REGULAR MEETING OF THE CITY COUNCIL

JUNE 26, 2007

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^thday of June 2007 at 7:30 o’clock P.M. Present were: President of the Council: Darrell Bassett; Council Members: Kevin Block, and Harold Peterson. Absent: Mark Knudsen and James Rezac. City Manager: Steve Krajewski; City Clerk: Jane 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 June 22, 2007 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 southeast Corner of Council Chambers.

Council President Bassett opened a public hearing regarding an amendment to the Ogallala Zoning Code allowing a process where beauty and barber shop establishments may be permitted by special exception in R-2 Residential Medium Density zones at 7:32 P.M.

Council President Bassett opened a public hearing regarding a request for special exception to allow a beauty shop establishment on property located at 410 West 10th Street more particularly described as LOT 3 EXCEPT THE EAST 2', BLOCK 32, SEARLE'S 3RD ADDITION at 7:32 P.M.

Councilman Knudsen entered the meeting at 7:33 P.M.

Councilman Rezac entered the meeting at 7:34 P.M.

Dave Baltzell, representing the Friends of the Arterburn Youth Center, LLC, appeared before the council regarding an update of the use of the facility during the previous lease year.

Councilman Knudsen moved to approve the minutes of the Regular meeting held June 12, 2007. Councilman Rezac seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: None. Motion declared carried.

Councilman Block moved to approve the minutes of the Special Meeting held June 15, 2007. Councilman Knudsen seconded the motion. The following council members voted Yes: Kevin Block, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: None. Abstain: Darrell Bassett. Motion declared carried.

Councilman Knudsen moved to approve the claims. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: None. Motion declared carried.

Claims were approved as follows:

GENERAL FUND:

PINNACLE BANK-25.00-SE;125 PLAN-735.00-PRETX;EFTPS-13,615.14-FIT;

HOSPITAL & MEDICAL-9,423.61-INS;ICMA RETIREMENT TRUST 401-256.32-PEN;

MANULIFE FINANCIAL-2,756.71-PEN;MANULIFE FINANCIAL-357.66-PEN;

MANULIFE FINANCIAL-1,699.50-PEN;NE CHILD SUPPORT CENTER-210.93-CS;

PINNACLE BANK-46,077.77-P/R;VALLEY BANK-1,141.41-HSA;NE MOSQUITO & VECTOR CONT-200.00-CON FEE; STATE OF NEB DEPT OF REV-3,402.70-SIT;125 PLAN-735.00-PRETX;AMERICAN FAMILY INSURANCE-502.04-INS; EFTPS-13,269.55-FIT;HOSPITAL & MEDICAL-8,640.55-INS;ICMA RETIREMENT TRUST 401-256.32-PEN;KANSAS CITY LIFE INS CO-434.47-INS;MANULIFE FINANCIAL-2,747.19-PEN;MANULIFE FINANCIAL-357.66-PEN;MANULIFE FINANCIAL-1,701.66-PEN;NE CHILD SUPPORT CENTER-210.93-CS;

PINNACLE BANK-45,353.51-P/R;VALLEY BANK-1,086.91-HSA;21ST CENTURY EQUIPMENT-492.08-SU;ADAMS BANK & TRUST-500.00-CERT;ALCO DISCOUNT STORE-51.37-SU;WINDSTREAM -54.50-SE;ALLTEL-747.94-SE;AMERICAN RED CROSS-88.00-SE;

A-ONE SUPPLY-178.06-SU;ARNOLD POOL CO-5,153.70-SU;AUTOMOTIVE SERVICE SOL-436.41-SE;BALTZELL VET. CLINIC-78.25-SE;B & D OFFICE SUPPLY-192.02-SU;BEAR GRAPHICS-396.30-SU;BIG MAC DIESEL-130.36-SU;BIG SPRINGS EQUIPMENT INC-315.67-SU;B&J SALVAGE-85.00-SU;BOUND TREE MEDICAL-337.63-SU;BRUCKNER, MIKE-842.32-P/R;CASH-WA DISTRIBUTING-484.57-SU;CHARTER COMMUNICATIONS-174.89-SE;CHADA, RON-59.96-SU;TRUE VALUE HOMECENTER-408.89-SU;COFFMAN, C.L.-144.40-SU;CORNHUSKER GLASS INC-173.30-SU;CORNHUSKER INT. TRUCKS-75.66-SU;

