REGULAR MEETING OF THE CITY COUN

REGULAR MEETING OF THE CITY COUNCIL

MAY 26, 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 26^thday of May 2009 at 7:30 o’clock P.M. Present were: President of the Council: Darrell Bassett; Council Members: Stacey Bauer, Kevin Block, and Harold Peterson. Absent: Mark Knudsen; 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 May 22, 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 Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Stacey Bauer, Kevin Block, and Harold Peterson. No: None. Absent: Mark Knudsen. Motion declared carried and the consent agenda was approved as follows:

A. Minutes of the Regular Meeting held May 12, 2009.

B. Claims.

C. O.V.F.D. – Probationary Membership – Dennis Easter.

The claims were approved as follows:

GENERAL FUND:

General Fund-750.00-Se; Ne Dept Of Rev-523.48-Sales Tax; Pinnacle Bank-25.00-Se; Bourque, Richard- (-98.00)-Rev; K C Attorney-(4,050.00)-Rev; Llm –(272.13)-Rev; Ne Dept Of Rev-(694.45)-Rev; Symplex Software Sys-(955.80)-Rev; St Of Ne-(3,737.98)-Sit; 125 Plan-951.84-Pretx; Am Family Ins-640.25-Ins; Delta Dental-400.71-Ins; Eftps-13,987.01-Fit; Hospital & Medical-15,527.17-Ins; Icma-325.00-Pen; Kansas City Life Ins-492.70-Ins; Manulife Financial-2,627.78-Pen; Manulife Financial-164.25-Pen; Manulife Financial-1,948.54-Pen; Ne Child Support-210.93-P/R; Pinnacle Bank-52,604.58-Pp10; Valley Bank-809.50-HSA; Symantec-955.80-Se; 125 Plan- 951.84-Pretx; Delta Dental-400.71-Ins; Eftps-14,352.07-Fit; Hospital & Medical-15,527.17-Ins; Icma-325.00-Pen; Manulife Financial-2,979.26-Pen;Manulife Financial-421.03-Pen; Manulife Financial-1,952.10-Pen; Ne Child Support-210.93-P/R; Pinnacle Bank-53,843.48-Pp11; Valley Bank-809.50-HSA; Adams, Sam-11.00-Trn; Alco-180.22-Su; Alltel-966.09-Se; Am Red Cross-331.87-Su; Napa-492.97-Su; Arcoa Ind-54.69-Su; Arnold Pool-176.50-Su; Axis Capital-99.00-Se; Baltzell Vet. Clinic-42.50-Se; B & D Office Supply-47.07-Su; Bdu.Com-734.73-Su; Blessing, Derek-11.00-Trn; Bruckner, Mike-842.32-P/R; Cambbell, Nichole-11.00-Trn; Candy Aerotech Service-1,000.00-Contract; Cash-Wa Dist-260.70-Su; Caskey, Kendra-132.00-Trn; Central Hydraulic-6,691.21-Se/Su; Charter Comm-174.89-Se; Crouch/Churchich Rec-394.36-Su; True Value -67.16-Su; Coffman, C.L.-80.00-Se/Su; Contractors Materials-8.20-Su; Cornhusker Glass -439.50-Su; Correll Refrigeration -74.00-Se; Culligan-145.50-Se; Davis, Billy-11.00-Trn; Dp Electronics-2.99-Su; Ebsco Subscription Agcy-47.46-Se; Eichner Sales & Service-691.77-Su;Electric Eng-157.35-Su; Elite Printing-862.60-Su; Ems Billing -864.46-Ref; Farmers Coop Assoc-4,782.80-Su; Farm Plan-133.18-Su; Feltz, Penney-11.00-Trn; Fsh Comm-60.00-Se; Goosen, Norma-13.75-Ref; Hudiburgh, Thomas-60.00-Trn; Humphreys Auto Supply-158.25-Su;Intl Assoc. Of C-195.00-Se; Ideal Linen Supply-326.51-Su; Ingram-1,361.87-Su; Jasnoch, Kyler-11.00-Trn; Waste Connections Inc-574.24-Se; Kansas City Life Ins-427.02-Ins; Kay, Jessica-11.00-Trn; Kc Area Develop-20,956.64-Lottery; Kc Hosp Auth-25,317.29-Sales Tax; Kc News-1,007.82-Se; Kc Senior Ctr-20.00-Se; Kc Tres-11,939.33-Se; Kc Drug Fund-419.79-Grant; Kildare Lumber-263.56-Su; K Lawn-23.00-Se; Sourcegas-16,001.72-Se; Kolsrud, Rodney-22.00-Trn; Kustom Signals-13.70-Su; Lab Safety Sup -265.24-Su; Lawson Products-154.29-Su; League Of Ne Mun/Ncma-95.00-Fee; Lifeguard Store-5,100.00-Su; Carolyn Lowitz-45.00-Trn; Mcmillan Plbg-3,252.50-Se; Mcquillan & Mcquillan Pc-1,337.00-Se; M C Schaff & Assoc-16,361.00-Se; Michael Todd & Co-263.65-Su; Midwest Turf & Irr-721.55-Su; Mid-American Research Chm-90.18-Su; Morrell, Kim-11.00-Trn; N.A.D.A. Appraisal Guide-72.00-Se; Ne Print Works-45.75-Su; Ne Crime Commission-21.00-Su; Ne Economic Developers-75.00-Fee; Ne Law Enforce-150.00-Trn; Nppd-11,853.84-Se; Nppd-135.00-Su; Nessca-50.00-Dues; Newman Signs-1,512.15-Su; Nsvfa Fire School-60.00-Dues; Ne Wildland Fire Academy-60.00-Fee; Office Service-403.86-Se/Su; Og Comm Hosp-62.40-Se; Og Feed & Seed-462.79-Su; Og Rotary-117.50-Se; Og Water Dept-697.78-Se; Og. Vol. Fire Dept-412.13-Su; Scott England-360.00-Se; Olsson Assoc-2,770.00-Se; Oshkosh Cleaners-162.50-Se; Og Technical Assoc-10.99-Su; Pace Service Co-40.00-Se; Pamida-279.98-Su; Paulsen -119,787.41-Se; Platte Valley Agency-259.00-Ins; Plbg Solutions-79.49-Se; Powerplan-154.08-Su; Premier Impressions-209.50-Se; Quill Corp-203.40-Su; Qwest-1,463.99-Se; Quest Comm-6,411.26-Su; Random House-617.93-Su; Rapp, Arthur-473.18-Ref; R & D Welding & Supply- 8.70-Su; Reams Sprinkler Supply-603.22-Su; Riverside Inn-54.00-Se; R & C Sprinklers-70.00-Su; Safeway -38.94-Su; Schlake, Chrissa-11.00-Trn; Servicemaster Cleaning-357.00-Se; Sunmart-34.89-Su; Skinner, Jane-39.00-Trn; Staples-89.99-Su; Stewart Ii, Harold L.-40.00-Trn; Steve's Body & Paint-100.00-Fee; Steinke, Virginia-120.53-Trn; Stulichs Asphalt -4,953.50-Su/Se; Summers-Zoellner Ford-151.05-Se; Thiesen, Noni-39.00-Trn; Toshiba America-102.53-Lease; U S Postal-77.07-Se; Visa-2,652.00-Su/Se; Visa-577.04-Su; Overhead Door Co-224.00-Su/Se; Weis Fire And Safety Equi-6,563.20-Su; Wells Fargo Brokerage-26,093.92-Lease; Western Path Consult-78.00-Se; Western Convenience Store-27.00-Se; Wright Water Engineers-4,562.03-Se; Xerox Corp-18.76-Lease;

