Gordon City Council Minutes August 14, 2014

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., August 14, 2014 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:  Bounous, Evans, Morgan, Russell, and Grant.

Absent:  No One.

Motion by Bounous, seconded by Evans to approve the minutes of the July 10, 2014 meeting.  Ayes: Evans, Morgan, Russell, Grant, and Bounous.

Motion by Bounous, seconded by Grant to approve the July 2014 Treasurer’s Report. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

Motion by Morgan, seconded by Grant 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

EFTPS, FNBO, FE, $45.61; EFTPS, NE Dept of Revenue, RE, $1,979.71; EFTPS, JP Morgan Chase, EX, $967.50; EFTPS, 1st National Bank, FE, $5.00; SK1009, City of Gordon, RE, $26.79; RS1096, Grocery Mart, SU, $58.45; 42062, Airport Authority, RE, $209.02; 42063, Airport Bond Savings, RE, $344.78; 42064, Chadron Record, SU, $39.85; 42065, Fleet Services, SU, $684.35; 42066, Ingram, SU, $25.48; 42067, Library Petty Cash Fund, RE, $49.48; 42068, NPPD , SE, $1,095.78; 42069, Pettty Cash, RE, $600.04; 42070, Rapid City Journal, SU, $246.96; 42071, Sports Illustrated, SU, $89.04; 42072, Special Assessment BF, RE, $1,563.59; 42073, Smart Apple Media, SU, $365.74; 42074, Viaero, SE, $262.18; 42075, Upstart, SU, $90.69; 42076, CNH Capital, SU, $281.49; 42077, Lew’s Fireworks, SU, $4,000.00; 42078, Mid-American Benefits, EX, $183.75; 42079, Adam Wackler, RE, $50.00; 42080, Payroll Fund, SA, $38,043.95; 42081, Cooportunity , EX, $6,443.12; 42082, NWRPPD, SE, $3,592.23; 42083, DHHS Div Public Health, SE, $178.00; 42084, Source Gas, SE, $1,188.08; 42085, NE Public Health Env Lab, SE, $63.00; 42086, Allspray Foam, Inc, SE, $14,632.50; 42087, City of Gordon, RE, $200.00; 42088, Jeff Brewer, RE, $64.00; 42089, Shelly Benben, MI, $293.80; 42090, Sandra Farmer, SE, $90.00; 42091, Madison National Life, EX, $89.46; 42092, NWRPPD, SE, $67.22; 42093, USPS, SU, $196.00; 42094, City of Gordon, RE, $98.00; 42095, Rob Menacher, RE, $2.00; 42096, GMH, SU, $767.00; 42097, Fred Hlava, RE, $78.50; 42098, Alex Torres, SE, $130.00; 42099, Viaero, SE, $83.86; 42100, USPS, SE, $189.89; 42101, Payroll Fund, SA, $28,810.95; 42102, 1st National Bank, EX, $12,869.45; 42103, Fred Hlava, RE, $105.69; 42104, DHHS Licensure Unit, FE, $115.00; 42105, NE Law Enforcement Training, FE, $50.00; 42106, NE Law Enforcement Training, SU, $95.00; 42107, Covered Wagon, SU, $129.03; 42108, Fred Hlava, RE, $234.99. Total August Paid Bills: $122,166.00.

