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 9, 2017 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: Grant, Bounous, Paul, Russell, and Evans (late).

Absent:  No One.

Motion by Bounous, seconded by Paul to approve the minutes of the October 12, 2017 meeting.  Ayes:  Bounous, Paul, Russell, and Grant.

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

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

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, $562.39; EFTPS, Ally, EX, $523.52; EFTPS, Fleet Services, SU, $1,278.87; EFTPS, FNBO, FE, $64.81; EFTPS, Medicare Provider Enroll, FE, $560.00; EFTPS, NE Dept of Revenue, RE, $3,666.14; GM1005, 1st National Bank, EX, $10,776.19; GM1006, 1st National Bank, EX, $20,860.48; INS1024, Strong Insurance, EX, $3,387.00; INS1025, Strong Insurance, EX, $5,171.00; 46210, Airport Authority, RE, $773.12; 46211, Airport Bond Savings, RE, $987.09; 46212, Amazon.com, SU, $222.38; 46213, BC/BS, EX, $10,426.78; 46214, Better Homes & Gardens, SU, $9.99; 46215, Demco, SU, $357.26; 46216, Fyr Tek, SE, $350.00; 46217, Time, SU, $69.95; 46218, Ingram, SU, $431.90; 46219, Library Petty Cash Fund, RE, $22.50; 46220, NWRPPD, SE, $4,434.59; 46221, Nebraskaland, SU, $18.00; 46222, Sheridan Co Journal Star, SE, $50.00; 46223, Special Assessment BF, RE, $1,235.16; 46224, USPS, FE, $88.00; 46225, Woman’s Day, SU, $7.00; 46226, Payroll Fund, SA, $25,458.26; 46227, City of Gordon, RE, $43.67; 46228, Productivity Plus, SU, $184.28; 46229, Andy Leui, RE, $56.33; 46230, Madison Natl Life, EX, $43.64; 46231, Networkfleet, SE, $113.70; 46232, BH Energy, SE, $654.45; 46233, Sandhills Land & Property, EX, $400.00; 46234, Viaero, SE, $151.20; 46235, USPS, SE, $176.01; 46236, Verizon, SE, $267.44; 46237, Adam Wackler, RE, $199.39; 46238, Credico, Inc, EX, $2,740.04; 46239, Payroll Fund, SA, $24,574.13.

Total November Paid Bills: $121,396.66

UNPAID BILLS

46240, Chris Anderson, RE, $50.00; 46241, All States Ag Parts, SU, $173.56; 46242, Airmethods Advantage, EX, $19.50; 46243, Baker & Associates, SE, $2,490.00; 46244, Dan Bishop , RE, $50.00; 46245, Jeff Brewer, RE, $50.00; 46246, Jeff Brewer, SE, $450.00; 46247, Shelby Berger, RE, $50.00; 46248, City of Chadron, EX, $45.00; 46249, Customized Billing, SE, $300.00; 46250, Colton’s Liquor, SU, $1,034.40; 46251, Data Technologies, EX, $2,880.23; 46252, Emergency Medical Products, SU, $221.35; 46253, Enviro Service, Inc, SE, $40.00; 46254, First National Bank Omaha, SU, $1,443.84; 46255, JD Financial, SU, $21.34; 46256, Ford Motor Credit, EX, $374.09; 46257, GMHS, SE, $177.00; 46258, Great Plains Communications, SE, $1,698.08; 46259, Graphics Designs, SU, $253.50; 46260, Gall’s, SU, $1,638.22; 46261, Grocery Mart, SU, $193.60; 46262, Greenamyre Contr & Blder, SE, $8,170.00; 46263, General Fund Money Market, EX, $3,500.00; 46264, Hinn’s Auto Supply , SU, $524.51; 46265, Homestead Building Supply, SU, $167.81; 46266, Colin Hyatt, RE, $50.00; 46267, Clay Heath, RE, $50.00; 46268, Insurance Fund, EX, $13,552.00; 46269, Ideal Linen, SE, $197.07; 46270, Int’l City Managers Assoc, FE, $457.60; 46271, Johnson Hardware Co, SU, $105.18; 46272, Kimball Midwest, SU, $587.68; 46273, Kustom Rock, SU, $167.44; 46274, Gardner, Loutzenhiser, & Ryan, SE, $750.00; 46275, Modern Marketing, SU, $172.10; 46276, Mid Continent, SE, $554.00; 46277, NPPD, SE, $6,548.61; 46278, NE Total Office, SU, $302.27; 46279, NW Pipe Fittings, SU, $543.71; 46280, NW Community Action, EX, $99.34; 46281, Neenah Foundry Co, SU, $2,277.88; 46282, NE Dept Trans Bd of Examiners, FE, $100.00; 46283, One Call Concepts, SE, $12.48; 46284, Petty Cash Fund, RE, $158.76; 46285, Police Officer Assoc of NE, FE, $90.00; 46286, Public Safety Center, SU, $64.95; 46287, Panhandle Concrete Prod, Inc, SU, $1,299.00; 46288, Respond 1st Aid Systems, SU, $62.82; 46289, R & L Irrigation, SE, $175.00; 46290, NE Public Health Env Lab, SE, $96.00; 46291, Sides & Milburn, SU, $184.35; 46292, Sheridan County Court, FE, $34.00; 46293, Stockmen’s Drug, SU, $5.94; 46294, Shopko, SU, $36.09; 46295, Sheridan County Journal Star, SE, $595.02; 46296, Smith King & Simmons, SE, $312.50; 46297, Sasse Vet Clinic, SE, $10.00; 46298, Share Corp, SU, $282.09; 46299, True Value, SU, $820.41; 46300, Triangle Electric, SE, $785.93; 46301, Westco, SU, $485.97; 46302, Water Reserve USDA, RE, $1,716.00; 46303, Barb Winter, SE, $283.96; 46304, Water System Impr Project, EX, $17,200.00; 46305, Kevin Wolkins, RE, $50.00; 46306, Keith Wolkins, RE, $50.00; 46307, Xerox, EX, $543.58.

