Gordon City Council Minutes May 11, 2017

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 Vice-Mayor Grant at 6:00 p.m., May 11, 2017 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:  Evans, Paul, Grant, and Bounous.

Absent:   Russell.

Also present, Student Liaison, Wade Bergman.

Motion by Evans, seconded by Paul to approve the minutes of the April 13, 2017 meeting.  Ayes:  Paul, Grant, Bounous, and Evans.

Motion by Paul, seconded by Bounous, to approve the March 2017 Treasurer’s Report.  Ayes: Grant, Bounous, Evans, and Paul.

Motion by Bounous, seconded by Evans, to approve the April 2017 Treasurer’s Report. Ayes: Bounous, Evans, Paul, and Grant.

City Manager Sheridan presented council with a mid-year financial report. This report has also been reviewed with all department heads. City Manager Sheridan will be working with the department heads for the rest of the fiscal year to put a tight control on expenses in an ongoing effort to improve the city’s financial health.

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

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

PAID BILLS

RS1144, Grocery Mart, SU, $53.09; RS1145, USPS, SE, $50.65; EFTPS, Ally, EX, $562.39; EFTPS, Ally, EX, $523.52; EFTPS, Fleet Services, SU, $670.77; EFTPS, FNBO, FE, $70.57; EFTPS, NE Dept of Revenue, RE, $2,986.24; 45569, Airport Authority, RE, $1,786.06; 45570, Airport Bond Savings, RE, $2,275.57; 45571, Advantage Companies, SE, $1,245.00; 45572, BC/BS, EX, $10,735.03; 45573, Demco, SU, $389.11; 45574, Cengage/Gale, SU, $66.28; 45575, Ingram, SU, $377.90; 45576, Library Petty Cash, RE, $35.13; 45577, NWRPPD, SE, $3,940.73; 45578, Rachael Price, MI, $26.75; 45579, Rapid City Journal, SU, $387.67; 45580, Sheridan County Treasurer, EX, $1,102.60; 45581, Sheridan County Court, FE, $17.00; 45582, Special Assessment Bond Fund, RE, $2,876.79; 45583, Xerox, EX, $150.75; 45584, Payroll Fund, SA, $27,639.32; 45585, City of Gordon, RE, $100.00; 45586, Nathan Livingston, RE, $100.00; 45587, Productivity Plus (CNH), SU, $502.08; 45588, Consolidated Mgmnt Co, SE, $63.51; 45589, Kelly Construction, SU, $4,295.06; 45590, Perpetual Care Fund, RE, $200.00; 45591, Blackhills Energy, SE, $1,063.52; 45592, Sheridan County Clerk, FE, $16.00; 45593, Viaero, SE, $147.95; 45594, USPS, SE, $175.34; 45595, Verizon, SE, $40.01; 45596, Adams - ISC, SU, $538.01; 45597, Consolidated Mgmnt Co, SE, $97.36; 45598, Robby Rhembrandt, SE, $228.00; 45599, Unique Paving Materials, SU, $127.20; 45600, Kevin Wolkins, RE, $80.00; 45601, Payroll Fund, SA, $25,920.89; 45602, Consolidated Mgmnt Co, SE, $76.19; 45603, St NE Federal Surplus, EX, $15,000.00.

Total May Paid Bills: $106,740.04.

