REGULAR MEETING OF THE CITY COUNCIL

APRIL 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 27^th day of April 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 April 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 April 23, 2004. President Foy noted the Consent Agenda consisted of seven 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. Councilwoman Sharman moved to approve the Consent Agenda. Seconded by Councilman Hollmann. All present Council Members voted “Yes”. Absent: None. Motion declared carried and the Consent Agenda was approved as follows:

A. Minutes of regular meeting held April 13, 2004.

B. Claims.

C. Gas Fitter & Plumbing bonds for Ken Priesner.

D. O.V.F.D. – Resignation of Robert Bush.

E. O.V.F.D. – Gary Bush Jr. removed by action of the Board.

F. O.V.F.D. – Ron Olson reinstated into the Department.

G. Plumbing bond for Edward Knouse dba Precision Services Company, Morrill, Nebraska.

CLAIMS PRESENTED FOR APPROVAL AND PAYMENT:

GENERAL FUND:

Air BP Aviation Services-Su $121.24, Pinnacle Bank-Dir Dep $25.00, NE Child Support Center-Void, Sewer Treatment Fund-Mi $31.26, State of NE Dept of Rev-SIT $2,980.37, 125 Plan-Pre Tx $608.17, American Family Insurance-Aflac $472.76, EFTPS-FIT $12,087.76, Hospital & Medical-Med Ins $13,269.00, ICMA Retirement-Pension $221.28, Kansas City Life Ins Co-Ins $470.03, Manulife Financial-Pension $2,842.36, Manulife Financial-Pension $556.77, Manulife Financial-Pension $1,583.74, NE Child Support Center-Support $504.70, Pinnacle Bank-PP#7 $43,274.30, Country Kitchen Ogallala-Banquet $2,058.75, 125 Plan-Pretx $608.17, EFTPS-FIT $12,158.46, Hospital & Medical-Med Ins $13,269.00, ICMA Retirement-Pension $221.28, Manulife Financial-Pension $2,802.68, Manulife Financial-Pension $556.77, Manulife Financial-Pension $1,583.74, NE Child Support Center-Sup $504.70, Pinnacle Bank-PP#8 $43,290.13, Bill Summers Ford-Vehicle $23,234.61, Action Target Inc-Se $312.00, Almar-Su $916.20, Alco-Su $126.51, Elaine Alfano-Mi $40.13, Alltel-Se $656.69, A One Supply-Su $548.64, Arnold Pool Co-Su $352.00, Baltzell Vet Clinic-Se $90.00, B & D Office Supply-Su $98.63, Bill Summers Ford-Se $8.70, Bound Tree Medical LLC-Su $139.42, Jennipher L. Brown-Se $50.00, Mike Bruckner, Sal $1,263.48, Business Telecomm Systems-Se $37.50, Campbell Pet Company-Su $129.88, Caterpillar Financial-Pay #36 $1,630.37, CDBG Certification-Mtg Exp $140.00, Charter Communications-Se $109.90, True Value Homecenter-Su $118.34, Comm Internet Systems-Se $36.00, Comsource-Lab $35.00, Corbin Willits Systems-Se $4,972.91, Cornhusker Glass Inc-Shp Chg $22.92, The Cornhusker-Mtg Exp $108.44, Cox Chevrolet & Buick-re $815.82, Dell Marketing LP-Computer $786.13, Demco-Su $129.50, Dickinson Land Surveyors-Se $4,093.83, DP Electronics LLC-Se $67.75, EDM Equipment-Su $2,554.80, Electric Fixture & Supply-Su $63.15, Ely Churchich-Tables $4,000.00, EMS Billing Services-Se $1,519.57, Falcon Laboratories Inc-Su $94.60, Farmers Coop Association-Fuel $3,343.22, Farm Plan-Su $113.75, Penney Feltz-Mtg Exp $30.00, Fireguard Inc-Se $9,500.00, Ionix Telecommunications-Se $151.28, Fraser Welding