Lyons Mirror Sun, Justin Smith, Kay Kellogg, Linda Dunning with the Community Club, Dave Malloy, Nico Hardeman, Tim Slaughter, and Jimmy Phelps

1)         Regular Meeting Called to Order by Vice-Chairman Siecke at 4:30

Roll Call: Anderson-Here, Gatewood-Here, Kellogg-Absent, Siecke-Here, Tolby-Here

 

2)        Agenda and minutes of the previous month’s meeting received:

Roll Call: Anderson-yes, Gatewood- yes, Kellogg-absent, Siecke- yes, Tolby -yes

 

3)        Approval and/or correction and suspended reading of the previous month minutes.

Roll Call: Anderson-yes, Gatewood- yes, Kellogg-absent, Siecke- yes, Tolby -yes

 

4)        EXCUSE BOARD MEMBERS NOT ATTENDING THE MEETING:

 

Anderson made a Motion to Excuse Kellogg from tonight’s meeting. 2nd by Gatewood

 

Roll Call: Siecke- yes, Tolby -yes, Anderson-yes, Gatewood- yes

 

Siecke amended the agenda and went to OLD BUSINESS

6)        OLD BUSINESS

1)        Ordinance   §53.07A regarding late fee: Vice Chair asked Village Clerk to read Ordinance §53.07A.

Village Clerk Read:

ORDINANCE § 53.07A

AN ORDINANCE TO AMEND ORDINANCE #9-07 IF THE CODE OF DECATUR TO PROVIDE AND CLARIFY CERTAIN LATE, DISCONNECT, AND RECONNECT FEES FOR ELECTRIC SERVICE; TO REPEAL CONFLICTING ORDINANCES AND SECTIONS; AND TO PROVIDE AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA;

SECTION 1. Ordinance #9-07 of the Code of Decatur, Nebraska, shall be amended to read as follows:   

Ordinance §53.07A, Meters Read, Bills Made Monthly; Delinquent Bills; Disconnection; Reconnection; Landlord’s Responsibility.

All meters shall be read monthly and billing shall be made monthly. All bills shall be paid at the Village Clerk’s office. If the bill is not paid by the 15th of the month, than a $15.00 late fee shall be added to the bill. Effective June 1, 2016 if the customer shall neglect or refuse to pay his or her bill on or before the 20th day after the billing date, the same shall be considered delinquent, and the Village may discontinue and disconnect service until all amounts in arrears are paid in full, in which case the Village shall assess a $20.00 disconnect fee.   The Village shall assess an additional $20.00 reconnect fee once the customer pays in full all amounts in arrears. In the event the premises is a rental property and the renter has vacated the premises, the owner of the premises shall be responsible for the unpaid bill.

SECTION 2. All ordinances and sections in conflict herewith are hereby repealed (§53.07 & #9-07 ).

SECTION 3. This Ordinance shall be in full force and take effect from and after its passage, approval, and publication or posting according to law.

Passes and approved this 12th day of May 2016

Vice Chair asked if there were any questions- None

Tolby made a motion to adopt Ordinance §53.07A. 2nd by Gatewood

Roll Call, Anderson-yes, Gatewood- yes, Siecke- yes, Tolby -yes

Gatewood made a motion for final passage on Ordinance §53.07A 2nd by Anderson

Roll Call: Siecke- yes, Tolby -yes, Anderson-yes, Gatewood- yes

Vice Chair Ordinance §53.07A has been passed by a majority of all members present of the Council.

Signed by Vice Chair and Village Clerk Sealed by the Clerk

2)         Ordinance §111.01A Amending Peddlers and Hawkers

Vice Chair asked Village Clerk to read Ordinance §111.01A.

Village Clerk Read:

ORDINANCE § 111.01A

AN ORDINANCE TO AMEND ORDINANCE § 111.01 OF THE CODE OF DECATUR TO PROVIDE AND CLARIFY THE PEDDLERS AND HAWKERS SECTION; TO REPEAL CONFLICTING ORDINANCES AND SECTIONS; AND TO PROVIDE AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA;

SECTION 1. Ordinance § 111.01 of the Code of Decatur, Nebraska, shall be amended to read as follows:           

Ordinance § 111.01A, Peddlers and Hawkers; Regulation, Permit instructions, Peddlers and hawkers permit and Exceptions.

• 111.01A PEDDLERS AND HAWKERS.

 

PEDDLERS AND HAWKERS; REGULATION. To insure the safety and security of the people of the Village of Decatur and insure that the peddlers and hawkers are selling legal products and operating legally and lawfully within the Municipality of the Village of Decatur.

 

(A) Hours of solicitation. It shall be unlawful for any solicitor, salesperson or peddler to solicit any individual between the hours of 6:00 p.m. and 8:00 a.m., unless they have a previous appointment with the resident or residents of the premises solicited. It shall be unlawful at any hour for a solicitor, salesperson or peddler to solicit without a proper license on his or her person at all times.

