Gordon City Council Minutes October 10, 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 6:00 p.m., October 10, 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:  Russell, Grant, Bounous, and Evans. Absent:  Morgan.

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

Motion by Evans, seconded by Bounous to approve the September’s treasurer’s report.  Ayes: Grant, Bounous, Evans, and Russell.

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

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

PAID BILLS

SK1000, Lion’s Club, EX, $5,500.00; SK1001, Lion’s Club, EX, $300.00; TY0012, Lion’s Club, EX, $47,000.00; CYP370, First National Bank of Omaha, SU, $160.98; EFTPS, FNBO, FE, $43.10; EFTPS, NE Dept of Revenue, RE, $2,672.02; 41041, Payroll Fund, SA, $22,819.79; 41043, USPS, SE, $187.23; 41044, Steve & Janet Sasse, EX, $333.00; 41045, Airport Authority, RE, $2,514.95; 41046, Airport Bond Savings, RE, $2,329.07; 41047, Chuck Biegler, SE, $85.00; 41048, Centurion Holding, FE, $50.00; 41049, Deer & Deer Hunting, SU, $16.00; 41050, Gardening, SU, $29.95; 41051, Ingram, SU, $27.32; 41052, Library Petty Cash, RE, $48.60; 41053, Mother Earth News, SU, $14.95; 41054, Micro Marketing, SU, $911.19; 41055, NE Library Commission, SE, $500.00; 41056, NWRPPD, SE, $3,802.55; 41057, Nebraskaland, SU, $18.00; 41058, OCLC, SU, $90.93; 41059, Ranger Rick, SU, $19.95; 41060, Redbook, SU, $12.00; 41061, Source Gas, SE, $309.84; 41062, NE Public Health Env Lab, SE, $30.00; 41063, Barb Schaer, SE, $100.00; 41064, Special Assessment BF, RE, $4,986.49; 41065, Time, SU, $72.20; 41066, Viaero, SE, $85.79; 41067, Vogue, SU, $22.00; 41068, Western Sprayers, SE, $419.45; 41069, Alex Torres, SE, $180.00; 41070, City of Gordon, RE, $140.00; 41071, Payroll Fund, SA, $26,188.03; 41072, Hills Materials, SU, $13,345.36; 41073, John Krotz, SE, $275.00; 41074, NWRPPD, SE, $72.65; 41075, Powerplan, SE, $2,100.00; 41076, Petty Cash, RE, $348.63; 41077, Source Gas, SE, $174.98; 41078, SWANN, RE, $44.20; 41079, Topkote Inc, SU, $12,515.72; 41080, Viaero, SE, $84.76; 41081, USPS, SE, $179.82; 41082, BC/BS, EX, $10,014.26; 41083, City of Gordon, RE, $18.58; 41084, Curt Schwarting, RE, $21.42; 41085, Alex Torres, SE, $216.00. Total October Paid Bills $161,431.76.

