REGULAR MEETING OF THE CITY COUN

REGULAR MEETING OF THE CITY COUNCIL

MARCH 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 24^thday of March 2009 at 7:30 o’clock P.M. Present were: President of the Council: Darrell Bassett; Council Members: Stacey Bauer, Kevin Block, Mark Knudsen and Harold Peterson. Absent: None; 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 March 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 approve the consent agenda. Councilman Bauer seconded the motion. The following council members voted Yes: Darrell Bassett, Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: None. Motion declared carried and the consent agenda was approved as follows:

A. Minutes of the Regular Meeting held March 10, 2009.

B. Claims.

The claims were approved as follows:

GENERAL FUND:

Ne Dep Of Rev-422.60-Sales Tax; Pinnacle Bank-25.00-Se; 125 Plan-951.84- Pretax; Delta Dental-327.09-Ins;Eftps-13,941.26-Fit; Hospital & Medical-12,580.74-Ins;Icma-Rc-300.00-Pen; Manulife Financial-2,607.07-Pen;Manulife Financial-164.25-Pen; Manulife Financial-969.94-Pen;Ne Child Support Center-210.93-P/R; Pinnacle Bank-46,682.21-Pp5;Valley Bank-809.50-Hsa; St Of Ne Dept Of Rev-3,595.08-Sit;125 Plan-951.84-Pretax; Am Family Ins-552.53-Ins; Delta Dental-316.41-Ins; Eftps-14,262.77-Fit; Hospital & Medical-12,388.09-Ins; Icma-325.00-Pen; Kansas City Life -438.96-Ins; Manulife Financial-2,556.97-Pen;Manulife Financial-164.25-Pen; Manulife Financial-1,051.89-Pen; Ne Child Support Center-210.93-P/R; Pinnacle Bank-47,532.28-Pp6; Valley Bank-809.50-Hsa; 21st Century Equip-115.29-Su; Abdo Publishing Co-488.50-Su; Access Elevator & Lifts-880.00-Se; Alco -41.60-Su; Windstream-14.13-Se; Americinn-227.76-Se; Napa Ogallala-90.43-Su; Apwa-Mid Am Confer-137.00-Dues; Arnold Pool Co-7,451.50-Su; Baltzell Vet. Clinic-77.50 Se; Baney, Chad-134.00-Meals; The Hamilton Group-555.46-Su; Bruckner, Mike-842.32-P/R; Candy Aerotech Service-1,000.00-Contract; Cash-Wa -209.00-Su; Caskey, Kendra-80.00-Reimb;Charter Communications-174.89-Se; True Value-41.90-Se; Coffman, C.L.-140.00-Se/Su; Cornhusker Glass-18.48-Se; Cornhusker, Marriott -912.00-Se; Cranmore Fire Protection-1,107.00-Se; Cubbage, Brenda-35.00-Se; Culligan-107.00-Su/Se; Dp Electronics-33.98-Su; Eichner Sales & Service-254.74-Su; Ems Billing -2,690.90-Contract; Extreme Machine -52.50-Se; Farmers Coop Assoc-4,057.27-Su; Farm Plan -124.10-Su; Fortune, Bill-21.35-Reimb; Fsh Communications-60.00-Se; Fyr-Tek-1,200.00-Su; Gaston, Kathryn-450.56-Ref; Herman, James-62.00-Meals; Hhs Reg &Licensure-120.00-Se; Holiday Inn-Mid-64.95-Se; Holiday Inn Express-420.00-Se; Holiday Inn Downtown-294.00-Se; Hotsy Equipment -96.00-Su; Howard Johnson Riverside-826.72-Se; Hudiburgh, Thomas-90.00-Meals; Humphreys Auto Supply-263.56-Su;Ideal Linen Supply-310.91-Su; Ingram-1,777.06-Su; Waste Connections-574.24-Se; Kansas City Life-414.33-Ins; Keith Co Area Develop-23,326.29-Con/Lottery; Keith Co Clerk-22.00-Se; Keith Co Crime Stoppers-500.00-Funding; K.C. Hospital Authority-31,800.89-Sales Tax; Keith Co News-680.66-Se; Keith Co Senior Ctr-20.00-Se; Keith Co Treasurer-11,939.34-Se; Kenfield Electric -126.82-Su; Kents Towing-75.00-Se; Kildare Lumber-87.72-Su; Sourcegas-10,083.73-Se; Kolsrud, Rodney-11.00-Meals; Lacal Equipment -136.99-Su; League Of Ne Municipal-1,018.00-Fees; League Of Kansas Municipal-90.00-Se; Linweld-182.70-Su; Carolyn Lowitz-11.00-Meals; Lynn Peavey Co-42.50-Se; Mcm Truck Equip & Repair-135.00-Se; Mcmillan Plbg-336.00-Se; Mcquillan & Mcquillan-1,558.00-Se; Med-Tech Resource-246.35-Su; Menards -78.08-Su; Midland Telecom Inc-29.00-Su/Se; Mike's Towing-83.00-Se; Mobile Mec. Mechanic Serv-100.00-Se; Moss & Barnett-2,006.00-Se; National Geographic Soc-39.95-Su; Ne Salt & Grain Co-5,377.94-Su; Ne Society Of Fire Serv-118.60-Se; Ne Print Works-164.40-Su; Ne Dept Of Aeronautics-1,760.00-Lease; Nppd-11,901.37-Se; Newman Signs-973.16-Su; Office Service-844.83-Su; Ogallala Community Hosp-62.40-Se; Ogallala Ready Mix-920.00-Se; Ogallala Rotary-165.00-Fees; Ogallala Water Dept-606.45-Se; Scott England-320.00-Se; Olsson Assoc-29,762.79-Se; Omb Express Police Supply-504.82-Su; Oshkosh Cleaners-169.00-Se; Pamida -61.13-Su; Paulsen-332.10-Su; Platte Valley Agency-281.00-Ins;Public Safety Ctr-939.49-Su; Quill Corp-103.50-Su;Qwest-1,613.70-Se; Random House-406.50-Su; Rechsteiner, Jeremy-67.00-Meals; Schmidt Motors-42.38-Su; Chmer, Wes-106.00-Meals; Servicemaster Cleaning-519.88-Se; Simmons, Cory-400.00-Se; Sunmart-8.77-Su; St Of Ne Off Of Cio-5.00-Su; Stryker Medical-82.22-Su; Stulichs Asphalt Sealing-560.00-Se; Super 8 Motel-Gi-151.20-Se; Thompson, Brent-189.49-Reimb; Toshiba America -102.53-Lease; Town & Country Srv-701.04-Se/Su; Truck & Auto Align -662.61-Se; Uavwf-65.00-Fees; U S Postal Service-77.66-Se; Visa-2,268.45-Su; Visa-181.76-Su; Weis Fire And Safety Equi-160.49-Su; Western Path Consultants-52.00-Se; Western Convenience-21.00-Se; West Coast Promotions-220.85-Su; Wright Water Engineers-23,565.00-Se; Xerox Corp-18.76-Lease.

