A meeting of the Mayor and City Council of the City of West Point, Nebraska was convened in open and

MINUTES OF MEETING A meeting of the Mayor and City Council of the City of West Point, Nebraska was convened in open and public session at 7:00 o'clock...
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MINUTES OF MEETING A meeting of the Mayor and City Council of the City of West Point, Nebraska was convened in open and public session at 7:00 o'clock P.M. on November 3, 2015 in the Council Chambers at the Municipal Building in West Point, Nebraska. Present were: Mayor Johnson; Councilmembers: Paus, Ell, Swenson, Schlecht, and Hugo. Absent: Black. The Mayor called the meeting to order and stated that in accordance with State Statute Section 84-1412 the Open Meetings Act is posted on the north wall in the Council Chambers for public information. The Pledge of Allegiance was then recited. The Mayor asked if there was anyone present with business before the Council not on the agenda. Garry Clark, Executive Directors of Cuming County Economic Development, came forward and informed the Council of an activity planned for November 18th called Community Unity Hoops Games. Moved by Ell, seconded by Schlecht, to approve the following consent agenda: 1. 2. 3. 4. 5.

City appointed volunteer boards and commissions. Approval of minutes of previous meeting. Treasurer's report. Claims. Accept the membership of Jon Sparrow to West Point Fire Dept. Company #1 and accept the resignation of Joe Brown of West Point Fire Dept. Company #2. Motion carried. CLAIMS Payroll City of West Point Payroll Tax Fund Fremont National Bank and Trust Western Area Power Administration West Point Travel Plaza Central Valley Ag Wagner Tire & Repair Tom Swenson Advertising Hugo Plumbing & Heating Sapp Bros. City of West Point Payroll Tax Fund Fremont National Bank and Trust PetroMart

Employer FICA Retirement Contributions Power Service Service Service Service Serv/Supplies Service Employer FICA Retirement Contributions Service

200,544.77 5,064.45 2,601.07 11,870.76 73.99 612.29 194.35 692.00 1,006.98 2,720.74 5,201.75 3,162.12 134.38

Black Hills Energy Elkhorn Paving Construction Co. Constellation New Energy MEAN/NMPP NE Dept of Revenue United Healthcare Madison National Life Ins. Companion Life City of West Point Payroll Tax Fund Fremont National Bank and Trust Advanced Consulting Auto Value Parts Black Hills Energy Bomgaars Supply Cardmember Service Century Link Chamber of Commerce Cuming County Rural Water Cuming County Public Power Dinslage Small Engine Dugan Business Forms Dutton Lainson Co. EMS Billing Service Engelhardt TV The Farner Co. Inc. Floor Maintenance Franciscan Care Services Gale/GENGAGE Learning Gall's Inc. Gerhold Concrete Co. L. P. Gill Inc. Gill Hauling Graybeal's Food HD Supply Waterworks Hasler Total Funds Hawkins Inc. Ingram Jackson Services Inc. John A Stahl Library Kaup Seed & Fertilizer Kriz Davis Co. League of NE Municipalities Leisure Lawn Care Leslie's PoolMart Inc.

Service Paving Improvements Service Power Sales Tax Ins. Life Ins. Life Ins. Employer FICA Retirement Contributions Prof Services Supplies Service Supplies Service Service Service Service Wheeling Service Service Supplies Supplies Service Serv/Supplies Supplies Supplies Meal Service Books Supplies Serv/Supplies Tipping Fee Hauling Fee Supplies Supplies Postage Service Books Uniform Service Postage Supplies Supplies Conference Service Supplies

70.44 286,293.41 121.88 326,789.35 31,496.45 42,781.15 179.78 253.22 5,462.71 3,187.42 400.00 92.75 486.03 288.31 396.75 1,034.74 15,305.00 80.00 5,423.32 76.90 505.98 3,275.28 985.38 155.17 82.14 12,694.44 2,834.80 14.50 611.01 924.00 9,140.04 3,603.29 25.29 4,677.42 600.00 504.25 142.64 972.25 61.02 20.00 24,407.99 700.00 124.00 2,051.77

