Gordon City Council Minutes September 14, 2017

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., September 14, 2017 in the Council Chambers of the City Auditorium.  The Mayor noted the location of the Open Meetings Laws in the back of the room.

Present: Paul, Russell, Grant, and Bounous.

Absent: Evans.

Motion by Bounous, seconded by Grant, to approve the minutes of the August 10, 2017 regular meeting.  Ayes: Russell, Grant, Bounous, and Paul.

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

The September 2017 Treasurer’s Report was not available from Gardner, Loutzenhiser, and Ryan.

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

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, Ally, EX, $523.52; EFTPS, Ally, EX, $562.39; EFTPS, Fleet Services, SU, $746.68; EFTPS, FNBO, FE, $77.66; EFTPS, NE Dept of Revenue, RE, $3,701.96; RS1147, Grocery Mart, SU, $199.65; 45994, Payroll Fund, SA, $34,361.32; 45995, Airport Authority, RE, $307.67; 45996, Airport Bond Savings, RE, $392.92; 45997, Amazon.com, SU, $317.50; 45998, BC/BS, EX, $10,024.34; 45999, Consolidated Mgmnt Co, SE, $12.68; 46000, Cengage, SU, $64.58; 46001, Library Petty Cash, RE, $10.21; 46002, NWRPPD, SE, $6,631.95; 46003, Dept Health & Human Serv, FE, $28.75; 46004, OCLC (Worldshare), FE, $250.00; 46005, Pit Stop, SE, $500.00; 46006, Smart Apple Media, SU, $155.65; 46007, Special Assessment BF, RE, $491.11; 46008, Xerox, EX, $199.92; 46009, Light Shine Canine, SE, $50.00; 46010, Margie McPeak, RE, $458.93; 46011, Payroll Fund, SA, $30,959.42; 46012, Andrew Benben, RE, $53.29; 46013, William Bell, EX, $20.00; 46014, City of Gordon, RE, $266.54; 46015, Productivity Plus, SU, $151.21; 46016, Consolidated Mgmnt Co, SE, $63.51; 46017, Comfort Inn, SE, $77.95; 46018, ND Bismarck Mission, RE, $80.17; 46019, Laura Kaye, MI, $17.66; 46020, Blackhills Energy, SE, $381.95; 46021, Sandhills Land & Property, EX, $400.00; 46022, Viaero, SE, $275.89; 46023, USPS, SE, $176.52; 46024, Verizon, SE, $401.64; 46025, Payroll Fund, SA, $34,774.49; 46026, Charles Biegler, SE, $125.00; 46027, Aulick Industries, EX, $1,305.76.

Total September Paid Bills: $129,600.39.

