REGULAR MEETING OF THE CITY COUNCIL

AUGUST 22, 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 22^ND day of August 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 August 18, 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. The President of the Council stated this meeting is being convened in accordance with the Open Meetings Act and acknowledged a copy of the Open Meetings Act being duly posted in the south east Corner of Council Chambers.

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 August 18, 2006. 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. Councilman Rezac moved to approve the Consent Agenda. The motion was seconded by Councilman Cumming. The following council members voted Yes: Larry Cumming, Paul Foy, Tanya Gieschen, Mark Knudsen, and Jim Rezac. No: None. Absent: None. Motion declared carried and the Consent Agenda was approved as follows:

A. Minutes of Regular Meeting held August 8, 2006.

B. Claims

C. Renewal of Mobile Home Park Licenses

Bob and Lee Batt – Ogallala Court

Del and Beverly Humphrey – Hillcrest Homes

Ralph and Wanda Kirkwood – Northwest Mobile Home Park

Dawn Crum – Crum Court

Claims were approved as follows:

GENERAL FUND:

GENERAL FUND-750.00-SE;PINNACLE BANK-25.00-SE;NFPA--77.45-Ck Rev;DEPT OF ECONOMIC DEVELOP-60.00-SE;STATE OF NEB DEPT OF REV-3,398.89-SIT;125 PLAN -644.00-PRETX; AMERICAN FAMILY INSURANCE-427.88-INS;EFTPS-13,683.63-FIT;HOSPITAL & MEDICAL-6,624.41-INS;ICMA RETIREMENT TRUST 401-238.24-PEN;KANSAS CITY LIFE INS CO-420.63-INS;MANULIFE FINANCIAL-2,574.96-PEN;MANULIFE FINANCIAL-322.25-PEN;MANULIFE FINANCIAL-1,372.54-PEN;NE CHILD SUPPORT CENTER-175.39-P/R;PINNACLE BANK-46,908.00-PP16; 125 PLAN-644.00-PRETX;EFTPS-12,917.68-FIT;HOSPITAL & MEDICAL-13,499.11-INS;ICMA RETIREMENT TRUST 401-238.24-PEN;MANULIFE FINANCIAL-2,479.40-PEN;MANULIFE FINANCIAL-322.25-PEN;MANULIFE FINANCIAL-1,437.66-PEN;NE CHILD SUPPORT CENTER-175.39-P/R;PINNACLE BANK-45,138.24-PP17;21ST CENTURY EQUIPMENT-57.19-SU;ALCO DISCOUNT STORE-58.36-SU;WINDSTREAM ACCTS REC.-49.02-SE;ALLTEL-485.17-SE;ANDESITE ROCK CO-8,338.17-SU;A-ONE SUPPLY-578.06-SU;ARNOLD POOL CO-315.00-SU;AXIS CAPITAL, INC-99.00 -SE;BAKER AND TAYLOR-435.75-SU;BALTZELL VET. CLINIC-30.00-SE;B & D OFFICE SUPPLY-3,463.32-SU;BLACKWOLF BROKERAGE, INC-8,880.21-SE;BOUND TREE MEDICAL, LLC-281.44-SU;BRUCKNER, MIKE-1,263.48-P/R;BUSINESS TELECOMM SYSTEM-146.00-SE;BUENZ DRUG COMPANY-69.97-SU;CAL'S BOOT & SHOE REPAIR-6.42-SU;CASH-WA DISTRIBUTING-779.87-SU;CHARTER COMMUNICATIONS-174.89-SE;TRUE VALUE HOMECENTER-277.64-SU;CONTRACTORS MATERIALS-117.00-SU;CORNHUSKER GLASS INC-64.00-SU;CORRELL REFRIGERATION INC-158.08-SE;COX CHEVROLET & BUICK-73.44-SU;CULLIGAN-152.50-SE/SU;DICKINSON LAND SURVEYORS-500.00-SE;DP ELECTRONICS, LLC-46.98-SU;EICHNER SALES & SERVICE-105.81-SU; EXTREME MACHINE INC-42.00-SE/SU;FARMERS COOP ASSOC-7,053.90-SU;FARM PLAN DEPT-83.75-SU;FRATES FIRE