CORNHUSKER ST IND-1,018.00-SE;COX CHEVROLET & BUICK-17,357.00-VEHICLE;CUBBAGE, THOMAS-130.15-SU;CULLIGAN-188.75-SE/SU;DEMCO-204.63- -SE; DP ELECTRONICS-130.50-SU;EDM EQUIPMENT CO-265.00-SU;EICHNER SALES & SERVICE-204.16-SU; ELITE PRINTING & GIFT GAL-174.65-SU;ELMSHAEUSER, ROGER-25.00-SU;EMPLOYERS MUTUAL, INC/BSI-97.76-REF;EMS BILLING SERVICES INC-2,147.52-SE; FARMERS COOP ASSOC-7,538.60-SU;FARM PLAN -764.04-SU;FELTZ, PENNEY-225.72-SU;FORTUNE, BILL-40.51-SU;FSH COMMUNICATIONS -120.00-SE;GAYLORD BROS-254.10-SU;GLOCK PROFESSIONAL-150.00-SE;G-M ROAD MARKING-580.06-SU;HANSENS PLBG & HEATING-1,309.98-SU/SE;HART'S AUTO SUPPLY-82.05-SU;HEARTLAND PHILNTHROPY INC-4,000.00-FUNDING;HELM, RAE-18.99-SU;HOWARD JOHNSON RIVERSIDE-1,465.70-CON FEE;HOWARD JOHNSONS RC-83.00-CON FEE;HUMPHREYS AUTO SUPPLY-207.64-SU;IDEAL LINEN SUPPLY INC-357.97-SU;INGRAM-1,220.69-SU;J&A TRAFFIC PRODUCTS-1,932.55-SU;WASTE CONNECTIONS INC-473.58-SE;KANSAS CITY LIFE INS CO-388.95-INS;KEITH CO AREA DEVELOPMENT-4,050.00-CONTRACT;KEITH COUNTY CLERK-22.00-SE;K.C. HOSPITAL AUTHORITY-32,815.11-SALES TAX;KEITH COUNTY NEWS-755.27-SE;KEITH CO SENIOR CENTER-24.50-SU;KEITH COUNTY TREASURER-12,146.00-SE;KENFIELD ELECTRIC INC-287.20-SU; KILDARE LUMBER-296.82-SU;SOURCEGAS-5,198.03-SE;KOCH, SHELLY-20.00-SE;LAWSON PRODUCTS, INC-184.26-SU;LEAGUE OF NE MUNICIPAL-266.58-DUES; LIFEGUARD STORE, INC-1,828.75-SU;LINWELD-134.50-SU;CAROLYN LOWITZ-150.00-SU;MCQUILLAN & MCQUILLAN PC-1,241.50-SE;M C SCHAFF & ASSOC INC-550.00-SE;MICHAEL TODD & CO, INC-472.26-SU;MIDWEST TURF & IRR-175.91-SU;MID-AM OCA-OLA BTTLG-264.22-SU;MOSS & BARNETT-63.00-SE;NE ASSOC OF TRANS PROVIDE-105.00-CON FEE; NE DEPT OF AERONAUTICS-880.00-LOAN;NE LAW ENFORCE. TRNG.CTR-350.00-FEES;NE PUBLIC POWER DISTRICT-10,524.51-SE;NE DEPT OF REV-271.44-SALES TAX;OFFICE SERVICE-994.11-SU/SE;OGALLALA FEED & SEED INC -403.80-SU;OGALLALA READY MIX-14.00-SU;OGALLALA WATER DEPT-941.76-SE;OGALLALA BACKHOE SERVICE-1,135.00-SE;OGALLALA LANDSCAPE SERV-360.50-SU;OMB POLICE SUPPLY-996.56-SU;O'NEAIL, MARTY-300.00-SE;OSHKOSH CLEANERS-184.45-SE; PACKARD POWER & REPAIR-3.70-SE;PAMIDA INC-70.92-SU;PAULSEN INC-527.94-SU;PLATTE VALLEY AGENCY, INC-450.00-INS;POHLMAN, KENNY-831.47-SE/SU;

QUICK ELECTRIC-558.78-SE;QWEST-1,870.53-SE;RANDOM HOUSE, INC-598.96-SU;

