REGULAR MEETING OF THE CITY COUN

REGULAR MEETING OF THE CITY COUNCIL

FEBRUARY 26, 2008

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 February 2008 at 7:30 o’clock P.M. Present were: President of the Council: Darrell Bassett; Council Members: Mark Knudsen, Harold Peterson and James Rezac. Absent: Kevin Block. Interim City Manager: Jane Skinner; Deputy City Clerk: Naomi Thiesen; 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 22, 2008 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.

Councilman Rezac moved to excuse Councilman Block from the February 26, 2008 council meeting. Councilman Knudsen seconded the motion. The following council members voted Yes: Darrell Bassett, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: Kevin Block. Motion declared carried.

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

A. Fire Department – Resignation of Chenae Carroll Watkins.

B. Fire Department – Probationary Membership of Thomas Cubbage.

C. Minutes of Regular Meeting held February 12, 2008.

D. Claims.

Claims were approved as follows:

GENERAL:

PINNACLE BANK-25.00-SE;CATALOG MARKETPLACE INC–(100.00)-SE;125 PLAN-532.69-PRETX;EFTPS -13,573.81-FIT;MANULIFE FINANCIAL-2,853.34-PEN;MANULIFE FINANCIAL- 351.54-PEN;MANULIFE FINANCIA -1,819.88 -PEN;NE CHILD SUPPORT CENTER -210.93-P/R;PINNACLE BANK- 46,739.66-PP3;STATE OF NEB DEPT OF REV-4,768.89-SIT;125 PLAN - 532.69-PRETX;AMERICAN FAMILY INSURANCE - 552.53 - INS ;DELTA DENTAL-232.16-INS;EFTPS-13,366.37-FIT;HOSPITAL & MEDICAL- 9,994.65-INS;KANSAS CITY LIFE INS CO - 414.00-INS;MANULIFE FINANCIAL-2,880.66 - PEN;MANULIFE FINANCIAL- 345.23- PEN;MANULIFE FINANCIAL- 1,863.82-PEN;NE CHILD SUPPORT CENTER -210.93-P/R ;PINNACLE BANK- 45,381.23-PP4;VALLEY BANK-HEALTH SAVING-753.50- HSA; 21ST CENTURY EQUIPMENT- 350.88- SU/SE; ADAMSON INDUSTRIES CORP-429.95-SU;ALCO DISCOUNT STORE - 131.27-SU;WINDSTREAM ACCTS REC- 43.88-SE;ALLTEL- 513.10-SE;ALIVE OUTSIDE/MI BIKE SHP-12.48- SU;ANDERSON SIGN SERVICE- 97.01 -SU;NAPA OGALLALA - 405.90- SU;ARNOLD POOL CO -1,694.10-SU;AXIS CAPITAL, INC- 99.00- LEASE;BALTZELL VET. CLINIC - 127.50-SE;BELL CONSTRUCT- 366.80-SE;BELL, JAMIE- 239.60- RECRUIT;BRUCKNER, MIKE - 842.32-P/R;CANDY AEROTECH SERVICE-1,000.00-CONTRACT;CASH-WA DISTRIBUTING-34.25-SU;CDW GOVERNMENT -1,705.02- SU; CHARTER COMMUNICATIONS-174.89-SE; TRUE VALUE HOMECENTER -728.79-SU;COFFMAN, C.L - 108.00-SE;CORBIN WILLITS SYSTEMS- 130.00-SE; CORNHUSKER, MARRIOTT HTL- 94.00-SE; CORRELL REFRIGERATION- 70.00-SE;CULLIGAN- 107.00-SE/SU;

