Gordon City Council Minutes April 14, 2016

Gordon City Council Minutes

April 14, 2016

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., April 14, 2016 in the Council Chambers of the City Auditorium. The Vice-Mayor noted the location of the Open Meetings Laws poster in the back of the room.

Present: Morgan, Grant, Bounous, and Evans.

Absent: Russell.

Motion by Bounous, seconded by Grant to approve the minutes of the March 10, 2016 meeting. Ayes: Grant, Bounous, Evans, and Morgan.

The March Treasurer’s Report was not available from Gardner, Loutzenhiser, and Ryan.

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

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, $148.25; EFTPS, NE Department of Revenue, RE, $2,347.79; RS1120, Italian Inn, SU, $32.22; RS1121, Positive Promotions, SU, $475.81; 44155, Minitare Police Dept, SU, $400.00; 44223, Payroll Fund, SA, $28,461.57; 44224, Greg Campbell, RE, $600.00; 44225, Airport Authority, RE, $634.82; 44226, Airport Bond Savings, RE, $774.80; 44227, American Police Hall of Fame, SU, $35.00; 44228, BC/BS, EX, $9,811.59; 44229, House Beautiful, SU, $17.97; 44230, Ingram, SU, $43.08; 44231, Library Petty Cash, SU, $48.67; 44232, Municipal Service & Supply, SE, $4,941.00; 44233, More, SU, $15.00; 44234, NWRPPD, SE, $2,059.22; 44235, National Geographic, SU, $39.00; 44236, Special Assessment Bond Fund, RE, $1,187.19; 44237, Win-911, SE, $395.00; 44238, Western Horseman, SU, $28.00; 44239, NE Law Enf Tr Center, FE, $50.00; 44240, Payroll Fund, SA, $29,120.79; 44241, Madison National Life, EX, $53.99; 44242, Source Gas, SE, $1,444.24; 44243, Viaero, SE, $159.04; 44244, USPS, SE, $180.91; 44245, Verizon, SE, $40.01; 44246, B & T, SE, $400.00; 44247, Advanced Pet Care, SU, $50.00; 44248, Sandhills, EX, $400.00; EFTPS, Ally, EX, $562.39; 44249, Applied Concepts, EX, $1,990.00; 44250, BC/BS, EX, $10,329.48; 44251, Frank Ferguson, SE, $494.00; 44252, Payroll Fund, SA, $27,849.46; 44253, John No Leaf, RE, $100.00.

Total April Paid Bills: $125,720.29.

