REGULAR MEETING OF THE CITY COUNCIL
March 23, 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 23rd day of March 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; City Attorney: Michael McQuillan.
Notice of the meeting was given in advance thereof by publishing one time in the Keith County News posting at the City Hall Administration Building places as shown by the Certificate of Publication and Posting Notice attached to these Minutes. Notice of this meeting was simultaneously given to the President and to all members of the Council on March 19, 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 March 19, 2004. President Foy noted the Consent Agenda consisted of two 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. Councilwoman Gieschen asked that the claim payable to the Ogallala Softball Association be removed to be considered on the regular agenda. Councilwoman Gieschen moved to approve the Consent Agenda with the exclusion of the claim to the Softball Association. Seconded by Councilwoman Sharman. All present Council Members voted “Yes”. Absent: None. Motion declared carried and the Consent Agenda was approved as follows:
A. Manager application for Angelo Velasco as submitted by corporation Elks #1760 dba Elks #1760 in connection with their Class C #33592 liquor license located at 519 East 1 Street, Level 2.
CLAIMS PRESENTED FOR APPROVAL AND PAYMENT:
Pinnacle Bank-Dir Dep $25.00, Ogallala Main Street-Void, St of NE Bd of Examiners-Void, University of Nebraska-Mtg Exp $150.00, NE Child Support Center-Void, State of Neb Dept of Rev-SIT $3,024.94, 125 Plan-Pretx $588.17, American Family Insurance-Ins $472.76, EFTPS-FIT $11,538.78, Hospital & Medical-Ins $12,549.00, ICMA Retirement-Pension $221.28, Kansas City Life Ins Co-Ins $459.69, Manulife Financial-Pension $2,826.96, Manulife Financial-Penison $556.77, Manulife Financial-Pension $1,578.84, NE Child Support Center-Sup $504.70, Pinnacle Bank-PP #5 $41,662.70, 125 Plan-Pretx $588.17, EFTPS-FIT $12,300.60, Hospital & Medical-Ins $12,549.00, ICMA-Pension $221.28, Manulife Financial-Pension $2,818.18, Manulife Financial-Pension $556.77, Manulife Financial-Pension $1,582.34, NE Child Support Center-Supp $504.70, Pinnacle Bank-PP #6 $45,135.30, Alco-Su $52.91, Alltel-Se $713.68, American Library Pre-Bks $689.08, Lucille Andrews-Mi $33.88, A One Supply-Su $499.23, Rita Apolius-Mi $43.68, Arnold Pool-Su $145.70, Baltzell Vet Clinic-Se $60.00, Banner Home Medical Equip-Su $190.00, Bernice Bauer-Mi $26.88, Joe Bauer-Mi $30.24, Jean Bauman-Mi $50.40, B & D Office-Su $519.90, Kenneth Blue-Mi $33.60, Bound Tree Medical-Su $249.37, Thomas Bowman-Mi $21.28, Regina Bradley-Mi $11.76, Marion Brott-Mi $33.60, Norma Brott-Mi $16.80, John Brott-Mi $16.80, Mike Bruckner-Sal $842.32, Cash Wa Distributing-Su $78.00, Caterpillar Financial Ser-Pay #35 $1,603.37, Charter Communications-Se $54.95, True Value Homecenter-Su $37.66, C. L. Coffman-Su $114.50, Dorothy Cogburn-Mi $30.24, Comm Internet Systems-Se $48.00, Corbin Willits Systems-Se $260.00, Cornhusker Glass Inc-Se $158.06, The Cornhusker-Mtg Exp $182.00, Correll Refrigeration-Re $1,903.60, Cox Chevrolet & Buick-Su $616.31, Direct Safety Company-Su $185.60, Ebsco Subscription Agcy-Sub $5.49, EDM Equipment-Su $352.39, Eichner Sales & Service-Mower & Se $15,718.48, Mary Eichner-Mi $7.84, Electric Fixture & Supply-Su $15.00, EMS Billing Services-Se $2,489.77, Envirotech Services Inc-Se $5,734.57, Dorothy Ervin-Mi $11.48, Joanne Ervin-Mi $50.40, Ogallala Plumbing-Se $60.00, Farmers Coop Association-Fuel & Oil $3,279.50, Farm Plan-Su $196.68, FBINAA-Du $55.00, Ilo Fegler-Mi $14.56, Ionix Telecommunications-Se $151.28, Dale Forsstrom-Mi $8.40, Fraser Welding LLC-Equip $885.00, Ardith Frerichs-Mi $8.40, Fern Fricke-Mi $17.36, Gall’s Inc-Su $95.98, Galeton Gloves-Su $66.90, Frances Gallington-Mi $41.72, Gaylord Bros-Su $162.78, Betsy Hasty-Mi $10.08, Hastings Irrigation Pipe-Su $37.04, HHS Regulation & Licensure-Permit $6.00, High Plains Printing-Su $97.00, Howard Johnson Riverside-Mtg Exp $349.65, Mary Hulslander-Mi $33.60, Humphreys Auto Supply-Su $127.80, Ideal Linen Supply-Su $143.11, Ingram-Bks $268.17, Int Assn Plumb & Mech Off-Du $150.00, Waste Connections Inc-Se $403.75, Kansas City Life Ins-Ins $282.99, Dale Kayser-Mi $16.80, Keith Co Area Development-Contract $1,750.00, K C Hospital Authority-Sa Tx Rev $31,311.02, Keith County News-Pub $693.10, Keith Co Senior Center-Se $20.00, Keith County Treasurer-EOC Chgs $10,140.00, Harvey Kenfield-Mi $23.80, Howard Kenfield-Mi $50.40, Kildare Lumber-Su $501.49, KN Energy Inc-Se $7,561.94, Vera Kracke-Mi $16.80, Charlotte Kumor-Post $31.59, Lawson Products-Su $286.74, Beth Lawler-Mi $49.56, League of NE Municipal-Su $45.00, Margaret Lezotte-Mi $9.52, Linweld-Su $69.50, L & W Trophies-Su $11.90, Maxwells Off Road Center-Equip $1,286.51, McQuillan & McQuillan PC-Se $975.00, Gertrude McVay-Mi $14.28, Michael Todd & Co Inc-Su $541.19, Midwest Turf & Irr-Su $1,285.85, Mid Plains Community Coll-Sch $1,413.00, Kathy Most-Mi $20.44, Ardis Mueller-Mi $16.80, Napa Auto Parts of Grant-Su $64.36, National Geographic Soc-Bk $16.90, Nebraska Association of-Du $200.00, Nebraska Dept of Roads-Se $503.13, Nebraska Truck Center Inc-Re $121.49, NE Concrete Paving Assoc-Se $330.00, NE Dept of Aeronautics-Se $2,780.00, Marjorie Neill-Mi $36.40, Ray Nelson-Mi $50.40, Donna Nelson-Mi $16.80, NE Public Power District-Se $11,384.77, NE Department of Revenue-Sa Tx Remit $1,615.48, NE Supreme Crt Pub Office-Se $56.75, Newman Signs-Su $396.00, Nibs’ Carpet & Upholstery-Se $200.00, Office Service Inc-Su $704.10, Oga Chamber of Commerce-Se $25.40, Ogallala Feed & Seed Inc-Su $68.80, Ogallala Medical Group-Se $42.00, Ogallala Water Dept-Se $524.92, OVFD-Su $3,385.84, Ogallala Backhoe Service-Se $60.00, Omaha World Herald-Pub $217.79, Oshkosh Cleaners-Se $187.20, Packard Power & Repair-Su $46.00, Burton Pace-Mi $33.60, Janet Pace-Mi $28.00, Fay Pahl-Mi $17.64, Pamida Inc-Bks $36.97, Pete Peters-Mi $50.40, Pin Center-Su $1,134.00, Pioneer Aviation LLC-Contract $2,040.00, Platte Valley Agency-Bd $60.00, Power Plan-Mtr $66.70, Prairie States Com Inc-Su $2,312.25, Pro Mart-Se $12.00, Quartermaster-Su $267.47, Quick Electric-Se $71.40, Jerry Quick-Mi $33.60, Norma Quick-Mi $33.60, Qwest-Se $1,573.98, Holiday Inn-Mtg Exp $177.00, R & C Sprinklers-Su $1,643.21, R & D Welding & Supply-Su $6.56, Reams Sprinkler Supply-Se $990.00, Regional Books, Inc.-Bks $16.51, Leland Reimann-Mi $17.36, Betty Jo Riggs-Mi $48.72, Richard Roeser-Mi $40.04, Lois Rose-Mi $47.04, Shirley Ruser-Mi $5.60, Emil Schuessler-Mi $12.04, Milly Schwasinger-Mi $6.16, Scholastic Lib Publishing-Bks $134.58, Scholastic Distribution-Bks $67.70, Sec of State, Notary Div-Notary $60.00, Servicemaster Cleaning-Se $837.86, Sidney Roofing-Re $120.00, Joan Spurgin-Mi & Su $123.86, St of Neb Dept Lbr Sfty-Se $30.00, Standard & Associates-Tests $35.00, St Fire Marshal Train Div-Se $105.00, Virginia Steinke-Mi & Su $70.42, Super 8 Motel-Se $76.00, Ferne Sutton-Mi $45.36, Telegraph-Ad $106.83, Tina Thompson-Mi $6.16, Lonnie Tickle-Mtg Exp $30.00, Time Books-Sub $34.90, Toshiba America Info Sys-Lease $344.67, Town & Country Srv-Re $463.80,Univerity of Neb Lincl-Mtg Exp $225.00, U S Postal Service-Post $79.78, Valley Tire & Service-Se $20.00, Video Kingdom-Se $19.95, Visa-Meals & Su $1,330.99, Visa-Meals & Fuel $56.70, Waldenbooks-Bks $26.00, Western Path Consultants-Se $35.00, Margaret Westerbuhr-Mi $50.40, Western Star of Colorado-Equip $92.00, Wheatland Fire Equipment-Su $155.65, Helen Willey-Mi $9.52, Helen Williams-Mi $33.60, Delma Wilson-Mi $50.40, Win Designs-Su $34.85, Windy Acre Electric-Se $150.00, A.E. Wolfe-Mi $6.72, Irene Wolfe-Mi $6.72, Xerox Corporation-Maint $15.14, Yant Testing Supply Equip-Re $420.96.
