Gordon City Council Minutes November 10, 2016

Gordon City Council Minutes

November 10, 2016

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 6:00 p.m. November 10, 2016 in the City Council Chambers of the City Auditorium.  The Mayor noted the location of the Open Meetings Laws in the back of the room.

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

Absent:   No One.

Motion by Morgan, seconded by Bounous to approve the minutes of the October 13, 2016 meeting with one correction.  Ayes:  Morgan, Russell, Bounous, and Evans.

The October 2016 Treasurer’s Report was not available from Gardner, Loutzenhiser and Ryan.

Enter Councilman Grant.

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

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, $57.03; EFTPS, Ally, EX, $523.52; EFTPS, Ally, EX, $562.39; EFTPS, Fleet Services, SU, $652.23; EFTPS, NE Dept of Revenue, RE, $3,964.62; EFTPS, General Checking, EX, $10,776.19; 44998, BC/BS, EX, $11,268.79; 49999, First National Bank, EX, $10,776.19; 45000, Country Gardens, SU, $19.96; 45001, Fitness, SU, $9.99; 45002, Good Housekeeping, SU, $7.77; 45003, Glamour, SU, $16.00; 45004, Horticulture, SU, $19.95; 45005, Library Petty Cash, RE, $19.75; 45006, Madison Natl Life, EX, $50.54; 45007, NWRPPD, SE, $3,366.08; 45008, Nebraskaland, SU, $19.17; 45009, Service Really Matters, SE, $220.00; 45010, Xerox, EX, $174.81; 45011, VOID, $0.00; 45012, Network Fleet, SE, $113.70; 45013, Payroll Fund, SA, $29,710.10; 45014, VOID, $0.00; 45015, USPS, SE, $173.71; 45016, Airport Authority, RE, $930.06; 45017, Airport Bond Savings, RE, $1,132.10; 45018, James Brunello, RE, $26.11; 45019, City of Gordon, RE, $213.83; 45020, CNH Capital, SU, $167.09; 45021, Roxanne Hauk, RE, $60.06; 45022, Source Gas, SE, $293.51; 45023, Special Assessment Bond Fund, RE, $1,746.64; 45024, Viaero, SE, $146.81; 45025, Verizon, SE, $40.01; 45026, Payroll Fund, SA, $26,439.49.

Total November Paid Bills: $103,698.20.

UNPAID BILLS

45027, Chris Anderson, RE, $50.00; 45028, Omni Advantage, EX, $85.00; 45029, Dan Bishop , RE, $50.00; 45030, Jeff Brewer, RE, $50.00; 45031, Bierschbach, SU, $700.00; 45032, Daylan Black Calf, RE, $50.00; 45033, Shelby Berger, RE, $50.00; 45034, City of Chadron, EX, $45.00; 45035, Customized Billing, SE, $255.00; 45036, Channing Bete, EX, $2,367.48; 45037, Croell, SU, $424.77; 45038, Emergency Medical Products, SU, $167.35; 45039, First National Bank of Omaha, SU, $2,112.15; 45040, JD Financial, SU, $1,105.83; 45041, Farmer’s Coop, SU, $449.04; 45042, Fyr-Tek, SU, $320.63; 45043, Great Plains Communications, SE, $1,658.77; 45044, Graphic Designs Intl, Inc, SU, $259.39; 45045, Galls, SU, $119.28; 45046, General Fund Money Market, EX, $3,000.00; 45047, Hinn’s Auto Supply, SU, $653.29; 45048, Homestead Building Supply, SU, $47.47; 45049, HD Supply Waterworks, SU, $3,162.95; 45050, Hawkins, SU, $1,228.21; 45051, Clay Heath, RE, $50.00; 45052, Phillip Harris, RE, $50.00; 45053, Insurance Fund, EX, $14,841.67; 45054, Ideal Linen, SE, $96.37; 45055, Interstate Industrial Service, SE, $269.36; 45056, Kelly Construction, SE, $1,189.34; 45057, Gardner, Loutaenhiser, & Ryan, SE, $630.00; 45058, Loup Valley Lighting, SU, $757.95; 45059, Michael Todd & Co, SU, $1,264.52; 45060, NPPD, SE, $6,729.31; 45061, NE Total Office, SU, $246.00; 45062, NW Pipe Fittings, SU, $632.40; 45063, NW Community Action, SE, $133.67; 45064, Newman Signs, SU, $194.68; 45065, Network Fleet, SE, $113.70; 45066, NE Dept of Environmental Quality, FE, $100.00; 45067, One Call Concepts, SE, $15.54; 45068, Outdoor Recreation Products, SU, $934.00; 45069, Perpetual Care Fund, RE, $400.00; 45070, Petty Cash Fund, RE, $153.83; 45071, Physio Control, SE, $310.00; 45072, Shane Pascale, RE, $50.00; 45073, Pit Stop, SE, $17.50; 45074, Quill, SU, $124.99; 45075, R & L Irrigation, SE, $4,917.20; 45076, NE Public Health Env Lab, SE, $361.00; 45077, Sheridan County Clerk, FE, $32.00; 45078, Scottsbluff Screenprinting, SU, $186.78; 45079, Sheridan County Journal, SE, $430.22; 45080, Smith King & Simmons, SE, $807.50; 45081, S & L Gas, SU, $1,224.50; 45082, True Value, SU, $241.01; 45083, Triangle Electric, SE, $5,147.93; 45084, US Welding, SU, $98.84; 45085, US Welding, SE, $202.57; 45086, US Welding, SE, $310.42; 45087, Ken Ward, RE, $50.00; 45088, Westco, SU, $1,283.73; 45089, Water Reserve USDA, RE, $1,716.00; 45090, Winter Sewing, SE, $190.84; 45091, Water System Impr Project, EX, $15,800.00; 45092, Adam Wackler, RE, $50.00; 45093, West River International, Inc, SU, $38.61; 45094, Mike Winter, RE, $500.00; 45095, Xerox, EX, $758.84.