LLC-Su $220.00, Frates Fire Extinguisher-Se $148.10, FryTek-Su $347.22, Goodall City Library-Petty Cash $47.00, Hampton Inn-Mtg Exp $69.00, Harbor Freight Tools-Su $47.86, High Plains Printing-Su $74.70, Bryan Hill-Mi $110.55, Home PC Sales & Service-Su $202.50, Humphreys Auto Supply-Su $79.28,The HW Wilson Company-Sub $174.00, Ideal Linen Supply Inc-Su $237.74, Intstit Muni Clerks-Du $115.00, Ingram-Bks $515.24, Waste Connections-Se $441.25, Kansas City Life-Ins $345.50, Keith Co Area Development-Contract $1,750.00, Keith County Clerk- Se $16.50, K C Hospital Authority-Sa Tx Rev $24,847.87, Keith County News-Pub $1,020.11, Keith Co Senior Center-Se $20.00, Keith County Treasurer-EOC Chgs $10,140.00, Keep Keith Co Beautiful-Du & Donation $1,015.00, Kenfield Electric-RE $209.68, Kildare Lumber-Su $677.90, K Lawn-Se $60.00, KN Energy-Se $6,320.48, Steve Krajewski-Mtg Exp $31.39, Keane Krajewski-Sch $360.00, Kustom Signals Inc-Re $158.54, Lab Safety Supply-Su $766.68, Law Enforcement Accessory-Uni $95.00, Linweld-Se $57.25, Mass Air & Mechanical-Su $479.68, Carol Maxson-Mi $250.37, Sharon McCreath-Mi $93.75, Linda McElvain-Post $45.78, McMillan Plumbing-Se $370.00, McQuillan & McQuillan-Se $1,191.75, Mike Mell-Bts $50.00, Mercantile Corporate Off-Su $54.59, Michael Todd & Co-Su $1,032.28, Midwest Turf & Irr-Equip $125.61, Cindy Mielke-Post $10.03, Kevin Mueller-Se $300.00, Municipal Supply-Su $1,381.02, Nebraska Machinery Co-Su $180.49, NE Library Com/The Atrium-Se $39.06, Nebraska Library-Du $50.00, NE Dept of Aeronautics- Rent $2,030.00, Nebraska Life-Sub $19.00, NE Public Power District-Se $10,667,79, NE Department of Revenue-Sa Tx Remit $472.09, NLA Public Library Sec-Mtg Exp $30.00, Northwest Pipe Fittings-Su $120.00, Office Service Inc-Su $370.87, Ogallala Feed & Seed-Su $12.98, Ogallala Ready Mix-Se $9,820.00, Ogallala Water Dept-Se $444.62, Oga Volun Fire Dept-Du & Sch $269.00, Ogallala Backhoe Service-Se $90.00, Oshkosh Cleaners-Se $271.65, Pamida Inc-Su $66.98, Paulsen Inc-Su $2,651.21, Pioneer Aviation-Contract $2,040.00, Pitney Bowes Credit Corp-Mtr Rent $50.00, Platte Valley Agency-Se $1,150.00, Prairie States Comm-Re $831.00, Precision Machining-Se $40.00, Pro Mart-Se $14.00, Quality Inn & Suites-Mtg Exp $318.00, Qwest-Se $1,564.78, Ragan Communications Inc-Sub $69.55, R & C Sprinklers-Se $29,486.71, Redkatz-Se $1,489.85, S.C.I.P.-Trn $14.00, Servciemaster Cleaning-Se $837.86, Simon Contractors-Su $1,011.04, Sunmart-Su $37.80, St of Neb Dept Lbr Sfty-Se $90.00, Virginia Steinke-Mi $254.09, Telegraph-Pub $32.55, Telsa Electric-Se $438.68, Toshiba America Info Sys-Se $344.67, Town & Country Srv-Re $159.40, Ultramax-Se $547.00, U S Postal Service-Post $80.90, Van Diest Supply Company-Su $9,957.63, Video Kingdom-Su $500.00, Visa-Mtg Exp $368.36, Visa-Meal $23.78, Visionary Systems LTD-Se $105.00, Western Path Consultants-Se $96.00, Western Turf Shooters-Su $1,486.80, Windy Acre Electric-Se $75.00, A E Wolfe-Cemetry Lots $47.00, Xerox Corporation-Se $106.34.

125 PLAN:

Regional Care-Claims $428.00, Regional Care-Claims $819.58, Regional Care-Claims $62.70, Regional Care-Claims $814.31.

