REGULAR MEETING OF THE CITY COUN

REGULAR MEETING OF THE CITY COUNCIL

SEPTEMBER 23, 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 23^thday of September 2008 at 7:30 o’clock P.M. Present were: President of the Council: Darrell Bassett; Council Members: Kevin Block, Mark Knudsen and Harold Peterson. Absent: James Rezac. 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 September 5, 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.

Council President Bassett opened a public hearing regarding a request to rezone property located in a Tract in the SE ¼ of Section 10, Township 13 North, Range 39 West of the 6^th P.M. in Ogallala. The request is to rezone the properties from A-1 Agricultural to C-2 Highway Business District. (The RV Storage Place L.L.C.) at 7:32 P.M.

Ken Knoepfel, Planning and Zoning Administrator and Mike Wheeler addressed the council regarding the request to rezone property located in a Tract in the SE ¼ of Section 10, Township 13 North, Range 39 West of the 6^th P.M. in Ogallala. The request is to rezone the properties from A-1 Agricultural to C-2 Highway Business District. (The RV Storage Place L.L.C.).

Council President Bassett recognized John Sauer for an award received from the Nebraska Department of Health and Human Services Division of Public Health for outstanding service as a water operator for the City of Ogallala.

Rick Van Rotz, Bonnie Bauer, Robert Nelson, and Bill Hill addressed the council regarding the Ogallala Skate Park. A neighborhood petition was presented to the council asking the skate park be closed until a solution can be implemented in solving the abuse which the residents in the immediate area of the skate park are facing. The council will address this issue at the October 14, 2008 City Council Meeting.

Joe Malone addressed the council regarding mobile home park licensing in the City of Ogallala. Mr. Malone requested mobile home park licensing in the City of Ogallala be repealed.

Councilman Knudsen moved to approve the minutes of the special meeting held September 12, 2008. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, and Mark Knudsen. No: None. Abstain: Harold Peterson. Absent: James Rezac. Motion declared carried

Councilman Knudsen moved to appoint Bob Josjor to the Community Redevelopment Authority board. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen and Harold Peterson. No: None. Absent: James Rezac. Motion declared carried.

Councilman Knudsen moved to appoint Linda Block, Kathleen Lute and Dick Wooden to the Library Board for a four year term beginning October 1, 2008. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Mark Knudsen and Harold Peterson. No: None. Abstain: Kevin Block. Absent: James Rezac. Motion declared carried.

Councilman Knudsen amended his prior motion to appoint Bob Josjor to the Community Redevelopment Authority board for a five year term beginning October 1, 2008. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen and Harold Peterson. No: None. Absent: James Rezac. Motion declared carried.

Council President Bassett closed the public hearing regarding a request to rezone property located in a Tract in the SE ¼ of Section 10, Township 13 North, Range 39 West of the 6^th P.M. in Ogallala. The request is to rezone the properties from A-1 Agricultural to C-2 Highway Business District (The RV Storage Place L.L.C.) at 8:08 P.M.

Councilman Knudsen introduced Ordinance 1253, entitled: An ordinance to rezone property located in a Tract in the SE ¼ of Section 10, Township 13 North, Range 39 West of the 6th P.M. in Ogallala. The request is to rezone the properties from A-1 Agricultural to C-2 Highway Business District and moved that the Statutory Rule requiring the reading on three different days be suspended. Councilman Peterson seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Kevin Block, Mark Knudsen, and Harold Peterson. The following Council Members voted “No”: None. Absent: James Rezac. Motion declared carried and the Statutory Rule was declared suspended for the consideration of this Ordinance.

Ordinance No. 1253 was read by title and, thereafter, Councilman Block moved for the final passage of the Ordinance. Councilman Knudsen seconded the motion. The President then stated the question: “Shall Ordinance No. 1253 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Kevin Block, Mark Knudsen, and Harold Peterson. The following Council Members voted “No”: None. Absent: James Rezac. 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. 1253 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Block introduced a resolution establishing water and sewer/wastewater fees for the Special Fee Schedule of the City of Ogallala, Nebraska. President Bassett read the resolution and Councilman Peterson seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Kevin Block, Mark Knudsen, and Harold Peterson. The following council Members voted “No”: None. Absent: James Rezac. Motion declared carried and Resolution No. 1259 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.

