Gordon City Council Minutes August 8, 2013

Gordon City Council Minutes

August 8, 2013

Notice of the meeting was given to advance by publication in the Sheridan County Journal Star, the designated method for giving notice as shown by the affidavit of publication on file in the City Clerk’s office.  Agendas of the meeting were simultaneously given to the Mayor and all members of the Council.  All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.

A meeting of the City Council of the City of Gordon was called to order at 6:15 p.m., August 8, 2013 in the Council Chambers of the City Auditorium.  The Mayor noted the location of the Open Meetings Laws poster in the back of the room.

Present:  Evans, Morgan, Russell, Grant, and Bounous. Absent:  No One.

Motion by Bounous, seconded by Grant to approve the minutes of the previous meeting.  Ayes:  Morgan, Russell, Grant, Bounous, and Evans.

The July Treasurer’s Report was not available from the bookkeeper.

Motion by Morgan, seconded by Bounous to approve the bills.  Ayes:  Russell, Grant, Bounous, Evans, and Morgan.

Abbreviations for the legal:  EX, Expense; FE, Fee; GR, Groceries; MI, Mileage; RE, Reimbursement; RPT, Report; SA, Salaries; SE, Services; SU, Supplies.

PAID BILLS: CYP368, Sheridan County Journal , SE, $72.00; RS1078, Foremost Promotions, SU, $261.26; EFTPS, JP Morgan Chase, EX, $852.60; EFTPS, FNBO, FE, $46.35; 40794, BC/BS, EX, $9,629.41; 40795, Alex Torres, SE, $300.00; 40796, NE State Historical Society, FE, $40.00; 40797, Airport Authority, RE, $262.15; 40798, Chad Allison, RE, $142.56; 40799, Airport Bond Savings, RE, $242.76; 40800, Shelly Benben, MI, $287.02; 40801, Consumer Reports, SU, $26.00; 40802, Companion, EX, $899.00; 40803, Family Circle, SU, $19.98; 40804, Ingram, SU, $94.30; 40805, Library Petty Cash, RE, $49.59; 40806, Living, SU, $28.00; 40807, MicroMarketing, SU, $440.84; 40808, Rapid City Journal, SU, $246.96; 40809, Sports Illustrated, SU, $89.04; 40810, Special Assessment Bond Fund, RE, $519.76; 40811, Saturday Evening Post, SU, $29.95; 40812, Viaero, SE, $85.91; 40813, Woman’s Day, SU, $19.97; 40814, Wild West, SU, $29.95; 40815, Xerox, EX, $122.75; 40816, Payroll Fund, SA, $29,748.23; EFTPS, State of NE Dept Revenue, RE, $2,024.70; 40817, BC/BS, EX, $10,014.26; 40818, CNH Capital, SE, $3,805.10; 40819, Sandy Farmer, SE, $215.00; 40820, GRPS, RE, $2,690.00; 40821, NWRPPD, SE, $5,044.53; 40822, Perpetual Care Fund, RE, $400.00; 40823, Source Gas, SE, $1,007.67; 40824, NE Public Health Env Lab, SE, $294.00; 40825, Sheridan County Clerk, FE, $16.00; 40826, City of Gordon, RE, $173.66; 40827, Nichole Sherburne, RE, $66.34; 40828, Todd Raether, RE, $40.00; 40829, USPS, SE, $180.76; 40830, Alex Torres, SE, $252.00; 40831, NWRPPD, SE, $62.79; 40832, NE Dept of Economic Devel, RE, $150,000.00; 40833, Perpetual Care Fund, RE, $290.00; 40834, Sheridan County Clerk, FE, $16.00; 40835, Viaero, SE, $88.04; 40836, First National Bank, EX, $12,869.44; 40837, Payroll Fund, SA, $28,754.54. Total August Paid Bills: $262,891.17.

