VILLAGE OF DECATUR REGULAR BOARD MEETING November 16th, 2023 @ 5:30 PM NOTE: Everyone must use the microphones at the table. The audience must be quiet during the meeting. If you want to ask a question and you are not on the agenda, you must raise your hand, get permission from the Chairman, and come to the microphone before speaking. If you are on the agenda the same rule applies. THE VILLAGE BOARD HAS THE RIGHT TO MODIFY THE AGENDA AT THE REGULAR MEETING WHEN CONVENED. MEETING IS OPEN TO THE PUBLIC. A COPY OF THE OPEN MEETINGS ACT IS LOCATED ON THE NORTH WALL. A COPY OF THE MEETING NOTICE WAS POSTED AT THE CITY HALL, POST OFFICE, FIRST NEBRASKA BANK, AND DECATUR EXPRESS. The guests signing in were: Stan Teutsch, Greg & Amy Jump, Patty Mohr, David Branch (Cuming County Economic Development. 1) REGULAR MEETING CALLED TO ORDER BY CHAIRMAN SIECKE Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Troutman-yes, Warren-yes. Quorum Present-yes 2) EXCUSE BOARD MEMBERS NOT ATTENDING THE MEETING: All were present. 3) AGENDA AND MINUTES OF THE PREVIOUS MONTH'S MEETING RECEIVED: Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Troutman-yes, Warren-yes. 4) APPROVAL AND/OR CORRECTION AND SUSPENDED READING OF THE PREVIOUS MONTH MINUTES. Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Troutman-yes, Warren-yes. 5) REPORTS OF OFFICERS, BOARDS AND OR COMMITTEES: 1) Police: Monthly Report for October 2023: 1. 3 Traffic Stops. 2 Arrests. 3. Public Event. A. Remove Tristen Kautman from Police Roster. Troutman made a motion to remove Tristen Kautman from the police roster. Kirschenman seconded the motion. Roll Call: Hightree-yes, Siecke-yes, Warren-yes, Troutman-yes, Kirschenman-yes. B. Purchase Taser. Chief Bang left information for the Board to purchase a refurbished Taser for the Police Department. This includes the taser, battery, charger and cartridges with a one-year warranty for $899.00. This would give the department a tool to use between hands on and deadly force. Hightree made a motion to purchase the taser and the necessary equipment, and one-year warranty for the price of $899.00. Troutman seconded the motion. Roll Call: Kirschenman-yes, Siecke-yes, Warren-yes, Hightree-yes, Troutman-yes. 2) Lights: Monthly Report A. No meters pulled. Contacted REA about setting the pole at the ballpark. The new poles for the Christmas Swag will be set this weekend. 3) Water & Sewer: Monthly Report A) Water Loss Report. .63% water loss. B) Layne has been here and installed the new meter. C) Met with Garret Johnson on Friday to go over the 2nd Avenue Sewer Project. Garrett is going to reach out and get his own prices for the pumps for the lift station. He will contact Sioux City Holdings for the specifications. 4) Parks: Monthly Report. A) October Income of $5,830.92. Both shower houses have been winterized. There are two dead Ash Trees that need to be taken down in the spring. Siecke stated that we need to have all of the Ash Trees looked at again in the spring. 5) Streets: Monthly Report: A) November Hwy Allocation-$7,252.39. B) August Sales Tax-$9,431.08, Half to LB840. Kirschenman asked about the crack in the asphalt on the south side of the Broadway Bridge that needs some filler. Warren stated that this is where the company drilled for their environmental testing. 6) Sears Center: Monthly Report West Door will not lock. There is a piece that is not working. The part is on order. Johnson Control bill for the Sears Center. This was the work on the alarm system that was done after the post indicator valve was replaced. The amount is $3,547.48. The Foundation would like the Board to preapprove those bills before they submit the invoice. Troutman made a motion to approve the Johnson Control bill in the amount of $3,547.48. Hightree seconded the motion. Roll Call: Kirschenman-yes, Siecke-yes, Warren-yes, Hightree-yes, Troutman-yes. The alarm is not working on the fire door between the hall and the Senior Center. The clerk has spoke to the door people and the fire alarm people and they both state that they can not fix it. 6) OLD BUSINESS: 1. Tree Trimming Bid-Beatty Tree Service. Don Warren and Wayne Hightree drove around and looked at all the trees that were listed on Beatty Tree Service’s bid. They discussed the tree that is in the alley between 8th and 9th street. This was tabled again until the December meeting. 