Gordon City Council Minutes May 12, 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 by Mayor Russell at 6:00 p.m., May 12, 2016 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 Evans, seconded by Bounous to approve the minutes of the April 14, 2016 meeting. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

Motion by Bounous, seconded by Grant, to approve the March 2016 Treasurer’s Report. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

After some discussion, motion by Evans, seconded by Morgan to approve the bills. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

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, $117.67; EFTPS, NE Department of Revenue, RE, $2,278.27; EFTPS, Fleet Services, SU, $522.78; EFTPS, Wex Bank, SU, $59.06; RS1122, Foremost Promotions, SU, $1,167.62; RS1123, Pizza Hut, SU, $106.44; 44335, Airport Authority, RE, $1,653.68; 44336, Airport Bond Savings, RE, $2,032.84; 44337, Omin, EX, $42.50; 44338, Glen Eberspecher, SE, $232.00; 44339, Family Circle, SU, $9.99; 44340, Nation Flowers, SE, $232.00; 44341, Horticulture, SU, $9.95; 44342, Ingram, SU, $20.80; 44343, Library Petty Cash, RE, $49.74; 44344, NWRPPD, SE, $3,652.52; 44345, NPZA, SU, $15.00; 44346, Omaha World Herald, SU, $176.28; 44347, Saturday Evening Post, SU, $49.95; 44348, Special Assessment Bond Fund, RE, $3,074.35; 44349, Payroll Fund, SA, $33,320.16; 44350, Bell Emergency Training, SE, $247.50; 44351, City of Gordon, RE, $24.23; 44352, City of Norfolk, FE, $125.00; 44353, Dwight Deaver, RE, $15.77; 44354, NE Secretary of State, FE, $30.00; 44355, Sour, SE, $997.92; 44356, Glen Spaugh, RE, $500.00; 44357, Viaero, SE, $158.95; 44358, USPS, SE, $175.81; 44359, Verizon, SE, $40.01; 44360, Payroll Fund, SA, $27,474.91; 44361, Frank Ferguson, SE, $247.00; EFTPS, Ally, EX, $562.39; EFTPS, Wex Bank, SU, $523.55.

Total May Paid Bills: $79,946.64.

UNPAID BILLS

44362, Chris Anderson, RE, $50.00; 44363, Air Methods Corp, EX, $29.25; 44364, Baker & Associates, SE, $2,270.00; 44365, Chris Burdine, RE, $50.00; 44366, Dan Bishop; RE, $50.00; 44367, The Business Connection, SU, $41.24; 44368, Jeff Brewer, RE, $50.00; 44369, Berry Creek Enterprises, SU, $320.00; 44370, Daylan Black Calf, RE, $50.00; 44371, City of Chadron, EX, $45.00; 44372, City of Gordon, SE, $38.88; 44373, CNH Productivity Plus Acct, SU, $55.88; 44374, Customized Billing, SE, $255.00; 44375, Channing Bete, SU, $375.51; 44376, Chadron Plumbing, SE, $1,449.51; 44377, Scott Downing, RE, $50.00; 44378, Emergency Medical Products, SU, $136.44; 44379, First National Bank of Omaha, SU, $176.49; 44380, JD Financial, SU, $214.47; 44381, Feld-Fire, SE, $1,200.00; 44382, Great Plains Communications, SE, $1,666.70; 44383, Grocery Mart, SU, $2.35; 44384, Hinn’s Auto Supply, SU, $1,542.16; 44385, Homestead Building Supply, SU, $728.45; 44386, Husker Auto Parts, SU, $96.59; 44387, Hawkins, SU, $878.00; 44388, Clay Heath, RE, $50.00; 44389, Phillip Harris, RE, $50.00; 44390, Hills Materials, SU, $2,337.43; 44391, Ideal Linen, SE, $115.91; 44392, Johnson Hardware Co, SU, $784.56; 44393, Kelly Construction, SU, $3,624.00; 44394, Kimball Midwest, SU, $115.81; 44395, Kustom Rock, SE, $40.00; 44396, Gardner, Loutzenhiser, & Ryan, SE, $630.00; 44397, Liquid Engineering, SE, $2,600.00; 44398, McCrometer, SU, $3,727.47; 44399, McLeods, SU, $687.80; 44400, Municipal Chemical Supply, SU, $180.00; 44401, Matthew Martin Hutt, PhD, SE, $450.00; 44402, Michael Todd & Co, SU, $355.64; 44403, NPPD, SE, $6,626.11; 44404, NW Pipe Fittings, SU, $6,000.00; 44405, NW Community Action, SE, $107.00; 44406, Neve’s, SU, $96.41; 44407, NE Dept of Labor, SE, $140.00; 44408, Newman Traffic Signs, SU, $32.27; 44409, Neutron, SU, $296.72; 44410, Networkfleet, Inc, SE, $94.75; 44411, NE Environmental Products, SU, $425.71; 44412, One-Call Concepts, SE, $20.43; 44413, Powerplan, SU, $81.95; 44414, Perpetual Care Fund, RE, $200.00; 44415, Petty Cash, RE, $339.67; 44416, Panhandle Sales & Service, SU, $30.00; 44417, Panhandle Clerk’s Assoc, FE, $40.00; 44418, Shane Pascale, RE, $50.00; 44419, Petersen Drug, SU, $42.60; 44420, Quill, SU, $404.84; 44421, Stockmen’s Drug, SU, $136.89; 44422, Sheridan County Journal, SE, $725.53; 44423, Smith King & Simmons, SE, $560.00; 44424, S & L, SU, $985.02; 44425, True Value, SU, $761.61; 44426, US Welding, Inc, SU, $145.02; 44427, Ken Ward, RE, $50.00; 44428, Westco, SU, $2,725.03; 44429, Water Reserve USDA, RE, $1,716.00; 44430, Barb Winter, SE, $37.00; 44431, Water System Impr Project, EX, $15,800.00; 44432, Adam Wackler, RE, $50.00; 44433, WPCI, SE, $52.50; 44434, Xerox, EX, $629.22.