UNPAID BILLS: 40839, Chris Anderson, RE, $50.00; 40840, Alco, SU, $103.95; 40841, Baker & Associates, SE, $93.98; 40842, Dan Bishop, RE, $50.00; 40843, Bluffs Sanitary Supply, SU, $63.98; 40844, Business Connection, SU, $30.50; 40845, Jeff Brewer, RE, $50.00; 40846, Brown/Nelson Electric, SE, $2,312.19; 40847, Biersbach, SU, $19.80; 40848, City of Chadron, SE, $45.00; 40849, Customized Billing, SE, $300.00; 40850, Colwell Electric, SE, $568.20; 40851, Croell, SU, $282.32; 40852, Scott Downing, RE, $50.00; 40853, Emergency Medical Products, SU, $682.25; 40854, First National Bank of Omaha, SU, $1,836.05; 40855, JD Financial, SU, $145.37; 40856, Farmer’s Coop, SU, $910.91; 40857, G/R Public Schools, SU, $264.90; 40858, Greenamyre Contractor & Builder, SE, $4,810.00; 40859, Great Plains Communications, SE, $1,322.45; 40860, Grocery Mart, SU, $13.10; 40861, Hinn’s Auto Supply, SU, $172.66; 40862, Homestead Building Supply, SU, $206.01; 40863, Hills Materials Co, SU, $2,404.13; 40864, Husker Auto Parts, SU, $14.62; 40865, HD Waterworks, SU, $246.71; 40866, Clay Heath, RE, $50.00; 40867, Insurance Fund, EX, $8,941.67; 40868, Ideal Linen, SE, $102.45; 40869, Jay’s Tire & Lube, SE, $15.00; 40870, Kelly Construction, SE, $396.64; 40871, Kustom Rock, SU, $568.00; 40872, FALCO, SE, $575.00; 40873, Mid-American Benefits, EX, $90.00; 40874, Med-Tech  Resource, SU, $972.38; 40875, Mike Morgan, RE, $25.00; 40876, Municipal Code Services, SE, $75.00; 40877, NPPD, SE, $9,910.33; 40878, NE Total Office, SU, $264.28; 40879, NW Pipe Fittings, SU, $13.04; 40880, NE Rural Water Association, FE, $200.00; 40881, NE Dept of Agriculture, FE, $150.00; 40882, NE DOL/Office of Safety, FE, $72.00; 40883, Petersen Seed, SU, $123.50; 40884, PADD, FE, $1,249.45; 40885, Shane Pascale, RE, $50.00; 40886, Quill, SU, $389.78; 40887, Respond 1st Aid Systems, SU, $100.44; 40888, Superfoods, SU, $15.45; 40889, Stockmen’s Drug, SU, $59.85; 40890, Sheridan County Journal Star, SE, $243.73; 40891, Smith, King, & Simmons, SE, $410.00; 40892, Sasse Vet Clinic, RE, $30.00; 40893, S&L Gas, SU, $1,819.23; 40894, True Value, SU, $1,733.98; 40895, Ken Ward, RE, $50.00; 40896, Westco, SU, $1,315.16; 40897, Water Reserve USDA, RE, $1,600.00; 40898, Western Sprayers, SE, $1,396.93; 40899, Water System Improvement, RE, $15,800.00; 40900, Barb Winter, MI, $172.89; 40901, Xerox, EX, $586.53. Total August Unpaid Bills: $66,616.79. Total August Paid Bills: $262,891.17. Total August Bills: $329,507.96.

After researching the costs incurred by the City of Gordon for the upkeep of the cemetery and for services provided by the city for burials, city officials felt that an increase in fees charged for services was necessary. A comparison to other cities in Nebraska was used to determine the increase. Motion by Bounous, seconded by Morgan to pass Resolution 2013-10. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

RESOLUTION 2013-10

A RESOLUTION ESTABLISHING NEW RATES FOR SERVICES AT THE GORDON CEMETERY.

WHEREAS, the City Council has passed and adopted Ordinance #483 pertaining to codification of the ordinances of the City of Gordon, and

WHEREAS, it is necessary to set certain rules, regulations, and fees to coincide with Ordinance #483, and

WHEREAS, the costs the City of Gordon incurs to provide services for the Gordon Cemetery have increased in past years.

NOW, THEREFORE, BE IT RESOLVED that the following rates for the Gordon Cemetery are established effective August 14, 2013, upon passage and publication of Resolution 2013-10.

OLD SECTION:

Half Lot (2 burials) $100 + $200 perpetual care; Full Lot (4 burials) $200 + $400 perpetual care; Single Burial Space $75 + $150 perpetual care; Filing Fee with County $16.

NEW SECTION:

Half Lot (2 burials) $100 + $200 perpetual care; Monument Base (Half Lot) $250; Full Lot (4 burials) $200 + $400 perpetual care; Monument Base (Full Lot) $500; Single Burial Space $75 + $150 perpetual care; Monument Base (Single) $125; Filing Fee with County $16.

Sale of single burial spaces in the new section of the cemetery must have pre-approval of the Gordon Cemetery Sexton and the Gordon City Manager.

GRAVE OPENING & CLOSING FEES:

Infant Grave (Under 2 Years of Age) $150; Small Grave $250; Large Grave $400; Cremation $200; Frost Removal $100; Snow Removal $100; Windbreak/Tent $50; Equipment Setup $50.