Regional Care Inc-Claims $65.00, Regional Care Inc-Claims $675.83, Regional Care Inc-Claims $546.59.
Adams Bank & Trust-Auto Pay $25.00, U S Postal Service-Post $453.69, Alltel-Se $102.56, A One Supply-Su $115.09, Com Internet Systems-Se $12.00, Farmers Coop Association-Fuel $268.68, General Fund- Admin Exp $5,500.00, Great Plains One Call-Se $8.83, Ideal Linen Supply-Su $22.68, Invensys Metering Systems-Se $1,000.00, Jacobson Helgoth-Se $2,314.62, Kenfield Electric-Se $4.92, Kildare Lumber-Su $3.19, KN Energy-Se $161.64, Midwest Electric-Se $1,709.18, Municipal Supply-Equip $776.56, NPPD-Se $1,215.15, NE Dept of Rev-Tx Remit $4,552.89, Ogallala Ready Mix-Su $44.78, Pierce Law Office-Se $90.00, Pitney Bowes Inc-Post $9.50, Qwest-Se $110.04, Shonsey, Almquist, Kucera-Se $290.00, Sunmart #270-Su $1.98, St of NE Dept Health Lab-Se $474.00, USA Blue Book-Su $112.96, Cobb Realty-Refund $50.00, Crossroads-Refund $5.60, Hoke’s Book Store-Refund $38.90, Ogallala Choppers-Refund $22.95, Prophet Systems-Refund $22.20.
Adams Bank & Trust-Auto pay $25.00, Alltel-Se $38.39, Comm Internet Systems Inc-Se $19.95, Erthum’s Sheet Metal-Su $30.00, Farmers Coop Association-Fuel $59.68, Ionix Telecommunications-Se $46.57, General Fund-Admin Exp $4,375.00, Humphreys Auto Supply-Su $33.29, Ideal Linen Supply-Se $35.96, Waste Connections Inc-Se $54.75, K N Energy-Se $5,210.80, NPPD-Se $2,864.47, Ogallala Water Dept-Se $70.35, Ogallala Backhoe Service-Se $2,080.80, Pierce Law Office-Se $90.00, Pitney Bowes Credit Corp-Post $50.00, Quick Electric-Re $59.64, Qwest-Se $67.96, Shonsey, Almquist, Kucera-Se $290.00, Town & Country Ser-Re $12.00.
PARKS/YOUTH COMMITTEE FUND:
Alco-Su $17.97, Ogallala Water Dept-Su $9.60, Amy Svoboda-Movie $16.00.
REDI Acct-Tran $3,869.00.
HOSPITAL & MEDICAL:
Regional Care Inc-Claims $6,237.02, Regional Care Inc-Reinsur $9,583.24, Regional Care Inc-Claims $1,977.47, Regional Care Inc-Claims $1,801.46.
Council President Foy opened a Public Hearing at 7:31 P.M., on the recommendation of the Planning Commission regarding an amendment to the comprehensive plan and zoning classification from C-4 Interstate Highway Business to R-3 Residential High Density for the following properties:
City Planning and Zoning Administrator Knoepfel; Dee McCroden; Greg Beal, representing Tim & Terry Miller; Steve Seitler; Stacey Cumpton and Tim Miller appeared before the Council regarding this issue.
Council President Foy read a proclamation declaring April 2004 as Month of Youth and Family.
Mary Huffman did not appear regarding the alley right of way-damage caused to 113 West 1st Street.