DC LTD POLICE TRAINING - 225.00-TRAINING;DEMCO- 172.65 SU;DICKINSON LAND SURVEYORS-150.00 - SE;DP ELECTRONICS -24.99-SU; EICHNER SALES & SERVICE- 38.93-SU;ELLIOTT EQUIPMENT CO- 462.00-SU; EMS BILLING SERVICES -1,305.14-CONTRACT ;FARMERS COOP ASSOC-7,481.88-F UEL;FARM PLAN - 16.29 - SU;FIRST INN GOLD-740.30 -SE;FSH COMMUNICATIONS-120.00-SE;FYR-TEK-187.50-SE;GIESCHEN, TIM-158.52-MI;HINTON'S LOCK & ALARM-346.00-SU;HOLIDAY INN-491.85-SE;HOME PC SALES & SERVICE- 45.00-SU/SE;HORNADY-373.60-SU;HUMPHREYS AUTO SUPPLY-575.48-SU;INT ASSOC OF PLUMBING & - 150.00-SE;ICMA RETIREMENT CORP-125.00-SE;IDEAL LINEN SUPPLY INC-256.79-SU;IMAGE TREND, INC. - 500.00-SE;INGRAM- 964.53-SU;WASTE CONNECTIONS INC - 556.21-SE; J BLAKE EDWARDS LAW OFF- 3,000.00-SE; KANSAS CITY LIFE INS CO- 363.57-INS;KEITH CO AREA DEVELOPMENT - 4,050.00-CONTRACT;K.C. CHAMBER OF COMMERCE -20.00-SU;KEITH CO FIREWORKS FUND- 4,000.00- FUNDING; K.C. HOSPITAL AUTHORITY -26,062.61 -SALES TAX;KEITH CO HISTORICAL SOC- 5,000.00-FUNDING;K.C. HOUSING DEVELOPMENT- 5,000.00- FUNDING;KEITH COUNTY NEWS- 808.18- SE;KEITH CO SENIOR CENTER-13.00-SE;KEITH COUNTY TREASURER- 9,992.00-SE;KIMBERLING, TOD-75.50 - SE/SU;LAB SAFETY SUPPLY INC - 493.86-SU;LABELS, LEADVILLE & LORE- 30.00-SU;LEXIS PUBLISHING - 162.40-SU;LINWELD - 250.55-SU; MCCOOK COMM COLLEGE-2,220.00-SE;MCQUILLAN & MCQUILLAN PC - 1,699.00-SE;MERCANTILE - 37.87-SU;MIDWEST GANG INVESTIGATOR-25.00 - SE;MOSS & BARNETT - 787.50-SE;NE CLERK'S INSTITUTE-390.00- CON FEES;MYERS CONSTRUCTION - 49,500.00-SE;NATL ARBOR DAY FOUNDATION-15.00-DUES ;NEBRASKA PRINT WORKS- 15.00 - SE;NEBRASKA VOLUNTEER FOUNDA - 150.00-CON FEES;NE DEPT OF AERONAUTICS- 880.00-LOAN ;NE PUBLIC POWER DISTRICT- 13,426.83-SE;NE DEPART OF REV-506.77-SALES TAX;OFFICE SERVICE - 1,635.89-SE;OGALLALA COMMUNITY HOSP - 27.00- SE;OGA. CHAMBER OF COMMERCE - 96.46-SE;OGALLALA MEDICAL GROUP - 40.00-SE ;OGALLALA WATER DEPT- 652.95-SE;OGALLALA HIGH SCHOOL-50.00-SU;OSHKOSH CLEANERS - 190.40-SE;PACKARD POWER & REPAIR -106.33-SU;PAMIDA INC - 168.72-SU;PLATTE VALLEY AGENCY -40.00-SE;QUICK ELECTRIC- 89.75-SE;QWEST- 1,418.78-SE;RAGAN COMMUNICATIONS INC- 29.95 -SE;RANKIN SALES & SERVICES - 97.00-SU;RANDOM HOUSE, INC- 687.01-SU;R & D WELDING & SUPPLY - 12.10-SU;RON'S BACKFLOW - 35.00-SE;SAFEWAY INC- 93.29-SU;SEC OF STATE, NOTARY DIV-60.00- FEE;SERVICEMASTER CLEANING -929.45–SE; SUNMART- 14.96 -SU;SNELL SERVICES INC- 245.00-SE; SOUTHWESTERN TITLE AGENCY-150.00 - SE;STEWART II, HAROLD L- 276.09- RECRUIT ;STEINKE, VIRGINIA - 17.13 - SU;TELEGRAPH - 275.50-SE;THOMSON GALE - 112.30-SU;TOSHIBA AMERICA INFO SYS- 102.53- LEASE ;TOWN & COUNTRY SRV INC- 135.20-SE;TRUCK & AUTO ALIGN - 88.00-SE;U S POSTAL SERVICE - 79.26-SE;VISA - 3,920.26-SU;VISA - 841.82-SU;WAITE, McWHA & HARVAT- 96.65-SE; WESTERN CONVENIENCE STORE-36.00-SE; WOLF LANDSCAPE DESIGN- 177.50 -SE;XEROX CORPORATION-17.87-LEASE;

SELECT FLEX:

REGIONAL CARE INC- 1,191.89-CLAIMS;

WATER FUND:

ADAMS BANK & TRUST-25.00- SE;GENERAL FUND - 20,847.67-SE;AM.BACKFLOW PREVENTION - 60.00-CON FEES;ALCO DISCOUNT STORE -3.77- SU;WINDSTREAM -10.44 -SE;ALLTEL - 113.11-SE;NAPA OGALLALA -69.48- SU;CALIFORNIA CONTRACT SUPP - 96.80-SU;CHARTER COMMUNICATIONS - 54.95- SE;TRUE VALUE HOMECENTER - 5.62 -SU;