2. Contract from Burt County Public Power for Replacing Pole at the Ball Field and Monthly Charge. 3. Bid from Justice Fire for Inspections for the City Hall and the Sears Center. Troutman made a motion to approve the bid from Justice Fire & Safety in the amount of $4,092.00. This includes the City Hall, Sears Center and all fire extinguishers at all locations. This does not include labor or materials cost to repair discrepancies found during inspections. Troutman made a motion to approve the bid from Justice Fire. Warren seconded the motion. Roll Call: Kirschenman-yes, Siecke-yes, Hightree-yes, Troutman-yes, Warren-yes. 4. Ordinance 10-2023-Conex Containers. Chairman Siecke read Ordinance#10-2023. ORDINANCE # 10-2023 AN ORDINANCE OF THE VILLAGE OF DECATUR, NEBRASKA, AMENDING THE VILLAGE’S ZONING ORDINANCE AND REGULATIONS TO PROHIBIT “CONEX” CONTAINERS WITHIN THE RL AND RH ZONING DISTRICTS WITHIN THE CORPORATE LIMITS OF THE VILLAGE; PROVIDING ABATEMENT PROCEDURES AND FOR COSTS OF REMOVAL AND A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Planning Commission, after duly giving public notice, held a public hearing on September 13, 2023, for consideration of an amendment to the Village’s zoning regulations to regulate, limit, and prohibit the placement and use of shipping, cargo, “CONEX,” or such similar containers within the Village’s zoning jurisdiction; WHEREAS after its public hearing and meeting, the Planning Commission recommended the Board of Trustees adopt the amendment; and WHEREAS the Board of Trustees, after duly giving public notice, held a public hearing on October 12, 2023, received the above-mentioned recommendation of the Planning Commission, and itself considered whether said amendment should be made, and, if so, on what terms and conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA: SECTION 1. The Village’s zoning ordinance and regulations are hereby amended to provide as follows: CONEX CONTAINERS PROHIBITED A. It is the intent of this section to limit, except as provided herein, the placement and use of any “CONEX” container as an accessory building, storage building, or living unit within the Village’s Residential—Low Density (RL) and Residential—High Density (RH) Districts within the Village’s corporate limits. This limitation is to protect the public health and safety of the Village. B. No person shall place or cause to be placed or use or permit the use of any “CONEX” container as an accessory building, storage building, or living unit within the Village’s Residential—Low Density (RL) and Residential—High Density (RH) Districts within the Village’s corporate limits. C. This section shall apply to all “CONEX” containers, except those already placed, existing, or in use as of the date of the passage of this section, which shall be grandfathered in as permitted notwithstanding the terms and provisions of this section. D. Whenever the zoning administrator or Board of Trustees determines there is a “CONEX” container prohibited by this section located within the Village’s Residential—Low Density (RL) or Residential—High Density (RH) zoning District that is within the Village’s corporate limits, the zoning administrator or Village Clerk shall cause written notice to be served upon the owner and occupant of the property on which the trailer or container is located by registered U.S. mail or by personal service. Such notice shall state that the container shall be removed within ten (10) business days from the date of receipt of notice. E. If the owner or occupant of the property fails to comply with the order to abate and remove the container within ten (10) business days from receipt of the notice to abate, the Village may have such work done and the cost and expense of such work shall be paid by the owner or occupant of the property. If unpaid for two (2) months after such work is done, the Village may either levy and assess the costs and expenses of the work upon the property so benefited in the same manner as other special taxes for improvements are levied and assessed, or recover in a civil action the costs and expenses of the work. This shall be in addition to any and all penalties generally provided