 

To prevent the sale of fraudulent, dangerous, and unhealthful goods and services, and to protect the public by maintaining records of the products sold and the persons and companies responsible for such sales, all peddlers and hawkers shall, before doing business within the Municipality, make application for, and be issued a permit application for said permit shall be made to the Municipal Clerk, and shall contain all the necessary information and documents required for the protection of the residents of the Municipality. Any person or persons granted a peddler and hawker permit shall be subject to any fees, occupation taxes, and other rules and regulations which the Governing Body deems appropriate for the purposes stated herein. Any permit so granted shall be subject to revocation for good and sufficient cause by the Municipal Police. (Ref. 17-134, 17-525, 17-562, RS Neb.)

 

 

PEDDLERS AND HAWKERS; PERMIT INSTRUCTIONS

 

1. Have the applicant fill the form out completely.
2. Take a copy of the applicant’s driver’s license or id provided.
3. Collect the Permit Fee. $10.00
4. Assign a permit number.
5. Give a copy of the permit along with a copy of the Regulations to the applicant.
6. Staple a copy of the applicants Drivers license or id to the permit and place in the permit file. Keep these on file for one year.

 

PEDDLERS AND HAWKERS; PERMIT

 

PERMIT #: _________

Name: ____________________________________ Phone #: _____________

Address: ______________________ State: __________ Zip code: _______

Driver’s License #: ______________ State: _________ D.O.B. __________

License Plate #: __________

Employer: _____________________ Phone #: _____________

Address: ______________________ State: __________ Zip code: _______

 

Nature of Merchandise being sold: _____________________________________________________________________________.

 

Under Penalties of perjury, I state that I have never been convicted of any crime or ordinance violation except as follows: _____________________________________________________________________________.

 

State Nature of offence, court in which convicted, and approximate date: _______________________________________________________________________.

 

I further state, under penalties of perjury, that to the best of my knowledge I have no infectious or communicable disease. _________________________________.

 

Date: ____________ Signature of applicant: ______________________________.

 

NOTE: THIS PERMIT IS GOOD FROM 8:00 A.M. TO 6:00 P.M. ON THIS DATE ONLY.

 

EACH AND EVERY SALES PERSON WILL PAY THE $10.00 FEE AND SUPPLY THE CLERK WITH A COPY OF THEIR DRIVERS LICENCE AND/OR ID.

This permit must be kept on your person and shown to any & everyone that asks for proof of a permit.

 

PEDDLERS AND HAWKERS; EXCEPTIONS. Nothing herein shall be construed to apply to any person, or persons, selling produce raised within the Burt County, or to wholesale salesmen soliciting merchants directly. Under this exception you are still required to apply for an Exempt Permit at the Village Office.

Penalty, see § 6-12A-08

 

PEDDLERS AND HAWKERS; EXEMPT PERMIT

 

PERMIT #: _________

Name: ____________________________________ Phone #: _____________

Address: ______________________ State: __________ Zip code: _______

Driver’s License #: ______________ State: _________ D.O.B. __________

License Plate #: __________

Employer: _____________________ Phone #: _____________

Address: ______________________ State: __________ Zip code: _______

 

Nature of Merchandise being sold: _____________________________________________________________________________.

 

Under Penalties of perjury, I state that I have never been convicted of any crime or ordinance violation except as follows: _____________________________________________________________________________.

 

State Nature of offence, court in which convicted, and approximate date: _______________________________________________________________________.

 

I further state, under penalties of perjury, that to the best of my knowledge I have no infectious or communicable disease. _________________________________.

 

Date: ____________ Signature of applicant: ______________________________.

 

NOTE: THIS PERMIT IS GOOD FROM 8:00 A.M. TO 6:00 P.M. ON THIS DATE ONLY.

 

EACH AND EVERY SALES PERSON WILL SUPPLY THE CLERK WITH A COPY OF THEIR DRIVERS LICENCE AND/OR ID.

This permit must be kept on your person and shown to any & everyone that asks for proof of a permit

 

SECTION 2. All ordinances and sections in conflict herewith are hereby repealed (§111.10, 1995 Code, § 4-601; 1995 Code, § 4-602).

 

SECTION 3. This Ordinance shall be in full force and take effect from and after its passage, approval, and publication or posting according to law.

Passes and approved this 12th day of May 2016

Vice Chair asked if there were any questions- Anderson stated that he would like to amend county to be changed to Burt County

Gatewood made a motion to adopt Ordinance §111.01A. 2nd by Tolby

Roll Call: Anderson-yes, Siecke- yes, Gatewood- yes, Tolby -yes

Gatewood made a motion for final passage on Ordinance §111.01A 2nd by Tolby

Roll Call: Anderson-yes, Siecke- yes, Gatewood- yes, Tolby -yes

Vice Chair Ordinance §111.01A has been passed by a majority of all members present of the Council.