UNPAID BILLS

45604, Chris Anderson, RE, $50.00; 45605, Airport Authority, RE, $100.00; 45606, Action Communications, SE, $2,580.00; 45607, Dan Bishop , RE, $50.00; 45608, Jeff Brewer, RE, $50.00; 45609, Bierschbach, SU, $1,443.00; 45610, Daylan Black Calf, RE, $50.00; 45611, Misty Belsky, RE, $14.32; 45612, Shelby Berger, RE, $50.00; 45613, Ryan Burdine, RE, $13.14; 45614, City of Chadron, EX, $45.00; 45615, Customized Billing, SE, $285.00; 45616, Croell, SU, $282.98; 45617, BC Tire Service, SE, $240.00; 45618, Colton’s Liquor, SU, $880.32; 45619, Diamond Vogel, SU, $2,920.02; 45620, Emergency Medical Products, SU, $196.05; 45621, Enviro Service, SE, $70.00; 45622, First National Bank of Omaha, SU, $1,131.11; 45623, Ford Motor Credit, EX, $374.09; 45624, Frontier Service and Supply, SE, $261.00; 45625, Great Plains Communications, SE, $1,658.78; 45626, Gall’s , SU, $147.99; 45627, Grocery Mart, SU, $1.97; 45628, General Fund Money Market, EX, $3,000.00; 45629, Hinn’s Auto Supply, SU, $898.82; 45630, Hillyard, SU, $1,273.53; 45631, Homestead Building Supply, SU, $1,904.41; 45632, HD Supply , SU, $1,350.81; 45633, Pam Hotz, RE, $50.00; 45634, Pam Hotz, RE, $40.00; 45635, Clay Heath, RE, $50.00; 45636, Hills Materials Co, SU, $1,635.01; 45637, Insurance Fund, EX, $14,841.67; 45638, Ideal Linen, SE, $98.91; 45639, James Irwin, SE, $1,656.69; 45640, Kelly Construction, SU, $720.00; 45641, Gardner, Loutzenhiser, & Ryan, SE, $750.00; 45642, Madison National Life, EX, $36.74; 45643, NPPD, SE, $5,814.82; 45644, NE Total Office, SU, $269.47; 45645, NW Pipe Fittings, SU, $412.64; 45646, NW Community Action, SE, $133.67; 45647, Newman Traffic Signs, SU, $355.26; 45648, Networkfleet, Inc, SE, $113.70; 45649, One Call Concepts, SE, $9.09; 45650, Petty Cash Fund, RE, $172.34; 45651, Marchelle Paul, RE, $96.03; 45652, Shane Pascale, RE, $50.00; 45653, Jake Palmer, RE, $17.39; 45654, Quill, SU, $203.19; 45655, RDJ, SU, $211.04; 45656, R&L Irrigation, SE, $9,667.98; 45657, NE State Treasurer, RE, $80.52; 45658, NE Public Health Env Lab, SE, $184.00; 45659, Star Herald, SU, $84.50; 45660, Superfoods, SU, $12.34; 45661, Sheridan County Journal Star, SE, $496.37; 45662, Smith King & Simmons, SE, $200.00; 45663, Sasse Animal Clinic, RE, $10.00; 45664, S & L Gas, SU, $228.26; 45665, True Value, SU, $349.06; 45666, Triangle Electric, SE, $867.28; 45667, Tiffany Thompson, RE, $14.21; 45668, Westco, SU, $558.76; 45669, Water Reserve USDA, RE, $1,716.00; 45670, Water System Impr Project, EX, $15,800.00; 45671, Adam Wackler, RE, $50.00; 45672, Kevin Wolkins, RE, $50.00; 45673, Xerox, EX, $661.52.

Total May Unpaid Bills: $80,090.80.

Total May Paid Bills: $106,740.04.

Total May Bills: $186,830.84.

The public hearing for the application made by Colton’s Liquor, LLC for a Class D liquor license was opened at 6:33 pm. There was no one present to oppose or support the application, and the city office received no written opposition. Colton Gibbons was present to answer any questions the council may have. The public hearing was closed at 6:37 pm. After some discussion, motion by Bounous, seconded by Paul to approve the application made by Colton’s Liquor, LLC. Ayes: Paul, Grant, Bounous, and Evans.

Motion by Bounous, seconded by Evans to approve Resolution 2017-13. Ayes: Grant, Bounous, Evans, and Paul.