Funerals held on Saturday must have approval of the Gordon Cemetery Sexton and the Gordon City Manager.

Funerals held on Saturday and disinterment will be billed at 1 ½ times the regular rate.

There will be no funerals held on Sundays or holidays.

PASSED AND APPROVED THIS 8TH DAY OF AUGUST, 2013.

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

City Manager Fred Hlava discussed with council the need to revise the City of Gordon Facility Agreement/Rental Fees. The language in the agreement was outdated and needed revision. The only fees to be raised are the cost of the use of the piano and the cost of renting chairs from the city. Motion by Morgan, seconded by Grant to pass Resolution 2013-11. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

RESOLUTION 2013-11

A RESOLUTION ESTABLISHING NEW RATES AND CHANGES IN THE CITY OF GORDON COMMUNITY BUILDING FACILITY AGREEMENT.

WHEREAS, the City of Gordon has passed and adopted Ordinance #483 pertaining to codification of ordinances of the City of Gordon, and

WHEREAS, it is necessary to set certain rules, regulations, and fees to coincide with Ordinance #483, and

WHEREAS, the costs the City of Gordon incurs to provide services and replacement of equipment for the City of Gordon Community Building have increased.

NOW, THEREFORE BE IT RESOLVED, that the following rates and changes in the Community Building Facility Agreement for the City of Gordon Community Building are established effective August 14, 2013, upon passage and publication of Resolution 2013-11.

CITY OF GORDON FACILITY AGREEMENT/RENTAL FEES

(CIRCLE REQUEST)

I. KITCHEN

Full Use: $15.00; Half Use: $5.00; Custodial Service: Hourly Rate.

II. COUNCIL ROOM

Civic & Educational: N/C; Non-Commercial & Religious: $15.00; Commercial: $40.00; Custodial Service: Hourly Rate.

III. MULTI-PURPOSE ROOM

Civic & Educational: N/C; Non-Commercial & Religious: $15.00; Commercial: $50.00; Banquet: $35.00; Custodial Service: Hourly Rate.

IV. CONFERENCE ROOM

Civic & Educational: N/C; Non-Commercial & Religious: $10.00; Commercial: $15.00; Custodial Service: Hourly Rate.

V. GYM

Civic & Educational: N/C; Non-Commercial & Religious: $20.00; Commercial: $60.00; Dance-Building: $60.00, Police Officers: $40.00, Damage Deposit: $50.00; Dance-Civic & Educational: $60.00, Police Officers: $40.00, Or Approved Chaperones; Custodial Service: Hourly Rate.

VI. FACILITY EQUIPMENT

Scoreboard - Per Game or Event: $12.50; PA System (Commercial Use): $5.00; Piano (Commercial Use): $25.00.

VII. OFF-PREMISES RENTAL

Tables - $5.00 Day or $10.00 Weekend; Chairs -  $1.00 per day per chair.

Date Facility Needed_______________________________________

Hours Facility Needed______________________________________

Purpose of Rental__________________________________________

Organization_____________________________________________

Contact Person____________________________________________

Bill To___________________________________________________

Mailing Address___________________________________________

Phone Number____________________________________________

Special Instructions_______________________________________

NOTICE TO USERS

THE CITY OF GORDON DOES NOT CARRY LIABILITY INSURANCE FOR THE PROTECTION OF THE RENTING OR USING AGENCY

1. State law forbids the possession or consumption of any alcoholic beverages or drugs upon the premises.

2. The City of Gordon reserves the right to refuse rental or scheduling to any group, organization or business, and the right to terminate a rental when there is a failure to provide necessary control or policing of facilities.

3. Any damage to premises or equipment will be paid for by the scheduling party. Kitchen will be left clean and in usable condition.

4. Scheduling preferences as follows:

Civic organizations, school events and area businesses, etc.

5. The City of Gordon reserves the right to deny use of the facility or equipment when such use is contrary to public policy, or damage could result to taxpayer property.

6. No event is considered scheduled until this form is completed and returned.

________________________________________

(Signature Responsible Party)              Date

________________________________________

(Signature of City Official)                        Date

Passed and approved this 8th day of August, 2013.

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

Council was given information on the Omni Advantage membership program for the life flight membership service out of Rapid City, SD. The membership cost is $39 a year per individual.  Motion by Grant, seconded by Evans to approve payment of the membership fee for the Omni Advantage membership program for the city employees, Rescue Squad members, and Fireman. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

Motion by Evans, seconded by Bounous to pass Resolution 2013-12. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

RESOLUTION NO. 2013-12

COUNCIL MEMBER EVANS INTRODUCED THE FOLLOWING RESOLUTION:

WHEREAS, the City of Gordon intends to create a parade route from 1ST Street and Main Street to 3rd  Street and Main Street, for the Gordon/Rushville High School Homecoming Parade, September 20, 2013, from 1:00 pm to 3:00 pm.

