Minutes of a Waverly City Council Meeting Held On February 13th, 2018

Mayor Mike Werner called the meeting to order at 7:00 p.m. and referenced the Open Meetings Act Poster at the entrance of the Community Meeting Hall. Council Members Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen were present. Other City Officials present were City Attorney Mark Fahleson, City Administrator Stephanie Fisher and City Clerk/Treasurer Clinton Hlavaty. Also present were Phil Lorenzen, Deputy Dustin Buchheister, Brandon Koll and the News Reporter Michael Wunder. Notice of the meeting and agenda were given to the Mayor and all Members of the City Council prior to the meeting. Notice of the meeting was posted at Russ’s Market Express, the US Post Office and the City Office.

APPROVAL OF THE CONSENT AGENDA

The following items are considered to be routine by the City Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member or a Citizen so requests, in which event the item will be removed from the Consent Agenda Status and considered in its normal sequence on the Agenda: Approval of Minutes of the January 23, 2018 City Council Meeting. It was moved by Council Member John Hestermann and seconded by Council Member Chad Neuhalfen to approve the Consent Agenda. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann, Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

PUBLIC HEARINGS

Mayor Werner opened the Public Hearing at 7:01 p.m. No comments were heard. The Public Hearing was closed at 7:02 p.m.

PUBLIC COMMENT

Brandon Koll stated that BEK Consultants, the contractors installing the East Trunk Sewer Line, had been working late into the evening and the noise is bothersome. He asked if the City could have the contractors end their workdays at a reasonable time.

CLAIMS FOR PAYMENT It was moved by Council Member John Hestermann and seconded by Council Member Chad Neuhalfen to approve the following Claims: $90,292.43 The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann, Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

INTRODUCTION OF ORDINANCES

None.

INTRODUCTION OF RESOLUTIONS CONSIDERATION OF RESOLUTION18-02 TO APPROVE THE 457(B) PLAN DESIGN FOR THE CITY OF WAVERLY.

Council member John Hestermann moved to introduce and adopt the following resolution: RESOLUTION 18-02

A RESOLUTION OF THE CITY OF WAVERLY, NEBRASKA AUTHORIZING THE MAYOR TO ENTER THE CITY OF WAVERLY INTO AN AGREEMENT WITH BENEFIT PLANS, INC. FOR THE PROVISION OF A GOVERNMENT ELIGIBLE 457 PLAN AS DESCRIBED IN SAID AGREEMENT

WHEREAS, the City of Waverly currently has a Section 457 Salary Reduction Contributions/Employer Contributions Plan (the “Plan”), and wishes to restate the Plan effective January 1, 2018 with a substitution and amendment in the form of an Eligible 457 Prototype Plan Salary Reduction Contributions/Employer Contributions Adoption Agreement (the “Agreement”), attached hereto as Exhibit A;

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF WAVERLY, NEBRASKA:

SECTION 1: The Mayor is hereby authorized to execute, on behalf of the City of Waverly, the Agreement between the City of Waverly and Benefit Plans, Inc. for the provision of the Plan as provided in the Agreement, subject to the Mayor being satisfied with the final terms of the Agreement.

SECTION 2. All other resolutions or parts of resolutions in conflict herewith are hereby repealed.

Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann, Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION OF RESOLUTION 18-03 ACCEPTANCE OF THE WORK AND FINDING COST OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NOS. 2016-1, 2016-2, 2016-3 AND 2016-5. Council member John Hestermann moved to introduce and adopt the following resolution:

RESOLUTION 18-03

RESOLUTION ACCEPTING THE WORK AND THE CERTIFICATES OF THE CITY’S ENGINEERS IN STREET IMPROVEMENT DISTRICT NOS. 2016-1, 2016-2, 2016-3 and 2016-5 IN THE CITY OF WAVERLY, NEBRASKA.

WHEREAS, the City of Waverly, Nebraska did heretofore enter into contract with TCW Construction, Lincoln, Nebraska, for the construction of improvements in Street Improvement District Nos. 2016-1, 2016- 2, 2016-3 and 2016-5, which contracts were duly approved by the Mayor and City Council and executed in accordance with such action.

WHEREAS, the contracts for the work in Street Improvement District Nos. 2016-1, 2016-2, 2016-3 and 2016-5, have now been fully completed according to the terms and stipulations of the plans and specifications according to the reports and recommendations of the City’s Engineers, Speece | Lewis.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Waverly, Nebraska, that the progress pay requests and other certificates of completion and the recommendations of acceptance by the City's Engineer and the work completed in Street Improvement District Nos. 2016-1, 2016-2, 2016-3 and 2016-5, be and hereby are accepted, and that the improvements constructed under the contract referred to above and the City Engineer’s final statements of cost relative to said Districts be and hereby are accepted.

Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann, Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION OF RESOLUTION 18-04 ACCEPTANCE OF THE WORK AND FINDING COST OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO 2016-4 (BLUFF ROAD-LANCASTER COUNTY INTERLOCAL)

Council member John Hestermann moved to introduce and adopt the following resolution:

RESOLUTION 18-04

RESOLUTION ACCEPTING THE WORK AS COMPLETED, FINDING AND DETERMINING THE FINAL COSTS IN STREET IMPROVEMENT DISTRICT NO. 2016-4 IN THE CITY OF WAVERLY, NEBRASKA, AND RATIFYING, CONFIRMING AND APPROVING ALL PRIOR ACTIONS OF THE MAYOR AND COUNCIL, CITY ADMINISTRATOR AND CITY CLERK RELATIVE TO SAID STREET IMPROVEMENT DISTRICT NO. 2016-4

WHEREAS, the City of Waverly, Nebraska did heretofore enter into an inner-local agreement and contract with the County of Lancaster, in the State of Nebraska, for the construction of improvements in Street Improvement District No. 2016-4, which interlocal agreement and contract were duly approved by the Mayor and City Council and executed in accordance with such action.

WHEREAS, the contract for the work in Street Improvement District No. 2016-4, has been fully completed according to the terms and stipulations of the plans and specifications and the interlocal agreement and contract according to the reports certificates and findings of the City and of Lancaster County.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Waverly, Nebraska, that the pay requests and other certificates of completion and the work completed in Street Improvement District No. 2016-4, be and hereby are accepted, and that the improvements constructed under the contract referred to above and the statements of final cost relative to said District are hereby accepted; and, ratifying, confirming and approving all prior actions of the Mayor and Council, City Administrator and City Clerk relative to Street Improvement District No. 2016-4.

Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann, Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION OF RESOLUTION 18-05 ACCEPTANCE OF THE WORK AND FINDING OF COST IMPROVEMENTS IN STORM WATER SEWER DISTRICT NO. 2016-1 (BLUFF ROAD CULVERT AND DRAINAGE)

Council member John Hestermann moved to introduce and adopt the following resolution: RESOLUTION 18-05

RESOLUTION ACCEPTING THE WORK IN STORM WATER SEWER DISTRICT NO. 2016-1 IN THE CITY OF WAVERLY, NEBRASKA

WHEREAS, the City of Waverly, Nebraska heretofore entered into contract with T.J. Osborn Construction, Lincoln, Nebraska, for the construction of certain storm water sewer improvements in Storm Water Sewer District No. 2016-1, which contract was duly approved by the Mayor and City Council and executed in accordance with such action.

WHEREAS, the contract for the work in Storm Water Sewer District No. 2016-1, has been completed and the improvements constructed relative to such contracts have been placed in service according to the terms and stipulations of the plans and specifications according to the reports and recommendations of the City’s Engineers.

WHEREAS, work has been performed in Storm Water Sewer District No. 2016-1 as certified and set out in various progress reports presented to the City by the City’s Engineers, JEO Consulting Group, Inc., which certificates and progress pay estimates have been accepted and approved by the City, payment having been made for such work by the City.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Waverly, Nebraska, that the certificates of completion and the recommendations of acceptance by the City's Engineer and the work performed in said Sanitary Sewer District No. 2016-1 be and now are hereby accepted, and that the improvements constructed under the contracts referred to above be and now are hereby accepted as hereinbefore set out; and

BE IT FUTHER RESOLVED by the Mayor and City Council, that the City now has the authority to issue, and may cause to be issued the bonds of the City to permanently fund the costs of improvements in Storm Water Sewer District No. 2016-1 and to redeem and retire previously issued and outstanding Bond Anticipation Notes, Series 2016 and issued to pay a portion of the interim construction costs of said improvements.

Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann, Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

INTRODUCTION OF BUSINESS AND COMMUNICATIONS

DISCUSSION AND APPROVAL OF UPDATED UNDERWRITING ENGAGEMENT LETTER, DA DAVIDSON & COMPANY.

Council Member John Hestermann moved to approve the Updated Underwriting Engagement Letter for DA Davidson & Company. Council Member Chad Neuhalfen seconded the motion. Phil Lorenzen with DA Davidson & Co. spoke to the Council and stated this is the same agreement as in years past. It provides services through 2020, if needed. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

SHERIFF’S REPORT

Council Member John Hestermann moved to allow the Sheriff’s Department present their report at this time. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0. Deputy Dustin Buchheister of Lancaster County Sheriff’s Department gave a report of calls for last 30 days. There were three accidents due to the weather, four deaths, one narcotics, one fraud, one adult missing person and several other minor calls. LSO made on arrest for DUI that a local citizen had called in. The offender had an extremely high blood alcohol level and was on a suspended license. Deputy Buchheister commented that the citizen calling in prevented any other negative results of the impaired driver being on the roads and is thankful for active community members. There was a suicide off of the overpass. ATV use is starting again and he reminded people to be aware of the rules for ATV use.

