Gordon City Council Minutes August 13, 2015

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 13, 2015 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:  Grant, Bounous, Evans, Morgan, and Russell.

Absent:  No One.

Motion by Morgan, seconded by Bounous to approve the minutes of the July 9, 2015 meeting.  Ayes: Bounous, Evans, Morgan, Russell, and Grant.

Motion by Evans, seconded by Grant to approve the June 2015 Treasurer’s Report. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

Motion by Bounous, seconded by Morgan to approve the July 2015 Treasurer’s Report. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

Motion by Bounous, 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, $51.79; EFTPS, NE Dept of Revenue, RE, $2,210.77; RS1109, Brown Industries, SU, $402.48; RS1110, First National Bank of Omaha, SU, $186.18; RS1111, Grocery Mart, SU, $320.09; RS1112, Italian Inn, SU, $50.00; RS1113, Superfoods, SU, $146.89; EFTPS, JP Morgan Chase, EX, $922.50; 43430, Perpetual Care Fund, RE, $200.00; 43431, Sheridan County Clerk, FE, $16.00; 43432, Alex Torres, SE, $104.00; 43433, Airport Authority, RE, $172.50; 43434, Airport Bond Savings, RE, $223.39; 43435, American Cowboy, SU, $14.95; 43436, Amazon.com, SU, $587.75; 43437, Brodart, SU, $18.25; 43438, Chadron Record, SU, $52.00; 43439, Centurion Technologies, SE, $50.00; 43440, Demco, SU, $415.35; 43441, Fleet Services, SU, $577.19; 43442, Kelly Construction, SU, $787.24; 43443, Library Petty Cash, RE, $50.22; 43444, Modern Marketing, SU, $169.03; 43445, Midwest Living, SU, $19.97; 43446, NWRPPD, SE, $3,016.47; 43447, NE Crime Commission, SU, $8.00; 43448, NE Center for the Book, FE, $15.00; 43449, NE Life, SU, $24.00; 43450, Rapid City Journal, SU, $319.80; 43451, Special Assessment BF, RE, $576.83; 43452, Viaero, SE $111.91; 43453, Xerox, EX, $371.70; 43454, Payroll Fund, SA, $36,037.34; 43455, Tri State Cowboy Assoc, RE, $3,500.00; 43456, Alex Torres, SE, $123.50; 43457, Robert Two Two, RE, $50.00; 43458, Modern Marketing, SU, $91.17; 43459, Madison Nat’l Life, EX, $41.74; 43460, Alex Torres, SE, $338.00; 43461, BC/BS, EX, $8,903.46; 43462, Source Gas, SE, $943.47; 43463, Viaero, SE, $73.71; 43464, Forest Capler, RE, $125.00; 43465, Jeff Brewer, RE, $500.00; 43466, City of Gordon, RE, $340.00; 43467, Adam Wackler, RE, $100.00; 43468, Susan McDonald, RE, $60.74; 43469, Payroll Fund, SA, $32,271.46; 43470, CNH, FE, $3.84; 43471, USPS, SE, $187.27; 43472, Jacob Sheridan, RE, $225.00; 43473, Jeff Brewer, RE, $271.20; 43474, Taylor Kaplan, RE, $11.82; 43475, Sandhills Land & Property, EX, $400.00; 43476, Alex Torres SE, $156.00; 43477, B & T, SE, $200.00; 43478, Clay Heath, RE, $500.00. Total August Paid Bills: $97,646.97.

