REGULAR MEETING OF THE CITY COUNCIL
January 27, 2004
A Regular Meeting of the City Council of the City of Ogallala, Nebraska, was held at City Hall Council Chambers in said City on the 27th day of January 2004, at 7:30 o’clock P.M. Present were: President of the Council: Paul Foy; Council Members: Donna Sharman, Ronald Hollmann, Tanya Gieschen and Jerry Speck. Absent: None. City Manager: Steve Krajewski; City Clerk: Jane M. Skinner.
Notice of the meeting was given in advance thereof by publishing one time in Keith County News and posting at City Hall as shown by the Certificate of Posting Notice attached to these Minutes. Notice of this meeting was simultaneously given to the President and to all members of the Council on January 23, 2004 and a copy of their Acknowledgement of Receipt of Notice and the Agenda is attached to these minutes. Availability of the agenda was communicated in the advance notice and in the Notice to the President and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.
President Foy called the attention of the Council to the Consent Agenda for the meeting which was prepared and distributed to members of the Council on January 23, 2004. President Foy noted the Consent Agenda consisted of six items and asked if any member of the Council would prefer that any item on the Consent Agenda be removed and placed on the Regular Agenda for discussion. No Council Member asked for any item to be removed. Councilman Hollmann moved to approve the Consent Agenda. Seconded by Councilwoman Gieschen. All present Council Members voted “Yes”. Absent: None. Motion declared carried and the Consent Agenda was approved as follows:
A. Claims
B. Gas Fitter Bond for Marc Fagullar.
C. Gas Fitter Bond for Duane E. Norman of North Platte, NE.
D. OVFD – Resignation of Scott Goodloe.
E. OVFD – Resignation of Ron Olson.
F. OVFD – Full membership of Stefanie Schrack.
CLAIMS PRESENTED FOR APPROVAL AND PAYMENT:
GENERAL FUND:
Pinnacle Bank-Dir Dep $25.00, ICMA Retirement Corp-Void, 125 Plan-Pretx $513.48, EFTPS-FIT $12,017.91, Hospital & Medical-Ins $12,868.00, ICMA Retirement-Pension $221.28, Manulife Financial-Pension $2,813.46, Manulife Financial-Pension $329.79, Manulife Financial-Pension $1,451.74, NE Child Support Center-Garnish $421.16, Pinnacle Bank-PP26 $42,839.32, Volunteer Software-Se $250.00, Sewer Treatment Fund-Mi $45.36, State of NE Dept of Rev-SIT $3,815.71, 125 Plan-Pretx $563.17, American Family Insurance-Aflac $472.76, EFTPS-FIT $11,204.96, Hospital & Medical-Ins $12,909.00, ICMA Retirement-Pension $221.28, Kansas City Life Insurance-Ins $438.48, Manulife Financial-Pension $2,872.92, Manulife Financial-Pension $329.79, Manulife Financial-Pension $1,456.88, NE Child Support Center-Garnish $421.16, Pinnacle Bank-PP#1 $38,936.95, Sypport LLC-CDBG #4 $14,231.00, 125 Plan-Pretx $588.17, EFTPS-FIT $12,035.00, Hospital & Medical-Ins $13,269.00, ICMA Retirement-Pension $221.28, Manulife Financial-Pension $2,883.42, Manulife Financial-Pension $556.77, Manulife Financial-Pension $1,464.72, NE Child Support Center-Garnish $421.16, Pinnacle Bank-PP#2 $42,933.89, Alamar-Uni $743.11, Alco-Su $151.65, Alltel-Se $639.85, Animal Clinic-Se $39.60, A One Supply-Se $444.31, Arnold Pool Co-Su $109.50, Badger Body & Truck Equip-Re $119.66, Baltzell Vet Clinic-Se $100.00, B & D Office Supply-Su $112.98, Bound Tree Medical-Su $5,333.97, Bowe’s Portable Welding-Re $262.50, Mike Bruckner-Sal $842.32, Cash Wa Distributing-Su $101.20, caterpillar Financial Ser-Pay #33 $1,630.37, Charter Communications-se $54.95, True Value Homecenter-Su $84.53, CL Coffman-Se $6.00, Comm Internet Systems-Se $48.00, Corbin Willits Systems-Se $65.00, Cornhusker Glass-Frt & Re $310.51, Correll Refrigeration-Su $1,993.00, Cox Chevrolet & Buick-Re $2,576.84, Culligan-Su $2;8.85, Eichner Sales & Service-Su $172.69, EMS Billing Services-Se $1,208.77, Envirotech Services-Se $5,967.06, Farmers Coop Assoc-Fuel $2,513.60, Farm Plan-Su $127.36, Fedex-Shp $20.54, Penney Feltz-Su $42,88, Ionix Telecommunications-Se $151.28, Firehouse Magazine Circul-Sub $30.00, Fire Apparatus-Sub $21.00, Frates Fire Extinguisher-Se $39.50, FyrTek-Su $1,346.79, Gall’s Su $106.94, High Plains Printing-Su $135.00, Hinton’s Lock & Alarm-Se $603.73, Humphrey’s Auto Supply-Se $246.10, ICMA Retirement-Annual fee $125.00, Ideal Linen-Su $275.90, Ingram-Bks $260.86, Waste Connections-Se $450.25, Kansas City Life-Ins $435.27, Keith County Clerk-Se $11.00, KC Hospital Authority-Sa Tx Rev $28,023.70, Keith County News-Pub $598.19, Keith County Treasurer-EOC Chgs $11,466.80, Kenfield Electric-Se $513.71, Kildare Lumber-Su $381.84, KN Energy-Se $6,087.62, Charlotte Kumor-Post $35.48, League of NE Municipalities-Mtg Exp $324.00, Linweld-Su $97.50, Lions Club-Du $80.00, Marshall Cavendish Corp-Bks $166.60, Mass Air & Mechanical-Se $173.00, McQuillan & Steenburg-Se $397.50, MC Schaff & Assoc-Se $1,650.00, Nebraska Machinery-Su $243.55, NE Dept of Aeronautics-Se $2,030.00, Newman Signs-Se $224.70, Office Service-Su $430.15, Oga Chamber of Commerce-Mtg Exp $35.00, Ogallala Feed & Seed-Su $47.80, Ogallala medical Group-Se $63.00, Ogallala Water Dept-Se $423.62, Oga Volun Fire Dept-Mtg Exp & Sub $1,443.00, Ogallala Backhoe Service-Se $60.00, Ogallala Health Fair-Se $25.00, Olsson Associates-Se $3,576.71, Oshkosh Cleaners-Se $199.65, packing Suppliers-Se $164.92, Pamida Inc-Su $123.67, Paul’s Repair-Su $2.08, Rex Peterson-Se $180.80, Pioneer Aviation-Contract $2,000.00, Pitney Bowes Credit Corp-Post Mtr $50.00, Platte Valley Agency Inc-Ins $862.00, Kenny Pohlman-Boots $50.00, Powerplan-Su $163.02, Prairie States Comm-Su $55.00, Pro Mart-Se 46.00, Psychological Resources-Se $180.00, Quality Books-Bks $205.79, Qwest-Se $1,601.34, Redkatz-Se $446.25, Regional Books-Bks $127.45, Sapp Brother Petroleum-Kerosene $104.40, Servicemaster Cleaning-Se $837.86, Shonsey, Almquist, Kucera-Admin fees $9,009.54, Sunmart #270-Su $16.47, Sony Service Center-Re $171.00, Southwest Mutual Aid-Du $50.00, Staples Credit Plan-Su $809.60, Virginia Steinke-Meals $39.56, Telsa Electric-Se $372.90, Toshiba America Info Sys-Lease $344.67, University of NE Lincoln-Su $40.00, Upbeat Inc-Su $1,143.22, Upstart-Su $13.65 US Postal Service-Post $202.41, Varnum, Riddering, Schmidt-Franchise $350.00, Video Kingdom-Su $135.85, VISA-Gas & Su $342.09, VISA-Gas & Meals $67.57, Waldenbooks-Bks $19.39, Western Path Consultants-Se $61.00, Win Designs-Su $30.00, Xerox Corporation-Se $101.30.
