REGULAR MEETING OF THE CITY COUNCIL

February 14, 2006

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 14^th day of February 2006 at 7:30 o’clock P.M.  Present were:  President of the Council: Paul Foy; Council Members:  Larry Cumming, Tanya Gieschen, James 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 10, 2006 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 regarding the Wellhead Protection Plan at 7:32 P.M.

Marcus and Renee Bourne appeared before the council regarding storm water affecting property at 605 West 7 Street.  Mike Mell, Street Superintendent, also appeared before the council regarding this matter.

Councilman Knudsen moved to authorize U.S. Recyclers to place a recycling container on the north side of the building located at 120 West A Street.  The motion was seconded by Councilman Rezac.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None.  Absent:  None.  Motion declared carried.

Councilman Rezac moved to approve the minutes of the regular meeting held January 24, 2006.  The motion was seconded by Councilwoman Gieschen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None.  Absent:  None.  Motion declared carried.

City Clerk-Treasurer Skinner presented the financial report for January 2006.

Councilman Rezac introduced a Resolution declaring the City of Ogallala’s intent to incur debt which may include reimbursement of water and sewer improvements in Sanitary Sewer Extension District No. 2006-1 and Water Extension District No. 2006-1 in the City.  President Foy read the Resolution and Councilman Rezac moved that this Resolution be adopted.  The motion was seconded by Councilwoman Gieschen.  Upon roll call vote, the following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen, and James Rezac.  The following Council Members voted “No”:  None.  Absent: None. Motion declared unanimously carried and Resolution No. 1192 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Rezac moved to amend the Parks Field Use Policy by replacing American Youth Soccer Association (AYSO) with Ogallala Youth Soccer Association (OYSA).  The motion was seconded by Councilman Knudsen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None.  Absent:  None.  Motion declared carried.

Councilman Rezac introduced Ordinance No. 1225, entitled:

An Ordinance vacating and retaining ownership of the remaining portion of West G Street located between West 10^th Street and West 11^th Street in the City of Ogallala, Nebraska not previously vacated by Ordinance 1107.

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, Larry Cumming, Tanya Gieschen, Mark Knudsen, and James Rezac.  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. 1225 was read by title and, thereafter, Councilman Rezac moved for the final passage of the Ordinance.  Seconded by Councilwoman Gieschen.  The President then stated the question:  “Shall Ordinance No. 1225 be passed and adopted?”  Upon roll call vote, the following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen, and James Rezac.  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.1225 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Rezac moved to approve the contract amendment #2 for the flood plain “Letter of Map Amendment” with Olsson Associates.  The motion was seconded by Councilman Cumming.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None.  Absent:  None.  Motion declared carried.

Councilman Knudsen moved to approve the contract amendment #3 for the River Road box culvert with Olsson Associates.  The motion was seconded by Councilman Rezac.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None.  Absent:  None.  Motion declared carried.

Councilman Rezac moved to approve the design & engineering agreement for the Spruce Street and Railroad Street improvement project with M.C. Schaff & Associates.  The motion was seconded by Councilwoman Gieschen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None.  Absent:  None.  Motion declared carried.

Councilwoman Gieschen moved to approve the construction engineering agreement for the Spruce Street and Railroad Street improvement project with M.C. Schaff & Associates.  The motion was seconded by Councilman Knudsen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None.  Absent:  None.  Motion declared carried.

Councilwoman Gieschen introduced Ordinance No. 1226, entitled:

AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 2006-1 OF THE CITY OF OGALLALA, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF THE DISTRICTS; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS AND REFERRING TO THE PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK.

