Kimball City Council

Kimball City Council Regular Meeting June 16, 2015

A regular meeting of the Mayor and City Council was convened in open and public session at 7:00 p.m. on June 16, 2015 in the City Council Chambers. Mayor Prunty and Council members Schnell, Warner, Shields, and Morrison were present. Also present were City Attorney Hadenfeldt, City Administrator Ortiz, Police Chief Huff, City Treasurer Sisk 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 7:00 p.m. and the Pledge of Allegiance was recited.

Warner moved and Morrison seconded to excuse Council member Schnell’s absence of June 2, 2015. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Warner, Shields, and Morrison. Nay: Schnell. Absent: None. Motion carried.

Prunty acknowledged the posted Open Meetings Act poster.

Prunty opened discussion on the Keno grant application from Kimball Wrestling. Klent Schnell indicated this is the third year for the Kimball Wrestling Summer Shindig, which is an outdoor wrestling tournament. It will be held on June 27, 2015 and starts at 6:00 p.m. Schnell said there were 61 participants the first year and 72 last year. He is hoping to have 10 – 15 more this year.

The money they raise goes into the Kimball Wrestling Federation account which helps to purchase uniforms and provides scholarships. Kimball County Manor serves concessions. Schnell said they have had kids from Wyoming, Colorado and Nebraska.

There being no further discussion, Schnell moved and Shields seconded to approve the Keno grant application from Kimball Wrestling for $1,500. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried.

Prunty opened discussion on the Keno grant application from Business Boosters/ Chamber of Commerce. Josh Enevoldsen, Chamber Board President, indicated this is for the annual July 4th fireworks display. The display is going to be a little larger this year for the all-class reunion. The all-class reunion organizers will be donating $1,000 and the Fire Department will also ask for donations at the event. Enevoldsen said there was some money left over from last year as well. Enevoldsen commented on lowering their requested amount and Prunty said the fireworks are a good thing. Enevoldsen said it is usually a pretty good show.

There being no further discussion, Warner moved and Morrison seconded to approve the Keno grant application from Business Boosters/Chamber of Commerce for $2,000. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried.

Prunty opened discussion on the Senior Handyman Project. Wendy Baker, Kimball Handyman Project Director, indicated this project is funded with a grant from the Aging Office of Western Nebraska. The project provides three basic chore areas: lawn mowing, snow removal and housekeeping and served 385 units of chore and 117 units of housekeeping. By approving the grant, it will ensure the project continues through the upcoming fiscal year.

The goal of the Handyman Project is to help individuals remain in their home as long as they can. Baker said this is not based on income and is on a sliding scale. The criterion for the individuals working for the project includes a background check through the Health and Human Services system as well as references. Baker makes herself available at least three hours a day. Warner offered her appreciation for the work Baker does.

There being no further discussion, Warner moved and Shields seconded to accept the grant award from the Aging Office of Western Nebraska for the Kimball Handyman Project. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried.

Prunty opened discussion on leasing right of way property. Ortiz explained the right of way on the eastern edge of the old ASI building. The new owners, Challenger Industries, want to fence off the property and building currently sits on the right of way. Ortiz indicated it was initially thought this would be a simple matter of the City vacating the right of way. It is a 50 foot right of way and it has never been used or paved. Hadenfeldt said when this area was dedicated and platted, the City became an owner of that property. Ortiz also indicated there are no utilities on that right of way.

Ortiz explained the current language in the City Code is more restrictive than State Statute. Hadenfeldt said the process in Section 94.69 is possibly antiquated and one of the simplest alternatives is to repeal that section. He commented on the special damages listed in that section would pertain to when a street is going to be widened, etc. and paying damages. Typically, there are no special damages.

Ortiz said that Challenger’s plan to fence off the property and make that the truck access route. Ortiz said the ordinance to vacate that right of way will be on the next meeting agenda. He inquired if council members have any specific requirements to be included in the lease for the right of way. Challenger would like to own the property and the quickest way is to lease it to them in the interim. Warner suggested adding verbiage in the agreement to make sure they maintain the property they are leasing.

There being no further discussion, Schnell moved and Shields seconded to introduce Ordinance 725 and waive the requirement of reading on three different days. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried.

Mayor Prunty read Ordinance 725 by title only.

ORDINANCE NO. 725

AN ORDINANCE REPEALING TITLE IX, CHAPTER 94, SECTION 94.69 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.

Schnell moved and Warner seconded to pass and approve Ordinance 725. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried.