for violation of the Village’s zoning ordinance and regulations. SECTION 2. All ordinances and sections thereof 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. Warren made a motion to approve Ordinance 10-2023 and to waive the 3 readings. Hightree seconded the motion. Roll Call: Kirschenman-yes, Troutman-yes, Siecke-yes, Warren-yes, Hightree-yes. Passed and approved this 16th day of November, 2023. VILLAGE OF DECATUR, NEBRASKA, Mark A Siecke Chairperson ATTEST: Therese M Magill Village Clerk 5. Revised bill from North Sioux City Holding. $41,874.49 revised amount $29,253.12. Received a revised bill from North Sioux City Holdings, in the amount of $29,253.12. Siecke stated that the Village needs some kind of agreement that they will come back and fix the driveways and finish the dirt work. Hightree made a motion to approve the $29,253.12 with a signed agreement that the driveways and dirt work will be finished properly. Troutman seconded the motion. Roll Call: Kirschenman-yes, Warren-yes, Siecke-yes, Hightree-yes, Troutman-yes. 7) NEW BUSINESS 1. Greg Jump-LB840 Application. Greg and Amy Jump came to the table. They purchased the grocery store. The front half is going to be a bait and tackle shop and the back half they are making into 2-1-bedroom apartments. They are asking for $20,000.00 from the LB840 Fund to finish the apartments. The total cost is $40,000.00, they are asking for half of the cost. Hightree made a motion to approve $20,000.00 grant to Greg and Amy Jump for installing 2-1- bedroom apartments in the back half of the building. Kirschenman seconded the motion. Roll Call: Siecke-yes, Warren-yes, Troutman-yes, Hightree-yes, Kirschenman-yes. 2. Joyce & Larry McCullock-LB840 Application. Joyce and Larry McCullock submitted a bid for constructing a road to their property. The bid includes instillation of tile to build alleyway, 200’ 6” tile, 20 ton of pea gravel, Use of a 320 excavator, use of a D6 dozer, and trip charge. Total bid is $10,550.00. Hightree made a motion to grant Joyce and Larry McCullock a grant from LB840 in the amount of $10,550.00. Troutman seconded the motion. Kirschenman-yes, Warren-no, Siecke-yes, Hightree-yes, Troutman-yes. 3. Mosquito Control of Iowa The gentleman from Mosquito Control was not able to make it to the meeting. He is scheduled to be at the December 14th meeting. Troutman made a motion to pay the $2,415.00 to Mosquito Control for services already rendered. Hightree seconded the motion. Roll Call: Kirschenman-yes, Warren-yes, Siecke-yes, Troutman-yes, Hightree-yes. 4. Insurance Jeff Zacharia Health and Life Insurance Broker. There is no cost for him being the Village insurance broker. 5. David Branch-Cuming County Economic Development -Cuming & Burt County Public Transit Options (Franciscan Healthcare). David came to the table and explained the program to the Board members. The information about this program is available to look at in the Village Office. The cost for the Village would be $1,500.00 per year for a 3-year commitment, there will be an interlocal agreement to sign in early 2024. Warren made a motion to join the program, and pay the $1,500.00 per year for a 3-year commitment with a total of $4,500.00. Kirschenman seconded the motion. Roll Call: Hightree-yes, Siecke-yes, Troutman-yes, Warren-yes, Kirschenman-yes. 6. Grace Jump-Camper Letter. She would like to move the camper to the west side of her property due to her not having a back yard. The board all agreed that no one can live in their camper, so the answer is no and we have an Ordinance that states that you can only store a camper in the rear yard. 7. Bid for Water Tank Lining. Tank Maintenance Solutions gave the Village a bid for Resealing the inside of the water reservoir, overflow adjustments, hatch weather stripping, and roof hole repair in the amount of $87,620.00 with a payment of 30% be fore work begins. The Village will have to empty the tank of all the water before the sealant can be applied. The Board discussed possibly doing this work in the spring. Troutman will contact the company and ask how long the bid is good for. There have been two water leaks found, one has been repaired, the other we are waiting for parts. 