Gordon City Council Minutes May 10, 2018

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 6:02 p.m., May 10, 2018 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.

Motion by Evans, seconded by Bounous to approve the minutes of the April 12, 2018 meeting.  Ayes:  Paul, Grant, Bounous, and Evans.

Motion by Paul, seconded by Evans, to approve the March 2018 Treasurer’s Report.  Ayes: Grant, Bounous, Evans, and Paul.

Motion by Bounous, seconded by Evans, to approve the April 2018 Treasurer’s Report. Ayes: Bounous, Evans, Paul, and Grant.

After some discussion, motion by Evans, seconded by Paul 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

EFTPS, Ally, EX, $562.39; EFTPS, Ally, EX, $523.52; EFTPS, Fleet Services, SU, $576.04; EFTPS, FNBO, FE, $77.78; EFTPS, NE Dept of Revenue, RE, $3,463.15; RS1158, The Copy Shoppe, SU, $343.01; RS1159, Superfoods, SU, $27.95; 46769, Airport Authority, RE, $1,865.84; 46770, Airport Bond Savings, RE, $2,112.82; 46771, Arthritis Today, SU, $12.95; 46772, Booklist, SU, $99.00; 46773, BC/BS, EX, $14,334.24; 46774, Fyr-Tek, SU, $321.86; 46775, Cengage/Gale, SU, $97.72; 46776, Huskers Illustrated, SU, $64.95; 46777, Ingram, SU, $194.38; 46778, Madison National Life, EX, $53.99; 46779, NWRPPD, SE, $3,759.50; 46780, Omaha World Herald, SU, $176.28; 46781, Special Assessment BF, RE, $2,601.76; 46782, Western Horseman, SU, $28.00; 46783, NE Law Enf Training Acad, SU, $52.00; 46784, Payroll Fund, SA, $30,474.06; 46785, USPS, SE, $254.19; 46786, City of Gordon, RE, $76.44; 46787, Jessica Colwell, RE, $23.56; 46788, VOID, $0.00; 46789, Ctiy of Gordon, RE, $63.06; 46790, Productivity Plus Acct, SE, $78.10; 46791, Shelley Anderson, RE, $36.94; 46792, Colin Hyatt, RE, $122.19; 46793, NE Law Enf Training Acad, FE, $100.00; 46794, Networkfleet, SE, $113.70; 46795, Black Hills Energy, SE, $1,784.25; 46796, Sandhills, RE, $400.00; 46797, Viaero, SE, $113.37; 46798, USPS, SE, $174.48; 46799, Verizon, SE, $267.38; 46800, Awards Plus, SU, $52.00; 46801, Melissa Grover, RE, $100.00; 46802, Payroll Fund, SA, $28,103.77.

Total May Paid Bills: $93,686.62.

