REGULAR MEETING OF THE CITY COUNCIL

FEBRUARY 8, 2005

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 8^th day of February 2005 at 7:30 o’clock P.M. Present were: President of the Council: Paul Foy; Council Members: Donna Sharman, Tanya Gieschen, Jim Rezac and Mark Knudsen. 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 and posting at the City Hall Administration Building 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 February 4, 2005 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.

Members of the Boy Scouts presented the colors and led in the Pledge of Allegiance.

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 February 4, 2005. President Foy noted the Consent Agenda consisted of three 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 Gieschen moved to approve the Consent Agenda. Seconded by Councilman Rezac. All present Council Members voted “Yes”. Absent: None. Motion declared carried and the Consent Agenda was approved as follows:

A. Minutes of the January 25, 2005 regular meeting of the City Council.

B. Airport – Business franchise with KEL, LLC for airframe and/or power plant repair.

C. Airport – Business franchise with KEL, LLC for aircraft sales.

President Foy opened a Public Hearing on FY 2004/2005 Budget Amendment at 7:34 P.M.

City Manager Krajewski presented information regarding the budget amendments. Wayne Rasmuss, Ameritas Investment Corporation, came before the Council regarding the Bond issue.

President Foy proclaimed February 6, 2005 through February 12, 2005 as Scouting Anniversary Week. The Proclamation was presented to the Boy Scouts.

President Foy proclaimed the month of March 2005 as “Gambling Awareness Month” in the City of Ogallala.

Councilwoman Sharman moved to approve the Minutes of the 2:00 P.M., January 31, 2005 Special Meeting of the City Council. Seconded by Councilman Knudsen. The following Council Members voted “Yes”: Paul Foy, Donna Sharman and Mark Knudsen. The following Council Members voted “No”: None. Absent: None. Abstaining: Tanya Gieschen and Jim Rezac. Motion declared carried.

Councilwoman Sharman moved to approve the Minutes of the 7:00 P.M. January 31, 2005 Special Meeting of the City Council. Seconded by Councilman Knudsen. The following Council Members voted “Yes”: Paul Foy, Donna Sharman, Jim Rezac and Mark Knudsen. The following Council Members voted “No”: None. Absent: None. Abstaining: Tanya Gieschen. Motion declared carried

President Foy closed the Public Hearing at 7:46 P.M.

Councilwoman Sharman moved to approve the FY 2004-2005 budget amendment as presented. Seconded by Councilwoman Gieschen. All present Council Members voted “Yes”. Absent: None. Motion declared carried.

Councilwoman Gieschen introduced Resolution No. 1150 calling Combined Revenue Refunding Bonds, 1999 Series. President Foy read the Resolution and Councilwoman Gieschen moved that this Resolution be adopted. Seconded by Councilwoman Sharman. Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Donna Sharman, Tanya Gieschen, Jim Rezac and Mark Knudsen. The following Council Members voted “No”: None. Absent: None. Motion declared unanimously carried and Resolution No. 1150 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilwoman Sharman introduced Ordinance No. 1210, entitled:

AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER REVENUE REFUNDING BONDS, 2005 SERIES, OF THE CITY OF OGALLALA, NEBRASKA, IN THE PRINCIPAL AMOUNT OF ONE MILLION NINE HUNDRED SEVENTY THOUSAND DOLLARS ($1,970,000) FOR THE PURPOSE OF PAYING OFF CERTAIN OUTSTANDING COMBINED REVENUE REFUNDING BONDS, 1999 SERIES; PLEDGING AND HYPOTHECATING THE REVENUES AND EARNINGS OF THE WATERWORKS PLANT AND DISTRIBUTION SYSTEM OWNED BY THE CITY FOR THE PAYMENT OF SAID BONDS; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID BONDS; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; PROVIDING FOR THE DISPOSITION OF THE BOND PROCEEDS AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM.

