REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 24, 2009
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 24th day of February 2009 at 7:30 o’clock P.M. Present were: Council Members: Stacey Bauer, Kevin Block, Mark Knudsen and Harold Peterson. Absent: President of the Council: Darrell Bassett; Also present: City Manager: Harold Stewart; 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 February 20, 2009 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 Block moved to excuse Council President Bassett from the February 24, 2009 City Council Meeting. Councilman Bauer seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, Mark Knudsen and Harold Peterson. No: None. Absent: Darrell Bassett. Motion declared carried
Councilman Block moved to approve the consent agenda. Councilman Peterson seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: Darrell Bassett. Motion declared carried and the consent agenda was approved as follows:
A. O.V.F.D. – Probationary Membership of Chris Patin.
B. Claims.
Claims were approved as follows:
GENERAL FUND:
GENERAL FUND-750.00-SE; PINNACLE BANK-25.00-SE; COUNTRY WOMAN-(18.00)-REV; CREDIT MANAGEMENT- (316.10)-REV; 125 PLAN-951.84-PRETX; EFTPS-14,419.00-FIT; ICMA-300.00-PEN; MANULIFE FINANCIAL-2,647.24-PEN; MANULIFE FINANCIAL-166.48-PEN; MANULIFE FINANCIAL-967.48-PEN; NE CHILD SUPPORT-210.93-P/R; PINNACLE BANK-48,547.15-PP3; ST OF NE DEPT-5,351.50-SIT; 125 PLAN-951.84-PRETX; AM FAMILY IN-582.13-INS;DELTA DENTAL-327.09-INS; EFTPS-14,013.41-FIT; HOSPITAL & MEDICAL-12,580.74-INS; ICMA-300.00-PEN; KANSAS CITY LIFE -449.30-INS ;MANULIFE FINANCIAL-2,665.05-PEN; MANULIFE FINANCIAL-164.25-PEN; MANULIFE FINANCIAL-1,053.66-PEN; NE CHILD SUPPORT-210.93-P/R; PINNACLE BANK-47,238.33-PP4; VALLEY BANK-809.50-HSA; ADAMS-13,000.00-CONTRIB; ALCO-312.99-SU; WINDSTREAM-67.83-SE; AM LIBRARY ASSOC-109.00-SU; NAPA OGALLALA-310.34-SU; ARNOLD POOL-1,070.55-SU; AXIS CAPITAL-99.00-LEASE; BANEY, CHAD-316.10-P/R; BAUER, STACEY-59.00-REIMB; B & D OFFICE SUPPL-59.88-SU; BLOCK, KEVIN-59.00-REIMB; BOUND TREE MEDICAL-639.04-SU ;BOURQUE, RICHARD-106.00-REIMB; BROWNE, SUZANNE-139.39-REIMB; BRUCKNER, MIKE-842.32-P/R; U-SAVE PHARMACY-115.52-SU; CANDY AEROTECH SER-1,000.00-CONTRACT; CASH-WA DISTRIB-269.75-SU; CASKEY, KENDRA-19.99-SU; CHARTER COMM-174.89-SE; CHIEF SUPPLY-100.98-SU; TRUE VALUE-12.15-SE; COFFMAN, C.L-10.00-SU; COLORADO TRUCK EQU-510.58-SU; CORNHUSKER GLASS-25.00-SU; COUNTRY INN & SUIT-630.00-SE; CULLIGAN-172.00-SE; DENVER NEWSPAPER -144.95-SE; DP ELECTRONICS-9.99-SU; EICHNER SALES-155.03-SE; ELECTRIC FIXTURE-568.00-SU; ELLIOTT EQUIPMENT-50.84-SU; ENDURANCE FLAG CO-234.00-SU; FARMERS COOP -3,711.69-SU; FARM PLAN-177.11-SU; FEHRINGER, BERNARD-100.00-REIMB; FELTZ, PENNEY-259.30-SU; FIREGUARD-157.65-SU; FORTUNE, BILL-33.98-SU; FSH COMM-60.00-SE; GUMDROP BOOKS-2,182.10-SU; HEARTLAND PHILNTHR-4,000.00-CONTRACT; HOLIDAY INN-639.50-HOME PC SALES & SE-31.00-SU; HUMPHREYS AUTO SUP-196.30-SU; ICMA MEMBER SERVICE-300.00-SE; IDEAL LINEN SUPPLY-270.87-SE;
IMAGE TREND, INC-500.00-SE; INGRAM-1,464.03-SU; WASTE CONNECTIONS-574.24-SE; J BLAKE EDWARDS-3,000.00-SE; JUDY'S UPHOLSTERY-25.00-SE; KANSAS CITY LIFE -414.33-INS; KC AREA DEV-4,050.00-CONTRACT; KC CLERK-11.00-SE; K.C. CHAMBER OF CO-30.00-SU; K.C. HOSPITAL AUTH-26,007.68-SALES TAX; KC NEWS-490.78-SE;
KC SENIOR CTR-23.50-SE; KC TREAS-11,939.33-SE; KENFIELD ELECTRIC-113.11-SU; KILDARE LUMBER-172.75-SU; KIMBALL MIDWEST-92.48-SU; KLING, DAVID-120.00-REIMB; SOURCEGAS-13,143.07-SE; KNOEPFEL, KEN-106.00-REIMB; KNUDSEN, MARK-59.00-REIMB; LEAGUE OF NE MUNIC-999.00-REIMB; LIBRARY JOURNAL-101.99-SE; LINWELD-425.20-SU; LYNN PEAVEY CO-123.00-SU; LYNN CARD CO-106.20-SU; MARSHALL CAVENDISH-146.90-SU; MATT FRIEND TRUCK-267.75-SU; MCQUILLAN & MCQUILLAN-1,258.00-SE; MED-TECH RESOURCE-304.16-SU; MICHAEL TODD & CO-38.55-SU; MID-PLAINS COMM-1,580.00-FEES; MID AMERICAN SPECI-261.58-SU; MIDWEST RADAR & EQ-120.00-SE; MIKE'S TOWING-85.00-SE; MOCIC-150.00-DUES;
MOSS & BARNETT-594.00-SE; NE SALT & GR-3,364.18-SU; NE SOCIETY OF FIR-774.25-SU; NE PRINT WORKS-116.90-SE; NPPD-12,474.43-SE; NE SUPREME CRT PUB-68.60-SU; OFFICE SERVICE-617.15-SE/SU; OGALLALA COMM-62.40-SE; OGALLALA ROTARY-110.00-DUES; OGALLALA WATER -690.64-SE; OG VOL FIRE D-100.00-FEES; SCOTT ENGLAND-60.00-SE; OLSSON ASSOC-35,552.30-SE; OSHKOSH CLEANERS-169.00-SE; PALMER MONUMENT-150.00-SE; PARKS, DOUGLAS-80.00-REIMB; PAUL, JEFF-106.00-REIMB; PLATTE VALLEY AG-766.00-INS; PRAIRIE STATES COM-92.50-SE; PUBLIC SAFETY CTR-819.23-SU; QWEST-1,442.66-SE; RANDOM HOUSE-113.74-SU; RDJ SPECIALTIES-243.62-SU; R & D WELDING-109.00-SE/SU; REIMAN PUBLICATION-12.98-SE; RIGGS, BETTY JO-85.92-SU; ROBINSON, DARREN-165.00-REIMB; SAPP BROTHERS PETR-21.46-SU; SCHMIDT MOTORS-12.04-SU; SCHILZ, KEN-100.00-REIMB; SEITLER, STEVE-11.77-REIMB; SERVICEMASTER-08.82-SE; SUNMART-5.40-SU; SKINNER, JANE-74.00-REIMB; SPRINGER, KRIS-49.00-REIMB; STEVE'S