125 PLAN:
Regional Care-Claims $1,007.50, Regional Care-Claims $601.68, Regional Care-Claims $94.07, Regional Care-Claims $609.32, Regional Care-Claims $80.96.
WATER FUND:
Fremont National Bank-Bds $179,522.50, Adams Bank-Auto Pay Fee $25.00, General Fund-PP #25 & 26 $15,967.77, U S Postal Service-Post $463.97, General Fund-PP #1 & 2 $15,227.05, Alco-Su $23.47, Alltel-Se $94.10, A One Supply-Su $30.20, Blackburn Manufacturing-Su $319.45, True Value Homecenter-Se $18.92, C L Coffman-Se $3.00, Comm Internet Systems Inc-Se $12.00, Cornhusker Glass-Shp Chg $42.00, Cresent Electric Supply-Su $124.15, Farmers Coop Association-Fuel $212.42, General Fund-Se $5,500.00, Golden Plains Area Exten-Mtg Exp$15.00, Great Plains One Call-Se $14.66, Hach Company-Su $81.20, High Plains Printing-Su $33.75, Ideal Linen Supply-Su $96.24, Jacobson Helgoth Inc-Se $7,036.21, Keith County News-Pub $31.95, Kildare Lumber-Su $34.96, KN Energy-Se $137.26, Midwest Electric-Se $1,831.56, Municipal Supply-Su $105.71, NPPD-Se $1,320.72, NE Department of Rev-Tx Remit $4,367.63, Northwest Pipe Fittings-Su $982.83, Office Service Inc-Su $5.42, Ogallala Ready Mix-Su $299.99, Pitney Bowes Credit Corp-Mtr Rent $50.00, Qwest-Se $112.41, Shonsey, Almquist, Kucera-Se $447.62, St of Neb Dept Health Lab-Se $158.00, U S Postal Service-Se $150.00, Video Kingdom-Su $16.00, Brett Cipperley-Refund $31.19, April Flores-Refund $26.67, Rommie Harper-Refund $27.80, Trinity Kramer-Refund $4.47, Douglas Patterson-Refund $22.20.
SEWER FUND:
Adams Bank-Auto Pay Fee $25.00, General Fund-PP #25 & 26 $11,353.29, General Fund-PP # 1&2 $9,727.37, Alltel-Se $42.27, Anderson Sign Service-Se $65.00, True Value Homecenter-Su $46.69, Comm Internet Systems-Se $12.00, Farmers Coop Association-Fuel $35.67, Ionix Telecommunications-Se $46.57, General Fund-Admin Exp $4,375.00, Humphreys Auto Supply-Su $18.29, Ideal Linen Supply-Su $37.49, Waste Connections-Se $54.75, Keith County Treasurer-Tx $601.96, KN Energy-Se $5,230.11, Midwest Laboratories-Se $560.00, NPPD-Se $2,447.27, Ogallala Water Dept-Se $39.90, Ogallala Backhoe Service-Se $2,213.40, Power Service-Equip $2,233.00, Qwest-Se $70.16, Sapp Brothers Petroleum-Oil $260.00, Shonsey, Almquist, Kucera-Se $447.62, Utilities Section-Mtg Exp $50.00.
CDBG/AMERICAN SHIZUKI:
Redi Acct-Trans $3,869.00.
HOSPITAL & MEDICAL:
Regional Care-Claims $3,303.82, Regional Care-Claims $122.00, Regional Care-Claims $9,766.04, Regional Care-Claims $3,493.13, Regional Care-Claims $9,730.23, Regional Care-Claims $3,493.13, Regional Care-Reinsur $9,730.23, Regional Care-Claims $5,160.16, Mike Mell-Refund $216.00, Shonsey, Almquist, Kucera-Se $447.60.