UNPAID BILLS

41088, Chris Anderson, RE, $50.00; 41089, QLT, SE, $19.55; 41090, Alco, SU, $40.78; 41091, Avery Well Service, SE, $1,281.35; 41092, B&T Lazerwash, SE, $200.00; 41093, Dan Bishop, RE, $50.00; 41094, Bound Tree, SU, $1,135.87; 41095, Jeff Brewer, RE, $50.00; 41096, Barco, SU, $147.57; 41097, City of Chadron, SE, $45.00; 41098, Customized Billing, SE, $465.00; 41099, Scott Downing, RE, $50.00; 41100, Emergency Medical Products, SU, $86.90; 41101, Terry Eaton, RE, $50.00; 41102, Essence, SU, $64.00; 41103, First National Bank of Omaha, SU, $179.38; 41104, JD Financial, SU, $671.93; 41105, Farmer’s Coop, SU, $261.97; 41106, GMHS, SU, $20.00; 41107, Great Plains Communications, SE, $1,312.27; 41108, Grocery Mart, SU, $35.85; 41109, Hinn’s Auto Supply, SU, $58.44; 41110, Hills Materials Co, SU, $441.10; 41111, Husker Auto Parts, SU, $27.19; 41112, Clay Heath, RE, $50.00; 41113, Insurance Fund, EX, $12,162.50; 41114, Ideal Linen, SE, $102.45; 41115, Jay’s Tire & Lube, SE, $18.00; 41116, Jonathan Johansen, RE, $50.00; 41117, Kustom Rock, SU, $750.00; 41118, FALCO, SE, $575.00; 41119, Sam Meller, SE, $1,000.00; 41120, Mid-American Benefits, EX, $105.00; 41121, Med Tech Resources, SU, $939.15; 41122, Monument Inn, SE, $172.48; 41123, NPPD, SE, $9,002.36; 41124, NE Total Office, SU, $425.00; 41125, NW Pipe Fittings, SU, $495.73; 41126, NE Rural Water, FE, $165.00; 41127, NE Environmental Products, SU, $44.92; 41128, Nat’l Crime Prevention Council, SU, $105.00; 41129, One Call Concepts, SE, $14.75; 41130, Powerplan, SU, $192.78; 41131, Petersen Seeds, SU, $16.68; 41132, Panhandle Sales & Service, SU, $84.00; 41133, Shane Pascale, RE, $50.00; 41134, Quill, SU, $96.85; 41135, RR Donnelley, SU, $57.15; 41136, RS Repair Fund, RE, $5.21; 41137, Superfoods, SU, $437.81; 41138, Sasse Vet Clinic, RE, $20.00; 41139, Sheridan County Journal Star, SE, $280.16; 41140, Smith King & Simmons, SE, $200.00; 41141, S & L Gas, SU, $1,724.33; 41142, True Value, SU, $827.15; 41143, Ken Ward, RE, $50.00; 41144, Westco, SU, $2,162.34; 41145, Water Reserve USDA, RE, $1,600.00; 41146, Watch Guard, SU, $114.00; 41147, Western Sprayers, SU, $419.45; 41148, Wreck-A-Mended, SE, $75.60; 41149, Water System Impr Project, EX, $15,800.00; 41150, Xerox, EX, $618.03. Total October Unpaid Bills $57,753.03. Total October Paid Bills $161,431.76. Total October Bills $219,184.79.

City Manager Fred Hlava updated council on the damage sustained during the October 5 and 6 blizzard. After a week of clean-up, it seems that the worst damage was in the City park, where there was medium to severe damage to many of the trees. The city will be applying for a Re-Tree Nebraska grant to replace some of the trees that were lost. City crews and the citizens of Gordon have been working hard to clean up. The city has been assisting people that do not have the means to remove tree limbs, and have been picking up limbs and brush in an effort to expedite the clean-up. City Manager Fred Hlava met with representatives from NEMA (Nebraska Emergency Management Agency) earlier in the week. They toured Gordon to see the damage sustained. Council will be updated at the November meeting.

Motion by Evans, seconded by Bounous, to approve with thanks the 2013-2014 Gordon Volunteer Fire Department member list. Ayes: Evans, Russell, Grant, and Bounous.

Charlotte Ward and representative Ken Ward would like to sell a tract of land they own within the city limits. The Gordon Planning Commission approved the subdivision request creating the Ward Addition, Lots 1 and 2 at their meeting on September 24, 2013. Motion by Grant, seconded by Evans, to approve Resolution 2013-14. Ayes: Russell, Grant, Bounous, and Evans.