Signed by Vice Chair and Village Clerk Sealed by the Clerk

 

3)         Rezoning Lots 18-28 Block 22 Ordinance §05-12-2016

Vice Chair asked Village Clerk to read Ordinance §05-12-2016.

Village Clerk Read:

ORDINANCE # 05-12-2016

 

AN ORDINANCE OF THE VILLAGE OF DECATUR, NEBRASKA, TO AMEND ITS ZONING ORDINANCE TO REZONE FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL DISTRICT TRACT OF LAND LOCATED IN PART OF LOTS 21-28 IN BLOCK 22, ALL LYING IN THE VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA; TO REPEAL CONFLICTING ORDINANCES, SECTIONS, AND REGULATIONS; TO PROVIDE AN EFFECTIVE DATE.

            WHEREAS the Board of Trustees of the Village of Decatur, Nebraska, wishes to amend the zoning district of certain land located within its zoning jurisdiction from low density residential to commercial district this land is located in Block 22 lots 21-28, all lying in the Village of Decatur, Burt County, Nebraska; and

WHEREAS the Planning Commission of the Village of Decatur, Nebraska, held a public hearing on March 4th 2016, of which it duly gave advance notice, and recommended that such land located on lots 21-28 block 22 be rezoned from low density residential to commercial

WHEREAS the Village Board of Trustees held a public hearing on April 14, 2016, of which duly gave advance; notice

NOW, THEREFORE, BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA:

            SECTION 1. The following described real property is hereby rezoned from low density residential to commercial district this land is located in Block 22 lots 21-28.

SECTION 2. All Ordinances, sections, and regulations in conflict herewith are hereby repealed.

SECTION 3. This Ordinance shall be in full force and take effect from and after its passage, approval, and publication or posting according to law, and after appropriate entry of the amendment is made on the Village’s Official Zoning Map(s) in accordance with Section 4.3 of the Village’s Zoning Ordinance.

Passes and approved this 12th day of May 2016

Vice Chair asked if there were any questions: Anderson just wanted to make sure that it was only up to Nico’s property.

And it is.

Anderson made a motion to introduce Ordinance §05-12-2016. 2nd by Gatewood

Roll Call: Siecke- yes, Tolby -yes, Gatewood- yes, Anderson-yes

Anderson made a motion to move for final passage on Ordinance §05-12-2016. 2nd by Gatewood

Roll Call: : Siecke- yes, Tolby -yes, Gatewood- yes, Anderson-yes

Vice Chair Ordinance §05-12-2016 has been passed by a majority of all members present of the Council.

Signed by Vice Chair and Village Clerk Sealed by the Clerk

4)         252 W. 3rd St. Clerk wants the ok to line up the abatement of asbestos and clean up of land.

Chytka just wanted to have the permission to get things in place and lined up to have 252 W. 3rd St. demolished.

Anderson made a motion to have the clerk continue forward on 252 W 3rd St. 2nd by Gatewood.

Roll Call: : Siecke- yes, Tolby -yes, Gatewood- yes, Anderson-yes

 

5)         REPORTS OF OFFICERS, BOARDS AND OR COMMITTEES:

 

1)         Police: Monthly Report- Justin came to the table discussed how they are continuing to pursue ordinance violations, both old and new. Officers have been going around and talking to property owners about violations such as weeds and other violations. Officers have also been talking to people who may need assistance with repairs on their homes, and letting them know what programs are out there.

Justin stated quite a few people have approached him and were very pleased with the board and village government for striving to make positive steps to better Decatur.

Justin reported that recently the PD has had some shifts that were difficult to fill and they are striving to give Decatur residents 24 hour a day coverage. He asked the board to look into hiring additional officers up to three at this time to fill in when officers are sick or on vacation. No additional hours will be needed as we are only looking to fill hours for other officers that are away.

He ended his report by stating 8 new incident reports since the last board meeting, 2 traffic citations, 8 traffic warnings.

Justin asked for the special meeting be changed from the 16th to the 20th of May so he may attend.

The board moved the special meeting to May 20th at 4:30 at City Hall.

He asked if we could pay $15 per year to the Police Officer of Nebraska Association.

 

Cheryl made a motion to advertise for an on-call police officers. 2nd by Tolby

Roll Call Siecke- yes, Anderson-yes, Tolby -yes, Gatewood- yes
2)         Lights: Monthly Report- Gatewood has had a couple of people ask for light poles at the south end of Broadway. Siecke would like to see what the costs would be. And then discuss at the next week. Clerk stated that many residents have signed up for budget billing and also more people signed up for auto payments.

 

Siecke stated that we may need to get signs when entering town that a peddler permit is needed.