President Foy opened a Public Hearing on an amendment to the City Zoning Code to allow livestock sale barns, kennels and veterinary uses as a special uses within Industrial Zones and also ancillary residential as permitted uses at 7:32 P.M. Planning & Zoning Administrator Knoepfel presented information regarding the amendment.
Councilwoman Gieschen moved to approve the minutes of the regular meeting held January 13, 2004. Seconded by Councilman Speck. The following Council Members voted “Yes”: Paul Foy, Ronald Hollmann, Jerry Speck and Tanya Gieschen. The following Council Members voted “No”. None. Absent: None. Abstaining: Donna Sharman. Motion declared carried.
George Acker came before the Council with an update on the Arterburn Youth Center project.
President Foy closed the Public Hearing at 7:50 P.M.
Councilwoman Gieschen introduced Ordinance 1189, entitled:
AN ORDINANCE AMENDING §153.196 AND §153.197 OF THE MUNICIPAL CODE OF OGALLALA.
Councilwoman Gieschen moved that the Statutory Rule requiring the reading on three different days be suspended. Councilwoman Sharman seconded the Motion. Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Donna Sharman, Ronald Hollmann, and Tanya Gieschen. The following Council Members voted “No”: None. Absent: None. Abstain: Jerry Speck. Motion declared carried and the Statutory Rule was declared suspended for the consideration of this Ordinance.
Ordinance No. 1189 was read by title and, thereafter, Councilman Hollmann moved for the final passage of the Ordinance. Seconded by Councilwoman Gieschen. The President then stated the question: “Shall Ordinance No. 1189 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Donna Sharman, Ronald Hollmann, and Tanya Gieschen. The following Council Members voted “No”: None. Absent: None. Abstain: Paul Foy and Jerry Speck . The passage and adoption of said Ordinance having been concurred in by a majority of all members of the Council, the President declared the Ordinance adopted and the President, in the presence of the council, signed and approved the Ordinance and the Clerk attested to the passage and approval of the same and affixed his signature thereto, a copy of said Ordinance No. 1189 being attached hereto and, by this express reference, incorporated herein and made a part hereof.
Councilwoman Sharman introduced a Resolution establishing Rules and Regulations for the Cemetery. President Foy read the Resolution and Councilwoman Gieschen moved that this Resolution be adopted. Seconded by Councilman Hollmann. Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Donna Sharman, Ronald Hollmann, Tanya Gieschen and Jerry Speck. The following Council Members voted “No”: None. Absent: None. Motion declared unanimously carried and Resolution No. 1118 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereto.
Public Works Director Krajewski presented information regarding the Tennis Court resurfacing. Pam Abbott also appeared in this regard. No action was taken.
City Manager Krajewski presented three names of persons willing to serve on the Tree Board to fill a vacancy due to a resignation.
Councilwoman Sharman moved to approve the appointment of Darla Brestel to the Tree Board, term to expire December 31, 2004. Seconded by Councilman Hollmann. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Councilwoman Sharman moved to approve the Fire Department pickup specifications and to publish the bid notice February 2, 9 & 16, 2004, with bid opening February 18, 2004. Seconded by Councilwoman Gieschen. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Councilwoman Gieschen introduced Ordinance No. 1190, entitled:
AN ORDINANCE OF THE CITY OF OGALLALA, NEBRASKA REVISING SECTIONS 31.004, 36.002, 36.003, 36.013, 52.012, 70.048, 70.041, 93.001, 93.030, 130.016 AND 130.018 OF THE MUNICIPAL CODE OF THE CITY.
Councilwoman Gieschen moved that the Statutory Rule requiring the reading on three different days be suspended. Councilwoman Sharman seconded the Motion. Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Donna Sharman, Ronald Hollmann, and Tanya Gieschen. The following Council Members voted “No”: None. Absent: None. Motion declared carried and the Statutory Rule was declared suspended for the consideration of this Ordinance.