Resolution 2017-13

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 Saturday, July 29, 2017 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/ Kelly Grant

VICE-MAYOR

ATTEST: /s/ Kim Buchan

CITY CLERK

Motion by Bounous, seconded by Paul to pass Resolution 2017-14. Ayes: Bounous, Evans, Paul, and Grant.

RESOLUTION NO. 2017-14

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, Friday, September 15, 2017, 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/ Kelly Grant

VICE-MAYOR  

ATTEST: /s/ Kim Buchan

CITY CLERK

City Manager Sheridan, Utility Superintendent Mike Winter, and Street Superintendent Dan Bishop went to Aulick Industries in Scottsbluff to inspect the dump trucks that the city intended to purchase. After close inspection, it was decided that the dump trucks would not meet the needs of the city. City Manager Sheridan asked Aulick Industries to present a bid to build a truck that would meet the city’s needs. The price for the original two trucks combined was $55,000, and the cost of the one truck built to the city’s specifications is $42,084.63. Due to the increased cost, City Manager Sheridan recommended to council that the city purchase the one dump truck from Aulick and the one dump truck from Federal Surplus in Lincoln. A third truck will need to be purchased in the coming years.

At the April council meeting, members of council asked City Manager Sheridan to get a revised bid from Baker and Associates that would include the replat and the topographical survey of the Magowan Addition, but eliminate the platting of the Magowan 2nd Addition. The bid received from Baker and Associates was for $6,800. The original bid which included all three items was for $9,000. The city currently has interest from several individuals to purchase lots in the Magowan 1st Addition, so it would be in the city’s interests to complete the replat and the topographical survey. After some discussion, motion by Bounous, seconded by Evans to proceed with the re-platting of the Magowan 1st Addition and the Topographical Survey, but to postpone the platting of the Magowan 2nd Addition for an indefinite period. Ayes: Evans, Paul, Grant, and Bounous.

Legislative Bill 315 has been passed by the Nebraska Legislature and is waiting for the Governor’s approval. If this bill becomes law, it will make the process of selling property by a 2nd Class City or a Village much simpler. The re-platting of the Magowan Addition and the dirt work that will need to be done is going to take several months, so it is the recommendation of City Manager Sheridan that council waits until this bill becomes law to offer any lots in the Magowan Addition for sale. 

Deputy Clerk Glen Spaugh presented council with a request to purchase an additional accounting module with Data Technologies that would enable the city to utilize an ACH Direct Deposit for the city’s payroll. The total cost for the first year would be $1,422.50, but would eliminate the use of paper checks for employees, making the process less labor intensive and more cost effective. City employees were given a survey and the results showed that nineteen out of twenty-three employees would prefer the use of this direct deposit method. After some discussion, motion by Bounous, seconded by Paul to approve the purchase of the ACH Direct Deposit module for the current accounting software. Ayes: Paul, Grant, Bounous, and Evans.

At the April council meeting, the city’s current Continuing Education Reimbursement policy was reviewed. Council approved a change to the policy, requiring an employee to remain employed by the city for three years after the reimbursement. Resolution 2017-15 will add these changes to the city’s Employee Handbook. Motion by Bounous, seconded by Evans to approve Resolution 2017-15. Ayes: Grant, Bounous, Evans, and Paul.

RESOLUTION NO. 2017-15

RESOLUTION AMENDING SECTION 3.13 EMPLOYEE DEVELOPMENT, SUBSECTION “CONTINUING EDUCATION ASSISTANCE” OF THE EMPLOYEE HANDBOOK

WHEREAS:  the City recognizes the need to regularly edit and update the personnel manual to accommodate for changes in law, policies, and the workplace environment;

WHEREAS:  upon review of the current personnel manual, it has been determined that certain revisions are necessary to accommodate such changes in law, policies, and the workplace environment;

THEREFORE BE IT RESOLVED by the City Council of the City of Gordon that the City of Gordon Employee Handbook, previously adopted and approved by the City of Gordon, is recognized as the official Employee Handbook of the city and describes all necessary employment policies and procedures of the City. That the following provisions of the Employee Handbook are hereby revised and incorporated into the existing Employee Handbook.

