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Council Minutes - March 26, 2019

COUNCIL PROCEEDINGS

CITY OF GRANT, NEBRASKA

March 26, 2019

 

                Mayor Lisa Schmitt convened a meeting of the Council of the City of Grant, Nebraska in open and public session on March 26, 2019 at 7:00 p.m.  Notice of this meeting was given in advance by publication in the Grant Tribune Sentinel, the City’s designated method for giving notice, March 20, 2019, and members of the City Council and a copy of their Acknowledgment of Receipt and the Agenda are attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting.  All proceedings hereafter shown were recorded while said meeting was open to the attendance of the public.

Mayor Lisa Schmitt announced the posting of the Open Meetings Act and its location.

Roll call:  Present Council members:  Bishop, Brueggeman, Dunn, Greenwood and Mayor Schmitt.

Others present:  City Clerk/Treasurer Jessie Faber, City Attorney, Tawna Holmstedt, et al.

The motion was made by Brueggeman and seconded by Dunn to approve the agenda as presented.

Roll call vote:  Yeas – Bishop, Brueggeman & Dunn. Nays – Greenwood.  Motion carried.

A motion was made by Dunn to approve the minutes of the March 12, 2019 meeting and waive the reading and seconded by Brueggeman.

Roll call vote:  Yeas – Brueggeman, Dunn & Greenwood. Nays – none.  Abstain – Bishop.

Motion carried.

 

COMMUNICATIONS:  City Clerk/Treasurer, Jessie Faber informed the Council of upcoming board meetings,

the board of health will meet on Thursday at 7:00 pm and the CRA board will meet on April 8th at noon.

 

STANDING COMMITTEE REPORTS: 

Council member, Dunn – none. Council member, Bishop – none. Council member, Brueggeman – gave an update on the Library Board meeting and Tree Board meeting. Council member, Greenwood – none.

 

SHERIFF REPORTS – Acknowledged as received.

 

FINANCIALS – Acknowledged as received.

 

UNFINISHED BUSINESS:

Action on Ordinance 18-11-01 Passage and Approval of Recodified Municipal Code Books – City Clerk, Jessie Faber notified the Council of a change to Section 2-305 by removing one word “publication” and also stated Section 1-308 Order of Business has been updated with the Public Comment moved to before Unfinished Business.  City Clerk, Jessie Faber read the third reading of Ordinance 18-11-01 “AN ORDINANCE OF THE CITY OF GRANT, NEBRASKA, RECODIFYING THE GENERAL ORDINANCES OF THE CITY; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.”

A motion was made by Dunn to approve Ordinance No. 18-11-01 Passage and Approval of Recodified Municipal Code Books and seconded by Brueggeman.

Roll call vote:  Yeas – Bishop, Brueggeman & Dunn. Nays – Greenwood.  Motion carried.

The Ordinance will be published in pamphlet form.

 

Action on Resolution 19-03-01 Directing the City Clerk to Cause the New Code to be Published in Book Form – A motion was made by Dunn to approve Resolution No. 19-03-01 Directing the City Clerk to Cause the New Code to be Published in Book Form and seconded by Bishop.

Roll call vote:  Yeas – Bishop, Brueggeman & Dunn. Nays – Greenwood.  Motion carried.

The Resolution will be published in pamphlet form.

 

Action on Standard Agreement for Professional Services with Miller & Associates Consulting Engineers, P.C. for a Project Described as Municipal Swimming Pool Facility – A motion was made by Bishop to further vet Miller & Associates Consulting Engineer, P.C. before taking action on the standard agreement for professional services and seconded by Brueggeman.

Roll call vote:  Yeas – Bishop, Brueggeman & Dunn. Nays – Greenwood.  Motion carried.

 

NEW BUSINESS:

Discussion & Action on Options for Requests for Possible Pool Project Proposals – A motion was made by Dunn to reopen the bid proposal process on the pool project and allow proposal options for a design build project with engineer proposals for observing the project and /or a custom built engineer plan design with observation of the project.

Roll call vote:  Yeas – Bishop, Brueggeman & Dunn. Nays – Greenwood.  Motion carried.

 

Action on Special Designated Liquor License – Perkins County Animal Shelter – Fundraiser – A motion was made by Brueggeman to approve the special designated liquor license for Perkins County Animal Shelter for a fundraiser on April 13, 2019 from 5:00 pm to 11:00 pm at the Perkins County Fairgrounds and to authorize Jessie Faber, City Clerk/Treasurer to sign the approval form and seconded by Greenwood.

Roll call vote:  Yeas – all present. Nays – none.  Motion carried.

 

Action on Special Designated Liquor License – Middle of Nowhere Bar & Grill – Wedding – A motion was made by Dunn to approve the special designated liquor license for Middle of Nowhere Bar & Grill for a wedding reception, with the correction to the application of changing the end time from 1:00 pm to 1:00 am, on May 4, 2019 from 4:30 pm to May 5, 2019 at 1:00 am at the Perkins County Fairgrounds and to authorize Jessie Faber, City Clerk/Treasurer to sign the approval form and seconded by Bishop.