UNPAID BILLS

44254, Chris Anderson, RE, $50.00; 44255, QLT, SE, $19.55; 44256, Candy Allison, RE, $81.89; 44257, Action Communications, SE, $846.70; 44258, Chris Burdine, RE, $50.00; 44259, Dan Bishop, RE, $50.00; 44260, The Business Connection, SU, $32.25; 44261, Jeff Brewer, RE, $50.00; 44262, Bierschbach, SU, $1,241.00; 44263, Brown/Nelson, SE, $471.88; 44264, Daylan Black Calf, RE, $50.00; 44265, Brand Electric and Grain, SU, $227.20; 44266, City of Chadron, EX, $45.00; 44267, City of Gordon, SE, $37.28; 44268, CNH Productivity Plus Acct, SU, $100.54; 44269, Culligan, EX, $1,295.00; 44270, Customized Billing, SE, $225.00; 44271, The Copy Shoppe, SU, $54.55; 44272, Croell, SU, $853.50; 44273, Display Sales, SU, $235.75; 44274, Diamond Vogel, SU, $2,246.00; 44275, Scott Downing, RE, $50.00; 44276, Deluxe Radiator, SE, $145.00; 44277, Emergency Medical Products, SU, $765.12; 44278, Eagle Chevrolet, SU, $131.58; 44279, Glen Eberspecher, SE, $232.00; 44280, First National Bank of Omaha, SU, $1,642.40; 44281, JD Financial, SU, $137.60; 44282, Feld Fire, SU, $165.00; 44283, GMHS, SE, $459.85; 44284, Great Plains Communications, SE, $1,407.86; 44285, Great Plains Communications, EX, $1,728.00; 44286, Hinn’s Auto Supply, SU, $403.79; 44287, Homestead Building Supply, SU, $260.89; 44288, HD Supply Waterworks, SU, $1,364.14; 44289, Husker Auto Parts, SU, $160.76; 44290, Clay Heath, RE, $50.00; 44291, Phillip Harris, RE, $50.00; 44292, Insurance Fund, RE, $14,859.17; 44293, Ideal Linen, SE, $116.88; 44294, Johnson Hardware Co, SU, $52.92; 44295, Kelly Construction, SU, $2,389.77; 44296, Kustom Rock, SU, $36.90; 44297, Gardner, Loutzenhiser, & Ryan, SE, $630.00; 44298, Loup Valley Lighting, SU, $106.00; 44299, McCrometer, SE, $122.88; 44300, Municipal Chemical Supply, SU, $300.00; 44301, Madison National Life, EX, $53.99; 44302, NPPD, SE, $6,475.40; 44303, NE Total Office, SU, $14.62; 44304, NW Community Action, SE, $107.00; 44305, Neve’s, SU, $2,938.94; 44306, Newman Traffic Signs, SU, $1,010.04; 44307, NMPP, FE, $888.30; 44308, NEMSA, FE, $360.00; 44309, NE Law Enf Training Center, FE, $10.00; 44310, Networkfleet, Inc, SE, $94.75; 44311, NE Environmental Products, SU, $873.38; 44312, One-Call Concepts, SE, $19.62; 44313, Powerplan, SU, $826.84; 44314, Petty Cash, RE, $330.94; 44315, Panhandle Geotech, SE, $40.00; 44316, Shane Pascale, RE, $50.00; 44317, Quill, SU, $46.85; 44318, Respond First Aid, SU, $99.85; 44319, NE Public Health Env Lab, SE, $244.00; 44320, Sheridan County Journal, SE, $817.27; 44321, Smith King & Simmons, SE, $830.00; 44322, S & L, SU, $825.86; 44323, Sirchie, SU, $28.75; 44324, Tom’s Auto, SE, $40.00; 44325, True Value, SU, $323.99; 44326, US Welding, Inc, SU, $18.01; 44327, Ken Ward, RE, $50.00; 44328, Westco, SU, $696.78; 44329, Water Reserve USDA, RE, $1,716.00; 44330, Barb Winter, SE, $15.95; 44331, Water System Impr Project, EX, $15,800.00; 44332, Adam Wackler, RE, $50.00; 44333, Wreck A Mended, SE, $396.00; 44334, Xerox, EX, $594.26.

Total April Unpaid Bills: $72,718.99.

Total April Paid Bills: $125,720.29.

Total April Bills: $198,439.28.

Motion by Evans, seconded by Grant to allow the Vice-Mayor to sign the National Police Week Proclamation and to thank them for their service to our community. Ayes: Bounous, Evans, Morgan, and Grant.

PROCLAMATION

NATIONAL POLICE WEEK

WHEREAS, the Congress of the United States of America had designated the week of May 15 to be dedicated as “NATIONAL POLICE WEEK” and May 15 of each year to be “POLICE MEMORIAL DAY”, and

WHEREAS, the law enforcement officers are our guardians of life and property, defenders of the individual right to be free men, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness, and

WHEREAS, it is known that every 57 hours an American Police Officer will be killed in the line of duty somewhere in the United States and 187 officers will be seriously assaulted in the performance of their duties, our community joins with other cities and towns to honor all peace officers everywhere.

