REGULAR MEETING OF THE CITY COUNCIL

APRIL 26, 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 26^th day of April 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 April 22, 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.

President Foy opened a public hearing on a Class I Liquor License Application filed by Mi Ranchito – Ogallala, LLC dba Mi Ranchito, 401 Stagecoach Trail at 7:34 P.M.

President Foy proclaimed April 26, 2005 as the 133 anniversary celebration of Arbor Day.

Dave Barrett, Crystal Scheele, Shelly McQuillan and Maddie McQuillan appeared before the Council regarding a proposed soap box derby track.

CLAIMS PRESENTED FOR APPROVAL AND PAYMENT:

General Fund:

General Fund-Post $750.00, Pinnacle Bank-Dir Dep $25.00, Alvina Collins Bang-Rental $110.00, NE HHS Reg & Licensure-Reg $160.00, 125 Plan-Pretx $702.17, EFTPS-FIT $12,470.39, ICMA-Pension $226.56, Manulife Financial-Pension $2,597.68, Manulife Financial-Pension $570.02, Manulife Financial-Pension $1,473.14, NE Child Support Center-Sup $175.39, Pinnacle Bank- PP #7 $46,130.30, Mid Plains Community Coll-Reg $25.00, Country Kitchen-RSVP Dinners $1,967.25, State of Neb Dept of Rev-SIT $4,507.25, 125 Plan-Pretx $677.17, American Family Insurance-Aflac $817.33, EFTPS-FIT $11,537.53, Hospital & Medical-Ins $11,125.00, ICMA-Pension $226.56, Kansas City Life-Ins $418.54, Manulife Financial-Pension $2,606.70, Manulife Financial-Pension $570.02, Manulife Financial-Pension $1,473.14, NE Child Support Center-Sup $175.39, Pinnacle Bank-PP #8 $42,021.84, Keith County Dist Court-Appeal $72.00, 21^st Century Equipment-Se $232.88, Alamar-Su $1,562.60, Alco-Su $5.58, Alltel-Se $45.54, Alltel-Se $543.59, Alibris-Bks $268.54, American Red Cross-Se $32.00, A One Supply-Su $409.90, Arnold Pool-Su $254.20, Baltzell Vet Clinic-Se $90.00, Alvina Collins Bang-Rent $110.00, B & D Office Supply-Su $137.29, Beaver Bearing Ogallala-Su $37.66, Bowe’s Portable Welding-Lab $75.00, Mike Bruckner-Sal $842.32, Business Telcomm Systems-Se $233.10, Business Office Systems-Su $153.95, Cash Wa Distributing-Su $136.10, Caterpillar Financial Ser-P #48 $1,630.37, Central Auto & Diesel-Re $20.00, Charter Communications-Se $164.85, True Value Homecenter-Su $350.18, C.L.Coffman-Se $77.00, Comm Internet Systems-Se $12.00, Combined Insurance Co-Refund $35.00, Consolidated Plastics Co-Su $235.98, Corbin Willits Systems-Se $5,122.10, Cox Chevrolet & Buick-Re $259.14, Culligan-Su $42.01, Dell Marketing-Computer $1,153.98, DP Electronics LLC-Se $59.97, Eakes Office Plus-Su $159.00, Eichner Sales & Service-Se $149.83, Electric Fixture & Supply-Su $254.62, EMS Billing Services-Se $2,250.39, Farmers Coop Association-Fuel $3,785.88, Farm Plan-Su $122.21, Fireguard-Se $132.87 Fleet Broyhill LLC-Su $1,115.93, Follett Software Company-Se $180.00, Fowler Photography-Su $410.00, Fraser Welding L.L.C.