CONSIDERATION OF RETAINING THE SERVICES OF FAUGHN ELECTRIC TO PROVIDE ELECTRICAL WORK FOR REMODELING THE CITY COUNCIL CHAMBERS.

Council Member John Hestermann moved to approve hiring Faughn Electric to provide electrical work for remodeling the City Council Chambers. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION OF 50 PERCENT COST SHARE WITH LOWER PLATTE SOUTH NATURAL RESOURCES DISTRICT FOR THE SCOPE OF SERVICES WITH OLSSON ASSOCIATES FEMA LOMR SUBMITTAL.

Council Member John Hestermann moved to approve a 50 percent cost share with Lower Platte south Natural Resources District for the Scope of Services with Olsson Associates FEMA LOMR Submittal in the amount of $10,100. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION OF APPROVING THE AGREEMENT WITH WAVERLY LEGION BASEBALL FOR THE USE OF LAWSON PARK FIELD AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT.

Council Member John Hestermann moved to approve the Agreement with Waverly Legion Baseball for the use of Lawson Park Field and authorize the Mayor to sign the Agreement. Council Member Hestermann encouraged the Park Committee to revisit the fees charged to the Legion for field use and recommended the Legion be notified of future revisions before contract negotiations next year. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION AND APPROVAL OF RIGHT OF WAY AND EASEMENT PURCHASE FROM MLI, LLC GENERALLY LOCATED EAST OF 148TH STREET AND NORTH OF HIGHWAY 6.

Council Member John Hestermann moved to approve a Right of Way and Easement Purchase from MLI, LLC generally located east of 148th and North of Highway 6 in the amount of $26,045.00. This replaces the Right of Way and Easement Purchase approval from the January 23, 2018 Council Meeting due to a change in the calculation of square footage. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION AND APPROVAL OF PERMANENT EASEMENT PURCHASE FROM SHIRLEY SCHUTTE GENERALLY LOCATED EAST OF 148TH STREET AND NORTH OF HIGHWAY 6.

Council Member John Hestermann moved to approve a Permanent Easement Purchase from Shirley Schutte generally located east of 148th Street and north of Highway 6 in the amount of $6,500.00. This replaces the Temporary Easement Purchase and Permanent Easement Purchase approval from the January 23, 2018 Council Meeting due to a lack of need for the Temporary Easement Purchase. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION AND APPROVAL OF PERMANENT EASEMENT AND TEMPORARY EASEMENT PURCHASE FROM ROCA LAND & CATTLE COMPANY GENERALLY LOCATED EAST OF 148TH STREET AND SOUTH OF HIGHWAY 6.

Council Member John Hestermann moved to approve a Permanent Easement Purchase and a Temporary Easement Purchase from Roca Land and Cattle Company generally located east of 148th Street and south of Highway 6 in the amount of $1,200.00. This replaces the Temporary Easement Purchase and Permanent Easement Purchase approval from the January 23, 2018 City Council Meeting due to a change in the agreed upon final price. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

RATIFICATION OF NOTICE TO PROCEED FOR THE 2017 EAST TRUNK SEWER LINE, JEO PROJECT NO. 160307.00.

Council Member John Hestermann moved to approve the ratification of Notice to Proceed for the 2017 East Trunk Sewer Line, JEO Project No. 160307.00. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION AND APPROVAL OF TEMPORARY CONSTRUCTION EASEMENT PURCHASE FROM MONNINGTON FARMS, LLC AND CLEMANDY, LLC GENERALLY LOCATED EAST OF 148TH STREET AND NORTH OF HIGHWAY 6.

Council Member John Hestermann moved to approve of a Temporary Construction Easement Purchase from Monnington Farms, LLC and ClemAndy, LLC generally located East of 148th Street and north of Highway 6 with the final legal language to be approved by the City Attorney and City Administrator for an amount not to exceed $1,500.00. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION AND APPROVAL OF THE STANDARDIZED SYSTEM OF ANNUAL REPORTING (SSAR) ROADS AND STREETS CERTIFICATION AND AUTHORIZE THE MAYOR TO SIGN.

Council Member John Hestermann moved to approve the Standardized System of Annual Reporting (SSAR) Roads and Streets Certification and authorized the Mayor to sign. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

CONSIDERATION AND APPROVAL OF CHANGE ORDER NO. 1 FOR EAST TRUNK SEWER LINE, JEO PROJECT NO. 160307.00 FOR A NOT TO EXCEED AMOUNT OF $20,000 FOR THE PURPOSE OF 8 INCH STUBS AT MANHOLE STATIONS 29 AND 40.