UNPAID BILLS

46028, Chris Anderson, RE, $50.00; 46029, Airmethods Advantage, EX, $99.00; 46030, Action Communications, SE, $773.59; 46031, AC Electric Motor Service, SE, $129.25; 46032, Dan Bishop , RE, $50.00; 46033, Jeff Brewer, RE, $50.00; 46034, Bierschbach, SU, $675.00; 46035, Shelby Berger, RE, $50.00; 46036, City of Chadron, EX, $45.00; 46037, Consolidated Management, SE, $147.83; 46038, Customized Billing, SE, $225.00; 46039, Croell, SU, $141.57; 46040, Contractor’s Materials, Inc, SU, $128.40; 46041, Colton’s Liquor, SU, $1,459.09; 46042, First National Bank of Omaha, SU, $1,959.46; 46043, JD Financial, SU, $57.26; 46044, Fyr-Tek, SU, $1,711.28; 46045, Ford Motor Credit, EX, $374.09; 46046, GMHS, SE, $746.00; 46047, Great Plains Communications, SE, $1,675.42; 46048, Gall’s, SU, $283.03; 46049, Grocery Mart, SU, $3.79; 46050, Jan Grover, RE, $106.50; 46051, Greenamyre Contractor, SE, $3,330.00; 46052, GR Public Schools, RE, $2,460.00; 46053, General Fund Money Market, EX, $3,500.00; 46054, Hinn’s Auto Supply, SU, $350.37; 46055, Hillyard, SU, $580.37; 46056, Homestead Building Supply, SU, $38.73; 46057, Colin Hyatt, RE, $50.00; 46058, HD Supply, SU, $2,419.41; 46059, Pam Hotz, RE, $50.00; 46060, Clay Heath, RE, $50.00; 46061, Ideal Linen, SE, $104.17; 46062, Gardner, Loutzenhiser, & Ryan, SE, $750.00; 46063, Lynn Peavey Co, SU, $21.40; 46064, NPPD, SE, $7,546.61; 46065, NE Total Office, SU, $14.00; 46066, NW Pipe Fittings, SU, $541.65; 46067, NW Community Action, EX, $99.34; 46068, St NE Dept of Revenue, FE, $25.00; 46069, Newman Traffic Signs, SU, $324.82; 46070, NE Dept of Agriculture, FE, $175.00; 46071, NE DHHS, FE, $28.75; 46072, Networkfleet, SE, $113.70; 46073, NSFVA, FE, $720.00; 46074, One Call Concepts, SE, $15.57; 46075, Petty Cash Fund, RE, $318.63; 46076, Shane Pascale, RE, $50.00; 46077, Southpaw Spray Co, SE, $250.00; 46078, NE Public Health Env Lab, SE, $48.00; 46079, Shopko, SU, $31.52; 46080, Sheridan County Journal Star, SE, $385.53; 46081, Smith King & Simmons, SE, $640.00; 46082, Simon Contractors, SU, $2,563.10; 46083, Tom’s Auto, SE, $90.00; 46084, True Value, SU, $555.67; 46085, Triangle Electric, SE, $498.00; 46086, Westco, SU, $471.63; 46087, Water Reserve USDA, RE, $1,716.00; 46088, Water System Impr Project, EX, $17,200.00; 46089, Adam Wackler, RE, $50.00; 46090, Kevin Wolkins, RE, $50.00; 46091, Keith Wolkins, RE, $50.00; 46092, Xerox, EX, $453.62.

Total September Unpaid Bills: $59,671.15.

Total September Paid Bills: $129,600.39.

Total September Bills: $189,271.54.

Rena Reizenstein, Sheridan Lounge, is requesting a Specially Designated Liquor License for October 13, 2017 to hold a street dance. After some discussion, motion by Paul, seconded by Grant to approve Rena Reizenstein’s request. Ayes: Paul, Russell, Grant, and Bounous.

Eric Anderson, Gordon American Legion, is requesting a Specially Designated Liquor License for October 7, 2017 to have a beer garden located on the north side of 135 N Main during the Gordon Chamber of Commerce Harvest Festival. After some discussion, motion by Bounous, seconded by Paul to approve Eric Anderson’s request. Ayes: Russell, Grant, Bounous, and Paul.

Hayden Hoos, Junior at Gordon/Rushville High School, has applied to be the 2017-2018 Gordon Student Liaison. Mr. Hoos interviewed with Mayor Russell, City Manager Jacob Sheridan, and City Clerk Kim Buchan on Wednesday, September 13. All three were very impressed with Mr. Hoos and are recommending that council approve him. Mayor Russell also congratulated Mr. Hoos on the essay that he submitted with his application, stating that it was excellent. Motion by Paul, seconded by Grant to approve Hayden Hoos as the 2017-2018 Gordon Student Liaison. Ayes: Grant, Bounous, Paul, and Russell.

Charlie Schwaderer requested to address council concerning the city’s new Code Enforcement Officer. He cited issues with how the city was enforcing nuisance ordinances. County Attorney Jamian Simmons addressed Mr. Schwaderer’s issues regarding the enforcement of the ordinances, outlining what the code enforcement officer could and couldn’t do. Attorney Simmons will be communicating with Laura Kaye, Code Enforcement Officer and will review with her the parameters of her job. No action was taken on this item.