-Su $1,260.00, Frates Fire Extinguisher-Se $534.00, Gaylord Bros-Bks $369.31, Hampton Inn-Mtg Exp $419.65, Hanley Wood Homeplanners-Bks $126.68, Hatcher Gun Company-Su $36.00, Humphreys Auto Supply-Su $119.31, Joe Humphrey-Reg $75.00, Ideal Linen Supply Inc-Su $173.94, Intl Instit Muni Clerks-Due $125.00, Ingram-Bks $1,949.24, Waste Connections-Se $447.74, J Bar J Landfill-Landfill Chg $108.80, Kansas City Life Ins-Ins $427.42, Keith Co Area Development-Contract $1,750.00, K.C. Chamber of Commerce-Copier $250.00, K.C. Hospital Authority-Sa & Use Tx $29,135.47, Keith County News-Pub $491.19, Keith County Treasurer-EOC Chgs $10,352.00, Keep Keith Co Beautiful-Du & Funding $4,015.00, Kenfield Electric-Su $167.47, Kildare Lumber-Su $957.99, K Lawn-Se $59.00, KN Energy-Se $6,599.84, Lab Safety Supply Inc-Su $397.69, Lakota Books-Bks $379.68, Lifeguard Store-Su $866.10, Linweld-Su $221.75, Carolyn Lowitz-Reg $37.50, McMillan Plumbing-Re $84.00, McQuillan & McQuillan-Se $187.50, M C Schaff & Assoc-Se $9,925.00, Microfilm Imaging Systems-Re $420.00, Mick Moul’s Modern Bldrs-Re $7,137.00, Midwest Turf & Irr-Su $240.68 Midwest Right of Way Srv-Se $943.97, Midwest Tape-DVDS $378.82, Cindy Mielke-Su & Mtg Exp $162.67, Municipal Supply Inc-Su $506.32, Munson Sales-Bks $227.00, Murphy Tractor & Equip-Re $12,871.98, National Geographic Soc-Sub $16.90, Neal Schuman Publishers-Bks $57.20, Nebraska Machinery-Parts $7.61, Nebraska Print Works-Su $360.90, NE Dept of Aeronautics-Se $3,930.00, Nebraska Dept of Labor-Se $30.00, NE Law Enforce Trng Ctr-Se $5.00, Nebraska Life-Sub $19.00, NPPD-Se $10,793.72, NE Department of Revenue-Sa Tx Remit $700.32 NE Workforce Development-Unemploy $2,304.00, Nonpareil Publishing-Bks $188.70, Office Service Inc-Su $740.87, Ogallala Medical Group-Se $270.00, Ogallala Ready Mix-Su $87.41, Ogallala Water Dept-Se $617.48, OVFD-Mtg Exp $230.00, Ogallala Backhoe Service-Se $120.00, OMB Police Supply-Uni $108.00, Oshkosh Cleaners-Se $244.50, Packard Power & Repair-Su $138.00, Pamida Inc-Su $8.26, Paulsen Inc- Su $23.01, Pioneer Aviation LLC-Contract $2,080.80, Platte Valley Agency-Ins $3,501.42, Pro Mart-Se $9.00, Quick Electric-Se $83.95, Qwest-Se $1,414.93, Radiology Services P.C.-Se $50.00, Rally Partners, Inc-Se $2,500.00, Holiday Inn-Mtg Exp $119.90, Rankin Sales & Service-Su $90.00, Random House Inc-Bks $66.22, R & D Welding & Supply-Su $167.90, RLH Construction-Re $50.00, Scholastic Distribution-Su $35.80, Dorothy Schutte-Cemetery Lots $600.00, Personal Best Publication-Sub $370.76, Servicemaster Cleaning-Se $1,281.24, Simon Contractors-Asphalt $850.84, St of Neb Dept Lbr Sfty-Se $90.00, Supercircuits Inc-DVQ Syst $1,229.10, Swanson Corporation-Sch $636.50, The Main Event-Mtg Exp $175.00, Thomson Gale-Bk $50.00, The Tool Pouch-Lab $835.00, Toshiba America Info Sys-Lease $344.67, Town & Country Serv-Re $367.64, Travel Centers of America-Refund $50.00, Truck & Auto Align-Se $606.95, Turfmaker Corp-Se $8,350.00, Twin Valley Comm Inc-Re $479.83, Ultramax-Su $589.30, University of NE Press-Bk $76.07, U S Postal Service-Post $85.86, U S Toy Co/Const Playtgs-Su $157.53, Van Diest Supply Company-Su $4,110.38, Video Kingdom-Su $4.95, VISA-Mtg Exp & Su $1,413.03, VISA-Mtg Exp & Su $1,001.14, Visionary Systems Ltd-Contract $105.00, Waite, McWha & Harvat-Se $125.00, Western Path Consultants-Se $234.00, Windy Acre Electric-Se $763.31, Wright Water Engineers-Se $1,433.75, Xerox Corporation-Su $57.39.