UNPAID BILLS

43479, Arnold Pool Company, SU, $58.24; 43480, Alamar, SU, $69.43; 43481, Action Communications, SE, $157.00; 43482, Dan Bishop, RE, $50.00; 43483, Bluffs Sanitary Supply, SU, $151.09; 43484, Jeff Brewer, RE, $50.00; 43485, Blue Book, SU, $15.95; 43486, City of Chadron, EX, $45.00; 43487, City of Gordon, SE, $37.28; 43488, Customized Billing, SE, $195.00; 43489, Kim Dehart, SE, $60.00; 43490, Scott Downing, RE, $50.00; 43491, Emergency Medical Products, SU, $497.87; 43492, Elko Inc, SU, $212.59; 43493, First National Bank of Omaha, SU, $1,498.09; 43494, JD Financial, SU, $193.24; 43495, Fleet Services, SU, $843.21; 43496, GMHS, SE, $25.00; 43497, Jan Grover, RE, $35.15; 43498, Great Plains Communications, SE, $1,424.27; 43499, Great Western Tire, SU, $235.76; 43500, Galls, SU, $908.92; 43501, Hinn’s Auto Supply, SU, $469.33; 43502, Homestead Building Supply, SU, $107.68; 43503, Hills Materials, SU, $966.45; 43504, Husker Auto, SU, $13.02; 43505, Susan Hill, SE, $1,000.00; 43506, Clay Heath, RE, $50.00; 43507, Insurance Fund, RE, $14,702.08; 43508, Ideal Linen, SE, $110.79; 43509, Jefco Glass, SU, $69.39; 43510, Johnson Hardware Co, SU, $393.00; 43511, Kone Inc, SE, $669.00; 43512, FALCO, SE, $610.00; 43513, Lew’s Fireworks, SU, $4,026.32; 43514, Lynn Peavy Co, SU, $53.50; 43515, Metal Products, SE, $81.00; 43516, McLeods, SU, $465.30; 43517, Macumber Plumbing, SE, $223.63; 43518, NPPD, SE, $11,923.52; 43519, NE Total Office, SU, $41.51; 43520, NWRPPD, SE, $4,277.93; 43521, NW Pipe Fittings, SU, $152.27; 43522, NW Community Action, SE, $107.00; 43523, NE Rural Water, FE, $200.00; 43524, NSVFA, FE, $680.00; 43525, NE Dept of Agriculture, FE, $150.00; 43526, NMPP Energy, FE, $888.30; 43527, Omaha World Herald, SU, $70.85; 43528, One-Call Concepts, SE, $18.50; 43529, Public Safety Center, SU, $59.57; 43530, Petty Cash, RE, $161.23; 43531, PADD, FE, $1,249.45; 43532, Panhandle Sales & Service, SU, $65.00; 43533, Shane Pascale, RE, $50.00; 43534, Pine Ridge Land Surveys, SE, $383.00; 43535, NE Public Health Env Lab, SE, $116.00; 43536, Scotts Manufacturing, SE, $43.34; 43537, Superfoods, SU, $12.35; 43538, Stockmen’s Drug, SU, $92.99; 43539, Sheridan County Journal Star, SE, $281.03; 43540 SWANA, FE, $212.00; 43541, Smith King & Simmons, SE, $1,040.00; 43542, S & L, SU, $1,616.39; 43543, True Value, SU, $961.41; 43544, USA Blue Book, SU, $202.17; 43545, Ken Ward, RE, $50.00; 43546, Westco, SU, $720.56; 43547, Water Reserve USDA, RE, $1,600.00; 43548, Water System Impr Project, EX, $15,800.00; 43549, Winter Sewing, SE, $27.00; 43550, West River Computers, SU, $649.98; 43551, Adam Wackler, RE, $50.00; 43552, Xerox, EX, $555.22. Total August Unpaid Bills: $75,332.15.

Total August Paid Bills: $97,646.97. Total August Bills: $172,979.12

Holly Anderson, Program Manager for EagleMed, was at the council meeting to present the City of Gordon with a $70,000 donation to be used for the purchase of the Automated Weather Observation System (AWOS) for the Gordon Municipal Airport. The AWOS system being installed at the Gordon Municipal Airport will not only be a life-saving addition for the City of Gordon, but it will aid in the growth of EagleMed, which is a sister company of Air Link, the Life Flight ambulance based in Scottsbluff.

City Manager Fred Hlava informed council that in the process of reviewing Winship Park for the purposes of the Winship Park Playground Equipment Grant, it was discovered that the legal description in the lease with the Cowboy Museum was incorrect. City Manager Fred Hlava consulted with Philip Curd from Pine Ridge Land Surveyers, and a correct description for the lease was obtained. Motion by Grant, seconded by Morgan to pass Ordinance 1149. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

ORDINANCE NO. 1149

AN ORDINANCE PROVIDING FOR THE REVISION AND RESTATING OF THE LEASE AGREEMENT PREVIOUSLY MADE WITH THE TRI-STATE OLD TIME COWBOYS MEMORIAL MUSEUM INC.

WHEREAS the original Indenture of Lease was approved by Ordinance #453;

WHEREAS the original Indenture of Lease with Tri-State Old Time Cowboys Memorial Museum Inc. contained an erroneous legal description;

WHEREAS the parties, City of Gordon, and Tri-State Old Time Cowboys Memorial Museum Inc., desire to restate and revise the original Indenture of Lease to correct the erroneous description of the premises leased;

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

Section 1. The Mayor and the Council of the City of Gordon, Nebraska hereby approve a revised and restated Indenture of Lease to Tri-State Old Time Cowboys Memorial Museum Inc. wherein the description of the premises leased is revised and restated to be as follows:

A tract of land located in Block Four (4), Original Town of Gordon, Nebraska, bounded and described as follows:

All that tract of land now occupied by the existing building structure known as the “TRI-STATE OLD TIME COWBOYS MEMORIAL MUSEUM”, and including the concrete/cement patio located immediately southeast and adjacent to the building structure and including also the two sidewalks providing ingress and access on the east side of the building structure.