Councilwoman Sharman 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, Tanya Gieschen, Donna Sharman, Jim Rezac and Mark Knudsen. 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. 1210 was read by title and, thereafter, Councilwoman Gieschen moved for the final passage of the Ordinance. Seconded by Councilwoman Sharman. The President then stated the question: “Shall Ordinance No. 1210 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Tanya Gieschen, Donna Sharman, Jim Rezac and Mark Knudsen. 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. 1210 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilwoman Sharman introduced Resolution No. 1151 declaring the City of Ogallala’s intent to incur debt which many include reimbursement of expenditures made by the City for the construction of additions and improvements to the water plant and distribution system of the City. President Foy read the Resolution and Councilwoman Gieschen moved that this Resolution be adopted. Seconded by Councilwoman Sharman. Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Tanya Gieschen, Donna Sharman, Jim Rezac and Mark Knudsen. The following Council Members voted “No”: None. Absent: None. Motion declared unanimously carried and Resolution No. 1151 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

City Clerk/Treasurer Skinner presented the Treasurer’s report for January 2005.

Penny Feltz, Pool Manager, and City Manager Krajewski presented information regarding the proposed installation of a key card entry and security system for the Goodall Recreation Center.

Councilwoman Gieschen moved to proceed with the key card entry project for the Goodall Recreation Center. Seconded by Councilman Rezac. All present Council Members voted “Yes”. Absent: None. Motion declared carried.

City Manager Krajewski and Mike Milius and Carter Hubbard, representatives from Olsson & Associates, presented information concerning the flood plain insurance rate maps.

A. Darwin Williams, Jacobson Helgoth Consultants, presented information regarding Change Order No. 1 for Highway 26/61 Sewer Extension Project.

Councilwoman Gieschen moved to approve Highway 26/61 Sewer Extension Project, Change Order No. 1. Seconded by Councilwoman Sharman. All present Council Members voted “Yes”. Absent: None. Motion declared carried.

Councilwoman Sharman introduced Resolution No. 1153 amending the City of Ogallala Personnel Manual to revise the position description “Parks Concession Worker”. President Foy read the Resolution and Councilwoman Gieschen moved that this Resolution be adopted. Seconded by Councilwoman Sharman. Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Tanya Gieschen, Donna Sharman, Jim Rezac and Mark Knudsen. The following Council Members voted “No”: None. Absent: None. Motion declared unanimously carried and Resolution No. 1153 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Planning and Zoning Administrator Knoepfel presented information regarding vacation of public access easement on Lot 2, Pheasant Run Estates (Pamela Stokey property). Phil Pierce, Attorney representing Pamela Stokey, also appeared in this regard.

Councilwoman Gieschen introduced Resolution No. 1152 vacating a thirty-six foot (36’) wide “Public Road Easement” located along the west side of lot 2 Pheasant Run Estates No. 1, an Administrative Replat of Lots 1, 2, and 3 of Three River Ranch Replat and Lots 2, 4, 5, 6, and 7 of Barrett Residential Estates No. 1, all located in a portion of the SW ¼ of Section 20, Township 14 North, Range 38 West of the 6^th P.M.., in Keith County, Nebraska. President Foy read the Resolution and Councilman Rezac moved that this Resolution be adopted. Seconded by Councilwoman Sharman. Upon roll call vote, the following Council Members voted “Yes”: Paul Foy, Tanya Gieschen, Donna Sharman, Jim Rezac and Mark Knudsen. The following Council Members voted “No”: None. Absent: None. Motion declared unanimously carried and Resolution No. 1152 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilwoman Sharman moved to go into Closed Session regarding airport land acquisition. Seconded by Mark Knudsen. All present Council Members voted “Yes”. Absent: None. Motion declared carried and Council retired into Closed Session at 8:32 P.M.

Council reconvened in open session at 8:45 P.M.

There being no further business to come before the meeting, Councilman Foy moved to adjourn. Seconded by Councilman Rezac. All present Council Members voted “Yes”: Absent: None. Motion declared carried and the meeting adjourned at 8:46 P.M.

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Jane M. Skinner City Clerk

Approved:

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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 February 8, 2005 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.

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Jane M. Skinner

City Clerk

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