125 PLAN:

Regional Care Inc-Claims $496.19, Regional Care-Claims $147.96, Regional Care-Claims $349.48, Regional Care-Claims $80.23, Regional Care-Claims $612.50, Regional Care-Claims $42.46.

WATER FUND:

Fremont National Bank-Bds $1,962,085.00, Adams Bank & Trust-Se $25.00, General Fund-Payroll $17,392.82, General Fund-Post $250.00, Alltel Accts Receivable-Se $5.58, Alltel-Se $102.48, American Marking Corp-Su $463.73, A One Supply-Su $273.87, Barco Municipal Products-Se $131.59, Charter-SE $54.95, Corbin Willits Systems-Void, DP Electronics-Su $9.99, Elk Creek Backhoe/Trench-Se $71,481.62, Farmers Coop Assoc-Fuel $326.77, Frates Fire Extinguisher-Se $91.50, Fremont National Bank-Bds $93.75, General Fund-Admin Exp $5,625.00, Great Plains One Call Ser-Se $45.83, Ideal Linen Supply-Su $42.27, Jacobson Helgoth Inc-Se $3,551.15, Keith County News-Pub $792.00, Kildare Lumber-Su $189.61, KN Energy-Se $127.67, Lab Safety Supply-Se $588.65, Matt Friend Truck Equip-Su $227.95, McMillan Plumbing-Su $646.28, McQuillan & McQuillan PC-Se $125.25, Mercantile Corporate Off-Su $4.27, Midwest Electric-Se $1,364.16, Nebraska Machinery Co-Pts $119.91, Nebraska Print Works-Su $30.52, NPPD-Se $1,292.02, NE Dept of Rev-Tx Remit $4,666.58, Office Service-Su $12.54, Ogallala Water Dept-Post $10.11, Platte Valley Agency-Se $534.79, Qwest-Se $109.84, Personal Best Publication-Sub $48.36, St of Neb Dept Health Lab-Se $112.00, Visa-Meals $17.12, Lucy Arensdorf-Refund $20.74, Rosemary Hagen-Refund $44.14, Bruce Jensen-Refund $5.86, Tanya Tsukahara-Refund $38.29.

SEWER FUND:

Adams Bank & Trust-Auto Pay $25.00, Interstate Irrigation, Inc-Pymt 1 $44,728.42, General Fund-Payroll $13,108.37, U S Postal Service-Post $452.65, General Fund-Post $250.00, Interstate Irrigation-Swr Ext Proj $73,017.23, Alltel-Se $34.15, Axis Capital Inc-Post Mach Pmnt $99.00, Comm Internet Systems Inc-Se $19.95, Critch’s Sewer Inspection-Se $987.50, Farmers Coop Association-Fuel $73.52, Farm Plan-Su $15.86, Frates Fire Extinguisher-Se $52.50, General Fund-Admin Exp $4,375.00, Harold Hampton Const-Se $606.00, Ideal Linen Supply Inc-Su $55.56, Jacobson Helgoth-Se $1,454.71, Waste Connections Inc-Se $68.00, Kildare Lumber-Su $10.99, KN Energy-Se $3,585.32, NE Public Power District-Se $3,124.13, Ogallala Ready Mix-Gravel $46.58, Ogallala Water Dept-Se $69.40, Ogallala Backhoe Service-Se $6,895.20, Platte Valley Agency-Se $228.79, QA Balance Services-Se $95.00, Qwest-Se $68.31, Safeway Inc-Su $12.58, Personal Best Publication-Sub $24.18, William Terry-Boots $42.62, WEF Membership Renewals-Due $50.00.