Total November Unpaid Bills: $77,885.76.

Total November Paid Bills: $121,396.66.

Total November Bills: $199,282.42.

Mandy Craig, Jones Insurance, and Ben Criss, Strong Insurance were present to offer council a bid for the city’s general liability and worker’s compensation insurance. Also present was Nate Fox, League Association of Risk Management (LARM), to answer any questions regarding LARM’s bid that was presented at the October council meeting. LARM’s bid came in $49,315 lower than Jones Insurance. Enter Councilman Evans. Motion by Grant to move the city’s insurance to LARM. Motion died for lack of a second. After some discussion regarding the differences in both company’s business practices, council requested more information on LARM, including having City Attorney Dennis King review the policy offered by LARM. Motion by Grant, seconded by Bounous to table a decision regarding the city’s insurance carrier to the December meeting. Ayes: Russell, Grant, Bounous, Evans, and Paul.

Geneie Andrews, GIS Workshop offered council a proposal to complete the next step of the city’s asset management program. The scope of the work would include mapping fire hydrants, water main shut offs, manholes and other assets of the city’s infrastructure. Mapping the infrastructure of the city in this manner has many benefits. City employees would have records immediately available in an emergency including the history of each part of the infrastructure. Utility employees will be able to keep detailed records of the maintenance of the city’s water system, which will make reporting compliances simpler. After some discussion regarding the cost of this layer of the GIS program, Geneie Andrews informed council that she will discuss payment options with officials at GIS Workshop, and have information for them for the December meeting.

At the November council meeting, Vicki Ballard addressed council regarding a dog attack that occurred on her property. The attack resulted in the euthanizing of one of her dogs. At the November meeting, the weakness of the current ordinance regarding dangerous dogs was acknowledged. The current ordinance holds no real repercussions unless a human being is severely injured by a dangerous dog. Since the November meeting, City Manager Sheridan and County Attorney Jamian Simmons have been working on the ordinance that is being presented to council for approval. The ordinance repeals the ban on pit bulls, but automatically makes a pit bull a dangerous dog, and any citizen wishing to own a pit bull in Gordon, must comply with all requirements of the dangerous dog section. The proposed ordinance outlines in detail the process for declaring a dog dangerous and the penalties for non-compliance.  Motion by Bounous, seconded by Paul to pass Ordinance 1171. Ayes: Grant, Bounous, Evans, Paul, and Russell.

ORDINANCE NO. 1171

AN ORDINANCE TO AMEND ARTICLE III-DOGS; TO REVISE AND AMEND ORDINANCES 2-308 THROUGH 2-321; TO ELIMINATE PROVISIONS RELATED TO THE PROHIBITION ON PIT BULLS; TO DESIGNATE NEW ORDINANCES RELATED TO THE DESIGNATION AND REGULATION OF DANGEROUS DOGS; AND AN EFFECTIVE DATE.

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

Section 1.  All provisions and ordinances related to the prohibition of pit bulls within the city limits as previously laid out in Sections 2-311 of Article III-Dogs of the Municipal Code of Gordon, Nebraska are hereby revoked. 

Section 2. Sections 2-308 through 2-321 of Article III-Dogs of the Municipal Code of Gordon, Nebraska are hereby revised and amended as specifically written and laid out on the document titled, “Article III-Dogs” attached hereto and incorporated herein by this reference.  

Section 3. Any ordinance or section passed and approved prior to the passage, approval, and publication or posting of this notice and in conflict with its revisions are repealed. 

Section 4. 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 APPROVED this 9th day of November, 2017.

/s/ Nancy I Russell

MAYOR

/s/ Kim Buchan

CLERK

Motion by Grant, seconded by Evans to waive 2nd and 3rd readings of Ordinance 1171. Ayes: Bounous, Evans, Paul, Russell, and Grant.

A complete copy of Ordinance 1171 is available at the city office, 311 N Oak Street.

Doug Dykstra, Genpro Energy, presented to council more information regarding a solar project at the city’s well field located 4 miles south of Gordon. The proposed project has the potential to save the city $8,000 per year in electric costs. After some discussion, council expressed interest in moving forward with the project. The next step is for Genpro to begin working with Northwest Rural Public Power District to assess the feasibility of the project.