RDJ SPECIALTIES, INC-221.95-SU;R & D WELDING & SUPPLY-36.41-SE/SU;REAMS SPRINKLER SUPPLY-756.79-SU;RECORDED BOOKS-11.90-SU;ROYAL CHEMICAL INC-675.49-SU;R & C SPRINKLERS-73.90-SU;SCHWANS-159.10-SU;SCHLAKE, CHRISSA-300.00-SE;SERVICEMASTER CLEANING-1,300.12-SE;SHIVERS, ANNA-24.43-REF;SUNMART-94.61-SU;SPIC & SPAN CLEANERS-1,596.00-SU;SPRINGER'S APPLIANCE-19.00-SU;STARSTRUCK AWARDS-17.76-SU;STULICHS ASPHALT SEALING-2,750.00-SE;TAGGE ENGINEERING CONSULT-615.50-SE;TOSHIBA AMERICA -102.53-LEASE;TOWN & COUNTRY SRV -33.00-SE;TRUCK & AUTO ALIGN INC-410.41-SE;U S POSTAL SERVICE-84.89-SE;VAN DIEST SUPPLY COMPANY-179.00-SU;VATH, LUELLA-100.00-SU;VISA-1,202.88-SU;VISA-404.99-SU;WAITE, McWHA & HARVAT-1,331.20-SE;WEST CENTRAL NE DEV DIST-4,000.00-SE;WESTERN PATH CONSULTANTS-260.00-SE;WESTERN ENGINEERING-3,400.65-SU;WESTERN CONVENIENCE STORE-27.00-SE;WIN DESIGNS-41.96-SE; WRIGHT WATER ENGINEERS-154.40-SE;XEROX CORPORATION-17.02-SE;125 PLAN-735.00-PRETX;EFTPS-14,529.79-FIT;HOSPITAL & MEDICAL-9,162.59-INS;ICMA RETIREMENT TRUST 401-256.32-PEN; MANULIFE FINANCIAL-2,763.61-PEN;MANULIFE FINANCIAL-357.66-PEN;MANULIFE FINANCIAL-1,701.66-PEN;NE CHILD SUPPORT CENTER-210.93-CS;PINNACLE BANK-50,907.14-P/R;VALLEY BANK-1,086.91-HSA;

SELECT FLEX:

REGIONAL CARE INC-300.00-CLAIMS;REGIONAL CARE INC-392.59-CLAIMS;

WATER:

ADAMS BANK & TRUST-25.00-SE;GENERAL FUND-13,355.89-SE;WINDSTREAM ACCTS REC-6.38-SE;ALLTEL-113.71-SE;A-ONE SUPPLY-105.80-SU;AXIS CAPITAL, INC-99.00-SU;CHARTER COMMUNICATIONS-54.95-SE;TRUE VALUE HOMECENTER-16.77-SU;

CORNHUSKER GLASS INC-67.77-SE;COX CHEVROLET & BUICK-29.07-SU;FARMERS COOP ASSOC-655.26-SU;GENERAL FUND-5,687.50-SE;GREAT PLAINS ONE-CALL SER-112.69-SE;HUMPHREYS AUTO SUPPLY-84.11-SU;IDEAL LINEN SUPPLY INC-61.54-SE;

JACOBSON HELGOTH INC-500.00-SE;WASTE CONNECTIONS INC-73.12-SE;SOURCEGAS-52.96-SE;MCMILLAN PLUMBING-862.00-SE; MCQUILLAN & MCQUILLAN PC-58.00-SE;MERCANTILE CORPORATE OFF-13.13-SU;MIDWEST ELECTRIC-3,203.55-SE;

MUNICIPAL SUPPLY, INC-256.21-SU; NEBRASKA PRINT WORKS-99.10-SU;NE PUBLIC POWER DISTRICT-3,614.09-SE;NE DEPARTMENT OF REVENUE-7,245.16-SALES TAX;

NSAWWA HDR ENGINEER INC-100.00-SE;OFFICE SERVICE, INC-10.68 -SU ;OGALLALA READY MIX-11.44-SU;OGALLALA WATER DEPT-23.59-SE;OLSEN'S AGRICULTURAL LAB-78.00-SE;QWEST-147.74-SE;RANKIN SALES & SERVICES-12.84-SU;SUNMART-40.70-SU;

ST OF NEB-DEPT HEALTH LAB-24.00- SE;CZAPLEWSKI, MARJORIE-55.26-REF;DAVIS, DOUG-54.67-REF;GILBERT, ZEBULON-58.95-REF;HOLLIDAY, JULIE-32.90-REF;

METHENY, PENNY-8.06-REF;L & W TROPHIES,-18.05-REF;TAYLOR, KEVIN-8.64-REF;

SEWER:

ADAMS BANK & TRUST-25.00-SE;GENERAL FUND-8,295.00-P/R;U S POSTAL SERVICE-496.62-SE;ALLTEL-34.57-SE;TRUE VALUE HOMECENTER-64.09-SU;COMM INTERNET SYSTEMS INC-19.95-SE; DP ELECTRONICS, LLC-108.97-SU;FARMERS COOP ASSOC-168.70-SU;FARM PLAN DEPT-40.74-SU;GENERAL FUND -5,416.66-SE;HOLMES, BRET-32.94-SU;HUMPHREYS AUTO SUPPLY-38.36-SU;IDEAL LINEN SUPPLY INC-36.65-SE;