“The city recognizes that the skills and knowledge of its employees are critical to the success of the organization. The educational assistance program encourages personal development through formal education so that employees can maintain and improve job-related skills or enhance their ability to compete for reasonably attainable jobs within the city. 

Only regular full time employees are eligible for continuing education assistance. Employees are eligible for educational assistance after their introductory period (the first 180 days after their date of hire) is completed. 

If an employee desires to pursue a specific job-related course work, the employee can apply for tuition reimbursement from the city. Subject to the approval of the Department Head and City Manager, tuition will be reimbursed at the following rate: 

1)  50% reimbursement for a course grade of an A- or better. 

2)  40% reimbursement for a course grade of a B- or better. 

3)  25% reimbursement for a course grade of C- or better. 

4)  No reimbursement for a course grade below a C-. 

Tuition expense will be paid on a reimbursement basis only and is subject to the following conditions: 

1) Employee submits to the city a transcript from the educational institution showing that the employee has successfully completed the course work and the grade(s) earned, and

2) Employee signs agreement to not terminate employment with the city for at least three (3) years after the reimbursement date or repay the reimbursement amount. 

In no case will the city reimburse any expenses for books or course supplies. 

While educational assistance is expected to enhance the employee’s performance and professional abilities, the city cannot guarantee the participation in formal education will entitle the employee to automatic advancement, a different job assignment, or pay increase.”

This motion was introduced and adopted this 11th day of May, 2017, by the City Council of the City of Gordon.

SIGNED:

/s/ Kelly Grant

Vice-Mayor

ATTEST:

/s/ Kim Buchan

City Clerk

Open Range Beef inquired about purchasing season passes for their employees as an employee benefit, and asked if a discount could be made available if they purchased multiple passes. Council was presented with Resolution 2017-16, proposing a discount program for season passes and daily passes. After some discussion, motion by Bounous, seconded by Evans to amend Resolution 2017-16, eliminating the discount program for daily passes. Ayes: Bounous, Evans, Paul, and Grant.

Motion by Paul, seconded by Evans to approve the amended Resolution 2017-16. Ayes: Evans, Paul, Grant, and Bounous.

RESOLUTION 2017-16

A RESOLUTION ESTABLISHING EMPLOYER BASED AND GROUP DISCOUNTS 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 season pool passes to businesses and at a discounted rate.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GORDON, that the following discount schedule be implemented effective May 11th, 2017 and will be on file at the office of the City Clerk.

Season Pass Business Rates

5 – 10 Employee Season Passes: 10% discount

11 – 20 Employee Season Passes: 15% discount

21 – 50 Employee Season Passes: 20% discount

51+ Employee Season Passes: 25% discount

Passed and approved this 11th day of May, 2017.

/s/ Kelly Grant

Vice-Mayor

ATTEST: /s/ Kim Buchan

City Clerk

Diana Hutchison was not able to attend the meeting. 

Pandhandle Public Health District (PPHD) has requested that council adopt a Resolution adopting a tobacco free policy for all city parks. Councilman members expressed support for a tobacco free environment for people using our city parks, but at the same time did not feel the necessity to pass a Resolution or Ordinance to implement this policy. Motion by Bounous, seconded by Evans to take no action on the request made by PPHD. Ayes: Paul, Grant, Bounous, and Evans.

Motion by Evans, seconded by Bounous to reappoint Kay Kruger to the Library Board for another term, and to thank her for her service. Ayes: Grant, Bounous, Evans, and Paul.

Motion by Bounous, seconded by Paul to appoint Gayle Talbot to the Library Board and to thank her for her service. She replaces Mary Jo Moore who has resigned. Ayes: Bounous, Evans, Paul, and Grant.

Motion by Bounous, seconded by Paul, to adjourn at 7:43 pm. Ayes: Evans, Paul, 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 May 11, 2017; 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 17, 2017