Village of Decatur Meeting Minutes

Village Board of Decatur
Regular Meeting
February 13, 2014
5:00 P.M.
The Board of the Village of Decatur met in regular session at 5:00 P.M. at the Community Center on
February 13, 2014. Visitors signing in were Alta Wolf, Stephen Shonkwiler, and Deborah Sorenson. Peggy Smith (Decaturs’ Street Superintendent) was also present.
1)         The meeting was called to order by Chairman Jim Nicola.
Roll Call: Walt Bolln-here, Jim Nicola-here, Bob Richards-here, Margaret Tolby-here, Stephanie Warren-here.
2)         Agenda and minutes of the previous month’s meeting were received:
Roll Call: Walt Bolln-here, Jim Nicola-here, Bob Richards-here, Margaret Tolby-here, Stephanie Warren-here.
3)         Approval and/or corrections and suspended reading of the previous months minutes.
Roll Call: Walt Bolln-here, Jim Nicola-here, Bob Richards-here, Margaret Tolby-here, Stephanie Warren-here.
4)         EXCUSE BOARD MEMBERS NOT ATTENDING MEETING:
All were present
5)         REPORTS OF OFFICERS, BOARDS, AND OR COMMITTEES
            1) Police Monthly Report- Chief McFarland was not present and no report was submitted to the Board for review.

2) Light Monthly Report- Bolln did not have anything to report.

3) Water & Sewer Monthly Report- Lynn Kellogg will be working on the water tank filter to repair a leak. Also on the light issue, the maintenance guys have replaced 6 street lights with new LED ones. Tolby informed the Board that there is a street light that burns through the day time. It is located at the end of the alley south of her house.

4) Park Monthly Report- Tolby asked the Board  if they would be interested in 15 blue spruce trees from the Arbor Foundation. These trees would be 3 to 4 foot high. If so she will order them, and they will be delivered around the 15^th of March. The Board felt they would have a place to plant the trees. The clerk informed the Board that she was asked about a storm shelter for the park. The Future of Decatur Foundation is having a meeting this weekend and this is one of their topics. This matter was discussed last year and some information had been gathered. The Village attorney was emailed to ask if there was any legal litigation that the Village would be responsible for. He said no as long as it was put on Village property.  A storm shelter will be built sometime in the future in the area located by the boat dock. It was also mentioned that the extra park pads that were delayed last fall will be installed this spring.
5) Street Monthly Report- Nothing to report

6) Recycling Monthly Report- no income

 

6)         OLD BUSINESS
1. John Sparks Lawsuit-Executive Session
Richards made a motion to go into executive session concerning John Sparks lawsuit.
Bolln seconded the motion.
Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Richards-yes, Bolln-yes.
5:05 PM
Richards made a motion to come out of executive session.
Warren seconded the motion.
Roll Call: Bolln-yes, Nicola-yes, Tolby-yes, Richards-yes, Warren-yes.
5:07 PM
7)         NEW BUSINESS

1. Public Hearing-One and Six Year Street Plan

 

Richards made a motion to open the Public Hearing on the One and Six Year Street Plan
Warren seconded the motion
Roll Call: Bolln-yes, Nicola-yes, Tolby-yes, Richards-yes, Warren-yes.
Nicola asked if there were questions from the audience or the Board members regarding the One and Six Year Street Plan?

Peggy Smith stated that we received the plans from Mainelli Wagner, he has sent a copy of the repair plan to Pat Goobles from Theisen construction. Peggy will contact Pat so that we can get a estimate as soon as possible. The plans are at the Village office if anyone would like to look at them.
Bolln thinks we should receive more than one bid for the repair work.
Walt Bolln asked if all the street work had to be done in the current year, Peggy said it does not all have to be done this year.

Richards made a motion to close the Public Hearing on the One and Six Year Street Plan.
Bolln seconded the motion.
Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Bolln-yes, Richards-yes.

Nicola stated the Public Hearing is closed.
Nicola made a motion to approve the One and Six Year Street Plan.

Bolln seconded the motion.

Roll Call: Bolln-yes, Tolby-yes, Warren-yes, Nicola-yes, Richards-yes.

Motion Carries.
2. Resolution #135 Adopting One and Six Year Street Plan
Richards introduced Resolution #135 Adopting the One & Six Year Street Plan
Nicola asked the clerk to read Resolution #135 Adopting the One & Six Year Street Plan

RESOLUTION # 135

Whereas, Pursuant to L.B. 1302 of the 80th Legislature of the State of Nebraska, a public hearing was held by the Village of Decatur Board for the purpose of drafting a One & Six Year Road Plan to designate specific road and bridge improvements for Decatur Village Roads.