Councilwoman Gieschen moved to approve the minutes of the regular meeting held March 9, 2004. Seconded by Councilwoman Sharman. The following Council Members voted “Yes”: Paul Foy, Donna Sharman, Jerry Speck and Tanya Gieschen. The following Council Members voted “No”: None. Absent: None. Abstaining: Ronald Hollmann. Motion declared carried.
Councilwoman Sharman moved to approve the claim of the Ogallala Softball Association in the amount of $1,202.63. Seconded by Councilwoman Gieschen. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Council President Foy closed the Public Hearing at 8:01 P.M.
Councilman Hollmann moved to table and re-submit the rezoning back to the Planning Commission to hear citizen concerns and to give Council Members the opportunity to tour the area. Seconded by Councilwoman Sharman. The following Council Members voted “Yes”: Paul Foy, Donna Sharman, Ronald Hollmann and Jerry Speck. The following Council Member voted “No”: Tanya Gieschen. Absent: None. Motion declared carried
Councilwoman Gieschen introduced Ordinance 1193, entitled:
AN ORDINANCE AMENDING §35.015 OF THE MUNICIPAL CODE OF OGALLALA.
Councilwoman Gieschen moved that the Statutory Rule requiring the reading on three different days be suspended. Councilman Hollmann seconded the Motion. Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Donna Sharman, Ronald Hollmann, Jerry Speck 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. 1193 was read by title and, thereafter, Councilwoman Gieschen moved for the final passage of the Ordinance. Seconded by Councilman Hollmann. The President then stated the question: “Shall Ordinance No. 1193 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Donna Sharman, Ronald Hollmann, Jerry Speck 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 her signature thereto, a copy of said Ordinance No. 1193 being attached hereto and, by this express reference, incorporated herein and made a part hereof.
Councilman Gieschen moved to appoint Paula Crofutt to replace Scott Armstrong on the Library Board, term to expire September 30, 2004. Seconded by Councilwoman Sharman. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Councilwoman Hollmann moved to appoint Dick Wooden to replace Andy Byers on the Library Board, term to expire September 30, 2004. Seconded by Councilwoman Gieschen. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Library Board Member Kathy Lute came before the meeting to introduce Cindy Mielke as the new librarian.
Councilman Hollmann moved to approve the Interlocal Agreement with Keith County for the burial of indigent persons. Seconded by Councilwoman Gieschen. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Police Chief Humphrey appeared before the Council regarding the Building Addition.
Councilwoman Sharman moved to reject all bids on the Police Department building addition. Seconded by Councilman Speck. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Councilwoman Gieschen moved to approve the request for proposals for heating, ventilating and cooling system for the Police Department, bid notice to be published March 29, 2004, April 5 and 12, 2004, with bid opening April 22, 2004. Seconded by Councilman Hollmann. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Councilwoman Gieschen moved to approve the location of the proposed street shop on property owned by the City on West Riverdale Drive. Seconded by Councilwoman Sharman. The following Council Members voted “Yes”: Paul Foy, Donna Sharman, Ronald Hollmann and Tanya Gieschen. The following Council Member voted “No”: Jerry Speck. Absent: None. Motion declared carried.
Councilman Hollmann moved to approve the Contractor Agreement with RBP Construction, LLC, in the amount of $12,961.00 for the pressure reducing valve at Western Diamonds Sports Complex. Seconded by Councilwoman Gieschen. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Councilwoman Gieschen moved to approve the specifications for intersection replacement, with bid notice to be published March 29, 2004, April 5 and 12, 2004, with bid opening April 22, 2004. Seconded by Councilman Hollmann. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Discussion held regarding alley maintenance & obstructions.
Councilwoman Gieschen moved to approve an agreement with the Kiwanis’s for Western Diamonds Concession Service. Seconded by Councilwoman Sharman. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
Councilwoman Sharman moved to go into closed session to discuss Comfort Inn litigation. Seconded by Councilman Speck. All present Council Members voted “Yes”. Absent: None. Motion declared carried and Council went into closed session at 8:40 P.M.
Councilwoman Gieschen moved to reconvene in open session at 8:52 P.M. Seconded by Councilman Hollmann. All present Council Members voted “Yes”. Absent: None. Motion declared carried.
There being no further business to come before the meeting, Councilman Hollmann moved to adjourn. Seconded by Councilwoman Gieschen. All present Council Member voted “Yes”: Absent: None. Motion declared carried and the meeting adjourned at 8:53 P.M.
Jane M. Skinner
STATE OF NEBRASKA )
COUNTY OF KEITH ) SS.
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 March 23, 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
(S E A L)