Total November Unpaid Bills: $82,064.43.

Total November Paid Bills: $103,698.20.

Total November Bills: $185,762.63.

Sgt. Chris Anderson and K-9 Officer Sam were present to demonstrate for council, and those in attendance, the progress that has been made in the training of the City of Gordon’s drug dog. Sgt. Anderson has attained his national drug dog handler certification, and after approximately another month of training and working with Valentine’s handler, is confident that he will receive his certification from the State of Nebraska. After the demonstration, council congratulated Sgt. Anderson on his success so far.

At the October council meeting, council voted to reissue the city’s water bonds, currently held by the USDA, with Ameritas. Brad Slaughter, Ameritas, informed council that the interest rate he was able to lock in for the city was 2.813%. The current bonds have a 4.5% interest rate. This will allow the city to pay off the bonds seven years earlier with a total cost savings, after expenses, of $1,102,939.97. Motion by Bounous, seconded by Morgan to approve Resolution 2016-25. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

RESOLUTION NO. 2016-25

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

Section 1.  That the following bonds are irrevocably called for payment on December 14, 2016, after which date said bonds shall cease to bear interest:

Water Bond, Series 2002A, dated July 24, 2002, numbered as shown on the books and records of the Paying Agent and Registrar, issued in the original principal amount of $1,050,000;

Water Bond, Series 2004A, dated August 12, 2004, numbered as shown on the books and records of the Paying Agent and Registrar, issued in the original principal amount of $668,000;

Water Bond, Series 2004B, dated August 12, 2004, numbered as shown on the books and records of the Paying Agent and Registrar, issued in the original principal amount of $483,500; and

Water Bond, Series 2004C, dated August 12, 2004, numbered as shown on the books and records of the Paying Agent and Registrar, issued in the original principal amount of $1,300,000.

Said bonds are hereinafter referred to as the “Refunded Bonds.”

Section 2. The Refunded Bonds are to be paid at the office of the City Treasurer in Gordon, Nebraska, being the office of the Paying Agent and Registrar for said bonds.

Section 3. A copy of this resolution shall be filed with the Paying Agent and Registrar for the Refunded Bonds and said Paying Agent and Registrar is hereby instructed to give notice of redemption to the United States Department of Agriculture, Rural Development/Rural Utilities Service, as holder of the Refunded Bonds, as and to the extent required by the ordinances authorizing the Refunded Bonds.

PASSED AND APPROVED this 10th day of November, 2016.

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

Motion by Grant, seconded by Evans to pass Ordinance 1165. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

ORDINANCE NO. 1165

AN ORDINANCE OF THE CITY OF GORDON, NEBRASKA,  AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION WATER REFUNDING BONDS, SERIES 2016, OF THE CITY OF Gordon, IN THE PRINCIPAL AMOUNT Of TWO MILLION NINE HUNDRED NINETY THOUSAND DOllars ($2,990,000) FOR THE PURPOSE OF PAYING OFF CERTAIN OUTSTANDING BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID BONDS; APPOINTING A PAYING AGENT AND REGISTRAR; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; APPROVING POST-ISSUANCE TAX COMPLIANCE POLICIES; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.