CORNHUSKER GLASS INC. - 24.36- SE; FARMERS COOP ASSOC- 398.53-SU; GENERAL FUND -5,980.83-SE;GREAT PLAINS ONE-CALL SER - 14.97-SE;HUMPHREYS AUTO SUPPLY - 43.01-SU;IDEAL LINEN SUPPLY INC. - 97.22-SE/SU;JACOBSON SATCHELL CONSULT- 6,336.08 -SE;WASTE CONNECTIONS - 79.70-SE; KILDARE LUMBER -34.40-SU;LAB SAFETY SUPPLY INC- 251.53-SU;LAWSON PRODUCTS- 160.97-SU; LIGHT & SIREN- 656.90-SU;MCQUILLAN & MCQUILLAN PC-50.00 -SE;M C SCHAFF & ASSOC INC- 3,714.00 - SE;MERCANTILE CORPORATE OFF-130.46 -SU;MUNICIPAL SUPPLY- 17.79 - SU;NEBRASKA PRINT WORKS - 146.81-SU;NE PUBLIC POWER DISTRICT-2,228.34-SE;NE DEPARTMENT OF REVENUE -6,048.48-SALES TAX;OFFICE SERVICE - 3.85-SU;OGALLALA READY MIX- 571.08 - SU;OGALLALA WATER DEPT.- 27.82-SE;OLSEN'S AGRICULTURAL LAB - 91.00-SE;PAMIDA - 192.58-SU;PAUL REED CONSTRUCTION- 61,595.07- CONTRACT;QWEST- 146.40- SE;R & D WELDING & SUPPLY- 37.65-SU;R & W ROOFING & SEAMLESS - 235.00- SU ;SAFETY-KLEEN CORPORATION- 274.90 -SU;SUNMART- 13.88 -SU;SNAP-ON TOOLS -23.95 - SU ;ST OF NEB-DEPT HEALTH LAB-13.00-SE;USA BLUE BOOK- 369.14-SU;VIDEO KINGDOM- 13.86 -SU;VISA 471.14 SU;ARIS, ANGEL - 48.25-REF;BERNATCHY, BEVERLY-28.78-REF ;DAVIS, DOUG & MARIE - 53.60-REF;LANDERS, KIMBERLY- 48.73-REF;MILLER, TIM-5.28- REF;RAWSON, MICHAEL - 82.84-REF;RYAN, ANDREW - 43.24-REF;

SEWER FUND:

ADAMS BANK & TRUST-25.00- SE;GENERAL FUND - 12,621.96-SE;U S POSTAL SERVICE - 494.51 - SE;ALLTEL - 34.37-SE;B.A. LAWRENCE LLC- 876.00- SE; COMM INTERNET SYSTEMS -19.95- SE;FARMERS COOP ASSOC - 103.69-FUEL;GENERAL FUND-5,416.67- SE;HOLIDAY INN -163.75-CON FEES;HUMPHREYS AUTO SUPPLY - 199.00-SU;IDEAL LINEN SUPPLY - 55.95-SE/SU;JACOBSON SATCHELL CONSULT - 98.63 -SE;WASTE CONNECTIONS - 90.70-SE;KIMBERLING, TOD - 85.00-SE;NE PUBLIC POWER DISTRICT- 3,366.83-SE;OFFICE SERVICE- 104.23-SU;OGALLALA WATER DEPT- 21.25 - SE;SCOTT ENGLAND - 7,779.00-SE;QUICK ELECTRIC- 62.00 SE;QWEST- 650.01-SE;SAFEWAY INC-63.37-SU;TOWN & COUNTRY SRV - 14.12-SU;

YOUTH COMMITTEE:

ALCO DISCOUNT STORE -16.41-SU; VALENTINO'S- 72.33 -SU;

MEDICAL BEN:

REGIONAL CARE INC. - 2,934.01-CLAIMS;REGIONAL CARE INC- 4,418.46- CLAIMS ; REGIONAL CARE INC- 10,569.32-CLAIMS;REGIONAL CARE INC - 12,841.12-CLAIMS; REGIONAL CARE INC - 679.41-CLAIMS;

Council President Bassett opened a public hearing regarding a request to rezone a proposed subdivision titled Great Western Properties Subdivision Number One located in the south ½ Section 7, Township 13 North, Range 38 West of the 6th P.M. at 7:34 P.M.

Council President Bassett proclaimed March 2, 2008 – March 8, 2008 as National Lutheran Schools Week.

Rod Ruzanic representing the Ogallala Tree Board appeared before the council regarding the Nebraska Community Enhancement Program.