RESOLUTION NO. 2013-14

PLATT AND SUBDIVISION APPROVAL

WHEREAS, Charlotte E. Ward is the owner of certain described property as follows:

WHEREAS, the above and foregoing plat of WARD ADDITION TO THE CITY OF GORDON, SHERIDAN COUNTY, NEBRASKA, a tract of land which includes part of Outlot “R” lying South of Bay Street and a portion of vacated Oak Street lying between Bay Street and US Highway 20, all in the City of Gordon, Sheridan County, Nebraska, more particularly described as follows:

WHEREAS, beginning at the intersection of the Southerly right-of-way (ROW) line of Bay Street with the Westerly ROW line of Oak Street as extended, said point being the POINT OF BEGINNING of this description; thence N 89°27’52” E on said Southerly ROW line a distance of 35.02 feet to the Centerline of Oak Street; thence S 00°27’54” E on said Centerline a distance of 347.89 feet to a point on the Northerly ROW line of US Highway 20; thence S 88°56’20” W on said Northerly ROW line a distance of 563.04 feet to the Easterly line of Outlot ‘O’; thence N 00°34’54”W on said Easterly line of Outlot ‘O’ and on the Easterly line of Outlot ‘S’ a distance of 351.16 feet to a point on said Southerly ROW line of Bay Street; thence N 89°16’14” E on said Southerly ROW line a distance of 528.71 feet to the point of beginning, containing 4.519 acres, more or less, shall be hereinafter known as WARD ADDITION TO THE CITY OF GORDON, SHERIDAN COUNTY, NEBRASKA and the undersigned owner(s) and proprietor(s) of the same, does (do) hereby DEDICATE said ADDITION, and 

WHEREAS, Charlotte E. Ward’s request for subdivision created the aforedescribed property designated as Ward Addition, Lots 1 and 2, and

WHEREAS,  the Ward Addition platting and subdivision was approved by the Planning Commission for the City of Gordon on September 24, 2013, and a copy of the minutes of that Planning Commission meeting and a certified copy of the survey are attached as part of this Resolution.

NOW THEREFORE, BE IT RESOLVED that the City of Gordon, Nebraska, by and through the undersigned members of the City Council, does hereby approve and grant permission to the platting of the Ward Addition as subdivided in to Lot 1 and Lot 2 of property owned by Charlotte E. Ward.

Passed and approved this 10th  day of October, 2013.

/s/ Nancy I Russell

ATTEST:

/s/ Kim Buchan

City Clerk

Motion by Bounous, seconded by Evans to approve Resolution 2013-15. Ayes: Grant, Bounous, Evans, and Russell.

RESOLUTION 2013-15

APPOINTMENT OF KIMBERLY J BUCHAN AS CITY CLERK FOR THE CITY OF GORDON, NEBRASKA.

WHEREAS, the governing body of the City of Gordon determined the need to maintain a proper minute book wherein shall be recorded all of the formal and informal actions of the Mayor and City Council, and

WHEREAS, the City of Gordon, Sheridan County, Nebraska established by ordinance the position of City Clerk, codified in Chapter I Civil Administration, Article II, Section 1-204 of the Municipal Code Book, and

WHEREAS, the duties of the City Clerk are set forth by City of Gordon Ordinance and Laws pursuant to the State of Nebraska,

NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Gordon, Nebraska, that Kimberly J Buchan be appointed as City Clerk for the City of Gordon, Sheridan County, Nebraska.

PASSED AND APPROVED this 10th day of October, 2013.

/s/ Nancy I Russell

Mayor

Attest:

/s/ Nancy I Russell

City Clerk

Motion by Grant, seconded by Bounous, to approve Resolution 2013-16. Ayes: Bounous, Evans, Russell, and Grant.

RESOLUTION 2013-16

APPOINTMENT OF MICHAEL D WINTER AS STREET SUPERINTENDENT FOR THE CITY OF GORDON, NEBRASKA.

WHEREAS, the governing body of the City of Gordon determined the need to appoint a Street Superintendent to have general charge, direction and control of all work on streets, sidewalks, culverts and bridges of the City of Gordon, and

WHEREAS, the City of Gordon, Sheridan County, Nebraska established by ordinance the position of Street Superintendent, codified in Chapter I Civil Administration, Article II, Section 1-211 of the Municipal Code Book, and

WHEREAS, the duties of the Street Superintendent are set forth by City of Gordon Ordinance and Laws pursuant to the State of Nebraska,

NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Gordon, Nebraska, that Michael D Winter be appointed as City of Gordon Street Superintendent for the City of Gordon, Sheridan County, Nebraska.