NOW THEREFORE, I, Jane Morgan, Vice - Mayor of the City of Gordon, Nebraska proclaim the week of May 15 to May 21, 2016 to be POLICE WEEK and call upon all the citizens in this community to especially honor and show our sincere appreciation for the police officers of this City by deed, remark, and attitude. We call upon them to show their thanks to our men and women who make it possible for us to leave our homes and family in safety each day and to return to our homes knowing they are protected by men and women willing to sacrifice their lives if necessary, to guard our loved ones, property and government against all who would violate the law.

Signed this 14th day of April, 2016 in the City of Gordon, State of Nebraska. In witness thereof the seal of the City of Gordon and the signatures of the City are affixed.

/s/ Jane Morgan

Vice-Mayor

/s/ Kim Buchan

City Clerk

Council was presented with information regarding the Northwest Community Action Partnership (NWCAP) transportation agreement. Due to Gordon Countryside Care discontinuing their transportation service, the City of Gordon’s use of NWCAP’s service has increased greatly. Because of this, NWCAP is asking for an increase in the amount that the City of Gordon contributes to the program. This increase was broken down to show the amount directly related to the Gordon Countryside Care. They have agreed to split this increase with the city. NWCAP is asking Gordon to contribute $133.67 per month, which is an increase from the current contribution of $107.00 per month. Motion by Grant, seconded by Evans, to approve the new transportation agreement with Northwest Community Action Partnership. Ayes: Evans, Morgan, Grant, and Bounous.

At the March meeting of the city council, Resolution 2016-03 was discussed. It was tabled until April to allow all council members time to consider it. After some discussion, motion by Grant, seconded by Evans to approve Resolution 2016-03. Ayes: Morgan, Grant, Bounous, and Evans.

CITY OF GORDON, NEBRASKA

RESOLUTION NO. 2016-03

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

Section 1. The City of Gordon, Nebraska currently imposes a sales and use tax in the amount of one percent (1%), pursuant to the Local Option Revenue Act §77-27,142, et seq. of the Nebraska Statutes and City Ordinance No. 658 adopted on June 10, 1982. The City of Gordon is proposing to increase the existing City Sales and Use Tax by an additional one-half percent (½ %), which requires the approval of the qualified electors of the City. 

Section 2. An election is hereby called and shall be held in the City of Gordon, Nebraska on the 8th day of November, 2016, in conjunction with the state-wide general election to be held on said date, and at which election there shall be submitted to the qualified electors of the City, for their approval or rejection, the following proposition, to-wit:

“The City Council of the City of Gordon, Nebraska, currently imposes a sales and use tax in the amount of one percent (1%) upon certain transactions within the City on which the State of Nebraska and City of Gordon is authorized to impose a sales and use tax pursuant to the Nebraska Local Option Revenue Act.

Shall the governing body of the incorporated municipality impose an additional sales and use tax in the amount of one-half percent (½%) upon the same transactions within such municipality on which the State of Nebraska is authorized to impose a tax pursuant to the Nebraska Local Option Revenue Act for all lawful municipal purposes?”

( ) FOR said sales and use tax

( ) AGAINST said sales and use tax

Section 3. The following notice required by law shall be published in the Sheridan County Journal Star, a legal newspaper of general circulation within the City of Gordon not more than thirty (30) days nor less than ten (10) days prior to the date of the election. The notice shall be in substantially the following form:

CITY OF GORDON, NEBRASKA

NOTICE OF SPECIAL ELECTION 

Notice is given that on Tuesday, November 8, 2016, in the City of Gordon, Nebraska a special city election will be held during the general election at which time there will be submitted to the electors of the municipality for their approval or rejection the following proposition:

PROPOSITION NO. 1:

“The City Council of the City of Gordon, Nebraska, currently imposes a sales and use tax in the amount of one percent (1%) upon certain transactions within the City on which the State of Nebraska and City of Gordon is authorized to impose a sales and use tax pursuant to the Nebraska Local Option Revenue Act.