Select Flex :

Regional Care Inc-710.56-Claims

Water Fund:

Ne Depart Of Rev-6,615.65-Sales Tax; Adams Bank-25.00-Se; Ne Depart Of Rev-(6,058.98)-Rev; Hhs Reg &Lic-149.50-Se; Upstart-(482.06)-Rev; Alco-5.35-Su; Alltel-93.94-Se; Napa-217.28-Su; Charter Comm-54.95-Se; True Value -8.90-Su; Cornhusker Glass-179.58-Se; Dp Electronics-3.40-Su; Eichner Sales & Service-19.11-Su; Electric Engineering-80.20-Su; Farmers Coop Assoc-538.37-Su; General Fund-20,912.96-Se; Great Plains One-Call Ser-68.68-Se; Humphreys Auto Supply-142.66-Su; Ideal Linen Supply-149.65-Su; Interstate All Battery -39.99-Se; Jacobson Satchell Consult-875.84-Se; Waste Connections -88.66-Se; Kenfield Electric-808.66-Su; Kildare Lumber-246.24-Su; Kimball Midwest-165.88-Su; Sourcegas-1,797.63-Se; Mcmillan Plbg- 5,368.99-Se; Mcquillan & Mcquillan Pc-305.00-Se; M C Schaff & Assoc-5,548.00-Se; Mercantile Corp-19.94-Su; Midwest Electric-4,829.00-Se; Mtn Peak Controls-1,150.00–Se; Municipal Supply-956.57-Su; Natl Guard-258.25-Reimb; Ne Print Works-87.85-Su; Nppd-2,232.23-Se; Office Service-44.15-Su; Og Ready Mix-652.88-Su; Og Water Dept-36.70-Se; Olsen's Agricultural Lab-84.00-Se; Paulsen-50,911.05-Su; Quick Electric-1,384.15-Se/Su; Qwest-149.75-Se; Safety-Kleen Corp-161.58-Su; Usa Blue Book-408.26-Su; Campbell, Gregory-25.94-Ref; Gallegos, Shari-8.45-Ref; Miranda, Lupelee-3.06-Ref; Powell, Dick & Ellen-65.74-Ref; Sloan, S.-5.98-Ref; Spanel, Ira-41.88-Ref; U S Postal Service-482.06-Se;