YOUTH COMMITTEE FUND:

Tara Smith-Su $21.72, Ogallala Water Dept-Su $10.69, Valentino’s-Meals $101.55, Office Service Inc-Su $24.16.

HOSPITAL & MEDICAL:

Regional Care Inc-Claims $4,471.84, Regional Care Inc-Claims $10,497.58, Regional Care Inc-Reinsur $7,953.02, Regional Care Inc-Claims $5,243.26, Regional Care Inc-Claims $693.40.

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 22, 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 Sharman moved to approve the Consent Agenda.  Seconded by Councilman Knudsen.   All present Council Members voted “Yes”.  Absent: None.  Motion declared carried and the Consent Agenda was approved as follows:

A.                 Claims

B.                 Minutes of Regular Meeting held April 12, 2005.

C.                 O.V.F.D. – resignation of Tara Frame.

President Foy closed the Public Hearing on the liquor license at 7:55 P.M.

Councilwoman Gieschen moved to approve the Class I Liquor License application filed by Mi Ranchito-Ogallala, LLC dba Mi Ranchito, 401 Stagecoach Trail.  Seconded by Councilman Rezac.  All present Council Members voted “Yes”.  Absent:  None.  Motion declared carried.

Councilwoman Sharman moved to approve the Corporate Manager application for Roman Parra-Chavez filed in connection with the license application of Mi Ranchito-Ogallala, LLC.  Seconded by Councilman Rezac.  All present Council Members voted “Yes”.  Absent:  None.  Motion declared carried.

Councilman Rezac introduced Ordinance No. 1211, entitled:

AN ORDINANCE AMENDING §99.013 AND §99.016 OF THE MUNICIPAL CODE OF OGALLALA.

Councilman Rezac 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. 1211 was read by title and, thereafter, Councilman Knudsen moved for the final passage of the Ordinance.  Seconded by Councilwoman Gieschen.  The President then stated the question:  “Shall Ordinance No. 1211 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. 1211 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilwoman Gieschen introduced Resolution No. 1159 to apply for State & Federal funding for the City of Ogallala Public Transit for Fiscal Year 2005/06.  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, 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. 1159 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilwoman Sharman introduced Resolution No. 1160 establishing fees for Liquor Licenses and Occupation Tax for the City of Ogallala, Nebraska.  President Foy read the Resolution and Councilman Knudsen 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. 1160 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Fire Chief Bassett presented the 2004 Annual Report for Fire Department.

Councilman Rezac moved to approve the purchase agreement for the Collins-Bang property as part of an airport improvement project and authorize the Mayor to sign all necessary documents to effectuate closing.  Seconded by Councilwoman Gieschen.  All present Council Members voted “Yes”.  Absent:  None.  Motion declared carried.

Councilman Rezac moved to approve the purchase agreement for the Jehorek property as part of an airport improvement project and authorize the Mayor to sign all necessary documents to effectuate closing.  Seconded by Councilwoman Gieschen.  All present Council Members voted “Yes”.  Absent:  None.  Motion declared carried.

Councilwoman Sharman moved to go into Closed Session regarding Kalkowski vs. Nebraska National Trails Museum and the City of Ogallala.  Seconded by Councilman Rezac.  All present Council Members voted “Yes”.  Absent:  None.  Motion declared carried. And Council retired into Closed Session at 8:39 P.M.

Councilman Rezac moved to reconvene in Open Session at 9:00 P.M.  Seconded by Councilwoman Sharman.  All present Council Members voted “Yes”.  Absent:  None.  Motion declared carried.

There being no further business to come before the meeting, Councilwoman Gieschen moved to adjourn.  Seconded by Councilman Rezac.  All present Council Members voted “Yes”:   Absent:  None.  Motion declared carried and the meeting adjourned at 9:01 P.M.

                                                                                                                                                                                                                                 ______________________________

                                                                                    Jane M. Skinner, City Clerk                                                                                                                                         

Approved:

________________________________________

Paul Foy, Council  President

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  April 26, 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.

_______________________________

                                                                                    Jane M. Skinner, City Clerk

(S E A L)