Shall the governing body of the incorporated municipality impose an additional sales and use tax in the amount of one-half percent (½%) upon the same transactions within such municipality on which the State of Nebraska is authorized to impose a tax pursuant to the Nebraska Local Option Revenue Act for all lawful municipal purposes?”

( ) FOR said sales and use tax

( ) AGAINST said sales and use tax

Electors deciding to vote in favor of the proposition shall mark an “X” in the parenthesis preceding the words “FOR said sales and use tax”. Electors desiring to vote against the proposition shall mark an “X” in the parenthesis preceding the words “AGAINST said sales and use and tax”.

Polls shall be open at 7:00 A.M. and will continue to be open until 7:00 P.M. on the same day and the voting places shall be the same places for all other general municipal elections within the City.

Section 4. The City Clerk shall cause a certified copy of this Resolution to be delivered to the Sheridan County Clerk.

The passage of the resolution having been consented to by more than a majority of the members elected to the Council was declared passed and adopted this 14th day of April, 2016.

CITY OF GORDON, NEBRASKA

/s/ Jane Morgan

VICE-MAYOR

ATTEST:

/s/ Kim Buchan

CITY CLERK

The first reading of Ordinance 1154 was passed at the March 10, 2016 meeting of the city council. After some discussion, motion by Grant, seconded by Bounous to pass the 2nd reading of Ordinance 1154. Ayes: Grant, Bounous, Evans, and Morgan.

ORDINANCE 1154

AN ORDINANCE ESTABLISHING WATER AND WASTEWATER RATES FOR THE YEARS 2016 THROUGH 2021.

WHEREAS, Article 30101 of the Municipal Code requires the governing body to set water and wastewater rates, and

WHEREAS, the City of Gordon expects numerous utility infrastructure projects within six years, and

WHEREAS, the City of Gordon must be able to pay for any infrastructure projects, continue to rebuild the water reserve fund, and repay USDA bonds for previous projects.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gordon that the following fee schedule be implemented April 20th, 2016, with the rates for 2017-2021 being implemented on January 1 of each year.

Water Rates: 2016, 2017, 2018, 2019, 2020, 2021. Minimum Charge: $29.50, $29.50, $29.50, $30.00, $30.00, $30.00; Per 1,000 gallons: $2.00, $2.20, $2.40, $2.60, $2.80, $3.00; Per 1,000 gallons over 10,000 gallons: $2.25, $2.50, $2.75, $3.00, $3.25, $3.50; Per 1,000 gallons over 15,000 gallons: $2.75, $3.00, $3.25, $3.50, $3.75, $4.00.

Sewer Rates: 2016, 2017, 2018, 2019, 2020, 2021. Minimum Charge: $6.00, $6.50, $7.00, $7.50, $8.00, $8.00; Per 1,000 gallons:$1.00, $1.25, $1.50, $1.75, $2.00, $2.00; Per 1,000 gallons over 10,000 gallons: $1.25, $1.50, $1.75, $2.00, $2.25, $2.50; Per 1,000 gallons over 15,000 gallons: $1.75, $2.00, $2.25, $2.50, $2.75, $3.00.

Flat Rate Users shall be charged the sum of the water and sewer minimum charges.

2016, 2017, 2018, 2019, 2020, 2021; $35.50, $36.00, $36.50, $37.50, $38.00, $38.00. 

Passed and approved this 14th day of April, 2016.

/s/ Jane Morgan

Vice-Mayor 

ATTEST:

/s/ Kim Buchan

City Clerk

Since the first reading of Ordinance 1154, the city office has received only one comment from the public against the rate increase. Motion by Grant, seconded by Bounous to waive the third reading of Ordinance 1154. Ayes: Bounous, Evans, Morgan, and Grant.

Motion by Grant, seconded by Evans to pass Ordinance 1156. Ayes: Evans, Morgan, Grant, and Bounous.