EXTINGUISHER-19.50-SE;FRIESEN CHEVROLET-53.52-SU;FSH COMMUNICATIONS-110.00-SE;FYR-TEK-2,005.01-SE;GALL'S INC-176.97-SU;GALE GROUP-201.88-SU;HART'S AUTO SUPPLY-74.86-SU;HINTON'S LOCK & ALARM-173.95-SE;HUMPHREYS AUTO SUPPLY-130.59-SU;ICMA RETIREMENT-125.00-SE;IDEAL LINEN SUPPLY-177.28-SU;INGRAM-809.98-SU;IMPA-HR-96.25-SE;WASTE CONNECTIONS-551.56-SE;KANSAS CITY LIFE INS CO-427.02-INS;K.C. AREA LEADERSHIP DEV-100.00-SE;KEITH CO AREA DEVELOPMENT-3,750.00-CONTRACT; KEITH COUNTY CLERK-27.50-SE;K.C. HOSPITAL AUTHORITY-29,154.63-SALES TAX;KEITH COUNTY NEWS-660.89-SE;KEITH CO SENIOR CENTER-137.00-SE;KEITH COUNTY TREASURER-12,864.00-SE;KENFIELD ELECTRIC-673.19-SE;KILDARE LUMBER-811.86-SU;KIRKHAM MICHAEL-5,236.50-SE;KINDER MORGAN-1,823.17-SE;KUSTOM SIGNALS-4,936.00-SU;LEAGUE OF NE MUNICIPAL-5,984.00-SE;LINWELD-223.26-SU; LOOKING GLASS MINISTRIES-50.00-SU;L & W TROPHIES-30.45-SU;MASTER'S TRANSPORTATION-354.60-SU;MATT FRIEND TRUCK EQUIP-220.00-SU;MAXSON, CAROL-71.21-SE;MAXWELLS OFF ROAD CENTER-32.50-SU;MCQUILLAN & MCQUILLAN PC-591.00-SE;M C SCHAFF & ASSOC INC-25,618.23-SE;MENARDS FRONT END MANAGER-566.34-SU;MOUL'S MODERN BLDRS-5,481.86-SE;MIDWEST TURF & IRR-287.72-SU;MIDWEST TAPE-22.99-SU;MOSS & BARNETT-728.50-SE;NARSVPD,INC-75.00-SE;NATIONAL GEOGRAPHIC SOC-46.20-SU;NE DEPT OF AERONAUTICS-15,936.72-LOAN;NE LAW ENFORCE TRNG.CTR-50.00-SE;NE PUBLIC POWER DISTRICT-13,335.60-SE;NE DEPARTMENT OF REVENUE-393.06-SALES TAX ;OFFICE SERVICE, INC-542.64-SE/SU; OGALLALA FEED & SEED INC-33.56-SU;OGALLALA MEDICAL GROUP-30.00-SE;OGALLALA WATER DEPT-8,913.23-SE;OGALLALA BACKHOE SERVICE-1,500.00-SE; OLSSON ASSOCIATES-7,874.00-SE;OSHKOSH CLEANERS-161.20-SE;OXMOOR HOUSE-14.90-SE;PACKARD POWER & REPAIR -121.23-SU/SE;PACE SERVICE COMPANY-51.00-SE;PAMIDA INC-86.99-SU;PAULSEN INC-213,859.12-RR ST/SPRUCE ST PYMT;PIONEER AVIATION LLC-2,122.42-CONTRACT ;PLATTE VALLEY AGENCY-284.00-INS;PLUMBING PLUS-340.00-SE;PRO MART-12.00-SE;Q'STRAINT-19.53-SU;QUILL CORPORATION-25.60-SU;QWEST-1,429.65-SE;RANKIN SALES & SERVICES-1,482.59-SU;RANDOM HOUSE-262.56-SU;R & C SPRINKLERS-19.80-SU;RDJ SPECIALTIES, INC-45.72-SU;R & D WELDING & SUPPLY-3.99-SU;REAMS SPRINKLER SUPPLY-254.14-SU;RECORDED BOOKS-5.95-SU;REGIONAL BOOKS, INC-18.38-SU;REIMAN PUBLICATIONS-33.98-SU; RWF INC-692.00-SE;SAFEWAY INC-14.63-SU;SAFETY-KLEEN CORPORATION-268.75-SU;SAPP BROTHERS PETROLEUM-19.83-SU;SERVICEMASTER CLEANING-1,000.74-SE;SHESHUNOFF INFORMATION-469.95-SU;SIMMONS GUN SPECIALTIES -50.89-SU;SNAP-ON TOOLS-47.89-SU;SNELL SERVICES INC-690.04-SU;STERLING MONUMENT CO-123.00-SU;STREICHER'S-172.90-SU;TITAN INDUSTRIES, INC-29.36-SU; TOSHIBA AMERICA INFO SYS-102.53-LEASE;TOWN & COUNTRY SRV INC-149.00-SE;TRUCK & AUTO ALIGN INC-225.00-SE; TURFWERKS-35.77-SU;U S POSTAL SERVICE-82.53-SE;VILLAGER COURTYARD-165.00-SE;VISA-3,901.94-SU;VISA-19.73-SU;WAITE, McWHA & HARVAT-4,447.59-SE;WALDENBOOKS-96.02-SU;WIN DESIGNS-7.00-SE;XEROX CORPORATION-17.02-SE;