Slaughter discussed setting up a farmer’s market. He asked how would the people get a permit, Clerk stated that they could call her cell phone or the cop on duty.

 

3)         Water & Sewer: Monthly Report- Anderson report Layne Western wants to check the filters before they go back online. Siecke said that it would be ok to have them x-rayed. Anderson also stated that we received a bid for the water pit up at Dave Malloy’s Olson’s bid came in at $1,170.00.

Dave Malloy came to the table to discuss his water pit. He said that he understands that the cost is coming in higher than expected. He stated that he would be willing to share in the cost.

Dave said that he is willing to put the pit on the back burner for now.
4)         Parks: Monthly Report- Floor paint has been purchased, need to address the lighting in the bath rooms, also paints for the doors have been purchased. Income for the park was $912.75.
5)         Streets: Monthly Report- Income from city sales tax for February $3,403.25. He went over the    bid to have streets repaired was $222,982.75. He stated that it has been hard to get any bids.

 

6)         Recycling Report: Recycling needs to be hauled to Tekamah

7)         NEW BUSINESS

 

1)        Kay Kellogg- Commercial Insurance Kay came to the table she said that recommends that we go   with OneBeacon Government risks and Bitco for workers comp. She will come to the Special meeting          on Friday the 20th at 4:30. Board members talked about hiring minors for mowing- she said to keep it             simple.

2)         Community Club Liquor License Riverfront Days- Linda Dunning came to the board explained    the dates and times.

Gatewood made a motion to allow the Community Club to serve alcohol June 17,18,and 19th. 2nd by   Tolby.

Roll Call- Anderson-abstain, Siecke-yes, Gatewood-y, Tolby-y

Linda asked for permission to close the street for the dance on Friday night. permission granted.

Linda asked Justin to help get the cars off the street the day of the parade.

The board agreed to supply the copies for the Community Club.

 

Linda asked if during the BBQ if they could block the street off during that time. Justin will look into      being able to do this.

Copies and flyers were brought up and the broad agreed to make the copies. Linda also wanted to make sure that the porta potties were available at the old fire hall property, and             electricity to the light pole at             old fire hall property

3)        City Hall basement flooding- Anderson stated that the basement is leaking- and we need to see     about getting it fixed. Siecke said we need to see where it is coming from. Anderson suggested maybe             having Thrasher come in? Siecke and Anderson discussed getting bids for the caulking of the windows.

 

4)        Donations to Community Club for fireworks- Community Club is not having fireworks this year.

5)        Donations to Business Club for website- Tim Slaughter came to the table and we discussed the    business members and how all websites would be linked. The cost could be around $400. This was             tabled until we know what the cost is.

Tim Slaughter- Lighting at the Memorial Trailer- Slaughter said that he talked with Max Christiansen to   run wire to the power pole to the Decatur sign Max said it would be around $360.00.

Anderson made a motion to Christiansen Electric to come in and get electricity to the to the Decatur sign             2nd by Gatewood

Roll call-Siecke-y, Tolby-y, Anderson-y, Gatewood-y

 

6)         Sell 1986 Chevy pickup Ok for the clerk to place an ad for bids for the 1986 Chevy truck.            Anderson made a motion for to put the 1986 Chevy pickup up for bids. Bids to be in by June 12th             meeting. 2nd Gatewood

Roll call-Siecke-y, Tolby-y, Anderson-y, Gatewood-y

 

7)        Look into replacing 1978 IH Dump truck- We are inquiring about different dump trucks

8)         QuickBooks updating software to 2016- Clerk asked if she could upgrade to 2016

Anderson made a motion to purchase QuickBooks 2016 2nd by Gatewood

Roll call-Siecke-y, Tolby-y, Anderson-y, Gatewood-y

 

8)         CORRESPONDENCE

1) Tri-State High Adventure Base- Clerk advised that Tri-State has been in contact with us and they       would like to have the Board down to greet them. Clerk advised that they will be in on Wednesdays

and they camp at the park.

2) Nate Wright. Bike and Build-Clerk informed that she had received an email and they are requesting      some where to stay. The board would like more info. Asked the Clerk to have something by next          meeting.

9)         ANNOUNCEMENTS

Next Regular Board meeting will be on June 9th , 2016 at 4:30 here at City Hall

 

10)       APPROPRIATIONS AND CONSIDERATION OF THE CLAIMS:

1) Claims preapproved by Gatewood and Tolby

2) Motion to Approve the Claims as Submitted

 

Gatewood 2nd Tolby             Roll Call: Gatewood-y, Siecke y, Tolby y

 

Are there any questions from the audience?

 

12)       MOTION TO ADJOURN THE REGULAR MEETING

Gatewood 2nd Tolby                                                                        Adjournment Time: 6:18

Ann Chytka Village Clerk                                                     Mark Siecke Vice Chair