ORDINANCE NO. 1156

AN ORDINANCE OF THE CITY OF GORDON, NEBRASKA, AMENDING THE BACKFLOW REGULATIONS TO EXEMPT LAWN IRRIGATION SYSTEMS FROM THE LIST OF FACILITIES REQUIRING INSTALLATION OF BACKFLOW PREVENTION DEVICES; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

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

SECTION 1. Section 6-225(3) of the municipal code of the City be and hereby is amended to exempt lawn irrigation systems from the list of facilities requiring installation of backflow prevention devices and shall read as follows:

3. An approved backflow prevention device shall be installed on each service line to a customer’s water supply system serving the following types of facilities, unless the city manager determines that no health, pollution or system hazard to the public water supply system exists: ▫

A. Hospitals, mortuaries, dental clinics, nursing and convalescent homes, medical buildings. ▫

B. Testing laboratories, film laboratories, film development facilities. ▫

C. Sewage treatment plants, sewage pumping stations, or storm water pumping stations. ▫

D. Food or beverage processing plants. ▫

E. Chemical plants. ▫

F. Metal de-greasing, plating industries, machine tool plants, die and metal processing or productions. ▫

G. Chemical and petroleum processing or storage plants. ▫

H. Car washes, automobile servicing facilities. ▫

 I. Swimming pools. ▫

J. Laundries and dry cleaners. ▫ 

K. Packing houses. ▫ 

L. Power plants. ▫

M. Premises having radioactive materials such as laboratories, industries, hospitals. ▫

N. Rendering plants. ▫

O. Premises having a water recirculating system as used for boilers or cooling systems. ▫

P. Veterinary establishments, kennels, feedyards, stables, rodeo grounds, stockyards, pet grooming salons. ▫

Q. Beauty salons, barbershops, massage parlors, health clubs. ▫ 

R. Fire suppression systems. ▫ 

S. Multi-storied buildings greater than three stories in height. ▫ 

T. Schools, universities, colleges. ▫

U. Other commercial or industrial facilities which may constitute potential cross-connection sites. ▫

SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 

SECTION 3. This ordinance shall take effect and be in full force on after its passage, approval, and publication as required by law.

Passed and approved this 14th day of April, 2016.

CITY OF GORDON, NEBRASKA

/s/ Jane Morgan

Vice-Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

After some discussion, and the fact that Ordinance 1156 makes only a minor change to the Ordinances of the City of Gordon, motion by Bounous, seconded by Grant to waive second and third readings of Ordinance 1156. Ayes: Morgan, Grant, Bounous, and Evans.

Motion by Evans, seconded by Grant to pass Ordinance 1157. Ayes: Grant, Bounous, Evans, and Morgan.

ORDINANCE NO. 1157

AN ORDINANCE OF THE CITY OF GORDON, NEBRASKA, AMENDING THE REQUIREMENTS FOR LEAD FREE PIPES AND FITTINGS; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

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

SECTION 1. Section 6-219 of the municipal code of the City be and hereby is amended to change the requirements for percentage of lead in water pipes and fittings and shall read as follows:

Any pipe, solders or flux used in the installation or repair of any residential or non-residential facility which is connected to the public water supply system shall be lead free. For purposes of this section, “lead free” shall mean:

1. Solders and flux shall not be composed of more than .2% lead, and 

2. The wetted surface area of pipe and pipe fittings shall not be composed of more than .25% lead.

SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 

SECTION 3. This ordinance shall take effect and be in full force on after its passage, approval, and publication as required by law.

Passed and approved this 14th day of April, 2016.

CITY OF GORDON, NEBRASKA

/s/ Jane Morgan

Vice-Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

Ordinance 1157 is necessary to bring the City of Gordon codes up to current standards. Motion by Bounous, seconded by Grant to waive second and third readings of Ordinance 1157. Ayes: Bounous, Evans, Morgan, and Grant.

The Choice Gas Selection period is April 14-28. There are six companies this year – an increase from four last year. If you need assistance with the Choice Gas Selection, contact the city office.