Toney Krajewski, Project Coordinator of Tagge Engineering addressed the council regarding the Humphrey’s Pond Renovation Project.

Councilman Knudsen moved to approve Humphrey’s Pond-Pay request #3 (final) for Myers Construction, Inc. in the amount of $50,070.00. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen and Harold Peterson. No: None. Absent: James Rezac. Motion declared carried.

Councilman Peterson moved to approve Humphrey’s Pond-Pay request (final) for Tagge Engineering Consultants, Inc. in the amount of $3,481.85. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen and Harold Peterson. No: None. Absent: James Rezac. Motion declared carried.

Marion Kroeker and Ken Schilz appeared before the council regarding the Community Redevelopment Authority and Keith County Area Development funding for fiscal year 2008-2009.

Mike Mell, Street Superintendent, and Dave Neil of Paulsen’s construction appeared before the council regarding a proposed contract extension on the Spruce Street Project.

Councilman Knudsen moved to amend the time of completion of the Spruce Street Improvements-10th Street North Project from November 26, 2008 to May 18, 2009. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen and Harold Peterson. No: None. Absent: James Rezac. Motion declared carried.

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

A. Application for Right of Way License – Robert Nelson.

B. Minutes of Regular Meeting held September 9, 2008.

C. Claims.

The claims were approved as follows:

GENERAL FUND:

NE DEPART OF REV-224.48-SALES TAX; PINNACLE BANK-25.00-SE; 125 PLAN-532.69-PRETX; DIV OF CHILD SUPPORT-255.61-P\R; DELTA DENTAL-274.18-INS; EFTPS-14,491.71-FIT; HOSPITAL & MEDICAL-9,814.45-INS; ICMA-RC PLAN-300.00-PEN; MANULIFE FINANCIAL-2,921.58-PEN; MANULIFE FINANCIAL-381.09-PEN; MANULIFE FINANCIAL-1,844.62-PEN; NE CHILD SUPPORT CTR-210.93-P\R;PINNACLE BANK-49,196.97-PP18; VALLEY BANK- 909.00-HSA; ST OF NE DEPT OF REV-3,602.76-SIT; WERNER CONSTRUCT-280,578.61-SE; NE DEPART OF REV-25.00-FEE;125 PLAN-532.69-PRETX; AM FAMILY INS-552.53-INS; DIV OF CHILD SUPPORT-255.61-P\R; DELTA DENTAL-305.80-INS; EFTPS-13,305.93-FIT; HOSPITAL & MEDICAL-11,551.74-INS; ICMA-RC PLAN-300.00-PEN; KANSAS CITY LIFE INS CO-430.66-INS; KANSAS PAYMENT CTR-110.80-P\R; MANULIFE FINANCIAL-2,500.98-PEN; MANULIFE FINANCIAL-150.94-PEN; MANULIFE FINANCIAL-923.06-PEN; NE CHILD SUPPORT CTR-210.93-P\R; PINNACLE BANK-45,156.80-PP19; VALLEY BANK-HSA-909.00;4D TRENCHING & EXCAVATING-4,500.00-SE; PLUMBING SOLUTIONS-4,248.75-SE; 21ST CENTURY EQUIP-155.75-SU; ALCO DISCOUNT STORE-196.28-SU; WINDSTREAM - 51.63-SE; ALLTEL-634.09-SE; NAPA OGALLALA-310.55-SU; APOLIUS, RITA-67.20-MILEAGE; ARNOLDS UPHOLSTERY-24.00-SE; ARNOLD POOL CO-2,196.80-SU; ARTERBURN YOUTH FRIENDS- 580.21-SU; BALTZELL VET CLINIC-162.50-SE; BAUER, BERNICE-48.16-MILEAGE; BAUER, JOE-43.68-MILEAGE; BDU.COM-59.98-SU; BEAR GRAPHICS-815.00-SU; BELL CONSTRUCTION-8,103.85-SE; BETTER HOMES & GARDENS-33.07-SE; BIBICAL ARCHAEOLOGY-12.00-SE; BIG SPRINGS EQUIPMENT INC-156.57-SU; BOSS, MARY-5.60-MILEAGE; BOUND TREE MEDICAL-189.17-SU; BOWMAN, THOMAS-63.84-MILEAGE; BRADLEY, REGINA-20.72-MILEAGE; BROTT, MARION-49.00-MILEAGE; BROTT, NORMA-28.00-MILEAGE; BRUCKNER, MIKE-842.32-PP19,20; BRUNICK, HAZEL-61.04-MILEAGE; U-SAVE PHARMACY INC-6.96-SE; CANDY AEROTECH SERVICE-1,000.00-SE; CASH-WA -252.50-SU; CASKEY, KENDRA-225.19-FEE; CHARTER COMMUNICATIONS-190.47-SE; CROUCH/CHURCHICH-896.69-SU; TRUE VALUE HOMECTR-121.53-SU; COLORADO TRUCK EQUIP-352.99-SU; COMMUNITY COLLEGE OF AURO-225.00-SE; CORNHUSKER GLASS -3,104.00-SE; CORRELL REFRIGERATION-602.00-SE; COUNTRY WOMAN-18.00-SE; CRANMORE FIRE PROTECTION-70.00-SE; CUBBAGE, BRENDA-20.00-SE; CULLIGAN-196.24-SE/SU; DAVIS, ANDREA-50.00-SE; EASTER, CHARLOTTE-22.12-MILEAGE; ERVIN, DONALD-15.12-MILEAGE; ERVIN, DOROTHY-7.56-MILEAGE; ERVIN, JOANNE-50.40-MILEAGE;