BODY & PAINT-225.00-SE; STEINKE, VIRGINIA-9.00-REIMB; TELEGRAPH-292.00-SE; THIESEN, NONI-74.00-REIMB; THIS OLD HOUSE-12.00-SE; TIME BOOKS-45.90-SE; TOSHIBA AMERICA IN-205.06-LEASE; TRUCK & AUTO ALIGN-88.00-SE; UAVWF-UPPER ARKANS-520.00-FEES; UNIV OF NE-150.00-FEES; UNIV OF NE-84.50-FEES; U S POSTAL SERVICE-203.66-SE; VALENTINO'S-54.00-SU; VISA-861.68-SU; VISA-13.78-SU; WAITE, McWHA & HAR-2,884.50-SE; WEIS FIRE AND SAFE-502.00-SU; WELLS DESIGN-540.00-SE; WESTERN PATH CONSULT-52.00-SE; WESTERN CONVEN-15.00-SE; XEROX CO-18.76-LEASE;
MEDICAL BENEFIT FUND:
REGIONAL CARE INC-463.40-CLAIMS; REGIONAL CARE INC-129.93-CLAIMS; REGIONAL CARE INC-435.00-CLAIMS;
WATER FUND:
ADAMS-25.00-SE; AM.BACKFLOW PREVEN-65.00-FEES; WINDSTREAM-6.55-SE; NAPA OGALLALA-52.83-SU; BATT, CHRIS-31.00-REIMB; CHARTER COMM-54.95-SE; TRUE VALUE-47.68-SU; COFFMAN, C.L.-4.28-SU; CORNHUSKER GLASS-51.74-SE; CREDIT MANAGEMENT-19.91-CONTRACT; DP ELECTRONICS-4.27-SU; FARMERS COOP ASSOC-288.17-SU; GENERAL FUND-27,927.20-SE; GREAT PLAINS -18.83-SE; HD SUPPLY WATERWORK-1,075.64-SU; HUMPHREYS AUTO -305.94-SU; IDEAL LINEN SUPPLY-164.19-SE; JACOBSON SATCHELL-1,405.00-SE; WASTE CONNECTIONS-88.66-SE; KILDARE LUMBER-53.92-SU; SOURCEGAS-1,482.88-SE; LAWSON PRODUCTS-83.92-SU;MERCANTILE CO-21.39-SU; MIDWEST ELECTRIC- 5,104.13-SE; MUNICIPAL SUPPLY-10.40-SU; NE MACHINERY-365.57-SU; NPPD-2,502.20-SE; OFFICE SERVICE-20.28-SU; OG WATER-35.20-SE; OLSEN'S AGRICULTURE-98.00-SE; PAMIDA -29.94-SU; QWEST-146.03-SE; SAFETY-KLEEN CO-155.53-SU; SCHMIDT MOTORS-43.04-SU; SUNMART -2.99-SU; ST OF NE-14.00-SE; U S POSTAL SERVICE-51.61-SE; VAN PELT, BEN-92.00-REIMB.
SEWER FUND:
ADAMS-25.00-SE; U S POSTAL SERVICE-484.97-SE; B.A. LAWRENCE-876.00-SE; BOWE'S PORTABLE WELDING-67.50-SU; TRUE VALUE-431.28-SU; FARMERS COOP ASSOC-65.97-SE; GENERAL FUND-12,533.75-SE; HACH COMPANY-3,473.95-SU; HUMPHREYS AUTO SUP-51.41-SU; IDEAL LINEN SUPPLY-24.39-SE; WASTE CONNECTIONS-100.90-SE; SOURCEGAS-4,363.72-SE; MAX-LIFE MFG CO-659.00-SU; MCMILLAN PLUMBING-160.00-SE; MUNICIPAL AUTO-602.67-SE; NPPD-3,093.04-SE; OGALLALA COMMUNITY-31.20-SE; OGALLALA WATER-44.75-SE; SCOTT ENGLAND-350.00-SE; QUICK ELECTRIC-1,680.58-SU; QWEST-197.16-SE; T.O. HAAS-14.00-SE; WESTERN PATH CONSULT-26.00-SE.
MEDICAL BENEFIT FUND:
ALMQUIST,MALTZAHN,-336.81-AUDIT; REGIONAL CARE INC-29,010.96-CLAIMS;
Councilman Knudsen opened a public hearing regarding the One and Six Year Street Improvement Project at 7:32 P.M.