Motion by Bounous, seconded by Grant to approve Rena Reizenstein’s (Sheridan Lounge) request for extended liquor sale hours for on and off sale liquor during the Sheridan County Fair and Rodeo. The dates and times requested are July 25, 2016 – July 30, 2016 from 10:00 am to 2:00 am. Ayes: Evans, Morgan, Grant, and Bounous.

Bill Nickolisen was unable to attend the meeting regarding the park on Fairview Drive. City Manager Jacob Sheridan presented council with an estimate of the cost to complete the loop of Fairview Drive. Council was given estimates of the cost to complete Fairview Drive, which would eliminate the turn around that currently exists because of the dead end. Council will discuss this topic again at a future council meeting.

Motion by Evans, seconded by Bounous to approve the Gordon Volunteer Rescue Squad application of Michael Neeley and to thank him for his service to our community. Ayes: Morgan, Grant, Bounous, and Evans.

Motion by Bounous, seconded by Grant to approve the Gordon Volunteer Rescue Squad application of Rebecca Johns and to thank her for her service to our community. Ayes: Grant, Bounous, Evans, and Morgan.

In January, the city manager received notice that the welcome to Gordon sign currently located west of the Western Café needed to be licensed. After some investigating, it was determined that the sign was the property of the City of Gordon. Mr. Sheridan and Mike Winter went to the sign to examine it and it was determined that the sign was in need of some major repair and was outdated. The necessity of the sign also came into question. With increased technology, people coming to our community have access to the information that was provided by this sign, and the city already has Welcome to Gordon signs in each direction. Motion by Grant, seconded by Evans to allow city crews to remove and dispose of the sign located west of the Western Café. Ayes: Bounous, Evans, Morgan, and Grant.

Motion by Bounous, seconded by Morgan to recess until 7:00 pm. Ayes: Evans, Morgan, Grant, and Bounous.

Council reconvened at 7:00 pm, and the public hearing on the Substandard and Blight determination was opened. Michael Bacon, the lawyer representing the City of Gordon during the Tax Increment Financing (TIF) process was present to answer any questions regarding the Blight Study performed by the Panhandle Area Development District (PADD). Mr. Bacon summarized the study saying that the area in question did qualify as blighted and substandard, as set forth by state statute. He also stressed that because a property was in a blighted and substandard area, it did not affect the value of the property and it would never be filed against the deed of the property. It will, however, make the property eligible for TIF. There was no comment from the public regarding the Substandard and Blight study. The public hearing was closed at 7:07 pm. 

Motion by Grant, seconded by Bounous to approve Resolution 2016-04. Ayes: Morgan, Grant, Bounous, and Evans.

RESOLUTION NO. 2016-04

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF GORDON, NEBRASKA DECLARING A CERTAIN AREA OF THE CITY TO BE BLIGHTED AND SUBSTANDARD AND IN NEED OF REDEVELOPMENT PURSUANT TO THE COMMUNITY DEVELOPMENT LAW, CHAPTER 18, ARTICLE 21, REISSUE REVISED STATUTES OF NEBRASKA, AS AMENDED

WHEREAS, it is necessary, desirable, advisable, and in the best interests of the City of Gordon, Nebraska (the “City”), for the City to undertake and carry out redevelopment projects in certain areas of the City that are determined to be blighted and substandard and in need of redevelopment; and

WHEREAS, the Community Development Law, Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended (the “Act”), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and

WHEREAS, Section 18-2109 of the Act requires that, prior to the preparation by the Community Development Agency of the City of a redevelopment plan for a redevelopment project, the Mayor and Council shall, by resolution, declare the area to be blighted and substandard; and

WHEREAS, on Thursday, April 14, 2016, at 7 p.m., the Mayor and Council of the City held a public hearing (the “Public Hearing”) in the Council Room at the Gordon City Hall, 311 North Oak Street in the City, to determine whether that certain area more fully described below (the “Redevelopment Area”) should be declared blighted and substandard and in need of redevelopment as required by the Act; and