FARMERS COOP ASSOC-8,226.13-SU; FARM PLAN -48.07-SU; FEGLER, ILO-21.84-MILEAGE; FORTUNE, BILL-81.70-SU; FRENCH, SHELLEY-135.00-FEE; FRICKE, FERN-39.20-MILEAGE; FSH COMMUNICATIONS-67.60-SE; GALL'S -75.98-SU; HASTY, BETSY-17.92-MILEAGE; HEELAN, MARY LOU-5.60-MILEAGE; HINTON'S LOCK & ALARM-84.90-SE/SU; HOLIDAY INN -70.00-FEE; HOME PC SALES & SERVICE-34.00-SU; HUMPHREYS AUTO SUPPLY-540.69-SU; IDEAL LINEN SUPPLY -115.40-SU; INGRAM-1,369.04-SU; INT CITY/CO MNGMT ASSOC-234.00-FEE; WASTE CONNECTIONS-531.69-SE; J BAR J LANDFILL-25.30-SE; KANSAS CITY LIFE-401.64-INS; KEITH CO AREA DEVELOP-4,050.00-CONTRACT; K.C. HOSPITAL AUTHORITY-35,143.51-SALES TAX; KEITH COUNTY NEWS-413.31-FEES; KEITH CO SENIOR CTR-79.50-SE;KEITH COUNTY TREASURER- 9,992.00-SE; KEITH COUNTY DIST COURT-28.00-SE; KENFIELD ELECTRIC-17,607.46-SE; KENFIELD, HARVEY-62.16-MILEAGE; KENFIELD, HOWARD-30.80-MILEAGE; KILDARE LUMBER-182.89-SU; SOURCEGAS-6,053.26-SE; KOSMICKI, MARLENE-15.12-MILEAGE; KRAB, JEANNE-24.08-MILEAGE; LEZOTTE, MARGARET-64.12-MILEAGE; LINWELD-194.60-SU;