UNPAID BILLS

46803, Chris Anderson, RE, $50.00; 46804, Airmethods Advantage, EX, $70.00; 46805, Dan Bishop , RE, $50.00; 46806, Jeff Brewer, RE, $50.00; 46807, Bierschbach, SU, $1,833.20; 46808, Bell Emergency Training, SE, $356.00; 46809, Shelby Berger, RE, $50.00; 46810, Tony Bishop, RE, $50.00; 46811, City of Chadron, EX, $45.00; 46812, Customized Billing, SE, $240.00; 46813, Chadron Lock, SU, $120.00; 46814, eGov Strategies, SE, $1,750.00; 46815, First National Bank Omaha, SU, $239.70; 46816, JD Financial, SU, $34.95; 46817, Fyr-Tek, SU, $1,897.75; 46818, Ford Motor Credit, EX, $374.09; 46819, GMHS, SE, $1,024.22; 46820, Great Plains Communications, SE, $1,689.41; 46821, Gall’s, SU, $184.53; 46822, Grocery Mart, SU, $31.00; 46823, Gordon Volunteer Fire Dept, RE, $3,000.00; 46824, General Fund Money Market, EX, $3,500.00; 46825, Hinn’s Auto Supply , SU, $407.47; 46826, Colin Hyatt, RE, $50.00; 46827, Hawkins, SU, $1,043.65; 46828, Clay Heath, RE, $50.00; 46829, Insurance Fund, EX, $13,552.00; 46830, Ideal Linen, SE, $83.89; 46831, CoDee Johns, RE, $50.00; 46832, Kelly Construction, SE, $724.08; 46833, Laura Kaye, MI, $65.95; 46834, Gardner, Loutzenhiser, & Ryan, SE, $750.00; 46835, League of NE Municipalities, SE, $470.00; 46836, Madison National Life, EX, $47.09; 46837, Municipal Code Services, SE, $150.00; 46838, NPPD, SE, $5,937.77; 46839, NE Total Office, SU, $188.65; 46840, NWRPPD, SE, $2,506.07; 46841, NW Pipe Fittings, SU, $381.26; 46842, NW Community Action, EX, $99.34; 46843, NE DOL/Office of Safety, FE, $24.00; 46844, DHHS - Division of Public Health, FE, $115.00; 46845, NE Law Enforcement Tr Ctr, SU, $135.00; 46846, One Call Concepts, SE, $15.51; 46847, Powerplan, SU, $718.11; 46848, Petty Cash Fund, SU, $443.50; 46849, Shane Pascale, RE, $50.00; 46850, Platte Valley Communications, SE, $1,225.00; 46851, Quill, SU, $198.82; 46852, Radiology Imaging, SE, $96.00; 46853, BH Energy, SE, $21.46; 46854, Sheridan County Treasurer, EX, $1,097.18; 46855, NE Public Health Env Lab, SE, $48.00; 46856, Stockmen’s, SU, $17.65; 46857, Scottsbluff Screenprinting, SU, $135.00; 46858, Sheridan County Journal Star, SE, $619.20; 46859, Smith King & Simmons, SE, $665.00; 46860, True Value, SU, $574.55; 46861, Triangle Electric, SE, $191.60; 46862, Westco, SU, $2,422.56; 46863, Water Reserve USDA, RE, $1,716.00; 46864, Water System Impr Project, EX, $17,200.00; 46865, Kevin Wolkins, RE, $50.00; 46866, Wreck A Mended, SE, $2,812.28; 46867, Waugh Welding, SE, $5,510.18; 46868, Keith Wolkins, RE, $50.00; 46869, Xerox, EX, $682.48.

Total May Unpaid Bills: $80,031.15.

Total May Paid Bills: $93,686.62.

Total May Bills: $173,717.77.

The Albany 4-H Club, led by Carrie Child, completed the (P)ACE Door Hanger Project during the Choice Gas Selection period this year. Carrie Child was present to accept the $275.00 check from (P)ACE as a donation to her club for completing the project.

Vice-Mayor Grant swore in Gordon Police Officer Joseph McGough. He has joined the force as a part-time officer. The City Council welcomes Officer McGough and thanks him for his service to the City of Gordon.

The Public Hearing for the Zoning Change Application made by Roxie Gatewood for Outlot S & Outlot O, OT was opened at 6:17 pm, and conduct of the meeting was turned over to Hearing Officer Edwards. There was no one present to offer testimony for or against the proposed zoning change, and the Office of the City Manager has not received any written testimony. The Public Hearing was closed at 6:21 pm, and conduct of the meeting was returned to Vice-Mayor Grant. Roxie Gatewood was present to answer questions about her zoning change application. She intends to build storage units on this property, and the current zoning of C-2 does not allow storage units. After some discussion, motion by Bounous, seconded by Paul to approve the application made by Roxie Gatewood to change the zoning of Outlot S & Outlot O, OT from C-2 (Highway Business) to C-4 (Heavy Commercial). Ayes: Paul, Grant, Bounous, and Evans.

Council was given a copy of the Sheridan County Housing Study that was recently completed by Hanna:Keelan. Hanna:Keelan suggested that a committee be organized representing the entities involved from Sheridan County. This committee would decide how to utilize the information in the study going forward to improve the housing in Sheridan County.

Ray Misner, Gordon Chamber of Commerce, asked to move item K to the June meeting.

