Kimball City Council Regular Meeting September 12, 2017

A regular meeting of the Mayor and City Council was convened in open and public session at 6:00 p.m. on September 12, 2017 in the City Council Chambers. Mayor Prunty and Council members Shields, Schnell, Warner and Baliman were present. Also present were City Attorney Hadenfeldt, City Administrator Dean, City Treasurer Sisk, Management Assistant Terrill, Special Projects Manager Sapp, and City Clerk Russell. The public was represented.

Notice of the meeting was given in advance by publication in the Western Nebraska Observer. Notice of the meeting was given to the members and a copy of their acknowledgement of receipt of notice and the agenda is on record at the office of the City Clerk. Availability of the agenda was communicated in advance notice and in the notice to the members. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public except as otherwise indicated.

Prunty called the meeting to order at 6:00 p.m. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried. The Pledge of Allegiance was recited.

Prunty acknowledged the posted Open Meetings Act poster.

At 6:02 p.m. Prunty opened the public hearing for the 2017-2018 Fiscal Year Budget. Administrator Dean advised the Council the final budget is the same that was discussed at the last budget workshop the only change is the $35,000 for a mini excavator. Prunty asked if the public had any questions. With there being no further discussion, Prunty closed the public hearing at 6:04 p.m.

Prunty asked to introduce a motion to introduce Ordinance 750, read by title only. Baliman made a motion to approve and Warner seconded. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

Prunty read Ordinance 750 by title only.

ORDINANCE NO. 750

AN ORDINANCE OF THE CITY OF KIMBALL, NEBRASKA, TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM. Baliman made a motion to approve ordinance 750 and seconded by Schnell. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

At 6:05 p.m. Prunty opened a public hearing on the discussion, 2017-2018 Set Final Property Tax Request. Prunty advised the Board that property taxes were lowered to compensate for the rise in property evaluations so that there will be no increase in taxes on the City’s side. Dean stated that the effective Mill Levy is .409511 and that is being reduced from .453071. There being no further discussion, Prunty closed the public hearing at 6:06 p.m.

Shields made a motion to pass Resolution 2017-15, seconded by Baliman. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

RESOLUTION 2017-15

WHEREAS, the 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 City Council of the City of Kimball, Nebraska passes by a majority vote, a resolution 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 interest of the Kimball City Council and the citizens of Kimball, Nebraska 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 Kimball, Nebraska, by a majority vote, resolves that:

1. The 2017-2018 property tax request be set at $474,700.00 ($0.409511 per $100 valuation) for the City’s General Fund.

(These levies include only the City of Kimball.)

2. A copy of this resolution be certified and forwarded to the Kimball County Clerk prior to October 15, 2017.

PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2017. /s/ Keith Prunty, Mayor

ATTEST: /s/ Rosie Russell, City Clerk

Prunty opened discussion for considering the restricted fund lid of 2.5% and the additional 1%. Dean asked City Attorney Hadenfeldt to explain the restricted fund. Hadenfeldt advised the Board that under state statute there is an allowance for a 1% restricted fund to act as a safety net for the City if needed. He went on to advise that the funds do not have to be used but it is better to have them in case an emergency comes up. Prunty asked if there were any questions. Patty Haiar, 412 S. Webster St., asked the Board what the restrictions were. Hadenfeldt answered that “restricted fund” refers to the fund is restricted to what you can use it for. Baliman added that it is a safety net in case something happens that wasn’t covered in the budget. Hadenfeldt went on to explain that there are funds under the statute that can only be used for a specific purpose. After further discussion, Warner moved to approve the Restricted Fund Lid of 2.5% and the additional 1%, Schnell seconded.On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