CAROLYN LOWITZ-135.00-FEES; MARSHALL CAVENDISH CORP-146.90-SE; MAXWELLS OFF ROAD CTR-258.21-SU; MCBRIDE, ALFREDA-8.40-MILEAGE; MCM TRUCK EQUIP & REPAIR-135.00-SE; MCQUILLAN & MCQUILLAN PC-1,749.00-SE;M C SCHAFF & ASSOC -41,994.00-SE; MENARDS-164.18-SU; MIDWEST TURF & IRR-90.68-SU; MIKE'S TOWING-83.00-SE; MOBILE MEC. MECHANIC SERV-250.00-SE; MOST, KATHY-54.88-MILEAGE; MYERS CONSTRUCTION-50,070.00-SE; NATIONAL GEOGRAPHIC SOC.-16.90-SU; NE LIBRARY COM/THE ATRIUM-848.74-SU; NEBRASKA PRINT WORKS-307.31-SU; NE DEPT OF AERONAUTICS-8,580.00-SE; NELEIN-95.00-FEES; NE PUBLIC POWER DISTRICT-14,058.19-SE; NORTH PLATTE WINNELSON CO-315.00-SU; NSA/POAN CONFERENCE-180.00-FEES; OFFICE SERVICE-716.77-SE; OGALLALA COMMUNITY HOSP-86.70-SE; OGALLALA MEDICAL GROUP-104.00-SE; OGALLALA ROTARY-55.00-DUES; OGALLALA WATER DEPT-9,152.59-SE; OGA INDIAN SUMMER RENDEZ-100.00-SE; SCOTT ENGLAND-840.00-SE; OGALLALA LANDSCAPE SERV-48.95-SU/SE; OLSSON ASSOCIATES-2,500.00-SE; OMAHA WORLD HERALD-189.28-SE; OMB POLICE SUPPLY-131.99-SU;

OSHKOSH CLEANERS-174.00-SE; PACE, BURTON-16.80-MILEAGE; PAMIDA INC-19.98-SU; PAULSEN INC-74,774.89-SE; PRAIRIE STATES COMM-121.05-SU; QWEST-1,457.80-SE; RANKIN SALES & SERVICES-21.00-SU; RANDOM HOUSE-782.75-SU; R & D WELDING & SUPPLY-90.55-SU; REED-JOSEPH INTERN-1,105.00-SU; REIMAN PUBLICATIONS -39.96-SE; RIGGS, BETTY JO-32.48-MILEAGE; ROSE, LOIS-12.60-MILEAGE; RP ENTERPRISES-1,055.00-SE/SU; SAFEWAY INC-7.99-SU; SAUER, WALTER-12.60-MILEAGE;

SCHUESSLER, EMIL-84.00-MILEAGE; SERVICEMASTER CLEANING-929.45-SE; SIMMONS GUN SPECIALTIES-432.20-SU; SIRCHIE FINGER PRINT LABS-213.72-SU; SUNMART-66.49-SU; SPIC & SPAN CLEANERS-4,560.00-SU; STEINKE, VIRGINIA-40.97-SU; STIMSON, RUBY-21.28-MILEAGE; SUMMERS-ZOELLNER FORD-49.12-SU; SUTTON, FERNE-44.52-MILEAGE; TAGGE ENGINEERING CONSULT-3,481.85-SE; THOMSON GALE-3,612.00-SU; THORSON, SUSIE-33.60-MILEAGE; TIME BOOKS-45.90-SU; TOSHIBA AMERICA -102.53-LEASE; TOWN & COUNTRY SRV-3,963.40-SE; TRUCK & AUTO ALIGN-204.57-SU;

TWIN VALLEY COMM-425.45-SU/SE; ULTRAMAX-1,110.00-SU; UNIVERSITY OF NE AT OMAHA-763.25-FEES; U S POSTAL SERVICE-77.66-SE; VAN DIEST SUPPLY COMPANY-6,685.14-SU; VISA-2,108.84-SE; VISA-175.32-SU; WAITE, McWHA & HARVAT-78.00-SE; WAMSLEY, CLARA-21.84-MILEAGE; WERNER CONSTRUCTION-368,030.09-SE; WESTERN PATH CONSULTANTS-52.00-SE; WESTERBUHR, MARGARET-50.40-MILEAGE; WESTERN CONVENIENCE -30.00-SE; WIDHALM, JUDY-5.60-MILEAGE; WILSON, DELMA-50.40-MILEAGE; WIN DESIGNS-85.81-SU; WOLF LANDSCAPE DESIGN-400.00-SE; WORLEY, ALICE-16.52-MILEAGE; XEROX CORPORATION-78.54-LEASE;

SELECT FLEX:

REGIONAL CARE-2,268.17-CLAIMS ;

WATER FUND:

