Gordon City Council Minutes September 11, 2014

Gordon City Council Minutes

September 11, 2014

Notice of the meeting was given in 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 6:05 p.m., September 11, 2014 in the Council Chambers of the City Auditorium.  The Mayor noted the location of the Open Meetings Laws in the back of the room.

Present:   Morgan, Russell, Grant, Bounous, and Evans.

Absent:    No one.

Motion by Grant, seconded by Morgan, to approve the minutes of the August 14, 2014 regular meeting.  Ayes: Russell, Grant, Bounous, Evans, and Morgan.

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

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

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

PAID BILLS

EFTPS, FNBO, FE, $46.04; EFTPS, NE Dept of Revenue, RE, $2,296.14; RS1097, Grocery Mart, SU, $168.15; 42190, Payroll Fund, SA, $33,667.89; 42191, Alex Torres, SE, $312.00; 42192, NE State Historical Society, FE, $40.00; 42193, Airport Authority, RE, $191.10; 42194, Airport Bond Savings, RE, $319.00; 42195, American Cowboy, SU, $10.00; 42196, Gordon/Rushville Public School, RE, $2,525.00; 42197, Ingram, SU, $31.92; 42198, Kone, SE, $647.94; 42199, Library Petty Cash, RE, $50.17; 42200, Micro Marketing, SU, $1,650.02; 42201, NWRPPD, SE, $4,269.36; 42202, NTC, SE, $164.38; 42203, NE Library Commission, FE, $500.00; 42204, National Geographic Kids, SU, $19.95; 42205, OCLC, FE, $94.00; 42206, Reader’s Digest, SU, $22.98; 42207, St Treas of NE, RE, $48.50; 42208, Special Assessment Bond Fund, RE, $530.08; 42209, Shape, SU, $17.97; 42210, Viaero, SE, $87.00; 42211, Vogue, SU, $24.00; 42212, Woman’s Day, SU, $19.97; 42213, Xerox, EX, $118.83; 42214, City of Gordon, RE, $200.00; 42215, Madison National Life, EX, $78.23; 42216, NWRPPD, SE, $84.51; 42217, Source Gas, SE, $967.67; 42218, NE Public Health Env Lab, SE, $134.00; 42219, St Fire Marshall, SE, $250.00; 42220, Viaero, SE, $86.36; 42221, USPS, SE, $194.85; 42222, Ken Ward, RE, $320.00; 42223, Payroll Fund, SA, $25,368.20; 42224, Cooportunity , EX, $6,968.05; 42225, Tayler Hathorn, RE, $220.00; 42226, Mike Winter, RE, $96.68; 42227, Alex Torres, SE, $130.00; 42228, Ash Anderson, SE, $75.00; 42229, Consolidated Management Co, SU, $19.00. Total September Paid Bills: $83,064.94.