WHEREAS, notice of the Public Hearing was published in The Sheridan County Journal Star, a legal newspaper of general circulation in the City, on March 23, 2016, and March 30, 2016, which notice described the time, date, place and purpose of the Public Hearing and the legal description of the Redevelopment Area; the last publication of such notice being at least ten days prior to the time of the Public Hearing; and

WHEREAS, on or before March 30, 2016, such date being at least 10 days prior to the time of the Public Hearing, the City mailed notice of the Public Hearing by United States Certified Mail, return receipt requested, sufficient postage affixed, to all registered neighborhood associations whose area of representation is located in whole or in part within a one-mile radius of the Redevelopment Area and to the president or chairperson of the governing body of each county, school district, community college, educational service unit, and natural resources district with real property in the Redevelopment Area, which notice included the time, date, place, and purpose of the Public Hearing and included a map of sufficient size to show the Redevelopment Area; and

WHEREAS, the Public Hearing was conducted and all interested parties were afforded a reasonable opportunity to express their views respecting the declaration of the Redevelopment Area as blighted and substandard and in need of redevelopment, and the Mayor and Council reviewed and discussed a Redevelopment Area Substandard/Blight Survey (the “Blight Study”) prepared by The Panhandle Area Development District; and

WHEREAS, the Planning Commission of the City has reviewed the Blight Study and made its recommendation and on April 14, 2016, and the Mayor and Council reviewed and discussed the recommendation received from the Planning Commission; and

WHEREAS, the Mayor and Council desire to determine whether the Redevelopment Area is blighted and substandard and in need of redevelopment in accordance with the Act.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GORDON, NEBRASKA AS FOLLOWS:

Section 1. The Redevelopment Area is hereby declared to be substandard and in need of redevelopment pursuant to the Act, in that conditions now exist in the Redevelopment Area meeting the criteria set forth in Section 18-2103(10) of the Act, as described and set forth in the Blight Study. The Redevelopment Area is more particularly described on attached Exhibit A.

Section 2. The Redevelopment Area is hereby further declared to be blighted and in need of redevelopment pursuant to the Act, in that conditions now exist in the Redevelopment Area meeting the criteria set forth in the Act, including, without limitation, (a) one or more of the factors set forth in Section 18-2103(11)(a) of the Act and (b) at least one of the factors set forth in (i) through (iv) of Section 18-2103(11)(b) of the Act, as described and set forth in the Blight Study.

Section 3. The blighted and substandard conditions existing in the Redevelopment Area are beyond remedy and control solely through the regulatory process and the exercise of police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided by the Act, and the elimination of the blighted and substandard conditions under the authority of the Act is hereby found to be a public purpose and declared to be in the public interest.

Section 4. The Redevelopment Area is in need of redevelopment and is or will be an eligible site for a redevelopment project under the provisions of the Act at the time of the adoption of any redevelopment plan with respect thereto.

Section 5. This Resolution shall be published and shall take effect as provided by law.

DATED: April 14, 2016.

CITY OF GORDON, NEBRASKA

ATTEST:

By: /s/ Jane Morgan

Vice-Mayor

By: /s/ Kim Buchan

City Clerk

Motion by Bounous, seconded by Grant to go into recess at 7:10 pm. Ayes: Grant, Bounous, Evans, and Morgan.

The City Council reconvened at 7:30 pm, and the public hearing on the Redevelopment Plan was opened. Mike and Sherrie Cookston, owners of Stockmen’s Drug, voiced their concerns regarding Shopko putting in a pharmacy and the negative impact they felt it would have on their business. There was not a representative from Shopko at the meeting. Brian Smith, representative of KTJ, which is a subsidiary of Oppidan, the company who will be developing the property was present to answer any of the public’s questions regarding the development plan. The public hearing was closed at 7:40 pm.