UNPAID BILLS

42109, Alamar, SU, $365.05; 42110, Adapco, SU, $676.80; 42111, Alco, SU, $209.13; 42112, Ad Pad, SU, $370.00; 42113, Action Communications, Inc, SE, $58.00; 42114, B & T Lazerwash, SE, $200.00; 42115, Dan Bishop, RE, $50.00; 42116, Bound Tree, SU, $4,766.75; 42117, Bluff’s Sanitary Supply, SU, $79.38; 42118, Jeff Brewer, RE, $50.00; 42119, Brown Nelson, SE, $1,024.35; 42120, Melvin Bowles, SE, $150.00; 42121, City of Chadron, EX, $45.00; 42122, Customized Billing, SE, $330.00; 42123, Croell, SU, $137.56; 42124, Diamond Vogel, SU, $198.90; 42125, Scott Downing, RE, $50.00; 42126, Emergency Medical Products, SU, $559.41; 42127, Terry Eaton, RE, $50.00; 42128, First National Bank of Omaha, SU, $76.45; 42129, JD Financial, SU, $325.61; 42130, Farmer’s Coop, SU, $104.85; 42131, Fleet Services, SU, $577.71; 42132, Gordon/Rushville Public Schools, SU, $317.88; 42133, Gordon Memorial Health, SE, $115.00; 42134, Greg’s Electric, SE, $198.27; 42135, Great Plains Communications, SE, $1,369.89; 42136, Gall’s, SU, $111.91; 42137, Grocery Mart, SU, $12.05; 42138, Hinn’s Auto Supply, SU, $302.13; 42139, Homestead, SU, $15.22; 42140, Hills Materials, SU, $3,144.71; 42141, Husker Auto Parts, SU, $5.89; 42142, HD Supply Waterworks, SU, $1,250.31; 42143, Clay Heath, RE, $50.00; 42144, Insurance Fund, RE, $12,162.50; 42145, Ideal Linen, SE, $105.70; 42146, Jonathan Johansen, RE, $50.00; 42147, Kelly Construction, SU, $2,743.81; 42148, Kustom Rock, SU, $1,102.50; 42149, Kimball Midwest, SU, $101.95; 42150, League of NE Municipalities, FE, $1,385.00; 42151, FALCO, SE, $575.00; 42152, Loup Valley Lighting, SU, $121.50; 42153, Meller Repair, SE, $95.00; 42154, Holiday Inn Grand Island, SE, $344.85; 42155, NPPD, SE, $7,095.00; 42156, NE Total Office, SU, $168.46; 42157, NW Pipe Fittings, SU, $3,148.60; 42158, NE Crime Commission, SU, $7.50; 42159, NE Rural Water, FE, $200.00; 42160, NE Environmental Products, SU, $616.43; 42161, NSFVA, FE, $680.00; 42162, NE Dept of Agriculture, FE, $150.00; 42163, Omaha World Herald, SU, $70.85; 42164, One-Call Concepts, FE, $19.15; 42165, Public Safety Center, SU, $133.40; 42166, Petty Cash Fund, RE, $217.40; 42167, Panhandle Sales & Service, SU, $75.00; 42168, Shane Pascale, RE, $50.00; 42169, Pollardwater.com, SU, $344.65; 42170, Respond First Aid, SU, $84.93; 42171, Superfoods, SU, $19.98; 42172, Stockmen’s Drug, SU, $123.62; 42173, NE Secretary of State, FE, $30.00; 42174, Super 8, SE, $161.26; 42175, Sheridan County Journal Star, SU, $376.87; 42176, Smith King & Simmons, SE, $515.00; 42177, Sasse Vet Clinic, RE, $30.00; 42178, S & L Gas, SU, $1,755.68; 42179, Timberline, SE, $8,489.50; 42180, True Value, SU, $483.82; 42181, LNM-Utilities Section, FE, $575.00; 42182, US Welding, SU, $198.12; 42183, Ken Ward, RE, $50.00; 42184, Westco, SU, $1,769.89; 42185, Water Reserve USDA, RE, $1,600.00; 42186, Water System Impr Project, EX, $15,800.00; 42187, Winter Sewing, SE, $129.00; 42188, Xerox, EX, $584.07; 42189, Adam Wackler, RE, $50.00. Total August Unpaid Bills: $81,939.20.

Total August Paid Bills: $122,166.00.

Total August Bills: $204,105.20.

Council was given a graph detailing the rate structure for SWANN for the last twenty-one years. Jack Nemeth, Executive Director of SWANN, was unable to attend the meeting. City Manager Fred Hlava stated that Mr. Nemeth and his staff have done an exemplary job keeping rates low even when faced with ever increasing operating costs. There has not been a rate increase in the last seven years. 

City Manager Fred Hlava wrote a letter to Senator Al Davis voicing his concerns regarding the new regulations that Emergency Medical Technicians (EMT’s) must follow. In rural areas like ours, the ambulance squad is comprising of volunteers only. The increasing regulations require that EMT’s volunteer even more of their time, and it is getting increasingly hard to find people willing to donate the required amount of time needed to stay in compliance with these regulations. Council was given a copy of this letter.

City Manager Fred Hlava updated council on the Swimming Pool plan. Design evaluation and financing options will continue to be researched and reviewed. Council will continue to be updated at future meetings.

Council was given information on the current Nebraska Public Power District rate structure. The City Council was pleased that NPPD has no plan for an increase in rates in 2015.

The City of Wisner is hosting the Journey2Recovery Benefit that will aid people in Northeast Nebraska that are trying to recover from this summer’s devastating tornadoes and storms. Motion by Morgan, seconded by Grant that City Council members and the City of Gordon employees would each donate a suggested $5 of their personal money to this cause. No local tax dollars will be included in the donation. City of Gordon administration will collect the donation and send it to the benefit. Ayes: Grant, Bounous, Evans, Morgan, and Russell. 

The League of Nebraska Municipalities 2014 Annual Conference will be held September 24 – 26 in Norfolk this year. 

Motion by Morgan, seconded by Evans to pass Resolution 2014-05. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

RESOLUTION NO. 2014-05

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 26, 2014, 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.