Terry Rajewich and Doug Johnson, representatives of  Nebraska Public Power District (NPPD), reviewed with council the current Professional Retail Operations Agreement that the city currently has with NPPD. The city owns its electrical distribution system, which NPPD leases for 12% of the adjusted retail revenue. NPPD is responsible for all maintenance, billing, and other operating costs associated with the system. NPPD is requesting that the city extend the current agreement, which expires in 2019, until 2042. An extended lease will benefit NPPD in regards to their budget, and their ability to bond larger capital projects. After some discussion, motion by Paul, seconded by Grant to pass Resolution 2017-23. Ayes: Bounous, Paul, Russell, and Grant.

RESOLUTION NO. 2017-23

APPROVING EXTENSION OF PROFESSIONAL RETAIL OPERATIONS AGREEMENT.

WHEREAS, the City owns its electric distribution system, and

WHEREAS, the amendment to extend the term of the Professional Retail Operations Agreement on file with the Council has been proposed by Nebraska Public Power District (NPPD) and fully discussed and explained, and

WHEREAS, it is determined to be desirable to enter into said amendment to the Professional Retail Operations Agreement.

NOW, THEREFORE, BE IT RESOLVED:

1. The said amendment to the Professional Retail Operations Agreement is approved and the Mayor is authorized to execute it, and the City Clerk attest it on behalf of the City.

2. Notice of this transaction shall be given by publication once each week for three (3) successive weeks, of the following Notice:

NOTICE OF TRANSACTION

The Council has approved a Resolution authorizing execution on behalf of the City of an amendment to the Professional Retail Operations Agreement (Agreement) between Nebraska Public Power District and the City of Gordon, Nebraska. The Agreement is on file with the City Clerk and available for inspection. It contains provisions summarized as follows:

1. The City will extend the lease of its electric distribution system to  Nebraska Public Power District for a term of not less than fifteen (15) years from the effective date of the amendment and not more than twenty-five (25) years; provided, if either party terminates the Agreement at any time between year fifteen (15) and year twenty-five (25) of the term, the City will continue to take service from NPPD under NPPD’s standard Wholesale Power Contract, and such Wholesale Power Contract shall remain in effect through the remainder of the twenty-five (25) year term.

2. During the term of the Agreement, NPPD will pay to the City an amount equal to twelve percent (12%) of the retail revenues from the electric distribution system, adjusted to eliminate revenues from tax-supported agencies, fuel cost, and similar adjustments. NPPD will maintain the electric distribution system, will make payments in lieu of taxes as required by law, and will provide insurance, as set out in the Agreement.

This Notice will be published once each week for three (3) successive weeks. If, within thirty (30) days after the last publication thereof, a referendum petition signed by qualified electors of the City equal in number to at least twenty percent (20%) of the votes cast at the last general municipal election shall be filed with the City Clerk, this transaction shall not become effective until it has been approved by a vote of the electors. If no such petitions are filed, the transaction shall become effective at the expiration of said thirty (30) day period.

ATTEST: CITY OF GORDON, NEBRASKA

/s/ Kim Buchan

City Clerk

By: /s/ Nancy I Russell

Mayor

Terry Rajewich also discussed with council the benefits and risks of a community solar project. The city will need to acquire approximately five acres of land for the size of project that the city may possibly desire. Council will be given more information at future meetings, and no action was taken on this item.

Rick Burleigh has expressed a desire to purchase a lot in the Magowan 1st Addition. Before any home construction can begin, the city will need to complete East 11th Street, which will require substantial grading work to be done. The original estimate for this project was $300,000. City Manager Sheridan has been working with other potential contractors to get bids that will be feasible for the city to accomplish. After some discussion, motion by Bounous, seconded by Grant to pass Resolution 2017-24. Ayes: Paul, Russell, Grant, and Bounous.