Mahaska Matheson Tri-Gas Inc. MicroMarketing LLC Midwest Labs Midwest Tape Nebraska Vet Services OfficeNet One Call Concepts Inc. Quality Printing & Supplies S & W Welding Schmader Electric Seals and Service Inc. Skywave Wireless Smidt's Sanitation Special Roads Fund Stalp Gravel State Public Health Environmental Lab Stigge Machine & Supply Verizon Business Verizon Wireless West Point Home Center West Point Implement West Point Library Foundation WPLW WPLW Operating Fund West Point News West Point Rescue Woerner's Garbage Service Yosten's True Value Baird Holm Bound Tree Medical Center Point Large Print Claritus Creative Xpressions Cuming County Clerk DEMCO Donner Industrial Development Elite Computers Equipment Services Inc. Fireguard Inc. Gene Steffy Green & Growing Garden Club Hofeling Enterprises Horizon Inn

Supplies Supplies Books Service Supplies Service Serv/Supplies Service Supplies Supplies Service Service Service Service Mechanic Charges Supplies Service Supplies Service Service Supplies Supplies Cash Adv Service Cash Adv Publication Costs Ambulance Charges Service Supplies Service Supplies Books Supplies Supplies Ec Dev Fee Supplies Service Service Supplies Service Serv/Supplies Supplies Service Marketing

487.80 75.25 253.42 78.15 168.60 489.65 151.40 66.90 1,143.38 82.90 4,505.00 39.08 139.50 177.00 710.36 271.76 1,048.00 129.24 85.23 302.18 32.38 295.51 1,236.10 25,550.25 2,903.07 455.47 1,114.00 225.00 1,348.22 198.00 892.83 43.14 207.56 103.60 5,000.00 95.58 60.00 48.00 51.79 712.00 852.54 390.00 6,500.00 240.00

HTC, Inc. IIMC Jack's Uniforms & Equipment Johnson Ag Dennis Mostek NE Neb. Economic Development Distr. OCLC, Inc. Olsson Associates Overdrive PCAN, Chief Tim Lordino Platte Valley Communications Postmaster Stan Houston Company Sunrise Excavating Co. Three Rivers Library System Woerman Construction

Supplies Membership Fee Supplies Service Training Prof Services Service Prof Services Books Membership Dues Supplies Permit Fee Supplies Service Training Service

10.42 155.00 52.46 1,500.00 425.00 952.80 36.17 4,635.61 52.98 30.00 240.00 225.00 799.00 5,700.00 5.00 2,002.00

The Mayor opened a public hearing on the application of Wagner Tire & Repair, LLC, for a loan from the City's Revolving Loan Fund in the amount of $50,000 for the purpose of purchasing new fuel pumps and to purchase a tire truck for the business located at 764 S. Lincoln Street. Jeff Christensen with Northeast Nebraska Economic Development District (NENEDD) was present and stated that NENEDD is administering this application and it is their recommendation to approve said loan. Wade and Peggy Wagner were present to answer any questions. The Revolving Loan Application Review Board considered the application and was forwarding a favorable recommendation. The Nebraska Department of Economic Development now requires that these funds be paid to a non-profit organization the purpose of which is to de-federalize the loan payments. No one appeared to speak in opposition of the loan request and no correspondence had been filed. The Mayor then closed the public hearing. Swenson introduced a resolution that the City hereby approves said application as presented in the amount of $50,000 which funds will be sub-granted to NED, Inc. who will then loan said funds to Wagner Tire & Repair, LLC. Schlecht seconded the motion. Motion carried and said resolution adopted. It was then moved by Swenson and seconded by Ell to waive the 1% application fee on this loan. Motion carried. The City Administrator advised the Council that Cable One wishes to extend the term of its franchise for a five year period beyond its current expiration date so it would then expire on July 1, 2031. Cable One is promoting

