Minutes:
Sidney, Nebraska, February 23, 2010 A Fair Housing City
A meeting of the Mayor and Council of the City of Sidney, Nebraska, was convened in open and publicsession at 7:15 P.M. on February 23, 2010 in the Council Room. Present were: Mayor Weiderspon and Council
Members: Gaston, Filsinger, Van Vleet and Hiett. Others present: City Attorney Ball and City Clerk Anthony.
Absent: City Manager Gary Person. Notice of the meeting was given in advance thereof by publication in The Sidney
Sun Telegraph, the designated method for giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the members of the City Council and a copy of their
acknowledgment of receipt of notice is attached to these minutes. Availability of the agenda was communicated in
the advance notice and in the notice to the City Council. All proceedings shown hereafter were taken while the
convened meeting was open to the attendance of the public.
Mayor Weiderspon explained that City Manager Person was absent so that he could be at the State Capitol
on 2-24-10 to testify at the legislative Hearing on LB967 re: sales tax.
Mayor Weiderspon informed the public of the location of the posted Open Meetings Act.
Gaston moved, Hiett seconded “That the minutes of the February 9, 2010 meeting be approved as printed.”
Roll call vote: Yeas: All council members present.
Comments by Public: City Attorney Jordan Ball advised the Council that question-and-answer formats should
no longer be entertained, that public comments be confined to just that - public comments, and that questions not be
responded to from this point forward whenever possible. These types of discussion have a tendency to sometimes
stray far afield of the item or items listed on the agenda. Things discussed in the public comments section are not
appropriately identified as discussion items on the agenda and any discussion of the public comment arguably violates
the Public Meetings Act since the subject i.e. “Discussion of a subject item” is not identified on the agenda. As a full
airing of issues has been had, the best procedure is to listen respectfully to the public comments without discussion
even though one may want to respond. A primary election is nearly upon us and the electorate, knowing candidate
position can weigh in at the polls. It is time to move the discussion, charges and counter charges out of the Council
Chambers to other forums so Council and staff can focus on needed projects and services.
David Fritz, President of the Sidney Jaycees, presented a proclamation for Jaycee Week for March 1-7, 2010
and Mayor Weiderspon proclaimed same.
In compliance with Section 39-2119, R.R.S. Nebraska 1943, notice has been published that the Mayor and
Council would hold a hearing at this time and place for the purpose of hearing support, criticism, suggestions, or
observations relating to the City of Sidney, Nebraska 2010 One Year & Six Year Street Improvement Plan. The
Mayor then stated that the Council was in session for such purpose and all persons would be heard. Hank Radtke,
Street Superintendent, presented the One Year & Six Year Street Improvement Plan to the Council and answered
questions regarding the Plan. The following appeared and were heard: Public Services Director John Hehnke, Mike
Roland and John Hinrichs. After all persons had been heard, Mayor Weiderspon closed the public hearing.
Filsinger moved, Van Vleet seconded “That Resolution No. 20100203 be passed and adopted.” Roll call vote:
Yeas: All council members present.
RESOLUTION NO. 20100203
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SIDNEY, NEBRASKA: That
the 2010 One Year and Six Year Street Improvement Plan has been presented to the Council of said City and that said
Council deems it in the best interest of the City to adopt said plan as presented and said Plan be and hereby is
approved and adopted.
Public Services Director John Hehnke and Electric Distribution Superintendent Rod Fries presented the bids
that had been received for a new power transformer. After explaining some the problems encountered while
evaluating the bids, staff asked the Council to reject all bids and authorize the transformer be re-bid with more detailed
specifications. Gaston moved, Hiett seconded “That the recent bids received for a transformer by rejected and that
staff be authorized to re-bid the transformer.” Roll call vote: Yeas: All council members present.
Mayor Weiderspon led a discussion re: the Code of Conduct. In particular the following section: “Council
members are expected to give early warning to the Mayor and/or the City Manager whenever substantial opposition
is anticipated to an agenda item, so that an appropriate staff and council response can be prepared. It is expected that
council members will make every effort not to surprise each other by bringing up something new at a meeting and
rather will give notice of their intention to do so as soon as practical before the meeting.” This section and the open
meetings law were discussed. Council Member Gaston said he felt this section referred to having appropriate
documentation of any items put on the agenda. The other section the Mayor wanted discussed was #8 Gifts & Favors.
He felt that the term gifts needed defined and would it apply to continuing education items. City Attorney Ball
reviewed State Statute 13.2203 Additional expenditures; governing body; powers; procedures. This section of the
law addresses travel expenses and what can be allowed - continuing educations was one of those items and the travel
expenses connected to same. The ultimate outcome was that a definition for gifts and favors needs to be addressed.
City Clerk Anthony presented a detail report on the expenditures of the trail project from 2006 thru the current
month and proposed that further claims for said project will be presented separately in the Claims category when
applicable so a separate vote can be made on this item.
Hiett moved, Filsinger seconded “That the Financial Statements for January 2010 for all city departments by
approved.” Roll call vote: Yeas: All council members present.
After a discussion the proposed sales tax legislation and it’s proposed amendment, Gaston moved, Hiett
seconded “That the City Council endorse the proposed LB967 and the proposed amendment.” Roll call vote: Yeas:
All council members present.
Public Service Director John Hehnke presented a report on the recent snow storm; ie.. The snow removal and
the delay of the electrical work at the WWTF due to the weather.
Council Member Gaston gave a detailed report of the seminars he attended this week at the League of
Nebraska Municipalities Midwinter Conference. Council Member Hiett thanked all those involved in the snow
removal.
The meeting adjourned at 8:46 P.M.
_______________________________________MAYOR
ATTEST: _______________________CITY CLERK
Library Re-Appointment
Resolution NO. 20100301
Vet Bid Sidney Comprehensive Plan (Includes the survey sent to residents this week)
LB 967 Sales Tax Refund Fund
You are very lonely, aren't you?
ReplyDeleteHardly. I am interested, as I am sure you are, in what goes on in the community. Having an opportunity to discuss issues with city officials and others gives me a sense of belonging and a sense of family. It also allows a broader picture to be presented for those who cannot make the time, but are just as interested in knowing both sides of an issue.
ReplyDeleteI am quite honored that people have taken to reading this blog and posting comments. I also appreciate your concern for my mental health, but I am doing fine and I have the support of a good number of my fellow citizens.
Thank you for writing.
Michael
The fact this person wont show themselves openly speaks volumes. I can sense the hate, resentment and outright disdain many entrenched people of this community have towards people that want facts, truth and a working system that actually does what its supposed to do. Keep reporting as you see it! It's not like any other "News" media in this town does. Oh and hey look you can actually see who I am, amazing isn't it?
ReplyDeleteIt is puzzling but people do things for a variety of reasons. Usually not putting your name on something as lame as what was posted says more about the poster than the comment.
ReplyDeleteIt's all good.