Prunty opened discussion on determination of unsafe building located at 112 S. Burg Street. Ortiz indicated there is danger of the building collapsing and the building is also on the City’s right of way. The building is leaning more and more onto the alleyway. Prunty indicated that this is the same procedure as before and once this is begun, it has to be followed through. Ortiz said the owners have 60 days to remedy the condition or demolish the building and then council will have to decide how they wish to proceed. Warner inquired if the City has made contact with the owners and Ortiz indicated they have been sent nuisance and weed abatement letters in the past.

There being no further discussion, Morrison moved and Schnell seconded to determine 112 S. Burg Street as an unsafe building and authorize a letter to be sent to the property owner to remedy the condition or demolish the building. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried.

Prunty opened discussion on the Interlocal Cooperation Agreement for Economic Development Purposes. Warner indicated each of the Panhandle cities and counties were invited to participate and work together to try to get more money for the western part of the state. Each person that sits at the table gets a vote and there are a lot more small cities and towns and villages than bigger cities.

Warner said this is the first step. The Regional Economic Development Cooperative asked that each of the councils come up with a “wish list” of things they wish to see done. Warner added that they discussed an annual $50 membership fee.

Ortiz said the City of Scottsbluff initially began the strategic planning initiative with an outside consultant. The consultant determined that a component of the strategic planning efforts needs to be a regional effort to get the attention of the people on the other side of the state.

Ortiz and Warner met with the County Commissioners to request their participation. It is a good effort to try to work together on some of the regional efforts. Discussion was held on other cities’ participation and Hadenfeldt indicated the cooperative would like all cities and towns and villages and counties in the Panhandle to be part of this. Warner said that some of the cities and counties that are not listed on the agreement have been invited but have not gone to their councils yet.

Ortiz said it doesn’t hurt to be involved. Regional cooperation comes in many forms. Some include council of governments (COGs), metropolitan planning organizations (MPOs), and public-private economic development corporations and they have some authority with regard to state and federal funds.

There being no further discussion, Schnell moved and Shields seconded to authorize the Mayor to sign the Interlocal Cooperation Agreement for Economic Development Purposes. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried.

Prunty opened discussion on the Western Area Power Administration 2025 LAP FES Contract. Ortiz indicated this is the City’s agreement with the Western Area Power Administration (WAPA). It is a fairly lengthy document and is a commitment to purchase WAPA through the year 2056. WAPA provides approximately one-third of the City’s electrical power. The reason this is being considered now is that a lot of times the projects that are being worked on are on a larger scale and long-term and then it is known what power is needed to be provided and who the customers are. Ortiz said this is really some of the cheapest power the City can buy. Schnell indicated this also helps cover the renewable resources requirements.

Discussion was held on the wind farm and renewable energy.

There being no further discussion, Morrison moved and Schnell seconded to approve Resolution 2015-03 to authorize the Mayor to sign the Western Area Power Administration 2025 LAP FES Contract.

RESOLUTION 2015-03

BE IT RESOLVED by the City Council of the City of Kimball, Nebraska that Mayor Keith B. Prunty is hereby authorized to execute for and on behalf of the CITY OF KIMBALL, NEBRASKA, the attached Contract No. 14-RMR-2559 with the Western Area Power Administration, which was duly presented to the City Council and which Contract is hereby approved.

On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried. The City Council reviewed the following items under the consent agenda:

1. Minutes from the June 2, 2015 regular city council meeting; 2. Claims; and 3. Financial Statements.

Schnell moved and Warner seconded to approve the consent agenda items as presented. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried.

Ortiz reported the Landfill has received 45 new green dumpsters. The monitoring well is going in and Ortiz is in the process of reviewing the bid documents for the cell closure.

Ortiz reported the #3 engine at the Power Plant is now operational. He spoke about an ERPA agreement that governs the City’s capacity payments for the Power Plant. The City has to be able to provide training staff within 30 minutes. Also, there cannot be any engines down from the months of June through September. Terrill is working on reclassifying the engines to run on diesel fuel only. It is more reliable and there are not many issues when running on diesel fuel.

Ortiz reported the City is in full enforcement of the zoning codes and nuisance and weed abatements. The Police Department is personally delivering the notices. Ortiz commented on the junk cars and some owners were given extensions to remove the vehicles.

Ortiz reported the dead tree notices will be delayed due to the weather.

Ortiz reported he and Street Superintendent Shoup met with the County Commissioners regarding the tar pot and splitting the cost 50/50. He will be drafting up an interlocal agreement.