to make West Point one of their first Gigabit Cities. Following discussion, the matter was tabled until the Manager of Cable One could come to a meeting and discuss it further with the Council. Leanne Ritter of Advanced Consulting Engineering Services reviewed with the Council the necessary repairs needed for the grandstand in Neligh Park with the replacement of the front post supports with steel columns and correcting the drainage issue long the front by raising the floor and installing drain lines inside and along the front of the grandstand. The estimated costs for this was $76,010.00 plus an additional $10,000 for winterization. This does not include repairs to the roof which could be approximately $40,000. It was suggested to bid the roof repair two ways. One with a shingle roof and the other with a tin roof. Following discussion, Ell introduced a resolution to hire Advanced Consulting Engineering Services, as engineers for the improvements of the grandstand in Neligh Park and that the City Clerk be authorized to advertise for bids for said improvements which bids will be considered by the City Council on January 5, 2016 at 7:00 P.M. at the Municipal Building. Paus seconded the motion. Motion carried and said resolution adopted. The Council next discussed the placing of a sidewalk along Highway 275 from Wagner Tire & Repair to Dollar General. Leanne Ritter of Advanced Consulting Engineering Services presented two estimates for placing a sidewalk on the east side of Highway 275 from Garfield Street to Logan Street. One estimate, using the Safe Routes Program guidelines, was for $79,061.03. Safe Routes Nebraska is a federally funded program at the State level with funding at 80% and the City at 20% but this program also has several requirements such as the sidewalk must be 8 feet wide, 5 feet from the curb and an environmental review must be done because it involves federal money and thereby adding to the cost of the project. The other estimate being for a 6 foot sidewalk was for $52,157.80. Several of the property owners along the proposed route were present. Following discussion, the Council decided not to pursue the matter at this time and be open for any public input. The City Administrator advised the Council that the Fire Department has expressed an interest in acquiring the old fire station building at 131 E. Park Street for their use. The Fire Department has indicated that it would like to lease this building and they could take care of all building repairs and required maintenance including utilities. The Council had several unanswered questions on this and asked that a member of the Fire Department be at the next meeting to address these issues before proceeding.

The next item the Council was to discuss was the Land O’Frost facility which has a potential buyer that wants to use the facility as a hog slaughtering/processing plant. The City Administrator stated that he has spoken with Hanna:Keelan Associates, the firm that updated the City zoning regulations in 2012, concerning this property. He found out that if no external structural alterations are made which would expand the area or change the dimensions of the existing structure, any nonconforming use of the premises may be changed to another nonconforming use provided that the City, after receiving the recommendation of the Planning Commission, finds that the proposed use is appropriate. The City will need a formal plan from the potential buyer on any expansion of the facility to accommodate their intended use including the utility requirements. Also, when a nonconforming use is discontinued or abandoned for a period of twelve consecutive months, such use shall not thereafter be reestablished or resumed and any subsequent use of the premises shall comply with the regulations of the zoning district in which it is located. The City Administrator further stated that he was provided information from the potential buyer’s engineer regarding the wastewater discharges. According to the figures he was provided, the City’s wastewater treatment plant would not be capable of handling the proposed discharges. The treatment plant would require significant modifications to accommodate the proposed hydraulic and loading potential and there would probably also need to be improvements to the pretreatment process at the facility. Following discussion, the Council instructed the City Administrator to contact the potential buyer and Land O’Frost stating that any changes to expand the facility would need to come before the Planning Commission and the City Council and that the City will need a financial commitment to upgrade the wastewater treatment plant. The City Administrator advised that in August the Council passed a resolution approving new rental rates for the Nielsen Community Center effective January 1, 2016. The County-Non-Profit/Charitable/Funeral rates reflected in that resolution were set at a 50% reduction of the Events Rates. That new rate in some cases was lower than the current rate and therefore needs to be corrected. Following discussion, Paus introduced the following resolution and moved its adoption A RESOLUTION REGULATING THE RENTAL FEES FOR USE OF THE DONALD E. NIELSEN COMMUNITY CENTER IN THE CITY OF WEST POINT, NEBRASKA. WHEREAS, Section 1-1401 of the Municipal Code of the City of West Point, Nebraska provides that the City of West Point may own and manage a Community Center; and

WHEREAS, Section 1-1402 provides that for the purpose to defraying the expenses involved in maintaining, improving, managing, and beautifying the Community Center, the City Council shall prescribe and regulate rental fees for the use of the Community Center. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WEST POINT, NEBRASKA: Section 1. That pursuant to Section 1-1402 of the Municipal Code of the City of West Point, the following rental fees are to be charged for use of the Nielsen Community Center effective January 1, 2016: Holding Reservation Deposit . . . . . . .. . . . . . .. . . . ..$ 75.00 Refundable (subject to 60 days notice) Damage and/or Cleanup Deposit . . . . . . . . . . . . . . . Equal to Rent