UNPAID BILLS

42231, Alco, SU, $129.97; 42232, Action Communications, Inc, SU, $1,951.00; 42233, Baker & Associates, SE, $9,238.10; 42234, Dan Bishop, RE, $50.00; 42235, Bauerkemper’s, SU, $15.00; 42236, Bluff’s Sanitary Supply, SU, $71.70; 42237, Jeff Brewer, RE, $50.00; 42238, Tim Brewer, SE, $275.00; 42239, City of Chadron, EX, $45.00; 42240, Scott Downing, RE, $50.00; 42241, Emergency Medical Products, SU, $156.68; 42242, Terry Eaton, RE, $50.00; 42243, First National Bank of Omaha, SU, $203.17; 42244, JD Financial, SU, $390.77; 42245, Farmer’s Coop, SU, $342.40; 42246, Fleet Services, SU, $812.53; 42247, Greg’s Electric, SE, $50.00; 42248, Great Plains Communications, SE, $1,381.06; 42249, Gall’s, SU, $102.95; 42250, Grocery Mart, SU, $29.80; 42251, Hinn’s Auto Supply, SU, $215.53; 42252, Homestead, SU, $65.36; 42253, Hillyard, SU, $528.64; 42254, Hawkins, SU, $1,598.53; 42255, Husker Auto, SU, $22.23; 42256, Clay Heath, RE, $50.00; 42257, Insurance Fund, RE, $12,162.50; 42258, Ideal Linen, SE, $105.70; 42259, Jonathan Johansen, RE, $50.00; 42260, Jebro, Inc, SU, $13,943.16; 42261, FALCO, SE, $575.00; 42262, LA Police Gear, SU, $821.58; 42263, Linweld, SU, $3,365.86; 42264, McLeod’s, SU, $727.79; 42265, Med-Tech Resources, SU, $494.84; 42266, NPPD, SE, $9,857.33; 42267, NE Total Office, SU, $59.36; 42268, NW Pipe Fittings, SU, $847.32; 42269, NE Department of Revenue, FE, $25.00; 42270, Newman Traffic Signs, SU, $187.22; 42271, One-Call Concepts, SE, $15.55; 42272, Petty Cash Fund, RE, $293.62; 42273, Panhandle Sales & Service, SE, $55.00; 42274, Shane Pascale, RE, $50.00; 42275, Source Gas, SE, $157.21; 42276, Superfoods, SU, $8.69; 42277, Sheridan County Journal Star, SU, $277.39; 42278, Smith King & Simmons, SE, $695.00; 42279, Sasse Vet Clinic, SE, $20.00; 42280, S & L Gas, SU, $1,625.51; 42281, St of NE Office of Elevator Safety, SE, $140.00; 42282, Topkote, SU, $12,111.82; 42283, True Value, SU, $1,471.19; 42284, Vinton Construction, SE, $660.00; 42285, Ken Ward, RE, $50.00; 42286, Westco, SU, $1,416.03; 42287, Water Reserve USDA, RE, $1,600.00; 42288, Water System Impr Project, EX, $15,800.00; 42289, Winter Sewing, SE, $12.00; 42290, Adam Wackler, RE, $50.00; 42291, Xerox, EX, $622.77; 42292, Zoll, SU, $1,181.19. Total September Unpaid Bills: $99,411.05. Total September Paid Bills: $83,064.94. Total September Bills: $182,475.99.

Mayor Russell announced the opening of the Special Hearing and turned the conduct of the Special Hearing over to City Manager Fred Hlava, who presided as Hearing Officer. He explained and reviewed with the Council the request to adopt a property tax request for Fiscal Year 2014-2015 different than the prior year tax request. He informed council that this year’s request is -----$2,703.00----- LESS than last year’s request. Motion by Evans, seconded by Morgan to approve Resolution 2014-08. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

RESOLUTION NO. 2014-08

WHEREAS, Nebraska Revised Statute 77-1601.02 provides that the property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization unless the Governing Body of the City of Gordon passes by a majority vote a resolution or ordinance setting the tax request at a different amount; and

WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and

WHEREAS, it is in the best interests of the City of Gordon that the property tax request for the current year be a different amount than the property tax request for the prior year.

NOW, THEREFORE, the City Council of the City of Gordon, Nebraska by a majority vote, resolves that:

1. The 2014-2015 property tax request be set at $198,040.07 for the General Fund and $16,895.00 for the Bond Fund; a total of $214,935.07.

2. A copy of this resolution be certified and forwarded to the County Clerk on or before October 13, 2014.

Passed and approved this 11th day of September, 2014.

/s/ Nancy I Russell

ATTEST:

/s/ Kim Buchan

City Clerk

The Special Hearing was closed at 6:10 pm. and conduct of the meeting was returned to the Mayor.  

Mayor Russell announced the opening of the Public Hearing for review of the 2014-2015 Budget and Budget Summary. Mayor Russell turned the conduct of the Budget Hearing over to City Manager Fred Hlava, who presided as the Hearing Officer. For the record, there was no opposition or criticism of the Fiscal Year 2014-2015 Budget.  Motion by Bounous, seconded by Grant to exceed the budget limit for the 2014-2015 Fiscal Year by an additional 1%.  Ayes: Morgan, Russell, Grant, Bounous, and Evans.

Motion by Morgan, seconded by Grant to pass the first reading of Ordinance 1146.  Ayes:  Russell, Grant, Bounous, Evans, and Morgan.

Motion by Bounous, seconded by Grant to waive second and third Readings of Ordinance 1146.  Ayes: Grant, Bounous, Evans, Morgan, and Russell.

ORDINANCE 1146

AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED by the Mayor and Council of the City of Gordon, Nebraska:

Section 1.  that after complying with all procedures required by law, the budget presented and set forth in the budget statement is hereby approved as the Annual Appropriation Bill for the fiscal year beginning October 1, 2014 through September 30, 2015.  All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of Gordon.  A copy of the budget document shall be forwarded as provided by law to the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska, and to the County Clerk of Sheridan County, Nebraska, for use by the levying authority.  The total budget of expenditures for all funds if $3,018,128.00 plus necessary cash reserves of $522,993.00 for a total of $3,541,121.00.  Total Unused Restricted Funds Authority $331,929.29.