WATER FUND:

Adams Bank & Trust-Auto Pay $25.00, General Fund-PP #5 & 6 $15,519.03, Ne HHS Reg & Licensure-#8 & 9 fee $1,350.00, Alltel-Se $91.79, A One Supply-Su $26.66, True Value Homecenter-Su $55.04, Comm Internet Systems-Se $24.00, Cornhusker Glass-Frt $33.75, Farmers Coop Association-Fuel $363.49, Frates Fire Extinguisher-Se $57.25, General Fund-Admin Exp $5,500.00, Great Plains One Call-Se $56.66, Ideal Linen Supply Inc-Su $21.47, Jacobson Helgoth Inc-Se $5,897.65, Keith County News-Pub $674.25, Kildare Lumber-Su $172.21, KN Energy-Se $124.57, McQuillan & McQuillan-Se $5.25, Mercantile Corporate Off-Se $14.70, Midwest Electric-Se $2,012.69, Municipal Supply Inc-Su $4,278.13, Ne Public Power District-Se $959.22, NE Department of Revenue-Sa Tx Remit $4,341.47, Ogallala Feed & Seed-Su $15.99, Doug Patterson-Refund $14.70, Pitney Bowes Credit Corp-Post $50.00, Platte Valley Agency-Se $645.00, Qwest-Se $110.93, R & D Welding & Supply-Se $13.29, Redkatz-Su $92.40, Snap On Tools-Su $91.10, St of Neb Dept Health Lab-Se $573.00, Utilities Section-Mtg Exp $125.00, VISA-Su $68.50, Mae Dean Brodbeck-Refund $5.65, Lonnie Martin-Refund $22.20, Victoria Maxwell-Refund $15.39, Tracey Symington-Refund $22.25, Wendell Walkenhorst-Refund $22.25.

SEWER FUND:

Adams Bank & Trust-Auto Pay $25.00, General Fund-PP #5 & 6 $9,658.26, Pinacle Bank-CD $50,000.00, U S Postal Service-Post $449.77, A & B Tool-Se $28.00, Alltel-Se $41.82, True Value Home Center-Su $68.94, Com Internet Systems-Se $19.95, Electric Fixture & Supply-Su $255.80, Farmers Coop Association-Fuel $81.25, Ionix Telecommunication-Se $46.57, Frates Fire Extinguisher-Se $35.75, General Fund-Admin Exp $4,375.00, General Fund-Se $4,375.00, Humpheys Auto Supply-Su $55.24, Ideal Linen Supply-Su $53.04, Waste Connections-Se $54.75, Kelly Supply Company-Su $47.81, Kildare Lumber-Su $17.95, KN Energy-Se $4,545.49, Midwest Laboratories-Se $690.00, NE Public Power District-Se $2,766.92, Ogallala Ready Mix-Truck Rent $3,270.00, Ogallala Water Dept-Se $59.85, Ogallala Backhoe Service-Se $4,358.40, Platte Valley agency Inc-Se $43.00, QA Balance Services-Se $95.00, Quick Electric-Re $66.50, Qwest-Se $68.48, Redkatz-Se $84.00, Safeway Inc-Su $13.47, Sapp Brothers Petroleum-Oil $78.60, Titan Industries-Su $175.18, Town & country Srv-Re $29.00, WEF Membership Renewals-Du $50.00.

CDBG/AMERICAN SHIZUKI:

REDI Acct-Tran $3,869.00.

HOSPITAL & MEDICAL:

Regional Care-Claims $1,231.14, Regional Care-Claims $2,978.60, Regional Care-Claims $9,320.07, Regional Care-Claims $4,387.22, Regional Care-Claims $499.30, Regional Care-Claims $3,023.39, Regional Care-Reg Fee $200.00.

Council President Foy opened a Public Hearing at 7:35 P.M for the purchase of a new vehicle for Public Transit.

Council President Foy opened a Public Hearing at 7:35 P.M., for an amendment to the comprehensive plan and zoning map to change the zoning classification from C-1 Central Business District to C-2 Highway Business District for the following properties:

· Lot 1 Sub of 9 & Lot 2 Sub of 9 and all of Lot 10 Block 30 Aufdengarten’s First Addition, also fraction of Lot 4, Block 22 Original Town (Cox Chevrolet)

· Lots 1,2,3,4 and West 17.65 feet of Lot 5, E.M. Searle’s Sub, Lots 5,6,7,8, Block 23 Original Town. (Cox Chevrolet)

· The North half of Block 26, Original Town (Plaza Inn)

Council President Foy opened a Public Hearing at 7:35 P.M., for an amendment to the comprehensive plan and zoning map to change the zoning classification from C-1 Central Business District to I-1 Industrial District for the following properties:

· Lots 5,6,7,8, Block 36 Original Town (Southwest Auto Tech, R&C Sprinklers L.L.C., City of Ogallala)

Ken Knoepfel, Planning & Zoning Administrator, appeared before the Council regarding the zoning changes.

Carol Maxon, Ogallala Public Transit, came before the Council regarding the purchase of a new bus.

Council President Foy read a Proclamation proclaiming May 2 thru May 8, 2004 as the 35^th Annual Municipal Clerks Week.