Prunty opened discussion on considering action on lease agreement between the City of Kimball and Vladimir and Staci Castro to use two rooms at the Event Center. Special Projects Coordinator Sapp advised the Board that she was contacted by the Castro’s with an interest to opening a Mexican food restaurant in Kimball. She went onto advised that the Castro’s currently own a Mexican food restaurant in Scottsbluff and they are interested in relocating to Kimball. Sapp went on to state that until that lease is up at the end of the year, they discussed renting the Event Center every Monday for a couple of months, while they are looking for a building, to see if Kimball could support a Mexican food restaurant. Sapp advised the Board that the Castro’s will cover the insurance and because they are doing a long time lease that the rent amount would be lowered. Prunty pointed out a typo in the lease regarding the rental payment late fee. Sapp said that she would get it corrected. After further discussion Baliman made a motion to approve the lease agreement for Vladimir and Staci Castro after the correction is made to the lease agreement, seconded by Warner. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

Prunty opened discussion on the Mayor’s appointment to the Planning Commission. He advised the Board that he was contacted by Brian Williams that he no longer wanted to be a member of the Planning Commission. Prunty advised that he sent Williams a letter regarding his position on the commission and there was no reply. Prunty introduced Patty Haiar as his appointment to the Board to replace Brian Williams. Schnell made a motion to approve the appointment and seconded by Baliman. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

Prunty opened discussion to consider action on Supplemental Agreement No. 4 between the City of Kimball and M.C. Schaff and Associates for the Underpass Project. Dean advised that he contacted NDOT regarding the agreement and he was told this is for the final design of the Underpass Project and they need the City to sign agreement to move forward with the design. Dean advised that they hope to have the project bid by late 2018. Baliman stated that this project has been going on for 10-12 years and that it needs to be done. With there being no further discussion, Prunty asked for a motion to approve Resolution 2017-16. Baliman made a motion, seconded by Shields. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

RESOLUTION

PRELIMINARY ENGINEERING SERVICES AGREEMENT SUPPLEMENTAL AGREEMENT NO. 4 – BK1435 City of Kimball Resolution No. 2017-16

WHEREAS: City of Kimball and M. C. Schaff & Associates, have previously executed a Preliminary Engineering Services Agreement (BK1435) for a transportation project for which the Local Public Agency (LPA) would like to obtain Federal funds;

WHEREAS: City of Kimball understands that it must continue to strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of the Federal-aid project; and

WHEREAS: City of Kimball and M.C. Schaff & Associates, wish to enter into a preliminary engineering services supplemental agreement setting out modifications and/or additional duties and/or funding responsibilities for the Federal-aid project.

Be It Resolved: by the City Council of the City of Kimball, Nebraska that:

Keith Prunty, Mayor of the City of Kimball, Nebraska is hereby authorized to sign the attached Preliminary Engineering Services Supplemental Agreement No. 4 between the City of Kimball and M.C. Schaff & Associates.

NDOR Project Number: STPB-71-2(110) NDOR Control Number: 51242 Project Location: Kimball Underpass Renovation

Adopted this 12th day of September, 2017 at Kimball, Nebraska.

The City Council of the City of Kimball, Nebraska

Mayor Keith Prunty ______Council President Christy Warner Council member James Schnell Council Member Kim Baliman Council member James Shields ______Council Member Baliman Moved the adoption of said resolution Member Shields Seconded the Motion Roll Call: 4 Yes 0 No 0 Abstained 0 Absent Attest: /s/ Katherine Terrill, Acting City Clerk Exhibit “A”

Prunty opened discussion to consider amending Kimball Municipal Code regarding Board and Commission member absences. Dean advised the Board that we do not have a written procedure for absences. Dean advised the Board that under state statute there is a 5 meeting requirement for elected members but not for appointed members. Hadenfeldt went on to state under the new ordinance it would allow for appointed Boards and Committees to hold a hearing to decide whether or not to excuse the absent member. Prunty advised it will affect the Planning Committee, Board of Adjustments, Board of Public Works and the Cemetery Board. Clerk Russell advised the Board that Park & Rec already have have something in their interlocal agreement. Prunty made a motion to introduce ordinance 751 to be read by title only and the statutory rule requiring reading on 3 different days be suspended. Warner moved to have ordinance 751 read by title only, seconded by Schnell. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

Mayor Prunty read Ordinance 751 by title only.