Sewer Fund:

Adams Bank-25.00-Se; 21st Century Equip-16.25-Su; Alltel-27.98-Se; Atlantic Ultraviolet -151.06-Su; True Value Homecenter-35.03-Su; Farmers Coop Assoc-178.22-Se; Farm Plan-48.20-Su; General Fund-12,678.38-Se;Hach Co-302.33-Su; Hilton, Riley-240.00-Trn; Ideal Linen Supply -39.95-Su; Jacobson Satchell Consult-750.00-Se; Waste Connections-100.90-Se; Kildare Lumber-32.41-Su; K & K Service -137.08-Su; Sourcegas-6,520.33-Se; Ndeq-Fiscal Services-400.00-Fee; Ndeq-Fiscal Services-90,305.87-Contract; Nppd-3,569.66-Se; Og Water Dept-64.55-Se; Quick Electric-119.00-Su; Qwest-197.36-Se; R & D Welding & Supply-55.50-Se; Town & Country Srv-9.00-Se; Western Path Consultants-26.00-Se;

Medical Ben:

Regional Care Inc-24,822.10-Claims

Mary Dickinson, Chairman of the Ogallala Youth Committee, presented the Ogallala Youth Committee Mission Statement, Vision and Goals.

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

Wendell Upright presented to the Council a Memorial Tree Plaque to be displayed at the City Administration Building.

Councilman Knudsen moved to enter into a contract with Paul Reed Construction & Supply, Inc. of Gering, Nebraska for the construction of Storage Hangar, Hangar Taxiway & Offices and Heat System for Hangar in the amount of $419,987.56. Councilman Block 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 Peterson moved to accept the quitclaim deed from Allyn Sutton for 50 square feet located on East E Street, south of Highway 30. 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.

Maggie O’Neil, Personal Trainer, appeared before the council regarding Personal Trainer Fees.

Councilman Knudsen moved that City Manager Stewart comes up with a fee structure for personal training that he and Maggie deem fit. 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.

Councilman Knudsen moved to appoint Buck Bassett to serve as the Council ex-officio on the Keith County Area Development Board. Councilman Bauer seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. No: None. Absent: None. Abstain: Darrell Bassett. Motion declared carried.

Don Blankenau, representing Ogallala Land Holdings, LLC, addressed the council regarding the Water Service Agreement with Trails Crossing/Ogallala Land Holdings, LLC.

Councilman Bauer moved to terminate the Water Service Agreement with Ogallala Land Holdings, LLC due to default of the March 31, 2008 payment and failure to comply after 30 days written notice and to notify the land owner. 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 moved to appoint Thomas Cubbage to the Ogallala Youth Committee Board for a term to expire on December 31, 2011. 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.

Councilman Knudsen moved to enter closed session at 8:24 P.M. to discuss the City Manager Evaluation. Councilman Block 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.

Council President Bassett announced the City Council was entering closed session at 8:24 P.M. to discuss the City Manager Evaluation.

Councilman Block moved to come out of closed session at 8:51 P.M. where the council discussed the City Manager Evaluation. 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.

Councilman Bauer moved to approve a 3% increase in salary for City Manager Harold Stewart. Councilman Peterson seconded the motion. It was brought to the council’s attention that the city manager salary can only be adjusted by ordinance. Councilman Bauer withdrew his motion. Councilman Peterson withdrew his second.

There being no further business to come before the council, Councilman Peterson moved to adjourn at 8:53 P.M. 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.

_____________________________

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 May 26, 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)