Whereas, Legal notice was published in the Burt County Lyons Mirror Sun which is the legal newspaper in the County.

Be it Further Resolved, The One & Six Year Road Plans were fully discussed by the Street Superintendent with the Village Board and those present.

 

Now Therefore Be It Resolved by the Decatur Village Board that the One & Six Year Road Plans for Road Improvements in the Decatur Village be approved as presented by the Street improvements in the Decatur Village be approved as presented by the Street Superintendent and as advertised and that such plans be ordered submitted to the State Highway Commission along with other evidence as required by the rules and regulations of the State Highway Commission.

 

APPROVED THIS 13th Day of February, 2014

 

Board of Trustees of the Village of Decatur

 

Trustees voting           5 Yea               0 Nay
James Nicola
Chairman

 

Therese Magill

ATTEST:                                                                                Village Clerk

 

Richards moved that said Resolution #135 Adopting the One & Six Year Street Plan be passed.
Bolln seconded the motion
Nicola asked shall Resolution #135 Adopting the One & Six Year Street Plan be passed and adopted by Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Richards-yes, Bolln-yes.

Motion Carries.

3. Hansen Pest Control-Fogging this summer it will be the same night and same price
Nicola made a motion to have Hansen Pest Control do the fogging again this year.
Bolln seconded the motion.
Roll Call: Richards-yes, Tolby-yes, Warren-yes, Nicola-yes, Bolln-yes.

 

4. 1% Local Option Sales and Use Tax- Put on November 4, 2014 ballot.
The board discussed the 1% local option sales tax and decided to add it to the ballot on Nov. 4, 2014. The monies collected could be used for streets and other projects the Village has to do. It was stated that a lot of other cities have the local option sales tax and no one gives a second thought to pay it. There will have to be a resolution done to proceed.
Richards made a motion to have the 1% local option sales tax for Decatur be put on the Nov. 4, 2014 ballot.
Bolln seconded the motion.
Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Richards-yes, Bolln-yes.

5. Bulldog Fitness Open House Giveaways: Yearly Membership or One Month membership.
Carol Kellogg and Bonnie Hennig are hosting the March 1, 2014 Open House at the Bulldog Fitness Center and are asking the Village to donate a membership for the Fitness Center. Bolln asked what the prices are for the memberships. Seniors yearly memberships are $104.00, Single yearly memberships are $120.00, Couple’s yearly memberships are $144.00, and Family yearly memberships are $200.00.
Bolln made a motion to donate a family membership.
Warren seconded the motion.
Roll Call: Nicola-yes, Richards-yes, Tolby-yes, Bolln-yes, Warren-yes.

6. Ordinance #2-14 Annexing Tract 1 into the Village of Decatur.
Nicola asked the Village Clerk to read Ordinance #2/14. To extend the boundaries and include within the corporate limits of, and annex to, the Village of Decatur, Burt County, Nebraska, a tract of real estate located within Section 1, Township 23 North, Range 10, East of the 6^th p.m., Burt County, Nebraska; to repeal all conflicting ordinances; and to provide for an effective date.

ORDINANCE NO. 2/14

 

AN ORDINANCE OF THE VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA, TO EXTEND THE BOUNDARIES AND INCLUDE WITHIN THE CORPORATE LIMITS OF, AND ANNEX TO, THE VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA, A TRACT OF REAL ESTATE LOCATED WITHIN SECTION 1, TOWNSHIP 23 NORTH, RANGE 10, EAST OF THE 6^TH P.M., BURT COUNTY, NEBRASKA; TO REPEAL ALL CONFLICTING ORDINANCES; AND TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA:
            Section 1.  It is hereby found and determined by the Chairperson and Board of Trustees:

1. There is a tract of land located in Section 1, Township 23 North, Range 10, east of the 6^th P.M., Burt County, Nebraska, more particularly described as follows:

A tract of land located in Section 1, Township 23 North, Range 10, east of the 6^th P.M., Burt County, Nebraska, being more particularly described as follows: Beginning at the most Easterly corner of Lot 12 of the Riverview Addition to the original Village of Decatur, Burt County, Nebraska, thence South 46°45’00” West, on the Southeasterly line of said Lot 12, a distance of 104.66 feet to the most Southerly corner of said Lot 12; thence South 39°15’00” East, on the extended Southwesterly line of said lot 12, a distance of 81.53 feet; thence North 46°45’00” East parallel with the Southeasterly line of said Lot 12, a distance of 116.27 feet to a point on the right bank of the designed channel of the Missouri River, thence North 47°25’00” West on the said right bank, a distance of 81.55 feet back to the point of beginning;