WHEREAS, closure of roadways along the parade route is necessary to relieve the through traffic from the area in the City of Gordon, Nebraska on or near the parade route, and to provide a safe event for participation and spectators, and;

WHEREAS, the Main Street (Nebraska Highway 27) roadway from 1st Street to 3rd  Street is part of the state highway system and is located within the official corporate limits or zoning jurisdiction of the City of Gordon, and;

WHEREAS, the City of Gordon, while making use of the state highway system for a special event, shall have the legal duty to protect the highway property from any damage that may occur arising out of the special event and the state shall not have any such duty during the time the City of Gordon is in control of the property as specified in the notice provided pursuant to LB 589/N.R.S §39-1359, and;

WHEREAS, any existing statutory or common law duty of the state to protect the public from damage, injury, or death shall become the duty of the City of Gordon while making use of the state highway system for a special event and the state shall not have any such statutory or common law duty during the time the City of Gordon is in control of the property as specified in the notice provided pursuant to LB 589/N.R.S §39-1359, and;

WHEREAS, pursuant to LB 589/N.R.S §39-1359, thirty (30) days advance written notice of the special event must be provided to the Nebraska Department of Roads which specifies the date and time City of Gordon will assume control of the identified state highway property, as well as the date and time the City of Gordon will relinquish control of such state highway property to the State of Nebraska.  In addition, the City of Gordon shall provide beginning and ending locations for the highway closure including sufficient area for the placement of advance warning and/or detour signing, and include sufficient time for the City of Gordon to prepare and later clean the property prior to returning possession back to the State of Nebraska, and;

WHEREAS, LB 589/N.R.S §39-1359 dictates that if a special event includes any portion of the State of Nebraska Highway System, the City of Gordon shall, if a claim is made against the State of Nebraska, indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney’s fess, that may arise as a result of the special event; and

NOW, THEREFORE, BE IT RESOLVED, that said Parade Route and road Closure referred to hereinabove is hereby adopted.  That the governing body of the City of Gordon acknowledges and accepts all duties set out in LB 589/N.R.S §39-1359, subsection (2) and accepts that the City of Gordon shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability including reasonable attorney’s fees, that may arise as a result of the event and such Parade Route and Road Closure is accepted by the City of Gordon and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality.

COUNCIL MEMBER EVANS MOVED THAT THE PARADE ROUTE BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BOUNOUS. UPON ROLL CALL, COUNCIL MEMBER(S) MORGAN, RUSSELL, GRANT, BOUNOUS, AND EVANS “AYE”, AND NO COUNCIL MEMBER(S) VOTING “NAY”, THE MAYOR DECLARED THE FOREGOING PARADE ROUTE PASSED AND ADPOPTED THIS 8th  DAY OF AUGUST, 2013.

/S/ Nancy I Russell

ATTEST:

/s/ Kim Buchan

CITY CLERK

The Budget Workshop for the council is set for Wednesday, September 4, 2013 at 5:30 pm in the council chambers of the City Auditorium. The workshop is open to the public.

City Manager Fred Hlava informed council that he is still working on possibilities for the renovation of the city’s aging pool. He is also working on the financing options for the costs that will be incurred. Fred Hlava will have more information at the September council meeting.

Council was given two FYI items – Information on the Archway and the PACE financials. The July Police Statistics were not available due to computer issues.

Motion by Morgan, seconded by Bounous to go into executive session at 6:50 pm for real estate negotiations.  Ayes: Russell, Grant, Bounous, Evans, and Morgan.

Council reconvened in regular session at 7:20.  With no action taken, motion by Bounous, seconded by Morgan to adjourn.  Ayes: Grant, Bounous, Evans, Morgan, and Russell.

/s/ Kim Buchan

City Clerk

/s/ Nancy I Russell

Mayor

I, the undersigned, City Clerk for the City of Gordon, Nebraska hereby certify that the foregoing is a true and correct copy of the proceedings had and c\done by the Mayor and Council on August 8, 2013; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continuously current and available for inspection at the office of the City Clerk;  that such subjects were contained in said minutes of the Mayor and Council of the City of Gordon from which the foregoing proceedings have been extracted were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification of the time and place of said meeting and the subjects to be discussed at said meeting.

/s/ Kim Buchan

City Clerk

Published: August 14, 2013