Ordinance No. 1190 was read by title and, thereafter, Councilwoman Sharman moved for the final passage of the Ordinance. Seconded by Councilman Hollmann. The President then stated the question: “Shall Ordinance No. 1190 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Donna Sharman, Ronald Hollmann, and Tanya Gieschen. The following Council Members voted “No”: None. Absent: None. The passage and adoption of said Ordinance having been concurred in by a majority of all members of the Council, the President declared the Ordinance adopted and the President, in the presence of the council, signed and approved the Ordinance and the Clerk attested to the passage and approval of the same and affixed his signature thereto, a copy of said Ordinance No. 1190 being attached hereto and, by this express reference, incorporated herein and made a part hereof.
Councilwoman Gieschen introduced Ordinance No. 1191, entitled:
AN ORDINANCE OF THE CITY OF OGALLALA, NEBRASKA DELETING SECTIONS 93.010 THROUGH 93.020, INCLUSIVE FROM THE MUNICIPAL CODE OF THE CITY.
Councilwoman Gieschen moved that the Statutory Rule requiring the reading on three different days be suspended. Councilwoman Sharman seconded the Motion. Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Donna Sharman, Ronald Hollmann, and Tanya Gieschen. The following Council Members voted “No”: None. Absent: None. Motion declared carried and the Statutory Rule was declared suspended for the consideration of this Ordinance.
Ordinance No. 1191 was read by title and, thereafter, Councilman Hollmann moved for the final passage of the Ordinance. Seconded by Councilwoman Sharman. The President then stated the question: “Shall Ordinance No. 1191 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Donna Sharman, Ronald Hollmann, and Tanya Gieschen. The following Council Members voted “No”: None. Absent: None. The passage and adoption of said Ordinance having been concurred in by a majority of all members of the Council, the President declared the Ordinance adopted and the President, in the presence of the council, signed and approved the Ordinance and the Clerk attested to the passage and approval of the same and affixed his signature thereto, a copy of said Ordinance No. 1191 being attached hereto and, by this express reference, incorporated herein and made a part hereof.
City Manager Krajewski informed the Council that he appointed Michael J. McQuillan as City Attorney for the City of Ogallala.
A Council strategic planning retreat will be held Feburary 17, 2004.
Councilwoman Sharman moved to go into Closed Session to discuss land acquisition. Seconded by Councilman Speck. The following Council Members voted “Yes”: Paul Foy, Donna Sharman, Ronald Hollmann and Jerry Speck. The following Council Members voted “No”: Tanya Gieschen. Absent: None. Motion declared carried and Council retired into Closed Session at 8:40 P.M.
Tanya Gieschen moved to reconvene in Open Session. Seconded by Councilman Hollmann. All present Council Members voted “Yes”. Absent: None. Motion declared carried and Council reconvened in Open Session at 8:57 P.M.
There being no further business to come before the meeting, Councilwoman Gieschen moved to adjourn. Seconded by Councilman Hollmann. All present Council Member voted “Yes”: Absent: None. Motion declared carried and the meeting adjourned at 8:59 P.M.
______________________________
Jane M. Skinner
City Clerk
Approved:
________________________________________
Paul Foy
Council President
STATE OF NEBRASKA )
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COUNTY OF KEITH ) SS.
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CITY OF OGALLALA )
I, the undersigned, City Clerk for the City of Ogallala, Nebraska, hereby certify that all of the subjects included in the attached proceedings were contained in the Agenda for the meeting of January 27, 2004 kept continuously current and available for public inspection at the office of the City Clerk; that such subjects were contained in said Agenda for at least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the Minutes of the President and Council of the City of Ogallala, Nebraska, were in written form 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 concerning meeting of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting.
_______________________________
Jane M. Skinner
City Clerk
(S E A L)