Ray Misner, Gordon Chamber of Commerce Director, requested that the Gordon City Council obtain a USDA Rural Business Development Grant for the purposes of completing an Economic Development Plan for the City of Gordon. Motion by Grant, seconded by Bounous to approve Resolution 2017-28. Ayes: Evans, Paul, Russell, Grant, and Bounous.

Resolution 2017-28

WHEREAS, the City of Gordon (hereinafter called Grantee) intends to apply for a Rural Business Development Grant in the amount of $20,000 from the United States of America, acting through Rural Development (“the agency”), United States Department of Agriculture, acting under the provisions of the Rural Business Development Grant Program (7 C.F.R. Part 4280, Subpart E) for the purpose of a Planning Grant. The grant will develop a strategic long-term economic development plan (herein referred to as the Facility); and

WHEREAS, as a condition to and in consideration of receiving financial assistance in the form of the Rural Business Development Grant from the agency, this Resolution is being adopted.

THEREFORE,  in consideration of the premises, Grantee agrees as follows:

(1) The grantee hereby applies for, approves and accepts a Rural Business Development Grant in an amount not to exceed $20,000 in accordance with the terms specified in the Application for Federal Assistance (Form SF 424) and the Letter of Conditions dated July 21, 2017, and the General Requirements for Administration of Rural Business Development Grants (RD Instruction 4280, Subpart E) copies of which have been provided to us.

(2) The Mayor and City Clerk are hereby authorized and directed to apply for, approve, accept and take all actions necessary to obtain and complete the requirements of the Rural Business Development Grant under the terms offered by the agency.

This Resolution shall be in force and effect immediately.

By: /s/ Nancy I Russell

Mayor

Attest: /s/ Kim Buchan

City Clerk

The City of Gordon currently has three inactive wells that need to be decommissioned. The cost to complete this project is $20,000. The City of Gordon has been approved for a Nebraska Department of Environmental Quality (NDEQ) Sourcewater Protection Grant in the amount of $13,500. The city’s portion of the grant can be completed with an in-kind contribution. City crews will demolish the well houses and complete other work necessary to the project, at an estimated cost of $5,000. The Upper Niobrara White Natural Resource District (NRD) has approved a $500 per well grant which will take care of the cost not covered by the NDEQ grant. Motion by Paul, seconded by Bounous to approve the agreement with the NDEQ and allow Mayor Russell to sign the necessary paperwork. Ayes: Paul, Russell, Grant, Bounous, and Evans.

Jim Smith, Chairman of the Perpetual Care Board, submitted his final report regarding the Perpetual Care investments. Motion by Bounous, seconded by Paul to accept the report as presented and to thank Jim Smith for his many years of service. Ayes: Russell, Grant, Bounous, Evans, and Paul.

Motion by Grant, seconded by Bounous to pass Resolution 2017-27 with thanks to Mr. Bishop. Ayes: Grant, Bounous, Evans, Paul, and Russell.

RESOLUTION 2017-27

APPOINTMENT OF DANIEL A BISHOP AS STREET SUPERINTENDENT FOR THE CITY OF GORDON, NEBRASKA.

WHEREAS, the governing body of the City of Gordon determined the need to appoint a Street Superintendent to have general charge, direction and control of all work on streets, sidewalks, culverts and bridges of the City of Gordon, and

WHEREAS, the City of Gordon, Sheridan County, Nebraska established by ordinance the position of Street Superintendent, codified in Chapter I Civil Administration, Article II, Section 1-211 of the Municipal Code Book, and

WHEREAS, the duties of the Street Superintendent are set forth by City of Gordon Ordinance and Laws pursuant to the State of Nebraska,

NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Gordon, Nebraska, that Daniel A Bishop be appointed as City of Gordon Street Superintendent for the City of Gordon, Sheridan County, Nebraska.

PASSED AND APPROVED this 9th day of November, 2017.

/s/ Nancy I Russell

Mayor

Attest: /s/ Kim Buchan

City Clerk

Motion by Grant, seconded by Bounous to allow Mayor Russell to sign the NE Department of Transportation Street Superintendent Certification. Ayes: Bounous, Evans, Paul, Russell, and Grant.

City Manager Sheridan presented his Manager’s Report:

1. The city is still looking for a Utility Director. City Manager Sheridan is looking into all possibilities.

2. City Manager Sheridan attended the last LNM Legislative meeting. The impact of increased alcohol sales and lack of a significant increase in revenue for the city was discussed. The extra cost being absorbed through the police and other departments is not being absorbed by the sales tax collected on alcohol sales.

3. City Manager Sheridan attended the International City Manager Association Conference in Texas. He felt it was very informative.

Motion by Bounous, seconded by Paul to go into executive session at 8:24 pm for the purposes of litigation discussion. Ayes: Evans, Paul, Russell, Grant, and Bounous.

Council reconvened in regular session at 8:27 pm. With no further business, motion by Bounous, seconded by Paul to adjourn at 8:28 pm. Ayes: Paul, Russell, Grant, Bounous, and Evans.

/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 9, 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: November 15, 2017