Council Member John Hestermann moved to approve Change Order No. 1 for East Trunk Sewer Line, JEO Project No. 160307.00 for the installation of 8 inch stubs at manhole station 40 for a not to exceed amount of $10,000.00. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

COMMITTEE REPORTS

Human Services (Parks and Recreation): Council Member Joe Dalton said Soccer and Summer ball registrations are going well. Almost 400 children have signed up to play sports through our City programs. In line with that, most all of the ballfields have been reserved for practices for the season.

Public Works (Utilities and Streets): Council Member Chad Neuhalfen stated that there has been a great amount of time spent on Carlson Court to remove tree roots from the sewer line. Administrator Fisher added that this sewer line will be added to next year’s budget for cured in place lining to prevent further issues. Public Works Director Whyman continues to update the GIS system and is providing this information to Allo Communications. Information regarding the 2018 Street Project has been added to the City website. The culvert pipe on 134th Street is installed.

Public Health (Fire and Safety): Council Member John Hestermann asked that the snow be removed from the Fire Department parking lot in a more timely manner. Repairs were made to the HVAC system at the Station. There have been three suicides and one infant death in the last 60 days in Waverly. The department has made arrangements for counseling for the Department members at their next meeting.

Fiscal and Economic Development: no report.

City Attorney: no report.

City Administrator: Administrator Stephanie Fisher commented that a great amount of work has been dedicated to getting the Right of Ways and Easements finished for the East Trunk Sewer Line project. Soil test bores were taken for the Drinking Water Protection and Management Plan. City received many positive comments from citizens about snow removal for latest snowfall.

EXECUTIVE SESSION

Council Member John Hestermann moved to enter into Executive Session at 8:03 p.m. to protect the Public Interest; subject matter being discussed is contract negotiation. Those who can remain are: Mayor Mike Werner, Council Member Greg Rickers, Council Member Joe Dalton, Council Member John Hestermann, Council Member Chad Neuhalfen, City Administrator Stephanie Fisher, City Attorney Mark Fahleson. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann, Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

No action was taken during Closed Session. Open Session was declared. Council member John Hestermann moved to leave Executive Session at 8:18 p.m. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann, Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0.

ADJOURNMENT

Council Member John Hestermann moved to adjourn. Council Member Chad Neuhalfen seconded the motion. The following Council Members voted “YEA”: Greg Rickers, Joe Dalton, John Hestermann and Chad Neuhalfen. The following Council Members voted “NAY”: None. Motion carried 4-0. Meeting adjourned at 8:19 p.m.

Michael J. Werner

Mayor

Stephanie A. Fisher

City Administrator

Claims approved for payment: Awards Unlimited 147.45; Black Hills Energy 1,542.93; Blue Cross Blue Shield 7,759.70; Brian Johnson 267.00; Carquest 35.16; Colonial Life Insurance 49.32; Core and Main 2,000.00; Cubby's 931.01; Dearborn National Insurance 75.33; Dudley Sorensen 1,623.25; Feld Fire 600.00; Fossil Fuels 617.32; Grainger 79.55; Hamilton Equipment 1,500.76; Husker Electric Supply Co. 143.00; JEO Consulting 18,094.11; Journal Star Printing Co. 175.00; Kriha Fluid Power 77.66; Lancaster County Sheriff 27,548.29; Liberty First Credit Union 250.00; Lincoln Electric System 9,990.71; Lou's Sporting Goods 44.98; Matheson 222.02; Midwest Office Automation 194.51; Midwest Farmers Cooperative 1,014.84; Nadia Koval 700.00; Nebraska Snow Equipment 330.85; Nebr. Recreation and Parks Assoc. 295.00; Nebraska Public Health Lab 520.00; Norland Pure 5.50; Office Depot 159.31; One Call Concepts 67.53; Pavers 365.19; Peregrine 55.00; Pinnacle Bank 3,959.70; Quick Connect Computers 96.00; Quick Dump Refuse 390.00; Ready Mixed Concrete Company 451.64; Ryan Mueller 780.03; Shane Manion 1,880.00; Small Engine Specialists 34.99; Southeast Area Clerks Association 10.00; Spectrum Business 14.88; Stephanie Fisher 40.00; Stephanie Fisher 786.00; Truck Center 606.58; True Value 277.90; U.S. Postmaster 362.10; Union Bank 2,500.00; US Bank 303.68; Wahoo-Waverly-Ashland Newspapers 82.40; Windstream 104.25. Total 90,292.43.

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