Council President Foy read a Proclamation proclaiming April 30, 2004 as the 132^nd anniversary of Arbor Day.

Councilwoman Sharman moved to approve the application submitted by Ogallala/Keith County Chamber of Commerce for a special designated liquor license, event to be held from 6:00 P.M. to 12:00 A.M. June 5, 2004 during the Rubber Chicken Festival. Seconded by Councilman Speck. All present Council Members voted “Yes”. Absent: None. Motion declared carried.

Council President Foy closed the Public Hearings at 7:45 P.M.

Councilwoman Gieschen introduced Ordinance 1195, entitled:

AN ORDINANCE REZONING THE FOLLOWING DESCRIBED REAL ESTATE:

· Lot 1 Sub of 9 & Lot 2 Sub of 9 and all of Lot 10 Block 30 Aufdengarten's First Addition, also fraction of Lot 4, Block 22 Original Town (Cox Chevrolet)

· Lots 1,2,3,4 and West 17.65 feet of Lot 5, E.M. Searle’s Sub, Lots 5,6,7,8, Block 23 Original Town. (Cox Chevrolet)

· The North half of Block 26, Original Town (Plaza Inn)

Councilwoman Gieschen moved that the Statutory Rule requiring the reading on three different days be suspended. Councilman Sharman 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. 1195 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. 1195 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. 1195 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Hollmann introduced Ordinance 1196 entitled:

AN ORDINANCE REZONING THE FOLLOWING DESCRIBED REAL ESTATE:

· Lots 5,6,7,8, Block 36 Original Town

Councilman Hollmann moved that the Statutory Rule requiring the reading on three different days be suspended. Councilwoman Gieschen 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. 1196 was read by title and, thereafter, Councilwoman Sharman moved for the final passage of the Ordinance. Seconded by Councilman Speck. The President then stated the question: “Shall Ordinance No. 1196 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. 1196 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilwoman Gieschen introduced a Resolution to apply for State & Federal funding for the City of Ogallala Public Transit for Fiscal Year 2004/05. President Foy read the Resolution and Councilwoman Sharman 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, Jerry Speck and Tanya Gieschen. The following Council Members voted “No”: None. Absent: None. Motion declared carried and Resolution No. 1130 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Speck moved to approve the agreement with the State of Nebraska Department of Roads for the purchase of a vehicle for the Ogallala Public Transportation system. Seconded by Councilwoman Sharman. All present Council Members voted “Yes”. Absent: None. Motion declared carried.

City Manager Krajewski presented the four bids received for the building for the street department.

Councilwoman Sharman moved to reject all bids for the construction of a building for the Street Department. Seconded by Councilwoman Gieschen. All present Council Members voted “Yes”. Absent: None. Motion declared carried.

Police Chief Humphrey presented information regarding traffic control so that West C would be a through street.

Councilwoman Gieschen introduced a Resolution providing for the placement of stop signs at the intersections of West C Street and West Third Street; West C Street and West Fourth Street; and West C Street and West Sixth Street. President Foy read the Resolution and Councilwoman Sharman moved that this Resolution be adopted. Seconded by Councilman Speck. 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 Resolution No. 1131 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilwoman Gieschen introduced a Resolution adopting and approving the execution of an agency agreement with the Department of Aeronautics of the State of Nebraska for Project No. 3-31-0061-03 to be submitted by the Department to the Federal aviation Administration to obtain federal assistance for the development of the Airport. President Foy read the Resolution and Councilman Speck 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, Jerry Speck and Tanya Gieschen. The following Council Members voted “No”: None. Absent: None. Motion declared carried and Resolution No. 1132 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Speck introduced a Resolution establishing an Airport Advisory Board. President Foy read the Resolution and Councilwoman Gieschen moved that this Resolution be adopted. Seconded by Councilman Speck. 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 Resolution No. 1133 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Hollmann introduced establishing a Cemetery Advisory Board. President Foy read the Resolution and Councilwoman Geischen moved that this Resolution be adopted. Seconded by Councilwoman Sharman. 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 Resolution No. 1134 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Police Chief Humphrey presented the three bids received for the heating, ventilating and cooling system for the Police Department.

Councilman Speck moved to accept the proposal of Erthum’s Sheet Metal Heating and Cooling, of Ogallala for a heating, ventilating and cooling system for the Police Department in the amount of $19,227.00. 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, Councilwoman Sharman moved to adjourn. Seconded by Councilman Speck. All present Council Member voted “Yes”: Absent: None. Motion declared carried and the meeting adjourned at 8:07P.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 April 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)