MEDICAL BENEFIT:

Regional Care Inc-2,005.19-Claims.

WATER FUND:

Ne Depart Of Rev-7,148.89-Sales Tax; Adams Bank-25.00-Se; U S Postal Service-484.97-Se; Alco-17.08-Su; Napa Ogallala-5.70-Su; Axis Capital-99.00-Lease; Brown's Shoe Fit Co-80.24-Su; Charter Communications-54.95-Se; True Value-15.47-Su; Cornhusker Glass-87.06-Se; Cranmore Fire Protection-187.00-Se; Engineered Systems-385.20-Su; Farmers Coop Assoc-321.64-Su; General Fund-20,740.26-Se; Great Plains One-Call Ser-18.18-Se; Hd Supply Waterworks-163.01-Su; Humphreys Auto Supply-106.89-Su; Ideal Linen Supply-99.23-Su; Jacobson Satchell Consult-2,090.28-Se;Waste Connections -88.66-Se; Kildare Lumber-17.85-Su; Kimball Midwest-74.65-Su; Sourcegas-1,157.50-Se; Lawson Products-125.98-Su; League Of Ne Municipal-105.00-Fees; Mcquillan & Mcquillan Pc-17.00-Se; Midwest Electric-4,288.81-Se; Municipal Supply-6,431.69-Su; Nppd-2,012.16-Se; Office Service-44.55-Su; Ogallala Water Dept-26.72-Se; Olsen's Agricultural Lab-70.00-Se; Quick Electric-34.77-Su; Qwest-146.03-Se; R & D Welding & Supply-10.23-Su; St Of Ne-Dept Health Lab-15.00-Se; Rodriquez, Jesus-41.93-Ref.