/s/ Nancy I Russell

NANCY I RUSSELL, MAYOR  

ATTEST:

/s/ Kim Buchan

KIM BUCHAN, CITY CLERK

Housing Authority Board Members and the Director have requested that the west side of Cornell Street be a “no parking here to corner” zone. Currently, on curb parking is allowed on the west side of the street, and it makes it difficult for residents of the Gordon Villa to back out of their parking spaces which are Straight-in to curb spaces. Motion by Morgan, seconded by Grant to approve Resolution 2014-06. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

RESOLUTION 2014-06

A RESOLUTION CREATING A “NO ON STREET PARKING HERE TO CORNER” ZONE ALONG THE WEST SIDE OF CORNELL STREET FROM THE CORNER OF 1ST AND CORNELL EXTENDING 230 FEET NORTH.

WHEREAS, THE Gordon Villa Vehicle Parking area on the east side of Cornell Street between 1st and Lucas Streets is straight on curb parking, and

WHEREAS, straight on curb parking requires more area when backing from parking space, and

WHEREAS, having a “No on street parking here to corner” zone on the west side of Cornell Street from the corner of 1st and Cornell extending 230 feet north would assist tenants with vehicles at the Gordon Villa when backing out of the “straight on curb” parking area.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GORDON, that the “No on street parking here to corner” zone on the west side of Cornell Street from the corner of 1st and Cornell extending 230 feet north is approved.

Passed and approved this 14th   day of August, 2014.

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

Motion by Bounous, seconded by Grant to pass Ordinance 1145. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

Ordinance 1145

AN ORDINANCE OF THE CITY OF GORDON, NEBRASKA, TO DECLARE A PUBLIC EMERGENCY CALLING FOR IMMEDIATE ACTION AND TO REMEDY AND PREVENT A SERIOUS LOSS OF, OR SERIOUS INJURY OR DAMAGE TO LIFE, HEALTH OR PROPERTY, AND TO WAIVE ANY REQUIREMENTS FOR ESTIMATES OF COST AND ADVERTIZING FOR BIDS, AND TO DIRECT THAT NOTICE BE PROVIDED PURSUANT TO NEB.REV.STAT.SECTION 17-613.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GORDON, NEBRASKA:

Section 1. The unexpected failure and loss of the City’s 700,000-gallon water tank creates a public emergency or an exigency and pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious loss of, or serious injury or damage to, life, health, or property;

Section 2. Because of the emergency and reasons for such emergency, estimates of costs and advertising for bids are waived pursuant to NEB.REV.STAT.Section 17-613 and NEB.REV.STAT.Section 17-568(6).

Section 3. This ordinance shall take effect and be in full force from and after its passage when adopted by a three-fourths (3/4ths) vote of the Council and by proclamation of the Mayor. This ordinance shall take effect immediately and shall be posted in at least three (3) of the most public places in the City of Gordon, Sheridan County, Nebraska.

Passed and approved by three-fourths (3/4ths) of the vote of the Council this 14th day of August, 2014.

/s/Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

City officials are continuing to work with several property owners to clean up neglected and blighted properties. 

City Manager Fred Hlava updated council on the proposed plan to repair the water tank. Repairs will include some modifications that will help to prevent the tank failure from occurring again, and to increase the efficiency of the water distribution system. The city is currently waiting on the report from the metallurgist which will help to determine the cause of the failure. The time line for completion of the repairs is still tentative, but officials are confident that they will be completed by late September.

Motion by Bounous, seconded by Morgan to approve Resolution 2014-07. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

RESOLUTION 2014-07

A RESOLUTION AUTHORIZING THE CITY MANAGER TO SECURE EMERGENCY FINANCING NOT TO EXCEED $150,000.00 FOR THE EMERGENCY REPAIR OF THE CITY’S 700,000 GALLON WATER TANK.

WHEREAS, due to the unexpected failure and loss of the city’s 700,000 gallon water tank, and

WHEREAS, the city’s 700,000 gallon storage tank is a critical component to the city’s water distribution system, and

WHEREAS, this emergency necessitates the city to secure financing for the immediate needed repairs.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GORDON, the City Manager is authorized to secure financing not to exceed $150,000.00 for the emergency repairs of the city’s water tank.

Passed and approved this 14th   day of August, 2014.

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

Council was given information on the Source Gas system tariff and surcharge and the motor fuels tax rate.

Motion by Grant, seconded by Morgan to approve the Airport Authority’s preliminary tax request in the amount of $10,650.00. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

Motion by Morgan, seconded by Bounous to approve the application of Susan Hill for the Gordon Volunteer Rescue Squad and to thank her for her service. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

The Council Budget Workshop is scheduled for September 3 at 5:15 pm in the council chambers. This workshop is open to the public.

Council was given several FYI items including the July police statistics, voting statistics, and NPPD Economic Development.

Motion by Morgan, seconded by Bounous to go into executive session at 7:35 pm for real estate negotiations.  Ayes: Evans, Morgan, Russell, Grant, and Bounous.

Council reconvened in regular session at 7:50.  With no further business, motion by Bounous, seconded by Grant 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 14, 2014; 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 20, 2014