Total May Unpaid Bills: $66,972.82.

Total May Paid Bills: $79,946.64.

Total May Bills: $146,919.46.

Jordan Huether, President of the Gordon Movie Theatre Board, was at the meeting to accept a $275 donation from the Public Alliance for Community Energy (P)ACE, to be put toward the renovation of the Gordon Theatre. 

Geneie Andrews, GIS Workshops, was present at the council meeting to answer any further questions the council had regarding her company’s product. Geneie had given a mini workshop for City of Gordon staff that afternoon. Utility Superintendent Mike Winter stated to council that he thought it would be an extremely valuable tool, if council decided to purchase it. In addition to mapping the city’s infrastructure, it would be used to produce work orders and records of repairs and installations of components of the infrastructure. It will take approximately 12 weeks to collect the city’s data and build the platform. Most of the cost will occur in the next fiscal year. After some discussion, motion by Morgan, seconded by Grant to approve the contract with GIS Workshops. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

Steve Riggs was present to voice his concerns to the council regarding the use of a generator in his neighborhood. The property owner had been contacted by City Clerk Kim Buchan, but was out of state and was unable to attend the meeting, but would like to be on the agenda for June’s meeting. City Manager Jacob Sheridan had sent letters to the tenant and to the property owner regarding the city ordinance pertaining to noise violations. City ordinance prohibits the use of industrial equipment between the hours of 8:00 pm and 7:00 am. Chief Adam Wackler stated to council that state laws regarding disturbing the peace are not limited by hours and that if Mr. Rigg’s peace is being disturbed by the generator, he should call for law enforcement, no matter what time of day it is. This agenda item will be discussed again at the June council meeting.

Motion by Bounous, seconded by Morgan to pass Resolution 2016-06. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

Resolution 2016-06

WHEREAS, the City of Gordon intends to create a parade route from 1st and Main to 5th and Main for the Sheridan County Fair and Rodeo Parade July 30, 2016 from 9:00 am to 12:00 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 5th 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 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.

CITY OF GORDON, NEBRASKA

/s/ Nancy I Russell

MAYOR 

ATTEST: /s/ Kim Buchan

CITY CLERK

Motion by Grant, seconded by Evans to pass Resolution 2016-07. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

Resolution 2016-07

WHEREAS, the City of Gordon intends to create an area for the Gordon Chamber of Commerce to host their annual Fall Festival, from 1st and Main to 3rd and Main on Saturday, October 8, 2016 from 6:00 am to 6:00 pm, and

WHEREAS, the City of Gordon will create a detour using the proper signage and using the route provided on the map which is attached to Resolution 2016-07, and

WHEREAS, closure of roadways within the area is necessary to relieve the through traffic from the area in the City of Gordon, Nebraska on or near the area, 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 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

Motion by Morgan, seconded by Bounous to reappoint Sharon Fochtman to the Library Board and to thank her for her volunteer service to the city. Her term will expire in May 2020. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

Chief Adam Wackler had voiced concerns regarding the city’s current curfew notice. He felt after a discussion with the County Attorney, that the current ordinance would be difficult to prosecute, and due to recent vandalism, an updated ordinance was needed. Council was given a copy of the current code, and City Manager Jacob Sheridan outlined the changes the new ordinance would put into effect. Motion by Evans, seconded by Grant to pass Ordinance 1158. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

ORDINANCE NO. 1158

AN ORDINANCE OF THE CITY OF GORDON, NEBRASKA, AMENDING THE CURFEW REGULATIONS; 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. The following sections of Chapter 2, Article II, curfew regulations, be and hereby are amended to read as follows:

SECTION 2-201: CURFEW DEFINED

Juvenile curfew hours shall be for the period from 11:00 p.m. to 5:00 a.m.