Ortiz reported on a group in the community spearheaded by Howard Atkins to start a trail in Kimball. He told them the City would be supportive of this but that they would have to spearhead it. Ortiz offered up Janicek Dam to develop on the perimeter of Janicek Dam. The County has offered millings to put on the path and the path will be about 1.3 miles. Ortiz is waiting to hear back from the state to see if they agree to this and it is hoped to be completed by the end of the summer.

Prunty reported the SRO officer is at training.

Prunty attended the C & D inspection with NDEQ and the engineers were very impressed with the condition of the Landfill.

Prunty reported he is working on getting the town cleaned up.

The next City Council meeting will be on July 7, 2015 at 7:00 p.m. There being no further business to come before the Council, Schnell moved and Shields seconded to adjourn at 7:47p.m. On roll call vote, the following votes were recorded on the electronic voting board. Aye: Schnell, Warner, Shields, and Morrison. Nay: None. Absent: None. Motion carried.

______Keith Prunty, Mayor Rosemarie D. Russell, City Clerk

City of Kimball-City Council Meeting-General Claims-June 16, 2015-Action Communications-Backup Data-99.96; Affordable Tree-Grind Stumps-150.00; Bluffs Budget Plumbing-Supplies-242.00; Baker & Taylor Books-Book Purchase-875.32; Sheryl Biesecker-Cleaning-330.00; CenTec Cast Metal Products-Markers-49.15; Center Point Large Print-Book Purchase-169.56; CenturyLink-Telephone-197.57; CenturyLink- Telephone-517.91; Charter Communications-Internet-223.00; Combined Utilities-City Utilities-2,431.69; Companion Corporation-Services-610.00;Connecting Point-Service- 83.84; Culligan-Product-59.70; Danko Emergency Equipment-Fire Product-297.31; Demco-Supplies-196.91; Dollar General Corporation-Supplies-107.35; Frenchman Valley Coop-Fuel-823.70; Frenchman Valley Coop-41.90; Frenchman Valley Coop- Fuel-656.03; Gale/Cengage Learning-Book Purchase-114.18; Galls, LLC-Supplies- 130.89; Carla Goranson-Refund-174.80; Dorothy Griffith-Refund-34.38; High West Energy-Service-3,760.00; Regan Hinton-Refund-15.52; Hometown Hardware-Supplies- 749.07; Ideal Linen Supply, Inc.-Supplies-75.61; Interstate All Battery Center-Batteries- 46.80; Intralinks, Inc.-Services-84.37; John Deere Financial-Services-125.10; Kimball County Clerk-Services-23,000.00; Kimball Auto Parts-Parts-11.49; Kimball Handyman Project-Services-1,342.50; Kimball Insurance-Premium-99.00; Kimball Plumbing- Repairs-612.25; Kimball Service Center-Services-57.70; Kimball Swimming Pool- Concessions-50.11; Linda's Monograms & Beyond-Services-64.50; Dawn Maier- Training-200.00; MicroMarketing, LLC-Book Purchase-280.62; Miller Office Supply- Supplies-336.50; Napa Auto Parts-Parts-229.99; Nebraska Smoke-Eater-Subscription- 189.00; Panhandle Coop Association-Supplies-201.85; Pepsi-Cola of Western Nebraska-Products-190.20; Presto-X-Services-83.87; Pumpkin Books–Book Purchase- 432.16; Quality Books Inc.-Book Purchase-108.95; R & R Products, Inc-Parts-223.10; Safetyline Consultants, Inc.-Training-750.00; Shock Doctor-Supplies-26.76; Shopko Stores Operating Co.-Supplies-114.25; Simmons Olsen Law Firm, P.C.-Services- 563.50; Snell Services, Inc.- Repairs-307.00; Southern Uniform & Equipment-Supplies- 114.97; Star-Herald Newspaper-Advertising-8.39; The Right Impression-Supplies-54.50; The United States Life Insurance Company-Premium-471.44; Russ Thompson- Cleaning-50.00; Autumn Uglow-Cleaning-75.00; Vince's Corner-Supplies-507.17; Visa- Firstier Bank-Charges-2,727.75; Western Trail Sports-Supplies-145.99; Wolf Automotive Center, Inc.-Service-54.00; Simmons Olsen Law Firm, P.C.-Professional Services- 2,132.50; Viaero-Cell Phone-199.39; City of Kimball-Economic Development Claims-June 16, 2015-Century Link-Telephone-60.93; Charter Communications- Internet-39.75; Connecting Point-Service-7.17; Viaero-Cell Phone-39.87.