Section 2.  This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

Passed and adopted this 11th Day of September, 2014.

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

The special hearing was closed at 6:14 pm and conduct of the City Council meeting was turned over to Mayor Russell.

City Manager Fred Hlava presented a claim submitted by Attorney Jerald L. Ostdiek on behalf of Debra Hugen. Fred Hlava stated that after review by the insurance company, the recommendation was to deny the clam. Motion by Grant, seconded by Morgan to deny the claim brought against the City of Gordon by Debra Hugen. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

Dr. David Browder, contacted City Manager Fred Hlava requesting that the city allow the Cowboy Museum to place a windmill in the city park. City Manager Fred Hlava informed council that he had consulted with the city’s insurance company. The insurance company feels that the liability for the city is too great and they have recommended that the windmill not be erected. Motion by Morgan, seconded by Evans to follow the recommendation of the insurance company and deny Dr. Browder and the Cowboy Museum’s request to erect the windmill in the park. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

City Manager Fred Hlava updated council on the work being done at the Community Thrift Center. Fred Vinton will be completing some repairs in the back of the building, which will then allow the roof repair to be completed. Fred Hlava stated that he was extremely happy with the repairs so far and was very grateful to Dale and Shirley Adkinson for all of the effort they have put into keeping the store running under adverse conditions. All repairs to the building have been funded by the $20,000 Ukena grant.

Motion by Bounous, seconded by Grant to approve Resolution 2014-09. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

RESOLUTION 2014-09

MAYOR NANCY RUSSELL INTRODUCED THE FOLLOWING RESOLUTION:

WHEREAS, the City of Gordon, Nebraska, proposes to apply for federal assistance from the Land and Water Conservation Fund program for the purpose of updating playground equipment, and

WHEREAS, the City Manager, Fred Hlava, is authorized to sign documents to obtain financial assistance, including a Project Agreement with the State of Nebraska and the National Park Service, and

WHEREAS, the City of Gordon, Nebraska will, within thirty (30) days following federal approval, obtain the necessary consultant or appraisal service for this project as directed and as required by Nebraska Game and Parks Commission staff, and

WHEREAS, the City of Gordon, Nebraska has budgeted or currently has available its 50 percent match of the proposed total project funds and will allocate these funds toward this project upon project approval by the Nebraska Game and Parks Commission, and

WHEREAS, the City of Gordon, Nebraska has the financial capability to operate and maintain the completed project and park property in a safe, attractive and sanitary manner, and

WHEREAS, the City of Gordon, Nebraska will not discriminate against any person on the basis of race, color, age, religion, disability, sex or national origin in the use of any property or facility acquired or developed pursuant to the project proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-354 (1964), and any of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17, and

WHEREAS, no property acquired and/or developed under this project shall, without the approval of the Nebraska Game and Parks Commission and the Secretary of the Interior, be converted to other than public outdoor recreation use. And, such approval may be granted only if it is in accord with the then existing Statewide Comprehensive Outdoor Recreation Plan (SCORP), and only upon such conditions as deemed necessary to assure the substitution of other outdoor recreation properties of at least equal fair market value and of reasonable equivalent usefulness and location, and

WHEREAS, the City of Gordon, Nebraska will replace the land in the event of a conversion in use in accordance with Section 6(f)(3) of the Land and Water Conservation Fund Act of 1965, as amended.

NOW, THEREFORE, BE IT RESOLVED, that the City of Gordon, Nebraska agrees to comply with all State and Federal requirements and standards where they can be applied in making the facilities developed under this project, and all future projects, accessible to and usable by the disabled.

This is to certify that this resolution is a true copy of the original document that was adopted and passed by the City of Gordon, Nebraska at a duly advertised public meeting held this 11th day of September, 2014.

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

Council has had positive feedback from the community regarding the replacement of the Playground Equipment in Winship Park. The Gordon Lion’s club has held several fund raisers in an effort to begin the process of raising the needed funds for this project, and the Gordon Kiwanis Club has donated $10,000 toward the purchase of the new playground equipment. The deadline for the grant application is October 1, 2014. Council member Tim Bounous stated that he has had numerous individuals from the community comment as to the need and high use of this park and playground equipment. Mayor Russell stated as a member of the Gordon Lion’s Club, that they are strongly committed to this project and raising the needed financing.