Roll call vote:  Yeas – all present. Nays – none.  Motion carried.

 

Action on Arbor Day Proclamation – A motion was made by Brueggeman to approve the Arbor Day Proclamation and authorize the Mayor to sign and seconded by Dunn.

Roll call vote:  Yeas – all present. Nays – none.  Motion carried.

 

Discussion & Action on Sale of the Surplus Garbage Truck –A motion was made by Bishop to list the surplus garbage truck for sale with attachments and bids need to be received on or before  April 19, 2019 and Council will review the offers at the April 23, 2019 meeting and seconded by Brueggeman.

Roll call vote:  Yeas – all present. Nays – none.  Motion carried.

 

Discussion & Action on City Superintendent Position – A motion was made by Brueggeman to go into executive session due to the reputation of the individuals applying for the position and to include the following Council Members: Andrea Brueggeman, Matt Greenwood and Kimberly Bishop, and the following individuals:  Mayor, City Attorney and City Clerk/Treasurer and seconded by Bishop.  Council Member, Edward Dunn was excused from participating in the executive session and exited the meeting room.

Roll call vote:  Yeas – Bishop, Brueggeman & Greenwood. Nays – none.  Abstain – Dunn.

Motion carried.

Entered Executive Session at 8:14 pm.

Exited Executive Session at 9:16 pm.

A motion was made by Brueggeman to come out of executive session and seconded by Bishop.

Roll call vote:  Yeas – Bishop, Brueggeman & Greenwood. Nays – none.  Motion carried.

Council Member, Edward Dunn re-entered the meeting room at 9:16 p.m. 

A motion was made by Brueggeman to allow the Mayor to phone interview Jeff Pederson & interview Edward Dunn in person with one of the Council Members attending each interview and the Mayor will make a recommendation to the Council at the April 9, 2019 meeting and seconded by Bishop.

Roll call vote:  Yeas – Bishop, Brueggeman & Greenwood. Nays – none.  Abstain – Dunn.

Motion carried.

Attorney, Tawna Holmstedt explained the City of Grant conflict of interest of a council member applying for the City Superintendent Position.  In City code a conflict of interest arises when an officer of the city received benefit from a contract in which the city is a party.  The existence of such an interest in any contract renders the contract voidable.  Council Member Dunn can remain on the City Council unless a contract has been entered into by the City with Mr. Dunn.  At that point, if Mr. Dunn is going to accept a proposed contract, he would need to resign as a council member.  He also should abstain from a vote pertaining to him for the position of City Superintendent during the meeting, unless one of the provisions as set forth in Section 1-106(D) of the City of Grant’s Revised Municipal Code is applicable.  

Public Comment – None.

 

Action on Bills and Claims –  AFLAC, employee benefits – 195.06; Beckler, Gary, dues & training – 219.47; Bishop, Kimberly, dues & training – 10.81; Black Hills Energy, utilities – 849.36; Bullock, Brett, refund – 150.00; Comfort Inn, dues & training – 199.90; Engel, Robert, dues & training – 94.89; Faber, Jessie, dues & training – 191.40; J.P. Cooke Company, supplies – 70.61; Law Office of R. Kevin O’Donnell, P.C., L.L.O., professional services – 8,875.00; MEAN, transmission charge –121,298.24; Metering & Technology Solutions, supplies – 1,901.99; Midwest Electric, utilities – 417.62; Municipal Supply, Inc. of NE, supplies – 536.00; Nebraska Public Health Environmental, lab & well tests – 62.00; Nebraska Statewide Arboretum, dues – 100.00; Perkins County Abstract, dues – 108.00; Pinnacle Bank/Visa, supplies & postage – 168.12; Principal Life Insurance Company, employee benefits – 92.20; Sandhills State Bank, employee benefits – 375.00; Tremain, Kurt, dues & training – 250.00; Unitech, supplies – 178.00; American Funds, retirement – 632.12; Nebraska Department of Revenue, sales tax – 11,319.07; United States Treasury, federal tax withholding – 2,339.42; Overtime Wages 3/1-3/15 – 1,034.25. Total Bills and Claims $151,668.53.

 

The motion was made by Brueggeman and seconded by Dunn to approve the Bills and Claims in the amount of $151,668.53.

Roll call vote:  Yeas – Brueggeman, Dunn & Greenwood. Nays – none.  Abstain – Bishop.

Motion carried.

 

Bishop, Brueggeman, Dunn & Greenwood reviewed the bills and claims prior to the meeting.

 

Mayor Lisa Schmitt adjourned this meeting of the Grant City Council at 9:25 P.M.

 

 

                                                                                             ______________________________________

                                                                                             Lisa Schmitt, Mayor

 

 

_______________________________

Jessie Faber, City Clerk