Full Ballroom Ballroom A (N1/2) Ballroom B-E (S1/2) Ballrooms B&D or C&E

Events/ Receptions/ Meetings $1,100.00 $700.00 $550.00 $275.00

Commercial/ Business $1,400.00 $900.00 $700.00 $375.00

County-Nonprofit/ Charitable/ Funerals $550.00 $350.00 $275.00 $200.00

$225.00 $175.00 $100.00 $85.00 $155.00 $125.00 $175.00 $225.00

$300.00 $225.00 $110.00 $95.00 $175.00 $125.00 $175.00 $300.00

$150.00 $125.00 $70.00 $55.00 $125.00 $125.00 $175.00 $225.00

(1/4 of Facility

Ballrooms B or C Ballrooms D or E Large Meeting Room Small Meeting Room Both Meeting Rooms Kitchen A (S1/2) Kitchen B (N1/2) Foyer area

Setup Rates --- $150 per half or $350 for Full Ballroom 88888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888

 Out of County Non-profit -- rental rate is a 10% reduction of the Events/Receptions/Meetings Rates. (excludes kitchen & foyer rent and setup rates) 88888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888

Northeast Community College – Hourly Rates: effective January 1, 2016 Full Ballroom Not Available Ballroom A (N1/2) $35.00/hr Ballroom B-E (S1/2) $35.00/hr Ballrooms B&D or C&E $35.00/hr (1/4 of Facility) Ballrooms B or C $20.00/hr Ballrooms D or E $20.00/hr Large Meeting Room $20.00/hr

Small Meeting Room Both Meeting Rooms Kitchen A (S1/2) Kitchen B (N1/2) Other Rentals:

Projector Screen Portable stage

$20.00/hr $20.00/hr $20.00/hr $20.00/hr $75 $50 $25/platform 6’x 8’(total of 6) $15/platform 4’x 8’(total of 8)

Section 2. That all resolutions or parts of resolutions passed and approved prior to the passage and approval of this resolution and in conflict herewith are hereby repealed. Schlecht seconded the motion. Motion carried and said resolution adopted. The City Administrator advised the Council that the Police Department is scheduled for a new vehicle this fiscal year and was seeking authority to proceed with bidding a new vehicle with the option of trading in the 2009 Ford Expedition. Schlecht introduced a resolution that a new vehicle for the Police Department be approved with the option of trading in the 2009 Ford Expedition and that the City Clerk be authorized to advertise for bids.. Ell seconded the motion. Motion carried and said resolution adopted. The Council then discussed renewing the farm lease with Rick Grovijohn covering city property east of the waste water lagoons and an area east of the Public Works Building being approximately 15 acres for $1,325.00. Following discussion, it was moved by Paus to renew the lease under the same terms. Motion failed for lack of a second. It was then moved by Schlecht and seconded by Swenson, to renew the Farm Lease between the City and Rick Grovijohn for one year with cash rent in the sum of $1,500.00. Motion carried. The Council then considered the Annual Maintenance Agreement between the Nebraska Department of Roads and the City relating to the responsibilities/maintenance of the highways within the municipality. Moved by Schlecht, seconded by Ell, to approve the Annual Maintenance Agreement with the Nebraska Department of Roads for the period of January 1, 2016 to December 31, 2016. Motion carried. Moved by Swenson, seconded by Paus, to approve the following applications for Special Designated Liquor Permits under the Nebraska Liquor Control Act: (a) West Point Auditorium Foundation for a Dance on November 25, 2015. (b) Roadhouse Lounge for the Franciscan Care Services Holiday Dinner on December 4, 2015. (c) Rush’s Liquor Store for the West Point Community Theatre Christmas Concert on

December 5, 2015. (d) Roadhouse Lounge for the West Point Auditorium Foundation Dance on December 12, 2015. (e) Rush’s Liquor Store for the West Point Volunteer Fire Department New Year’s Eve Dance on December 31, 2015. Motion carried. Moved by Schlecht, seconded by Paus, to approve the claim of Hugo Plumbing & Heating for services and supplies in the amount of $6,107.18. Motion carried. Ell introduced a resolution to approve Change Order No. 1 and Payment No. 1 to MS Construction, Inc. for the Nielsen Center Parking Lot Improvements in the amount of $128,626.41. Schlecht seconded the motion. Motion carried and said resolution adopted. Moved by Schlecht, seconded by Paus, to adjourn at 8:40 o'clock P.M. Carried. Mary Kempf, MMC City Clerk

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