Motion by Bounous, seconded by Evans to approve the Manager Application for Shopko Hometown #212, liquor license D-120677. Ayes: Grant, Bounous, Evans, and Paul.

Motion by Bounous, seconded by Paul to approve Resolution 2018-10. Ayes: Bounous, Evans, Paul, and Grant.

Resolution 2018-10

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 28, 2018 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 Evans to approve Resolution 2018-11. Ayes: Evans, Paul, Grant, and Bounous.

RESOLUTION NO. 2018-11

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, August 24, 2018, 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

Motion by Paul, seconded by Bounous to approve Resolution 2018-12. Ayes: Paul, Grant, Bounous, and Evans.

RESOLUTION 2018-12

A RESOLUTION APPOINTING THE REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE NEBRASKA MUNICIPAL POWER POOL MEMBER’S COUNCIL.

WHEREAS, the City of Gordon is a member of the Nebraska Municipal Power Pool.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GORDON, that Gordon City Manager be appointed the Representative  to the Member’s Council of the Nebraska Municipal Power Pool, and that the Mayor of the City of Gordon be appointed the Alternate Representative to the Member’s Council of the Nebraska Municipal Power Pool.

Passed and approved this 10th day of May, 2018.

/s/ Kelly Grant

Vice-Mayor

ATTEST: /s/ Kim Buchan

City Clerk

Motion by Paul, seconded by Evans to approve Resolution 2018-13. Ayes: Grant, Evans, and Paul. Councilman Bounous abstained.

CITY OF GORDON, NEBRASKA

RESOLUTION NO. 2018-13

A RESOLUTION AUTHORIZING THE CITY OF GORDON TO ENTER INTO AN EQUIPMENT FINANCING LEASE WITH FIRST NATIONAL BANK OF GORDON, NEBRASKA FOR THE PURCHASE OF A BIDIRECTIONAL TRACTOR. 

WHEREAS, on the 8th day of February, 2018, the Mayor and City of Council of the City of Gordon, Nebraska passed and approved Resolution No. 2018-04 authorizing the city to secure financing not to exceed $50,000.00 for the purchase of a bidirectional tractor;  

WHEREAS, First National Bank of Gordon, Nebraska has offered the City an Equipment Financing Lease of a 5 year term, at 4.75% interest, and 5 annual payments of $10,254.95 beginning October 15, 2018, and with said being for the lease of a New Holland TV 140 Bidirectional Tractor, and includes an option to purchase said equipment at the conclusion of the lease term at a minimal cost; 

WHEREAS, it is beneficial to the City to enter into such an equipment financing lease; 

NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GORDON, that the City wishes to enter into an Equipment Financing Lease for the lease of a bidirectional tractor pursuant to the terms and conditions as offered to the City and that the City Manager is authorized to sign an Equipment Financing Lease with First National Bank of Gordon, Nebraska for the lease of bidirectional tractor as described herein.    

Passed and approved this 10th day of May, 2018. 

/s/ Kelly Grant

VICE-MAYOR

ATTEST: /s/ Kim Buchan

City Clerk

Motion by Bounous, seconded by Evans to reappoint Toni Siders to the Library Board, and to thank her for her service. Her term will expire in April 2022. Ayes: Bounous, Evans, Paul, and Grant.

City Manager Edwards gave council his May Manager’s report consisting of the following items:

1. Well-field solar project – the only remaining items to be completed so that the project my begin are securing the financing and negotiating the land purchase from the land owner. 

2. Time table for the well decommissioning:

a. #6 well should be completed by the end of June

b. #1 & #2 – the land owner around these wells would like to take control of them. A decision needs to be made on how to accomplish this.

c. #5 will be completed by October 31. This well is more complicated as a valve needs removed which will require excavating on privately owned property.

3. The swimming pool is on track to open Memorial Weekend, weather permitting.

4. City Manager Edwards will be going to the LNM Finance Conference in West Point at the end of May and a budget seminar this summer. 

Motion by Bounous, seconded by Paul, to adjourn at 6:50 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 10, 2018; 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 16, 2018