NE DEPART OF REV-10,360.18-SALES TAX; ADAMS BANK &-25.00-SE; U S POSTAL SERVICE-503.36-SE; NE DEPART OF REV-25.00-FEE; 21ST CENTURY EQUIPMENT-11.90-SU; WINDSTREAM-7.76-SE; ALLTEL-114.48-SE; NAPA OGALLALA-306.65-SU; ATCO INTERNATIONAL-188.00-SU; AXIS CAPITAL-99.00-SE; CHARTER COMMUNICATIONS-54.95-SE; TRUE VALUE HOMECENTER-6.58-SU; CORNHUSKER GLASS-258.42-SE; EICHNER SALES & SERVICE-24.26-SU; FARMERS COOP ASSOC-722.07-SU; GENERAL FUND-19,571.12-SE; GREAT PLAINS ONE-CALL -44.55-SE; HARCROS CHEMICALS-4,369.70-SU; HOLIDAY INN-17.62-SU;HUMPHREYS AUTO SUPPLY-101.21-SU; IDEAL LINEN SUPPLY-99.04-SU; JACOBSON SATCHELL CONSULT-532.55-SE; WASTE CONNECTIONS-82.09-SE; KEITH COUNTY NEWS-86.00-SE; KILDARE LUMBER-13.35-SU; SOURCEGAS-42.00-SE; MCQUILLAN & MCQUILLAN -142.00-SE; MIDWEST ELECTRIC-9,046.19-SE; MOUNTAIN PEAK CONTROLS-1,495.00-SE; MUNICIPAL SUPPLY-1,767.84-SU; NE PUBLIC POWER DIST-5,416.77-SE; OFFICE SERVICE-31.28-SU; OGALLALA WATER DEPT-27.12-SE; OLSEN'S AGRICULTURAL LAB-94.00-SE; PLUMBING SOLUTIONS-605.00-SU; QWEST-146.51-SE; R & D WELDING & SUPPLY-26.78-SU; SAFETY-KLEEN CO-142.70-SU; ST OF NE-DEPT HEALTH LAB-14.00-SE; USA BLUE BOOK-168.73-SU; UTILITIES SECTION-510.50-DUES; BALLARD, TAD-35.32-REF; LEDDEN, BONNIE-10.85-REF; COMBS, EILEEN-32.20-REF; ILIFF, SONNY-40.22-REF; HOLZFASTER'S EQUIP-17.62-SU;

SEWER FUND:

ADAMS BANK-25.00-SE; WINDSTREAM-11.39-SE; ALLTEL-34.53-SE; CORNHUSKER GLASS-2.00-SE; EICHNER SALES & SERVICE-27.99-SU; ELECTRIC FIXTURE & SUPPLY-233.27-SU; EMMETT'S REPAIR SHOP-235.00-SU/SE; FARMERS COOP ASSOC-195.35-SE; FARM PLAN 74.60-SU; GENERAL FUND-13,768.19-SE; HUMPHREYS AUTO SUPPLY-52.98-SU; IDEAL LINEN SUPPLY-38.00-SU; JACOBSON SATCHELL CONSULT-2,474.00-SE; WASTE CONNECTIONS-93.42-SE; SOURCEGAS-394.72-SE; LAWSON PRODUCTS-288.46-SU; MIDWEST LABORATORIES-783.30-SE; NPPD-4,516.79-SE; OGALLALA WATER DEPT-40.00-SE; SCOTT ENGLAND-7,320.60-SE; QWEST-197.40-SE; SAFEWAY-42.25-SU; SAPP BROTHERS PETROLEUM-1,242.00-SU; UTILITIES SECTION-510.50-DUES;

YOUTH FUND:

OGALLALA HIGH SCHOOL-475.00-ASSIST;

MEDICAL BEN FUND:

REGIONAL CARE INC-11,503.58-REINS; REGIONAL CARE INC-985.50-CLAIMS;

There being no further business to come before the council, Councilman Block moved to adjourn at 8:40 P.M. Councilman Knudsen seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Mark Knudsen and Harold Peterson. No: None. Absent: James Rezac. Motion declared carried.

______________________________

Jane M. Skinner

City Clerk

Approved:

________________________________________

Darrell G. Bassett

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 September 23, 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)