Mike Mell, Street Superintendent addressed the council regarding the City of Ogallala One and Six Year Street Improvement Project.
Councilman Block moved to approve the minutes of the Regular Meeting held February 10, 2009. Councilman Bauer seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, and Mark Knudsen. No: None. Abstain: Harold Peterson. Absent: Darrell Bassett. Motion declared carried.
Councilman Bauer moved to approve a Discharge of Firearms Permit for The Mercantile for an event to be held February 26, 2009 from 10 A.M. to 2 P.M. Councilman Peterson seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: Darrell Bassett. Motion declared carried.
City Manager Stewart announced that the position of Economic Development Coordinated has been filled by James Bischoff. Mr. Bischoff will be starting on April 1, 2009.
City Manager Stewart recognized the panel that worked as part of the Economic Development Coordinator Advisory Panel. Recognized in attendance were Pete Peterson, Stacey Bauer, Caleb Johnson, Herb Knudsen, and Brian Vasa. Also recognized were Jack Quinlivan, Charlie Wortman, Bob Edwards, Karl Elmshaeuser, and Lonnie Peters.
Councilman Bauer move to amend Ordinance 1257 to strike the final sentence under the section of Required Conduct reading, no vendor shall sell any graffiti implements to any person under the age of eighteen (18) years of age unless accompanied by an adult parent or guardian. Councilman Block seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: Darrell Bassett. Motion declared carried.
Councilman Bauer introduced Ordinance 1257. Vice President Knudsen read Ordinance 1257 by title, an ordinance adding sections 27-301, 27-302, 27-303, 27-304, 27-305, 27-306, 27-307, and 27-308 to the Municipal Code of the City of Ogallala, Nebraska to designate a code for graffiti. Vice President Knudsen announced that Ordinance 1257 was read for the first time.
Councilman Peterson moved to approve Maintenance Agreement No. 43 between the Nebraska Department of Roads and the City of Ogallala, Nebraska for calendar year 2009. Councilman Bauer seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: Darrell Bassett. Motion declared carried.
Councilman Bauer 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 2008. Councilman Peterson seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: Darrell Bassett. Motion declared carried.
Morgan McClure, Dave Kling, Scott Ellard, Bob Nelson, Jarrod Curtis and Caleb Johnson addressed the council regarding the Ogallala Skate Park.
Councilman Peterson moved to leave the skate park at Collister Park, but move it to the lot south of the recreation center. Councilman Knudsen seconded the motion. The following council members voted Yes: Stacey Bauer, Mark Knudsen, and Harold Peterson. No: Kevin Block. Absent: Darrell Bassett. Motion declared carried.
Vice President Knudsen closed a public hearing regarding the One and Six Year Street Improvement Project at 8:49 P.M.
Councilman Peterson introduced a resolution establishing the one and six year highway and street improvement program for the City of Ogallala, Nebraska. Vice President Knudsen read the resolution and Councilman Block seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. The following council Members voted “No”: None. Absent: Darrell Bassett. Motion declared carried and Resolution No. 1266 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.
Councilman Bauer moved to approve the bid specifications and opening dates for the demolition of the abandoned wastewater treatment facility as presented. Councilman Block seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: Darrell Bassett. Motion declared carried.
City Manager Stewart addressed the council regarding the city efforts on the Federal Stimulus Package. The consensus of the group is to direct City Manager Stewart and Council President Bassett to voice concerns to representatives regarding the city’s frustration in ways to secure Federal Stimulus money.
City Manager Stewart addressed the council regarding LB640 Sales Tax Refund Letter of Support. This Legislative Bill would allow a city to opt out of the Nebraska Advantage Tax Credit Program. The consensus of the council is to direct City Manager Stewart to provide letter of support of LB640.
There being no further business to come before the council, Councilman Block moved to adjourn at 9:15 P.M. Councilman Bauer seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: Darrell Bassett. Motion declared carried.
_____________________________
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 24, 2009 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)