Section 2. In all other respects, the original Indenture of Lease shall remain in full force and effect.

Section 3. The Mayor and City Clerk are hereby authorized and empowered to execute such revised and restated Lease on behalf of the City of Gordon.

Section 4. This Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law.

PASSED, APPROVED AND ORDERED PUBLISHED this 13th day of August, 2015.

CITY OF GORDON, NEBRASKA

/s/ Nancy I Russel

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

Motion by Bounous, seconded by Morgan to waive second and third readings of Ordinance 1149. Ayes: Bounous, Evans, Morgan, and Russell.

Motion by Bounous, seconded by Evans to go into executive session at 6:17 pm to discuss personnel issues relating to the City Manager search. Ayes: Evans, Morgan, Russell, Grant, Bounous, and Evans. It was restated for the record, the only item to be discussed in executive session was personnel issues relating to the City Manager search. 

Council reconvened in regular session at 6:35 pm.

Motion by Grant, seconded by Morgan to accept the contract with Jacob Sheridan as presented, for the position of City Manager for the City of Gordon. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

The City of Gordon contracted to have the alley between 3rd and 4th Streets, and Main and Elm Streets paved. This is a high traffic alley and has had drainage issues in the past. Council and city officials have all received many positive comments about the paving of this alley.

Motion by Evans, seconded by Grant to pass Resolution 2015-09. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

RESOLUTION NO. 2015-09

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 18, 2015, 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

MAYOR  

ATTEST: /s/ Kim Buchan

CITY CLERK

City Manager Fred Hlava has reviewed the Highway 20 Interlocal Agreement with Chief Jeff Brewer and City Attorney Dennis King. This Interlocal Agreement must be renewed on a yearly basis per state law. Motion by Evans, seconded by Grant to approve Resolution 2015-12. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

RESOLUTION 2015-12

A RESOLUTION ADOPTING THE HIGHWAY 20 LAW ENFORCEMENT INTERLOCAL AGREEMENT.

THIS AGREEMENT is made and entered into by and between the Cities of Gordon, Valentine, Chadron, Crawford, Atkinson and the Counties of Sioux, Dawes, Sheridan, Cherry, Keya Paha, Brown, Rock and Holt and all political subdivisions of the State of Nebraska, pursuant to the provisions of LB 667, codified as Sec. 29-215, R.R.S. Reissue 1994, which became effective on February 28, 2011, so as to empower law enforcement officers (“Officer” as defined in the Interlocal Agreement) of each of the Cooperating Agencies to exercise extraterritorial law enforcement authority and arrest.

WHEREAS, both the Cities of Chadron and Crawford are located within the County of Dawes, and the City of Gordon is located within the County of Sheridan, and the City of Valentine is located within the County of Cherry, and the City of Atkinson is located within the County of Holt, all which are located within the State of Nebraska; and

WHEREAS, the Cooperating Agencies wish to provide for personnel backup and such other assistance as any of the parties may require in time of emergency or other time of need; and

WHEREAS, an interlocal agreement for law enforcement services would enhance the police protection in all identified jurisdiction; and

WHEREAS, the Cooperating Agencies wish to formalize their understanding pursuant to the Interlocal Cooperation Act of the State of Nebraska, Neb. Rev. Stat. ’13-801 et seq., as amended (herein “Interlocal Cooperation Act”).

NOW, THEREFORE, BE IT RESOLVED that the Highway 20 Law Enforcement Interlocal Agreement referred to herein above is hereby adopted. That the governing body of the City of Gordon hereby directs and authorizes the Mayor and City Clerk to execute said agreement on behalf of the municipality.

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

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

At the July council meeting the first reading of Ordinance 1148 was passed. Since this time there have been no comments, positive or negative, regarding Ordinance 1148. Motion by Morgan, seconded by Grant, to pass the second reading of Ordinance 1148. Ayes; Evans, Morgan, Russell, Grant, and Bounous.

ORDINANCE NO. 1148

AN ORDINANCE OF THE CITY OF GORDON, NEBRASKA, PROVIDING PROCEDURES FOR DISCONNECTION OF WATER SERVICE; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

A full copy of Ordinance 1148 is available at the Office of the City Clerk, 311 N Oak St, Gordon, NE. Third reading of Ordinance 1148 will be at the September council meeting.