CITY OF GORDON, NEBRASKA

RESOLUTION NO. 2017-24

A RESOLUTION OF THE CITY OF GORDON, NEBRASKA, DIRECTING THE SALE OF REAL ESTATE, to-wit: Lot 6, Magowan Addition to the City of Gordon, Nebraska. 

WHEREAS the City of Gordon, Nebraska owns real estate specifically described as follows: 

Lot Six (6), Magowan Addition to the City of Gordon, Sheridan County, Nebraska; 

WHEREAS the City Council of said City desires to sell the above described real property to a bona fide purchaser who has made an offer to purchase said real estate; 

WHEREAS, the City Council directs the sale of the above described real estate to Rick Burleigh for an agreed purchase price of $5000.00 payable to the City of Gordon, Nebraska for the purpose of the construction of a single-family residence. The property shall be sold under the additional terms and conditions that the purchaser shall be required to apply to the City of Gordon for a building permit within 6 months of closing of the sale, and that the construction of said residence must be substantially completed within 12 months after the receipt of the building permit.  

WHEREAS, notice of the above described sale shall be published for three consecutive weeks after passage of this Resolution, and registered voters of the City of Gordon, Nebraska shall have thirty (30) days after the third publication of such notice to sign and submit a remonstrance to the City Council pursuant to Neb.Rev.Stat. §17-503(3), as amended; 

NOW THEREFORE BE IT RESOLVED that the Gordon City Council hereby directs the sale of the following described real estate to Rick Burleigh for an agreed purchase price of $5000.00 payable to the City of Gordon, Nebraska, for the purpose of the construction of a single-family residence, with said sale being subject to the above described terms and conditions; 

Lot Six (6), Magowan Addition to the City of Gordon, Sheridan County, Nebraska  

NOW THEREFORE BE IT FURTHER RESOLVED that notice of this Resolution shall be published once each week for three consecutive weeks in the Sheridan County Journal Star, a legal newspaper published in, and of general circulation in the City of Gordon. Registered Voters of the City of Gordon, Nebraska shall have thirty (30) days after the third publication to sign and submit a remonstrance to the City pursuant to law. 

ADOPTED AND PASSED by the City Council of Gordon, Nebraska this 14th day of September, 2017. 

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk   

At previous meetings council was given information regarding necessary repairs to the city’s lagoon system. Baker and Associates had given the city a preliminary bid of approximately $750,000. The completion of this project will require the city to issue bonds. Baker and Associates cannot complete any further work on this project without a contract with the city. Motion by Grant, seconded by Paul to allow Mayor Russell to sign the contract with Baker and Associates for the engineering and construction services for the Wastewater Treatment Facility project. Ayes: Russell, Grant, Bounous, and Paul.

With the upcoming bonding of the Wastewater Treatment Facility project, an increase in sewer rates charged by the city is a necessity to be able to make the annual bond payment. Council was given information regarding this increase. Currently, the City of Gordon’s sewer rate is the sixth lowest when compared to 130 surrounding communities, based on the Nebraska Municipal Power Pool’s 2016 rate study. Even with the proposed increase, the city will still be in the lower half of these compared sewer rates. Motion by Bounous, seconded by Paul to pass Ordinance 1169, changing the proposed base rates to: $16.00 for 2019; $17.00 for 2020, and $18.00 for 2021. Ayes: Grant, Bounous, Paul, and Russell.

ORDINANCE 1169

AN ORDINANCE ESTABLISHING WASTEWATER RATES FOR THE YEARS 2018 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 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 and that all ordinances or parts of ordinances in conflict herewith are hereby repealed effective September 14, 2017.

Sewer Rates

Minimum Charge, Per 1,000 gallons, Per 1,000 gallons over 10,000 gallons, Per 1,000 gallons over 15,000 gallons.

2018: $15.00, $1.50, $2.75, $2.25.

2019: $16.00, $1.75, $2.00, $2.50.

2020: $17.00, $2.00, $2.25, $2.75.

2021: $18.00, $2.00, $2.50, $3.00.

Passed and approved this 14th day of September, 2017.