SELECT FLEX:

REGIONAL CARE INC-439.88-CLAIMS;REGIONAL CARE INC-188.00-CLAIMS;REGIONAL CARE INC-224.80-CLAIMS;

WATER:

ADAMS BANK & TRUST-25.00-SE;GENERAL FUND-12,340.22-SE;U S POSTAL SERVICE-493.04-SE;GENERAL FUND-250.00-SE;WINDSTREAM ACCTS REC-11.59-SE; ALLTEL-12.51-SE;A-ONE SUPPLY-260.64-SU;CHARTER COMMUNICATIONS-54.95-SE;TRUE VALUE HOMECENTER-91.28-SU;COFFMAN, C.L-141.24-SU;DESIGN SOLUTIONS & INTEG-,877.44-SE;FARMERS COOP ASSOC-792.33 -SU;FYR-TEK-535.91-SU;GENERAL FUND-5,225.00-SE;GREAT PLAINS ONE-CALL SER-41.70-SE;HARCROS CHEMICALS, INC-3,495.10-SU;HUMPHREYS AUTO SUPPLY-62.80-SU;HYDROTEX, INC-156.18-SU;IDEAL LINEN SUPPLY INC-16.82-SE;KILDARE LUMBER-3.02-SU;KINDER MORGAN, INC-6.07-SE;M C SCHAFF & ASSOC INC-2,064.44-SE;MERCANTILE CORPORATE OFF-1.37-SU;MIDWEST ELECTRIC-4,079.60-SE;MUNICIPAL SUPPLY, INC-2,390.70-SU;NEBRASKA MACHINERY CO-1,468.85-SU;NE PUBLIC POWER DISTRICT-6,387.30-SE;NE DEPARTMENT OF REVENUE-8,939.55-SALES TAX;OFFICE SERVICE, INC-87.04-SU/SE;OGALLALA WATER DEPT-5.50-SE;OLSEN'S AGRICULTURAL LAB-75.00-SE;PAULSEN INC-15,507.40-RR ST/SPRUCE ST;QWEST-146.53-SE;SPRINGER'S APPLIANCE-529.00-SU;ST OF NEB-DEPT HEALTH LAB-749.00-SE;TOTAL BACKFLOW RESOURCES-550.00-SE;USA BLUE BOOK-345.90-SU;UTILITIES SECTION - LNM-437.00-SE;VAN KIRK BROS CONTRACTING-46,506.00-CITY SHOP W/S EXT;VISA-140.30-SU;ANDERSON EXCAVATING-16.08-REFUND; BROTT, LEO/GOFF JUDY-11.94-REFUND;CROWE, GAIL-36.09-REFUND;O'HARE, CHRIS-25.50-REFUND; STOGIN, DAVE-22.90-REFUND;

SEWER:

ADAMS BANK & TRUST-25.00-SE;GENERAL FUND-8,949.86-P/R;GENERAL FUND-250.00-SE; ALLTEL-35.22-SE;COFFMAN, C.L-60.00-SE;COMM INTERNET SYSTEMS INC-19.95-SE;FARMERS COOP ASSOC-185.38 -SU;GENERAL FUND-5,650.00-SE;HOLIDAY INN-279.58-SE;HUMPHREYS AUTO SUPPLY-76.68-SU;IDEAL LINEN SUPPLY INC-36.33-SE;WASTE CONNECTIONS INC-76.34-SE;KINDER MORGAN, INC-358.94-SE;MCQUILLAN & MCQUILLAN PC-75.00-SE;M C SCHAFF & ASSOC INC-1,135.83-SE;NE PUBLIC POWER DISTRICT-3,655.72-SE;OGALLALA WATER DEPT-165.67-SE;OGALLALA BACKHOE SERVICE-1,780.40-SE;PAULSEN INC-4,294.55-SE-RR/SPRUCE ST; QWEST-68.15-SE;SIMMERMAN ELECTRIC-3,927.80-SE;USA BLUE BOOK-136.45-SU;UTILITIES SECTION –LNM-437.00-SE;VAN KIRK BROS CONTRACTING-46,506.00-CITY SHOP W/S EXT;VISA-147.50-SU;

MEDICAL BENEFIT:

REGIONAL CARE INC-1,368.78-CLAIMS/INS; REGIONAL CARE INC-7,572.56-REINSUR;REGIONAL CARE INC-3,619.33-CLAIMS/INS;REGIONAL CARE INC-113.60-CLAIMS/INS;

Garrett Unrein, Wildlife Specialist with the United States Department of Agriculture addressed the council regarding the starling population at the Clint Halligan residence at East 8^th and East A Streets.

Clint Halligan appeared before the council regarding the bird population at his residence.

Councilwoman Gieschen moved to authorize the Chief of Police to abate the bird nuisance in the general area of East 8th & East A. The motion was seconded by Councilman Rezac. The following council members voted Yes: Larry Cumming, Paul Foy, Tanya Gieschen, Mark Knudsen, and Jim Rezac. No: None. Absent: None. Motion declared carried.

Councilman Cumming introduced a Resolution determining final levy allocation for the Ogallala Community Redevelopment Authority. 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”: Larry Cumming, Paul Foy, Tanya Gieschen, Mark Knudsen, and James Rezac. The following Council Members voted “No”: None. Absent: None. Motion declared unanimously carried and Resolution No. 1201 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 approve change order number one in the amount of $7,313.08 for a new contract price of $93,012.00. The motion was seconded by Councilwoman Gieschen. The following council members voted Yes: Larry Cumming, Paul Foy, Tanya Gieschen, Mark Knudsen, and Jim Rezac. No: None. Absent: None. Motion declared carried.

Councilman Rezac moved to accept the City Shop Sewer and Water Extension Project and approve final payment of $93,012.00. The motion was seconded by Councilman Knudsen. The following council members voted Yes: Larry Cumming, Paul Foy, Tanya Gieschen, Mark Knudsen, and Jim Rezac. No: None. Absent: None. Motion declared carried.

Councilman Rezac moved to approve the FAA Memorandum of Agreement DTFACE-

07-L-00022. The motion was seconded by Councilman Knudsen. The following council members voted Yes: Larry Cumming, Paul Foy, Tanya Gieschen, Mark Knudsen, and Jim Rezac. No: None. Absent: None. Motion declared carried.

Councilwoman Gieschen moved to not accept the check from Trails Crossing Storage Acct, Series A in the amount of $210,000.00. The motion was seconded by Councilman Rezac. The following council members voted Yes: Larry Cumming, Paul Foy, Tanya Gieschen, Mark Knudsen, and Jim Rezac. No: None. Absent: None. Motion declared carried.

Councilman Rezac moved to authorize the City Manager to give notice of default to all parties with 30 days right to cure default with regard to the Trails Crossing Water Service Agreement. The motion was seconded by Councilman Knudsen. The following council members voted Yes: Larry Cumming, Paul Foy, Tanya Gieschen, Mark Knudsen, and Jim Rezac. No: None. Absent: None. Motion declared carried.

Steve Krajewski, City Manager, briefed the council of the FY 2006-07 budget. The next budget workshop will be held on Friday, August 25, 2006.

There being no further business to come before the council, Councilman Knudsen moved to adjourn. The motion was seconded by Councilman Rezac. All present Council Member voted “Yes”: Absent: None. Motion declared carried and the meeting adjourned at 8:07 P.M.

______________________________

Jane M. Skinner City Clerk

Approved:

________________________________________

Paul Foy

Council President

STATE OF NEBRASKA )

)

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 August 22, 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)