SECTION 2-202: DEFINITION

For the purposes of this article, a juvenile shall be considered any person 17 years of age or under. 

SECTION 2-203: PROHIBITED ACTIVITIES

It shall be unlawful for any juvenile during curfew hours: 

1. To loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, public places, public buildings, public places of amusement and entertainment, vacant lots or other unsupervised places.

2. To ride in or upon, drive, or otherwise operate, any automobile, bicycle or other vehicle, in, upon, over, or through the streets, alleys, or other public places of the City during curfew hours.

SECTION 2-205: BUSINESS ESTABLISHMENT OBLIGATIONS

It shall be unlawful for any person, firm or corporation operating a place of business or amusement to allow or permit any juvenile to be in or upon any place of business or amusement operated by them within the curfew hours except as permitted in subsection 2-208 herein provided.

SECTION 2-208: EXCEPTIONS

It is a defense to prosecution under subsection 2-203 that the minor was:

1. Accompanied by a parent, guardian, or other adult person having the legal care, custody, or control of such minor;

2. On an errand at the direction of the minor’s parent, guardian, or other adult person having the legal care, custody, or control of such minor and was using a direct route;

3. In a motor vehicle involved in interstate travel;

4. Engaged in an employment activity, including but not limited to newspaper delivery, and was using a direct route;

5. Involved in an emergency;

6. On the sidewalk abutting the minor’s residence

7. Attending an official school or religious activity or returning home by a direct route from an official school or religious activity;

8. Exercising first amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

9. Married, had been married, or had the disabilities of a minority removed in accordance with the laws of the State of Nebraska.

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 12th day of May, 2016.

CITY OF GORDON, NEBRASKA

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

Motion by Grant, seconded by Evans, to waive 2nd and 3rd readings of Ordinance 1158. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

Council was presented with Ordinance 1159, AN ORDINANCE OF THE CITY OF GORDON, NEBRASKA, REGULATING AUTOMOTIVE SALES IN THE CITY; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. After some discussion, and in an effort to gain input from the citizens of Gordon regarding this ordinance, motion by Evans, seconded by Bounous to table Ordinance 1159 to the June meeting. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

Victor Gehrig was present to ask the city council to pass an Ordinance allowing golf carts to be driven on the streets of Gordon. Mr. Gehrig stated that he owns a golf cart that he stores at his home for various reasons, and would like to be able to drive it to the Gordon Golf Course rather than hauling it to the course on a trailer. The State of Nebraska recently passed legislation allowing golf carts to be driven on city streets. Chief Wackler felt that the number of golf carts that would be licensed would be minimal and that it would not have a large impact on the city. The proposed ordinance has several stipulations that make Chief Wackler comfortable with the passing of this ordinance. After some discussion, motion by Evans, seconded by Morgan to pass Ordinance 1160. Ayes: Evans, Morgan, Russell, and Grant. Nays: Bounous.

Motion by Grant, seconded by Evans to waive 2nd and 3rd readings of Ordinance 1160. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

The generator at the city’s lift station recently broke down and is beyond repair. It is necessary to run the pumps at the lift station in the event of a power failure, making it an essential part of the city’s wastewater system. The current generator is 32 years old, and was already in need of an upgrade. Baker and Associates have sent out bids to several companies with several options for a generator, but these bids have not come back yet. The city is currently renting a generator at a cost of $750 per week, so it is in the best interests of the city to act on the bids as soon as they are received. Utility Superintendent Mike Winter updated council on the generators that are being considered. Council was given information regarding possible lease purchase agreements with the First National Bank of Gordon. The estimated cost is between $30,000 and $50,000. After some discussion, motion by Bounous, seconded by Grant to pass Resolution 2016-08. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

RESOLUTION 2016-08

A RESOLUTION AUTHORIZING THE CITY MANAGER TO SECURE EMERGENCY FINANCING, IN THE FORM OF A LEASE PURCHASE AGREEMENT WITH FIRST NATIONAL BANK, NOT TO EXCEED $50,000.00 FOR THE EMERGENCY REPLACEMENT OF THE CITY’S LIFT STATION GENERATOR.

WHEREAS, due to the unexpected failure of the city’s Lift Station generator, and

WHEREAS, the city’s Lift Station generator is a critical component to the city’s waste water system, and

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

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 $50,000.00 for the emergency replacement of the city’s Lift Station Generator, and the Mayor is authorized to sign the lease purchase agreement with First National Bank.

Passed and approved this 12th day of May, 2016.

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

Motion by Bounous, seconded by Grant, to adjourn at 8:12 pm. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

/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 May 12, 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: May 18, 2016