ORDINANCE NO. 751

AN ORDINANCE AMENDING TITLE III: ADMINISTRATION, CHAPTER 32, SECTIONS 32.002, 32.003, 32.005 AND 32.006 OF THE MUNICIPAL CODE OF THE CITY OF KIMBALL, NEBRASKA, PROVIDING FOR THE REPEAL OF ORDINANCES AND SECTIONS IN CONFLICT THEREWITH, AND PROVIDING FOR PUBLICATION IN PAMPHLET FORM.

Warner moved and seconded by Baliman to approve Ordinance No. 751. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

Prunty opened discussion to accept the resignation from Rosie Russell, City Clerk/Deputy Treasurer. Baliman made a motion seconded by Shields to accept the resignation. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Shields, Warner, and Baliman. Nay: Schnell. Absent: None. Motion carried. Prunty opened discussion to appoint acting City Clerk Katherine Terrill. Baliman made a motion to accept the appointment seconded by Shields. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Shields, Warner, and Baliman. Nay: Schnell. Absent: None. Motion carried. Prunty opened discussion on Resolution 2017-17, set vendor/peddler permit fees. Dean advised the Board that the City already has a daily rate for Peddler Permit but this Resolution will set the fee for weekly and annual permits. Schnell asked if these permits covered fairs and Farmer’s Day. Russell advised that those permits go through the Farmer’s Day Committee. Schnell made a motion seconded by Baliman to approve Resolution 2017-17. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

RESOLUTION 2017-17

A RESOLUTION ESTABLISHING VENDOR AND PEDDLER PERMIT FEES.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KIMBALL, NEBRASKA, THAT the vendor and peddler permit fees are hereby established as follows:

Daily – Per Person/Per Day $10.00

Weekly – Per Person/Per Week $25.00

Annual – Per Person/Annually $100.00

BE IT FURTHER RESOLVED that any ordinance or resolution passed, approved and adopted prior to the passage and approval of this Resolution in conflict with its provisions is repealed.

BE IT FURTHER RESOLVED that this Resolution shall take effect and be in full force from and after its passage and approval as required by law.

Whereupon the Mayor declared said resolution passed and approved this 12th day of September, 2017.

/s/ Keith Prunty, Mayor /s/Rosie Russell, City Clerk

Prunty opened discussion on the Consent Agenda Items. Schnell made a motion seconded by Warner to approve the Consent Agenda Items. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

Prunty opened discussion for the Administrators report. Dean advised that the City will be spraying for windmill grass and planting 12 new trees at Gotte Park. Dean went on to state that the Board of Public Works approved a new boiler system for the Electric Shop. Dean also updated the Board on the recent Strategic Planning Meetings. Dean discussed a recent conference he attended and some ideas for the vacant buildings in the downtown area. Dean advised the Board of some issues at the Landfill and Waste Water Treatment Plant and of the repairs they have had to make.

Mayor Prunty advised that he and Dean have been working on some abatement procedures and that the Board that the Economic Development Committee will be split into two different committees. He also said that the Windmill Project will start after they meet with Rick Wynne to get a safety plan in place with the Fire Department.

Prunty asked for a motion to adjourn the meeting at 6:41 p.m. Schnell made a motion seconded by Warner. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Shields, Warner, and Baliman. Nay: None. Absent: None. Motion carried.