2. Said tract of land is adjacent to the corporate limits of the Village of Decatur, Burt County, Nebraska; is urban or suburban land; and is not agricultural land rural in character; and

 

3. The owners of said tract of land desire that it be annexed to the Village of Decatur, Burt County, Nebraska.

Section 2.  Therefore, the following tract of real estate is hereby annexed to and included within the corporate         limits of the Village of Decatur, Burt County, Nebraska, to wit:

A tract of land located in Section 1, Township 23 North, Range 10, east of the 6^th P.M., Burt County, Nebraska, being more particularly described as follows: Beginning at the most Easterly corner of Lot 12 of the Riverview Addition to the original Village of Decatur, Burt County, Nebraska, thence South 46°45’00” West, on the Southeasterly line of said Lot 12, a distance of 104.66 feet to the most Southerly corner of said Lot 12; thence South 39°15’00” East, on the extended Southwesterly line of said lot 12, a distance of 81.53 feet; thence North 46°45’00” East parallel with the Southeasterly line of said Lot 12, a distance of 116.27 feet to a point on the right bank of the designed channel of the Missouri River, thence North 47°25’00” West on the said right bank, a distance of 81.55 feet back to the point of beginning.

Section 3.  A certified copy of this ordinance shall be made and filed as provided by law for record in the offices of the County Clerk of Burt County, Nebraska, and County Assessor of Burt County, Nebraska.

Section 4.  Ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 5.  This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law.

 

PASSED AND APPROVED THIS 13th day of February, 2014.
James Nicola
                                                                        Chairperson of Board of Trustees

ATTEST:

Therese Magill
Village Clerk
Nicola asked if there were any questions?

Richards introduced Ordinance #2/14 .

Nicola seconded the motion to adopt Ordinance #2/14 .

Nicola asked for Roll Call Please: Bolln-yes, Tolby-yes, Warren-yes, Richards-yes, Nicola-yes.

Bolln moved for final passage on Ordinance # 2/14 .

Warren seconded the motion

Nicola asked  “Shall Ordinance #2/14 be passed and adopted?” Roll Call:

Village Clerk: Nicola-yes, Richards-yes, Tolby-yes, Bolln-yes, Warren-yes.

Nicola stated: Ordinance #2/14 has been passed by a majority of all members of the Council.
This Ordinance will be read at the next two meetings.
The reason for this Ordinance is due to the fact at the time of the Riverview annexation the Tract 1 was not in possession of Larry Rogers so it could not be annexed in the Village at that time.

8)         APPROPRIATIONS AND CONSIDERATIONS OF THE CLAIMS:

1) Claims preapproved by Bolln and Nicola

2) Motion to Approve Claims as Submitted

Richards  2nd Warren

Roll Call: Bolln-yes, Nicola-yes, Tolby-yes, Richards-yes, Warren-yes.

Are there any questions from the audience?
Alta Wolf asked about the 1% local option sales tax. Nicola stated the tax would be added to anything that is taxed now along with the standard 5.5% that is charged now. The total would be 6.5%. Nicola stated that the money collected from the local option sales tax would most likely be used for streets.

9)         MOTION TO ADJOURN THE MEETING

                Bolln 2nd Warren

ADJOURNMENT TIME 5:30 P.M.

 

James Nicola                                                                                                                                                               Chairman

Therese Magill

Village Clerk

 

 

 

 

 

 

 

 

Lyons Police Department Report

Mileage, 722

Fuel, 53.25

Citations: Parked more than 48 hours 1, unlicensed vehicle 3

Correctional: Expired plates 1, Head light violation 5, No insurance card 2, Taillight 2

Warnings: Carless Driving 3, No headlights after dark 1, Stop sign 2, Speeding 5

Calls: Civil Dispute 4, Prowler 1, Dog at large 4, Lady claims veterinarian trying to take her cat 1, 911 hang-up 2, Elderly person needing help up from floor 1, Juvenile not home yet 1, Vehicle reckless driving 2, Theft 2, Call for service 5, Intruder in home 1, Criminal mischief 2, Accident, 2

Assisted Burt County Sheriff: DUI, Watch for vehicle

Assisted Oakland Police: Lady intoxicated with a knife, Civil dispute 2

Received Assistance From Burt County Sheriff 1, Oakland P.D. 3

Car searches, 3

 

Lyons Police Department Chief

James P. Buck