After some discussion, motion by Bounous, seconded by Morgan to pass Resolution 2016-05. Ayes: Grant, Bounous, Evans, and Morgan.

RESOLUTION NO. 2016-05

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF GORDON, NEBRASKA APPROVING A REDEVELOPMENT PLAN; AND RELATED MATTERS

WHEREAS, the City of Gordon, Nebraska, a municipal corporation and city of the second class (the “City”), has determined it to be desirable to undertake and carry out urban redevelopment projects in certain areas of the City that are determined to be blighted and substandard and in need of redevelopment; and

WHEREAS, the Community Development Law, Chapter 18, Article 21, Neb. Rev. Stat., as amended (the “Act”), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and

WHEREAS, the City has previously declared the area legally described in Exhibit A attached hereto (the “Redevelopment Project Area”) to be blighted and substandard and in need of redevelopment pursuant to the Act; and

WHEREAS, the Community Development Agency of the City of Gordon, Nebraska (the “Agency”) has received a Redevelopers Redevelopment Plan prepared by KTJ 283, LLC (the “Redevelopment Plan”), in the form attached hereto as Exhibit A, for the redevelopment of the Redevelopment Project Area; and 

WHEREAS, the Agency and the Planning Commission of the City (the “Planning Commission”) have both reviewed the Redevelopment Plan and recommended its approval by the Mayor and Council of the City; and

WHEREAS, the City published and mailed notices of a public hearing regarding the consideration of the approval of the Redevelopment Plan pursuant to Section 18-2115 of the Act, and has on the date of this Resolution held a public hearing on the proposal to approve the Redevelopment Plan; and

WHEREAS, the City has reviewed the Redevelopment Plan and determined that the proposed land uses and building requirements described therein are designed with the general purpose of accomplishing a coordinated, adjusted, and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency in economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provisions for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GORDON, NEBRASKA:

Section 1. The Redevelopment Plan is hereby determined to be feasible and in conformity with the general plan for the development of the City as a whole, and the Redevelopment Plan is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined, based on the analysis conducted by the Agency, that (a) the redevelopment project described in the Redevelopment Plan would not be economically feasible without the Project Area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the City, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of the recommendations of the Agency and the Planning Commission with respect to the Redevelopment Plan.

Section 2. The Redevelopment Plan is hereby approved in substantially the form attached hereto, with such immaterial changes, additions, or deletions thereto as may be determined to be necessary by the Mayor in his sole and absolute discretion. 

Section 3. The “cost benefit analysis” set forth in the Plan has been reviewed by the Mayor and Council and is hereby approved and adopted as required by Section 18-2113 of the Act.

Section 4. In accordance with Section 18-2147 of the Act, the City hereby provides that any ad valorem tax on real property in the Project Area for the benefit of any public body be divided as follows for a period of 15 years after the effective date which shall be established by a separate redevelopment contract as provided in Section 18-2147 of the Act. The taxes shall be divided as follows:

(a) That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and

(b) That proportion of the ad valorem tax on real property in the Project Area in excess of such amount (the Redevelopment Project Valuation), if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Agency to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Agency for financing or refinancing, in whole or in part, the Project.  When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Agency shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in the Project Area shall be paid into the funds of the respective public bodies.

Section 5. The Mayor and Clerk are hereby authorized and directed to execute such documents and take such further actions as are necessary to carry out the purposes and intent of this Resolution and the Redevelopment Plan.

PASSED AND APPROVED April 14, 2016.

CITY OF GORDON, NEBRASKA

ATTEST:

By: /s/ Jane Morgan

Vice-Mayor

By: /s/ Kim Buchan

Clerk

With no further business, motion by Bounous, seconded by Grant to adjourn the city council meeting at 7:45 pm. Ayes: Bounous, Evans, Morgan, 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 April 14, 2016; 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: April 20, 2016