______Keith B. Prunty, Mayor Katherine Terrill, Acting City Clerk

City of Kimball-City Council Meeting-General Claims-September 12, 2017-Best Books, Inc.-Book Purchase-77.28; Black Hills Energy, LLC-Gas Service-2,312.23; CenturyLink-Telephone-86.87; Combined Utilities-Utilities-767.45; DakTech-Supplies-273.00; EMC National Life Company-Premium- 198.12; FYR-TEK, Inc.-Testing-1,239.45; Ideal Linen Supply, Inc.-Mats-31.25; Kimball County Clerk- Training-73.00; Napa Auto Parts-Parts-72.88; Northern Safety Co., Inc.- Supplies-55.14; Panhandle Coop-Fuel-296.05; Panhandle Coop Association-Supplies-60.46; Staples-Supplies-261.36; State Fire Marshal Training Division-Certification-100.00; The Right Impression-Voting Plate-12.00; Karen Theorine- Refund-200.00; USA Blue Book-Part-169.03; Autumn Uglow-Contract Cleaning-75.00; Viaero-Cell Phone-44.08; Windstream-Telephone-6.09; Ybarra's DJ and Karaoke-Entertainment-350.00; C. W. Golf Management, LLC -Management Fees-4,735.00; Kimball Event Center-Rent-500.00; GreatAmerica Financial Services-Lease-124.12; High Plains Budweiser-Liquor Purchase-106.40; Baker & Taylor Books- Book Purchase-533.08; Charter Communications- Internet-298.12; Combined Utilities-City Utilities- 6,087.38; Connecting Point-Copy Usage-76.28; Croell Redi-Mix, Inc.-Concrete-1,143.00; Curless Construction Service-Repairs-30.00; Danko Emergency Equipment-Equipment-1,572.54; Enviro Service Inc.-Water Sample-18.00; Frenchman Valley Coop-Fuel-1,102.69; Galls, LLC-Uniforms-215.96; Heather Gawith-Contract Cleaning-60.00; High West Energy-Utilities-4,997.00; Hometown Hardware-Supplies- 441.19; Ideal Linen Supply, Inc.-Supplies-214.56; Intralinks, Inc.-Computer Support-37.50; Kevin Kilgore- Refund-5.25; Kimball Auto Parts-Parts-15.59; Kimball County Register of Deeds-Filings-96.00; Kimball Handyman Project-Handyman Project-815.02; Kimball Health Services-Screening-88.20; Kimball Public Schools-Liquor/Tobacco License Fees-2,585.00; Kimball Service Center-Tires-474.84; Kimball Volunteer Fire Department-Funds/2017-5,500.00; Kriz-Davis Company-Wall Packs-720.00; Law Enforcement Systems, Inc.-Supplies-96.00; NMC-Rental-181.69; Napa Auto Parts-Parts-240.59; Nebraska Environmental Products-Parts-200.20; Panhandle Coop-Propane-351.88; Panhandle Coop Association- Supplies-77.18; Prairie Animal Hospital-Boarding Fees-571.18; Praise Windows Inc.-Window Cleaning- 75.00; Prestige MFG.-Metal-95.82; Respond First Aid Systems-Supplies-76.88; STP Auto Service-Vehicle Maintenance-526.20; Jonathon Selves-Refund-19.92; Shopko Stores Operating Co-Supplies-26.25; Simmons Olsen Law Firm, P.C.-Professional Services-2,223.00; Simmons Olsen Law Firm, P.C.- Professional Services-1,256.35; Spic and Span Cleaners-Supplies-292.50; The Right Impression- Remove Decals-210.76; Autumn Uglow-Contract Cleaning-75.00; Viaero -Cell Phone-221.49; Vince's Corner-Car Washing-25.00; Visa-Firstier Bank-Charges-448.08; Voyager Fleet Systems-Fuel- 45.93; WPCI-Review Data/Screening-60.00; Westco-Chemicals-2,656.96; Western Nebraska Observer-Meeting Notices- 279.37; Wolf Automotive Center, Inc.-Vehicle Maintenance-1,284.72.

City of Kimball-Economic Development Claims-September 12, 2017-EMC National Life Company- Premium-15.36; Elite Oilfield Service-Main Street Grant-2,800.00; Chamber of Commerce-Monthly Grant- 450.00; Kimball County Treasurer-990/995 Fund-1,000.00; Charter Communications-Internet-42.34; Connecting Point-Copy Usage-17.15; DakTech-Office Equipment-1,085.00; Panhandle Coop Association- Supplies-127.71; Simmons Olsen Law Firm, P.C.-Professional Services-94.50; Simmons Olsen Law Firm, P.C.-Professional Services-100.00; Visa-Firstier Bank-Charges-828.44; Western Nebraska Observer- Meeting Notices-56.97.