Motion by Morgan, seconded by Evans to waive 2nd and 3rd readings of Ordinance 1165. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

Nate Fox, LARM, and Dean Strong, Strong Insurance were present to answer any questions council had as they made their decision on the city’s insurance carrier for 2017. Strong Insurance provided a quote for $109,884. LARM provided a quote for $84,458. After some discussion, motion by Bounous, seconded by Evans to retain Dean Strong, Strong Insurance as the City of Gordon’s insurance provider. Ayes: Morgan, Grant, Bounous, and Evans. Nays: Russell. Motion carried.

At October’s council meeting, council passed Resolution 2016-17 setting the rates to be charged by the Gordon Swimming Pool. Some concerns were raised regarding the definition on the family pass. City Manager Jacob Sheridan discussed this issue with County Attorney Jamie Simmons. After some discussion, motion by Evans, seconded by Grant to pass Resolution 2016-20. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

RESOLUTION 2016-20

A RESOLUTION AMENDING RESOLUTION 2016-17 AND SETTING THE ADMISSION CHARGE AT THE GORDON MUNICIPAL SWIMMING POOL.

WHEREAS, Article 3-602 of the Municipal Code permits the City Manager to make a reasonable admission charge for the use of the municipal swimming pool by any person, and

WHEREAS, such rates may be structured for classes of person in a reasonable manner; Provided, that nothing herein shall be construed to permit or allow discrimination on the basis of any legally protected status in the classification of persons for admission charges.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GORDON, that the following fee schedules be implemented effective November 10, 2016 and will be on file at the office of the City Clerk and shall also be posted in a conspicuous place at the Municipal Swimming Pool for public inspection.

Daily Admission

Children & Youth (17 and younger) $2.00

Adult (18 and older) $4.00

Season Passes

Children & Youth (17 and younger) $50.00

Adult (18 and older) $100.00

Family (limit 6) $250.00

Family Pass Additional Member $20.00

Swim Lessons

Per Session $25.00

Passed and approved this 10th day of November, 2016.

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

In an effort to increase attendance and make season passes more obtainable for the citizens of Gordon, a payment plan was suggested by council members at the October council meeting. Motion by Bounous, seconded by Morgan to pass Resolution 2016-21. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

RESOLUTION 2016-21

A RESOLUTION ESTABLISHING A PAYMENT PLAN PROGRAM FOR SEASON PASSES FOR THE GORDON MUNICIPAL SWIMMING POOL.

WHEREAS, Article 3-602 of the Municipal Code permits the City Manager to make a reasonable admission charge for the use of the municipal swimming pool, and

WHEREAS, such rates may be of such value that a one-time payment would be a burden on some community members.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GORDON, that a payment plan program be implemented for the Gordon Municipal Swimming Pool effective November 10, 2016. Interested persons must fill out an application for the payment plan program, and will be required to make the necessary payments to pay off the season pass prior to May 1st of the calendar year in which the pass will be effective. Any person who has not completed the payment of the season pass by May 1st will be required to pay the daily admission rate until the season pass is completely paid off. Any person who entered into the payment plan program and has started making payments for a season pass, but is not able or chooses not to complete the payments, may receive a full reimbursement upon request from the person who entered into the payment plan agreement. 

Passed and approved this 10th day of November, 2016.

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

Motion by Bounous, seconded by Morgan to pass Resolution 2016-22. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

RESOLUTION 2016-22

A RESOLUTION ESTABLISHING A DISCOUNT POLICY FOR SEASON PASSES FOR THE GORDON MUNICIPAL SWIMMING POOL.

WHEREAS, Article 3-602 of the Municipal Code permits the City Manager to make a reasonable admission charge for the use of the municipal swimming pool, and

WHEREAS, it may be advantageous to market the sales of pool season passes at various times throughout the year with discounted purchase prices.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GORDON, that a discount policy be implemented for the Gordon Municipal Swimming Pool effective November 10, 2016. The City Council from time to time, may by motion set specific start and end dates for discount periods and specific discount values or percentages to be applied during the discount periods. 