SEWER FUND:

Adams Bank -25.00-Se; Farmers Coop Assoc-67.38-Su; General Fund-12,505.51-Se; Humphreys Auto Supply-55.26-Su; Ideal Linen Supply-58.10-Su; Jacobson Satchell Consult-1,112.00-Se;Waste Connections-100.90-Se; Keith Co News-35.40-Se; Kenfield Electric -760.91-Se; Sourcegas-3,886.12-Se; League Of Ne Municipal.-35.00-Fees;Mcquillan & Mcquillan Pc-25.00-Se; Ne Print Works-1,397.83-Su;Nppd-2,837.55-Se; Ogallala Water Dept-44.84-Se; Scott England-2,997.20-Se; Qwest-197.16-Se; Video Kingdom-15.00-Su; Water Environ Federation-53.00-Dues;

YOUTH FUND:

City Of Ogallala-50.00-Assist; Ogallala Wrestling-75.00-Assist; Luis, Juarez-275.00-Se;

Council President Bassett announced that Ordinance 1257 was introduced and read for the first time on February 24, 2009, and the second time on March 10, 2009. Council President Bassett read the ordinance, 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. President Bassett announced that Ordinance 1257 has now been read for the third time, and, thereafter, Councilman Bauer moved for the final passage of the Ordinance. Councilman Block seconded the motion. The President then stated the question: “Shall Ordinance No. 1257 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. The following Council Members voted “No”: None. Absent: none. 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. 1257 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Bauer introduced a resolution adopting and approving the execution of an agency agreement with the Department of Aeronautics of the State of Nebraska for Project No. X01, to be submitted by the Department to the Federal Aviation Administration to obtain Federal assistance for the Development of the airport. Council President Bassett read the resolution and Councilman Block seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. The following council Members voted “No”: None. Absent: None. Motion declared carried and Resolution No. 1268 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.

Councilman Block introduced a resolution adopting and approving the execution of an agency agreement with the Department of Aeronautics of the State of Nebraska for Project No. G02, to be submitted by the Department to the Federal Aviation Administration to obtain Federal assistance for the Development of the airport. Council President Bassett read the resolution and Councilman Bauer seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. The following council Members voted “No”: None. Absent: None. Motion declared carried and Resolution No. 1269 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.

Marion Kroeker and April Traen appeared before the council regarding Keep Keith County Beautiful Beautification Committee’s Plan of Action for the beautification of the Highway 30 corridor. Rod Ruzanic also addressed the council regarding the beautification of the Highway 30 corridor.

Councilman Knudsen moved to accept the Quitclaim Deed from Keith Springer for 1,320 square feet located on East E Street, south of Highway 30. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: None. Motion declared carried.

Jeffrey Ahl, Director of Architectural Operations of JEO addressed the council retarding the firm selection for the Community Center Project.

Councilman Knudsen moved to accept the proposal from JEO Consulting Group in the amount of $26,800.00 to begin the Community Center Project. Councilman Bauer seconded the motion. The following council members voted Yes: Darrell Bassett, Stacey Bauer, Kevin Block, and Mark Knudsen. No: Harold Peterson. Absent: None. Motion declared carried

Councilman Knudsen moved to approve Spruce St - 10th St North & Police Station Parking Lot Change Order number 2, increasing the contract amount from $594,988.75 to $633,558.75, a difference of $38,570.00. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Stacey Bauer, Kevin Block, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Councilman Knudsen introduced Ordinance 1258, entitled: An ordinance adding 36-201 Garbage Dump, 36-202 Collection by City Contract and 36-203 Collection by Private Persons; Permits and renumbering the penalty section to 36-301 of 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 Bauer seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. The following Council Members voted “No”: None. Absent: None. Motion declared carried and the Statutory Rule was declared suspended for the consideration of this Ordinance.

Ordinance No. 1258 was read by title and, thereafter, Councilman Peterson moved for the final passage of the Ordinance. Councilman Block seconded the motion. The President then stated the question: “Shall Ordinance No. 1258 be passed and adopted?” Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. The following Council Members voted “No”: None. Absent: None. 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. 1258 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

There being no further business to come before the council, Councilman Block moved to adjourn at 8:43 P.M. Councilman Knudsen seconded the motion. The following council members voted Yes: Darrell Bassett, Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: None. 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 March 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