Councilman Rezac moved to approve and certify the list of volunteers, as submitted by the Certification Administrator, as qualified participants in the Volunteer Emergency Responder Recruitment and Retention Act Plan of the City of Ogallala, for 2007. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: Kevin Block. Motion declared carried.

Ogallala Police Chief Kling presented the Ogallala Police Department 2007 annual report.

The responsibility for repair and replacement of supply or service lines was discussed. An ordinance will be prepared for the council’s review at the 3-11-08 council meeting transferring responsibility for repair and replacement of supply lines between the property line and the main from the property owner to the city.

Councilman Rezac moved to accept Old Highway 61 Water Main Replacement project as a completed job. Councilman Knudsen seconded the motion. The following council members voted Yes: Darrell Bassett, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: Kevin Block. Motion declared carried.

Councilman Rezac moved to approve the Old Highway 61 Water Main Replacement – Pay request No. 1 (final) to Paul Reed Construction and Supply, Inc., in the amount of $59,673.07. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: Kevin Block. Motion declared carried.

Council President Bassett closed a public hearing regarding a request to rezone a proposed subdivision titled Great Western Properties Subdivision Number One located in the south ½ Section 7, Township 13 North, Range 38 West of the 6th P.M. at 8:14 P.M.

Councilman Rezac introduced Ordinance 1248, entitled: AN ORDINANCE REZONING THE FOLLOWING DESCRIBED REAL ESTATE: LOT 1 THROUGH 6 OF THE PROPOSED GREAT WESTERN PROPERTIES SUBDIVISION NO. 1 LOCATED IN THE S ½ OF SECTION 7, TOWNSHIP 13 NORTH, RANGE 38 WEST OF THE 6TH P.M. FROM A-1 AGRICULTURAL TO C-4 INTERSTATE HIGHWAY BUSINESS, 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”: Darrell Bassett, Mark Knudsen, Harold Peterson, and James Rezac. The following Council Members voted “No”: None. Absent: Kevin Block. Motion declared carried and the Statutory Rule was declared suspended for the consideration of this Ordinance.

Ordinance No. 1248 was read by title and, thereafter, Councilman Peterson moved for the final passage of the Ordinance. Councilman Rezac seconded the motion. The President then stated the question: “Shall Ordinance No. 1248 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Mark Knudsen, Harold Peterson and James Rezac. The following Council Members voted “No”: None. Absent: Kevin Block. 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. 1248 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Rezac moved to approve the Great Western Properties Subdivision No. 1 located in the S ½ of Section 7, Township 13 North, Range 38 West of the 6th P.M., City of Ogallala, Keith County, Nebraska. Councilman Knudsen seconded the motion. The following council members voted Yes: Darrell Bassett, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: Kevin Block. Motion declared carried.

Police Chief David Kling appeared before the council regarding the unsafe building and request demolition of 1314 East 4th Street (Gerardo & Ana Marie Ortiz).

Councilman Rezac moved to authorize the solicitation of bids to demolish and landfill the structure located at 1314 East 4th Street (Gerardo and Ana Marie Ortiz) and fill in the basement. Councilman Knudsen seconded the motion. The following council members voted Yes: Darrell Bassett, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: Kevin Block. Motion declared carried.

Councilman Knudsen updated the Council regarding the City Manager Hiring Process. We are down to three candidates, Susan Thomas from Ogallala, Harold Stewart of Yuma AZ and Steven Bloomberg of Fort Myers, Florida.

Councilman Peterson moved to retain the services of Gleason and Associates, Inc of St. Paul Minnesota to perform the background checks on the final three candidates consisting of the Basic Background Package including Criminal, Civil and Financial Records search with the results forwarded the City Attorney Michael McQuillan. Councilman Knudsen seconded the motion. The following council members voted Yes: Darrell Bassett, Mark Knudsen, Harold Peterson and James Rezac. No: None. Absent: Kevin Block. Motion declared carried.

Councilman Knudsen suggested the council include Floyd “Pete” Peterson in the interviewing of the final three candidates. Councilman Knudsen will work out the schedule for bringing the three candidates back to the council for final interviews.

Councilman Rezac reported regarding the hospital advisory board and client wait times. The hospital was short staffed during the month of February and the hospital is working on shorter wait times for clients.

Council President Bassett reported on the Midwinter Conference attended by himself and City Clerk Skinner. Council President Bassett reported on his luncheon with Senator Erdman and reported that a great deal was learned at the conference.

There being no further business to come before the council, Councilman Rezac moved to adjourn. Councilman Peterson seconded the motion. All present council members voted “Yes”. Motion declared carried and the meeting adjourned at 8:41 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 February 26, 2008 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)