Passed and approved this 10th day of November, 2016.

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

With the passage of Resolution 2016-22 and the fact that the Christmas season is upon us, motion by Bounous, seconded by Evans to offer a 10% discount on all swimming pool passes purchased from December 1, 2016 to December 31, 2016. Ayes: Evans, Morgan, Russell, Grant, and Bounous. Anyone wanting more information regarding this discount should contact the City Office at 282-0837.

Motion by Grant, seconded by Morgan to donate one Gordon Swimming Pool 2017 Family Season Pass to the fund raiser being held for the Gordon Theatre Project this Saturday, November 12, 2016. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

The Panhandle Area Development District (PADD) has chosen Gordon to be included in the Environmental Protection Agency 2017 Brownfields Assessment Grant Program. After some discussion, motion by Grant, seconded by Morgan to allow Mayor Russell to sign the Panhandle Brownfields Assessment Coalition Agreement. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

Motion by Evans, seconded by Bounous to approve Resolution 2016-23. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

RESOLUTION NO. 2016-23

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 10, 2016, from 6:00 pm to 9:00 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 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

Kirk Otte, Otte Feeds, has submitted a Special Exception Permit for land he is leasing at 430 S Main. The property is zoned C-2, Highway Business and requires that the city council approve his permit in order for him to conduct the type of business he is proposing. After review of the application, motion by Grant, seconded by Evans to approve the application for Special Exception Permit submitted by Kirk Otte. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

Motion by Evans, seconded by Bounous to pass Resolution 2016-24. Ayes: Evans, Morgan, Russell, Grant, and Bounous.

CITY OF GORDON, NEBRASKA

RESOLUTION NO. 2016-24

A RESOLUTION OF THE CITY OF GORDON 

WHEREAS the City of Gordon, Nebraska is presently the owner of certain real property, more specifically described as follows:

East ½ Lot 1, Block 30 of the Original Townsite of the City of Gordon;

WHEREAS the City of Gordon, Nebraska desires to offer the above described real property for sale to interested persons pursuant to NEB. REV. STAT. §17-503.01;

WHEREAS the market value of the above described real property is $1,470.00; 

WHEREAS notice of the sale, including a general description of the property and terms and conditions of the sale, shall be posted in three prominent places within the City for a period of not less than seven (7) days; 

WHEREAS after the seven days of notice, the above described property will be sold to interested persons for $1,470.00, and thereafter said sale must be confirmed through passage of an Ordinance; 

WHEREAS this property is being offer for sale “as is” without warranty or guarantee and by legal descriptions only.  City of Gordon will specifically make no guarantee as to any easements, reservations or other interests;

IT IS THEREFORE RESOLVED that the City of Gordon does hereby authorize and direct the sale of the above described real property for the terms hereinbefore described. 

PASSED AND APPROVED AND ORDERED PUBLISHED this 10th  day of November, 2016.

CITY OF GORDON, NEBRASKA

/s/ Nancy I Russell

Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

Council was given information regarding the recent vandalism at Winship Park and the Gordon Airport. Chief Adam Wackler informed council that his department has determined the parties responsible for the vandalism in Winship Park. The individual responsible for burning the American flag on the south side of the Cowboy Museum has been arrested and charged with arson. The individuals responsible for the vandalism on the playground equipment are all minors, but have been cited. The vandalism at the Gordon Airport is a much more serious issue. The damage that was done required that the FBI’s Aeronautics division be contacted, and they are now in charge of the investigation. Anyone with information regarding this crime is encouraged to contact the Gordon Police Department at 282-0308.

Wade Bergman completed the application and interview process for the City Council Student Liaison position last week. Mayor Russell read aloud a portion of his essay, stating that she was very impressed with his vision for the position. Motion by Grant, seconded by Morgan to appoint, with thanks, Wade Bergman as the City of Gordon’s first student liaison. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

Motion by Evans, seconded by Morgan to appoint Eric Halverson to the Gordon Airport Authority. Ayes: Russell, Grant, Bounous, Evans, and Morgan. After the November 8 election, two seats on the Airport Authority were left vacant. The appointment of Eric Halverson fills one of these seats. 

Motion by Bounous, seconded by Grant to adjourn at 7:55 pm. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

/s/ Kim Buchan

City Clerk

/s/ Nancy I Russell

Mayor

I, the undersigned, City Clerk for the City of Gordon, Nebraska hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council on November 10, 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 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: November 16, 2016