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

Motion by Grant, seconded by Bounous to waive 2nd and 3rd readings of Ordinance 1169. Ayes: Grant, Bounous, Paul, and Russell.

The special hearing was opened by the Mayor at 8:30 pm and conduct of the meeting was turned over to the hearing officer, Jacob Sheridan. He explained and reviewed with the Council the request to adopt a property tax request for Fiscal Year 2017-2018, different than the prior year tax request. With no one present to offer testimony in favor or against the property tax request, the special hearing was closed at 8:31 pm. Motion by Bounous, seconded by Grant to pass Resolution 2017-25.  Ayes: Paul, Russell, Grant, and Bounous.

RESOLUTION NO. 2017-25

WHEREAS, Nebraska Revised Statute 77-1601.02 provides that the property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization unless the Governing Body of the City of Gordon passes by a majority vote a resolution or ordinance setting the tax request at a different amount; and

WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and

WHEREAS, it is in the best interests of the City of Gordon that the property tax request for the current year be a different amount than the property tax request for the prior year.

NOW, THEREFORE, the City Council of the City of Gordon, Nebraska by a majority vote, resolves that:

1. The 2017-2018 property tax request be set at $236,480.24 for the General Fund and $16,650.00 for the Bond Fund; a total of $253,130.24.

2. A copy of this resolution be certified and forwarded to the County Clerk on or before October 13, 2017.

Passed and approved this 14th day of September, 2017.

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

Motion by Bounous, seconded by Grant to exceed the budget limit for the 2017-2018 Fiscal Year by an additional 1%.  Ayes:  Russell, Grant, Bounous, and Paul. The budget hearing for the 2017-2018 Fiscal Year was opened at 8:34 pm. There were no changes to the budget since the budget workshop held on August 31, 2017. With no one present to offer testimony in favor or against the approval of the 2017-2018 budget, the special hearing was closed at 8:35 pm. Motion by Bounous, seconded by Grant to pass the first reading of Ordinance 1170. Ayes: Grant, Bounous, Paul, and Russell.

ORDINANCE NO.  1170

AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES; TO PROVIDE FOR AN EFFECTIVE DATE.

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

Section 1.  That after complying with all procedures required by law, the budget presented and set forth in the budget statement is hereby approved as the Annual Appropriation Bill for the fiscal year beginning October 1, 2017 through September 30, 2018.  All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of Gordon.  A copy of the budget document shall be forwarded as provided by law to the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska, and to the County Clerk of Sheridan County, Nebraska, for use by the levying authority.  The total budget of expenditures for all funds is $4,091,024.00 plus necessary cash reserves of $528,636.00 for a total of $4,619,660.00.  Total Unused Restricted Funds Authority $391,448.49.

Section 2. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

Passed and adopted this 14th day of September, 2017.

/s/ Nancy I Russell

Mayor

ATTEST: /s/ Kim Buchan

City Clerk

City Manager Sheridan was unable to find a replacement for the vacancy on the Planning Commission. He welcomes any suggestions from council to fill this vacancy.

City Manager Sheridan gave his monthly manager’s report including:

1. Swimming Pool – the pool has been tested and city officials are confident it will be able to open next May with no issues.

2. The Street Department will begin armorcoating in the next weeks.

3. The city’s junk car program has been implemented. The city has only collected one junk car but is encouraging citizens to take advantage of this program.

4. The League of NE Municipalities Annual Conference is September 20-22. City Manager Sheridan is attending.

5. PADD is hosting a Housing Conference on September 26. All realtors, developers, and anyone connected to the housing industry is encouraged to come. More information is available at the city office.

With no further business, motion by Bounous, seconded by Paul to adjourn at 8:40 pm.  Ayes: Paul, Russell, Grant, and Bounous.

/s/ Kim Buchan

City Clerk

/s/ Nancy I Russell

Mayor

I, the undersigned, City Clerk for the City of Gordon, Nebraska hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council on September 14, 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 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: September 20, 2017