Laveta Edwards, King Pin Lanes, has submitted a request for extended liquor sale hours on October 5, 2014, 11 am to 5 pm; November 16, 2014, 11 am to 9 pm; December 7, 2014, 11 am to 5 pm; February 1, 2015, 11 am to 5 pm; and April 5, 2015, 11 am to 5 pm. All dates are Sundays and are for the bowling alley’s traveling league, with the exception of November 16 which is for the annual tournament. Motion by Evans, seconded by Bounous, to approve all dates and times of the request. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

Motion by Bounous, seconded by Grant to approve Resolution 2014-10. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

RESOLUTION NO. 2014-10

COUNCIL MEMBER BOUNOUS 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 6, 2014, 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.

/s/ Nancy I Russell

Mayor

ATTEST: /s/Kim Buchan

City Clerk

At the August 26, 2014 meeting of the planning commission, the commission recommended the approval of the subdivision request made by Ron Dorsey. Motion by Grant, seconded by Evans to approve Resolution 2014-11. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

RESOLUTION NO. 2014-11

SUBDIVISION APPROVAL

September 11, 2014

WHEREAS, application has been made for subdivision approval of Lots 101 and 102 a replat of Lot 13 Keller Subdivision to the City of Gordon, Sheridan County, NE, and

WHEREAS, the current owner of  Lot 13, Keller Subdivision, Dale L. Downing is party to this request made by Ron Dorsey for subdivision approval and that the request has been approved by the Planning Commission for the City of Gordon on August 26, 2014;

WHEREAS, the replat of Lot 13 Keller Subdivision creating Lots 101 and 102 is more specifically described as;

Lots 101 and 102 a replat of Lot 13, Keller Subdivision to the City of Gordon, Sheridan County, Nebraska.

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Gordon does hereby approve and grant permission to the subdivision of the parcel of property more specifically described as;

Lots 101 and 102 a replat of Lot 13, Keller Subdivision to the City of Gordon, Sheridan County, Nebraska.

IT IS FURTHER ORDERED, RESOLVED that this Resolution be made a part of the record of such real estate such that the Sheridan County Clerk shall have the power and right to receive a deed of such property and record the same of record.

Dated:this 11th day of September,2014.

/s/ Nancy I Russell

MAYOR

ATTEST: /s/ Kim Buchan

CITY CLERK

City Manager Fred Hlava updated council on the progress of the Water System Tank Repair. City crews are working on the initial phases of the repairs. Contracts for the welding and painting of the tank are in the final stages, but were not completed in time for the meeting. 

Motion by Morgan, seconded by Grant to allow Mayor Russell to sign the Constitution Week Proclamation. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

PROCLAMATION

Whereas, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and

Whereas, September 17, 2014, marks the two hundred twenty-seventh anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention, and

Whereas, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it, and

Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through September 23 as CONSTITUTION WEEK

And ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties.

In witness whereof, I have herunto set my hand and caused the Seal of the City to be affixed this 11th day of September of the year of our Lord two thousand fourteen.

/s/ Nancy I Russell

Motion by Bounous, seconded by Evans to approve Resolution 2014-12. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

RESOLUTION 2014-12

A RESOLUTION AUTHORIZING A DESIGNATED CHECKING ACCOUNT TO BE ESTABLISHED FOR THE COMPLETION OF THE WATER SYSTEM TANK REPAIR PROJECT.

WHEREAS, on June 19, 2014 there was an unexpected failure and loss of the City of Gordon’s 700,000 gallon water tank, and

WHEREAS, the City has contracted and will be incurring expenses to complete the designed work, and 

WHEREAS, the City of Gordon has made an agreement with the First National Bank of Gordon to receive a line of credit to make necessary repairs, and

WHEREAS, a separate accounting of the funds received from this line of credit is necessary.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gordon, Nebraska that the City Council authorizes the City Clerk to open a checking account to receive and disburse funds needed to complete the emergency repairs of the City of Gordon’s water tank.

Passed and approved this 11th day of September, 2014.

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

Motion by Bounous, seconded by Morgan to go into executive session at 7:10 pm for the purposes of litigation and personnel issues. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

With no further business, motion by Bounous, seconded by Grant to adjourn at 7:27 pm.  Ayes: Bounous, Evans, Morgan, Russell, and Grant.

/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 done by the Mayor and Council on September 11, 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 were written from 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: September 17, 2014