PASSED AND APPROVED this 10th day of October, 2013.

/s/ Nancy I Russell

Mayor

Attest:

/s/ Kim Buchan

City Clerk

Motion by Morgan, seconded by Shetler to adopt Resolution 2013-17, establishing the Parade of Lights route. Ayes: Russell, Shetler, and Morgan.

RESOLUTION NO. 2013-17

COUNCIL MEMBER  EVANS  INTRODUCED THE FOLLOWING RESOLUTION:

WHEREAS, the City of Gordon intends to create a parade route from Orin Street and Main Street to 4th Street and Main Street, for the Chamber of Commerce “Parade of Lights” on Saturday, December 7, 2013, from 6:00 pm to 7:30 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 4th 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 GRANT. UPON ROLL CALL, COUNCIL MEMBER(S) EVANS, RUSSELL, GRANT, AND BOUNOUS VOTING “AYE”, AND NO COUNCIL MEMBER(S) VOTING “NAY”, THE MAYOR DECLARED THE FOREGOING PARADE ROUTE PASSED AND ADPOPTED THIS 10TH DAY OF OCTOBER, 2013.

/S/ NANCY I RUSSELL

MAYOR

ATTEST:

/S/ KIM BUCHAN

CITY CLERK

Motion by Bounous, seconded by Grant to authorize Mayor Russell to sign the Head Start Awareness Month Proclamation. Ayes: Russell, Grant, Bounous, and Evans.

PROCLAMATION

Whereas, the Head Start program is now in its 48th year of success in meeting the needs of low-income children and their families and;

Whereas, the Head Start program has established itself as the foremost early childhood development program in Gordon, Nebraska, and;

Whereas, to achieve its goals, Head Start is responsible for providing a comprehensive nutrition and health program; and

Whereas, Head Start assists families in obtaining up to date immunizations for all enrolled children and their siblings; and

Whereas, to promote literacy, Head Start recognizes the value of reading to children and encourages reading activities; and

Whereas, in addition to focusing on the needs of children, Head Start involves the parents in the education of their own children, in decision making for the program and hires many qualified parents as Head Start staff; and

Whereas, Head Start program personnel recognize the remarkable strengths and courage of families as they struggle to provide the best for their children; and

Whereas, Head Start is a cost effective family focused program that has proven to save taxpayers four dollars for every dollar invested in the program;

Now, Therefore, I Nancy I Russell, Mayor of the great city of Gordon, Nebraska do hereby proclaim October 2012, to be Head Start Awareness Month.

City Manager Fred Hlava updated council on the current Airport Renovation Project. The large runway at the Gordon Municipal Airport is in need of major repairs. The grant that was awarded to the Airport Authority is a 90/10 grant, with the total cost of the project estimated at 1.8 million dollars. The Airport Authority is currently looking into options to finance their cost on the project.

Council was updated on the Skate Park project. The installation of the equipment went very smoothly, with several volunteers from the community assisting city workers. Council would like to thank everyone that helped with this project. The fence is ready to be installed and the city received a grant from ReTree Nebraska for the trees that will be around the park. Landscaping will be completed in the Spring of 2014.

Council was given the 2012-2013 Perpetual Care report. City Manager Fred Hlava and the City Council would like to thank Jim Smith for all of the time and work he puts into the Perpetual Care fund. Motion by Grant, seconded by Bounous to accept the 2012-2013 Perpetual Care Report. Ayes: Grant, Bounous, Evans, and Russell.

Council was given several FYI items – the August PACE financial report, an article on Omaha dog laws, an article on Nebraska Tax System Review, and the September police statistics.

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

Council reconvened in regular session at 7:12. With no action taken, motion by Bounous, seconded by Grant to adjourn.  Ayes:  Evans, Russell, Grant, and Bounous.

/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 October 10, 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: October 16, 2013