JACOBSON HELGOTH INC-300.00-SE;WASTE CONNECTIONS INC-83.21-SE;SOURCEGAS-1,444.99-SE;NE PUBLIC POWER DIST-2,809.16-SE;NE WORKFORCE DEVELOPMENT-288.00-REIMB;NWEA-STEVE CRISLER-110.00-CON FEE;OGALLALA WATER DEPT-24.60-SE;OGALLALA BACKHOE SERVICE-1,980.40-SE;QUICK ELECTRIC-72.00-SE;QWEST-68.72-SE;SHARE CORPORATION-276.00-SU;

YOUTH COMM:

CITY OF OGALLALA-25.00-SE;WEST WIND GOLF CLUB-25.00-SE;CITY OF OGALLALA-100.00-SE;OUTDOOR RECREATION PROD-6,660.00-SU;VISA-119.70-SU;

MEDICAL BEN:

REGIONAL CARE INC-49.00-CLAIMS; REGIONAL CARE INC-2,103.76-CLAIMS;

REGIONAL CARE INC-10,290.55-INS/REG FEE; REGIONAL CARE INC-570.00-CLAIMS;

REGIONAL CARE INC-1,642.48-CLAIMS.

Councilman Rezac moved to approve the Wilkinson Development Replat No. 1, a replat of Lot 2, Wendy’s Plaza located in a portion of the East ½ of Section 7, T. 13N, R. 38 W. of the 6th P.M. Keith County, Nebraska. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: None. Motion declared carried.

Councilman Rezac moved to return the Schmidt Motors Replat No. 1 to the Planning Commission for further review. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: None. Motion declared carried.

Kerri Schroeder appeared before the council regarding a request for special exception to allow a beauty shop establishment on property located at 410 West 10^th Street.

Council President Bassett closed a public hearing regarding an amendment to the Ogallala Zoning Code allowing a process where beauty and barber shop establishments may be permitted by special exception in R-2 Residential Medium Density zones at 7:55 P.M.

Council President Bassett closed a public hearing regarding a request for special exception to allow a beauty shop establishment on property located at 410 West 10th Street more particularly described as LOT 3 EXCEPT THE EAST 2', BLOCK 32, SEARLE'S 3RD ADDITION at 7:55 P.M.

Councilman Rezac introduced Ordinance 1242, entitled: An ordinance amending §153.092 zoning district special uses to the Municipal Code of the City of Ogallala, Nebraska, and moved that the Statutory Rule requiring the reading on three different days be suspended. Councilman Knudsen seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Kevin Block, Mark Knudsen, Harold Peterson, and James Rezac. The following Council Members voted “No”: Darrell Bassett. Absent: None. Motion declared carried and the Statutory Rule was declared suspended for the consideration of this Ordinance.

Ordinance No. 1242 was read by title and, thereafter, Councilman Rezac moved for the final passage of the Ordinance. Councilman Knudsen seconded the motion. The President then stated the question: “Shall Ordinance No. 1242 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Kevin Block, Mark Knudsen, and James Rezac. The following Council Members voted “No”: Darrell Bassett. Absent: None. Abstain: Harold Peterson. 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. 1242 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Rezac moved to approve the request for special exception to allow a beauty shop establishment on property located at 410 West 10th Street more particularly described as LOT 3 EXCEPT THE EAST 2', BLOCK 32, SEARLE'S 3RD ADDITION. Councilman Knudsen seconded the motion. The following council members voted Yes: Mark Knudsen, and James Rezac. No: Darrell Bassett. Absent: None. Abstain: Kevin Block, and Harold Peterson. Motion declared carried.

Councilman Rezac introduced a resolution adopting the Keith County Local Emergency Operations Plan and moved for passage of said resolution. President Bassett read the Resolution and Councilman Block seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Kevin Block, Mark Knudsen, and Jim Rezac. The following Council Members voted “No”: None. Absent: None. Abstain: Harold Peterson. Motion declared carried and Resolution No. 1226 adopted, a copy of said Resolution being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Steve Krajewski, City Manager addressed the council regarding the drainage near Canyon Drive. The roads have been determined to be public roads and the City will continue to work with the City Engineers, the Army Corps of Engineers and the homeowners in the area to resolve the issue.

Steve Krajewski, City Manager addressed the council regarding the June 11-13 storm damage. Damage to a dam located north of the lower soccer field at Western Diamonds was discussed. The dam does not need to be rebuilt, but reshaped and seeded for erosion control.

Steve Krajewski, City Manager addressed the council regarding the municipal code update.

There being no further business to come before the council, Councilman Block moved to adjourn. Councilman Knudsen seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen, James Rezac, and Harold Peterson. No: None. Absent: None. Motion declared carried and the meeting adjourned at: 8:21 P.M.

____________________________

Jane M. Skinner

City Clerk

Approved:

________________________________________

Darrell G. Bassett

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 June 26, 2007 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

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