Councilwoman Gieschen moved that the Statutory Rule requiring the reading on three different days be suspended.  Councilman Cumming seconded the Motion.  Upon roll call vote, the following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  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. 1226 was read by title and, thereafter, Councilman Rezac moved for the final passage of the Ordinance.  The motion was seconded by Councilwoman Gieschen.  The President then stated the question:  “Shall Ordinance No. 1226 be passed and adopted?”  Upon roll call vote, the following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  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.1226 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Rezac introduced Ordinance No. 1227, entitled:

AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 2006-1 OF THE CITY OF OGALLALA, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF THE DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS, REFERRING TO THE PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK

Councilman Rezac moved that the Statutory Rule requiring the reading on three different days be suspended.  The motion was seconded by Councilwoman Gieschen.  Upon roll call vote, the following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  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. 1227 was read by title and, thereafter, Councilman Rezac moved for the final passage of the Ordinance.  The motion was seconded by Councilwoman Gieschen.  The President then stated the question:  “Shall Ordinance No. 1227 be passed and adopted?”  Upon roll call vote, the following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  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.1227 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Rezac moved to approve the specifications, advertising and bid opening dates for JHC Project No. 253-26.  The motion was seconded by Councilman Knudsen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None.  Absent:  None.  Motion declared carried.

Councilman Rezac introduced Ordinance No. 1228, entitled:

An Ordinance vacating THE EAST WEST ALLEY located in Block 44, Aufdengarten’s First Addition to the City of Ogallala, Nebraska and retaining ownership.

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, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  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. 1228 was read by title and, thereafter, Councilman Rezac moved for the final passage of the Ordinance.  The motion was seconded by Councilwoman Gieschen.  The President then stated the question:  “Shall Ordinance No. 1228 be passed and adopted?”  Upon roll call vote, the following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  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.1228 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Rezac moved to approve the appointment of Mark Knudsen to the Keith County Regional Economic Development Investment Committee.  The motion was seconded by Councilwoman Gieschen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, and Jim Rezac.  The following Council Members voted “No”:  None.  Abstain:  Mark Knudsen.  Absent:  None.  Motion declared carried.

Councilman Rezac moved to approve the appointment of Tanya Gieschen to the City/County Storm Water Management Committee.  The motion was seconded by Larry Cumming.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None.    Absent:  None.  Motion declared carried.

Councilman Rezac moved to disband the Spruce Street Station Management Committee.  The motion was seconded by Councilwoman Gieschen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None. Absent:  None.  Motion declared carried.

Council President Foy moved to appoint Ron Mettscher and Merlin Helm to the Planning Commission for a three-year term to begin January 1, 2006.  The motion was seconded by Councilwoman Gieschen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None. Absent:  None.  Motion declared carried.

Council President Foy moved to appoint Robert Curry and Roger Rankin to the Cemetery Advisory Board for a three-year term to begin January 1, 2006.  The motion was seconded by Councilwoman Gieschen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen and Mark Knudsen.  The following Council Members voted “No”:  Jim Rezac. Absent:  None.  Motion declared carried.

Councilwoman Gieschen moved to appoint Nancy Armstrong to the Ogallala Youth Committee for a five-year term to end December 31, 2010, and to appoint Scott Eveland to the Ogallala Youth Committee for a term to end December 31, 2008.  The motion was seconded by Councilman Rezac.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None. Absent:  None.  Motion declared carried.

Council President Foy moved to appoint Allen Cerney and Rae Helm to the Tree Board for a three-year term to begin January 1, 2006.  The motion was seconded by Councilman Rezac.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None. Absent:  None.  Motion declared carried.

Council President Foy closed the public hearing for the Wellhead Protection Plan at 8:37 P.M. 

Councilman Rezac moved to table the adoption of the Wellhead Protection Plan until March 28, 2006.  The motion was seconded by Councilwoman Gieschen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None. Absent:  None.  Motion declared carried.

City Manager Steve Krajewski updated the council on the proposal that was presented to the Nebraska Department of Roads regarding the West Interchange proposal.

Councilman Rezac moved to go into closed session to discuss pending litigation at 8:41 P.M.  The motion was seconded by Councilwoman Gieschen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None. Absent:  None.  Motion declared carried.

Councilman Rezac moved to come out of closed session at 8:52.  The motion was seconded by Councilman Knudsen.  The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None. Absent:  None.  Motion declared carried.

There being no further business to come before the meeting, Councilman Rezac moved to adjourn.  The motion was seconded by Councilman Knudsen. The following Council Members voted “Yes”:  Paul Foy, Larry Cumming, Tanya Gieschen, Mark Knudsen and Jim Rezac.  The following Council Members voted “No”:  None. Absent:  None.  Motion declared carried and the meeting adjourned at 8:53 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  February 14, 2006 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)