8. Bid for Removing & Replacing Intake on South Broadway and West 10th Street. The Village received a bid from TR Harris Construction Inc to remove and replace intake on South Broadway and West Tenth Street with cast iron curb grate in the amount of $6,300.00. Warren made a motion to approve the bid from TR Harris for replacing intake on South Broadway and West 10th Street in the amount of $6,300.00. Kirschenman seconded the motion. Roll Call: Hightree-yes, Troutman-yes, Siecke-yes, Warren-yes, Kirschenman-yes. 9. Bid from Boden Construction for remodeling basement kitchen. The Board discussed the bid from Boden Construction for remodeling the basement kitchen, in the amount of $99,000.00. This includes fixing walls, new cabinets, countertops, new flooring new appliances. Hightree went to the Future of Decatur Foundation to ask for the money to do the improvements. The Board asked to get another bid. 10. LB840 Question. The Village has been putting in 50% of the Sales Tax into the LB840 account. Our total Sales Tax is 7.5%. The Village has a 1% local sales tax that goes into the street fund, 1% local sales tax that goes into the LB840, the remainder goes into the general fund. The Auditors will help getting the sales tax back into the right accounts. 11. Skylar McMullin-90 Day Probation. Siecke did not understand this. He stated that part-time people do not have a probation period. The Board needs more information. 12. Deposit for Hall. The Board discussed charging the churches a deposit for using the basement for their fundraisers. They do not clean up after their bazaars. Siecke stated that the churches usually pay the person to clean it up. Siecke will find out. 8) CORRESPONDENCE AND ANNOUNCEMENTS 1. Next Regular Board Meeting Thursday, December 14th, 2023 at 5:30 PM. Siecke stated that the new Ford F-350 is on a train coming from Kentucky to be delivered in Omaha. He asked the Board if they wanted to finance the truck with a down payment? He stated at least $10,000.00 down payment. The cost of the truck is $50,000.00. Warren made a motion to put $10,000.00 on the new pickup. Troutman seconded the motion. Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Warren-yes, Troutman-yes. Troutman asked about the mount for the snow blade. It is on order. 2. Update Missouri River Bridge and Email. Looking for Representative. Siecke stated he would be the representative. There will be a meeting on January 18th, 2024 from1-4 pm at the Onawa Community and Recreation Center. 3. Are there any questions or comments from the audience? There were none. 9) APPROPRIATIONS AND CONSIDERATION OF THE CLAIMS: 1) Claims preapproved by Hightree and Warren. 2) Troutman made a Motion to Approve the Claims as submitted. Kirschenman seconded the motion. Roll Call: Hightree-yes, Siecke-yes, Warren-yes, Troutman-yes, Kirschenman-yes. 10) MOTION TO ADJOURN THE REGULAR MEETING: Motion to adjourn the meeting: Troutman made a motion to adjourn the meeting. Warren seconded the motion. Adjournment Time 7:27 PM A thank you card was received from the Frese family for the flowers that were sent to the funeral service. Mark Siecke Chairman Therese M Magill Village Clerk CLAIMS REPORT- November 2023 AgriVision-$184.93, Blue Cross Blue Shield-$4,057.94, Bomgaars-$619.35, Border States-$788.73, Burt County Public Power-$25,370.91, Burt County Public Power-$4,044.00, Burt County Treasurer-$144.05, Chem75-$864.00, CNH Capitol-$334.51, Decatur Express-$538.42, First Nebraska Bank-$2,172.00, Floor Maintenance-$36.00, Hometown Leasing-$173.23, Johnson & Mock-$744.52, Johnson Control-$3,547.48, Joyce McCullock-$295.50, King Disposal-$3,857.00, Knife River-$103,615.49, Layne Granite-$6,542.81, Lyons Mirror-Sun-$209.31, Midwest Labs-$353.57, Mosquito Control of Iowa-$2,415.00, Mutual of Omaha-$28.80, NDEE-$230.00, Nebraska Department of Revenue-$4,427.18, Nebraska Public Health Lab-$22.00, NNTC-$504.57, Northeast Schools-$1,200.00, One Call Concepts $5.56, Office Solutions-$210.43, O’Reilly Auto Parts-$189.73, POAN Membership-$20.00, Quadient-$119.29, Rasmussen Lumber-$60.47, SignaPay-$9.97, Sunbelt Solomon-$1,951.00, Utilities Section League-$195.00, Verizon Wireless-$179.05. Total Accounts Payable-$170,261.80 Payroll Checks/FICA/State Taxes-$17,290.40 10/7/2023 through 11/03/2023. Report Total-$187,552.20. ZNEZ LMS 11-30-23