Motion by Evans, seconded by Bounous to appoint City Manager Jacob Sheridan to the Panhandle Area Development District (PADD) Board. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

Motion by Evans, seconded by Bounous to approve Resolution 2015-10. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

RESOLUTION 2015-10

A RESOLUTION ADOPTING THE LOWER PLATTE NORTH NATURAL RESOURCES DISTRICT MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN UPDATE IN ITS ENTIRETY.

WHEREAS, the Federal Disaster Mitigation Act of 2000 was signed in to law on October 30, 2000, placing new emphasis on state and local mitigation planning for natural hazards and requiring communities to adopt a hazard mitigation action plan to be eligible for pre-disaster and post-disaster federal funding for mitigation purposes; and

WHEREAS, a Multi-jurisdictional Hazard Mitigation Plan was prepared by Region 23 with assistance from JEO Consulting Group, Inc. of Lincoln, NE, which includes the jurisdiction of the City of Gordon, NE.

WHEREAS, the purpose of the mitigation plan was to lessen the effects of disasters by increasing the disaster resistance of the Natural Resources District and participating jurisdictions located within the planning boundary by identifying the hazards that affect the City of Gordon, NE, and prioritize mitigation strategies to reduce potential loss of life and property damage from those hazards; and

WHEREAS, FEMA regulations require documentation that the plan has been formally adopted by the governing body of the City of Gordon, NE in the form of a resolution and further requesting approval of the plan at the Federal Level; and

NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GORDON, NE, do herewith adopt the Lower Platte North Natural Resources District Multi-Jurisdictional Hazard Mitigation Plan Update in its entirety.

Passed and approved this 13th   day of August, 2015.

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

City Manager Fred Hlava updated council on the progress of the Winship Park Playground Equipment project. All of the equipment has been ordered. Monday, September 14, city crews will begin tearing out the old playground equipment and begin prepping for the installation of the new equipment. Installation will begin on Tuesday, September 15. The Lion’s Club and volunteers from the community will be assisting with the, as will city crews.

The money for the Winship Playground Equipment project has all been secured, but it will be received as a reimbursement. It is necessary to secure a tax anticipation note in order to pay for the equipment. Motion by Morgan, seconded by Grant to approve Resolution 2015-11. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

RESOLUTION 2015-11

A RESOLUTION AUTHORIZING THE MAYOR TO SIGNATURE A TAX ANTICIPATION NOTE WITH THE FIRST NATIONAL BANK OF GORDON, NEBRASKA IN THE AMOUNT OF $100,000.00 FOR PLAYGROUND EQUIPMENT IN WINSHIP PARK.

WHEREAS, the City of Gordon playground equipment in Winship Park has met its useful life and safety standards, and

WHEREAS, the City of Gordon has made application to the Nebraska Game and Parks Commission for a Land and Water Conservation Fund Grant in the amount of $100,000.00 as herein stated, and

LWCF Assistance Amount: 50,000

Ukena Grant: 10,000

Kiwanis Club: 10,000

Lions Club: 10,000

City of Gordon: 15,000

City Force Account Labor: 5,000

Total: 100,000

WHEREAS, financial commitment for the project has been attained.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GORDON, hereby authorizes the Mayor of the City of Gordon to signature all necessary documents to obtain the Tax Anticipation Note from the First National Bank of Gordon, Nebraska.

Passed and approved this 13th day of August, 2015.

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

City Manager Fred Hlava updated council on the Airport Runway Renovation Project. There had been several issues due to the excessive amount of rain received in our area this Spring and Summer, however, the project has been very successful is very near completion as of today. Fred Hlava did the last walk through with the engineer today, and the only thing remaining to complete is the first painting of the lines, which should be completed by Monday.

City Manager Fred Hlava has been working with Chief Jeff Brewer and Gordon/Rushville Public Schools Superintendent Lori Liggett to finalize the School Resource Officer program details. The issue of certification of the police officer had not been addressed previously. They have also been working on the advertisement for employment and the application process. All applications will go through the Office of the City Clerk.

Due to scheduling conflicts, the Council Budget Workshop has been moved to Thursday, September 3, 2015 at 5:15pm in the council chambers of the city auditorium, 311 N Oak Street.

Well #9 in the Gordon Municipal Water system experienced the loss of the motor. This is the well that has the emergency generation system, which necessitated immediate repair. Workers from Layne Christensen are currently working on the repairs and should have them completed by this weekend. There is a possibility the damage was caused by lightning, which will enable the city to recover some of the costs through an insurance claim. Council will be updated at the September meeting.

Council was given one FYI item – the July police statistics.

Motion by Bounous, seconded by Evans to adjourn at 7:10 pm.  Ayes: Evans, Morgan, 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 done by the Mayor and Council on August 13, 2015; 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 19, 2015