REGULAR MEETING OF THE CITY COUN

REGULAR MEETING OF THE CITY COUNCIL

SEPTEMBER 8, 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 8^th day of September 2009 at 7:30 o’clock P.M. Present were: President of the Council: Darrell Bassett; Council Members: Stacey Bauer, Kevin Block, Harold Peterson, and Mark Knudsen. 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 Septemeber 4, 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.

Council President Bassett opened a public hearing regarding the FY 2008-2009 Budget Amendment at 7:31 P.M.

Council President Bassett opened a public hearing regarding the FY 2009-2010 Budget Hearing at 7:32 P.M.

Council President Bassett opened a public hearing regarding FY 2009-2010 Hearing to Set Final Tax Request at 7:41 P.M.

Mayor Buck Bassett proclaimed September 17, 2009, as the start of the annual celebration known as the Ogallala Indian Summer Rendezvous.

Councilman Bauer moved to approve the minutes of the Regular Meeting held August 25, 2009. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Abstain: Kevin Block. Motion declared carried.

Councilman Bauer moved to approve the minutes of the Special Meeting held on August 28, 2009. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

City Treasurer Skinner presented the financial report for August 2009.

Maggie O’Neil appeared before the council regarding nutrition consultation at the Goodall Recreation Center.

Councilman Knudsen moved to direct staff to prepare and enter into an agreement with Maggie O’Neil for the purposes of providing nutrition consultation in City facilities. Councilman Bauer seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Council President Bassett closed a public hearing regarding the FY 2008-2009 Budget Amendment at 7:53 P.M.

Councilman Bauer moved to approve the FY 2008-2009 budget amendment as presented. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Councilman Knudsen moved to approve the 1.00% increase of restricted funds above the base limitations for fiscal year 2009 – 2010. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Council President Bassett closed a public hearing regarding the FY 2009-2010 Budget Hearing at 7:56 P.M.

Councilman Knudsen moved to approve the Fiscal Year 2009 – 2010 budget as presented. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Council President Bassett closed a public hearing regarding FY 2009-2010 Hearing to Set Final Tax Request at 7:59 P.M.

Councilman Block introduced a resolution setting the FY 2009 – 2010 property tax request. Council President Bassett read the resolution and Councilman Bauer seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. The following council Members voted “No”: None. Absent: None. Motion declared carried and Resolution No. 1280 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.

Councilman Knudsen introduced Ordinance 1265, entitled: An ordinance to appropriate the sums of money deemed necessary to defray, by means of taxation, all the necessary expenses and liabilities of the city of Ogallala, Nebraska, for the fiscal year ending September 30, 2010; specifying the objects or purposes for which such appropriations are made and the amount appropriated for each object, or purpose; containing the percentage or number of mils levied for each object or purpose; providing for the certification of this ordinance to the county clerk of Keith County, Nebraska; and prescribing the time when this ordinance shall be in full force and take effect 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, 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. 1265 was read by title and, thereafter, Councilman Knudsen moved for the final passage of the Ordinance. Councilman Peterson seconded the motion. The President then stated the question: “Shall Ordinance No. 1265 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. 1265 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Bauer introduced a resolution amending the City of Ogallala Job Title Salary Range Table. Council President Bassett read the resolution and Councilman Block seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. The following council Members voted “No”: None. Absent: None. Motion declared carried and Resolution No. 1281 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.

Councilman Block introduced Ordinance 1266. Council President Bassett read Ordinance 1266 by title, an ordinance of the City of Ogallala, Nebraska, establishing a cell phone occupation tax; providing exceptions thereto; providing for payment of same; providing for reporting and examination of records; and repealing any other ordinances or provisions in conflict therewith. Council President Bassett announced that Ordinance 1266 was read for the first time.

Councilman Knudsen moved to approve Storage Hangar, Hangar Taxiway & Offices and Heat System for Hangar-Change Order Number 1 changing the contract amount with Paul Reed Construction & Supply, Inc. from $93,421 to $98,376, a difference of $4,995. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Councilman Bauer moved to approve an agreement for fire, rescue/extrication, and hazmat response with Fire-Extrication-Hazmat Billing, LLC. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Councilman Bauer introduced a resolution establishing water fees and fire/rescue fees for the Special Fee Schedule of the City of Ogallala, Nebraska. Council President Bassett read the resolution and Councilman Block seconded the motion. Upon roll call vote, the following Council Members voted “Yes”: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. The following council Members voted “No”: None. Absent: None. Motion declared carried and Resolution No. 1282 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.

Ken Knoepfel, Planning and Zoning Administrator, addressed the council regarding the interlocal agreement with Keith County sharing of services with Zoning Administrators and Building Inspectors.

Councilman Knudsen moved to approve an Interlocal Agreement with Keith County for sharing of services with Zoning Administrators and Building Inspectors. Councilman Bauer seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Councilman Knudsen moved to approve a request to vacate the alley located in Block 11, Campbell’s Re-subdivision of Blocks 11 & 26 of Searle’s 3rd Addition to Ogallala, Keith County, Nebraska. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Councilman Bauer moved to approve the 4C Replat of Block 11, Campbell’s Re-subdivision of Blocks 11 & 26 of Searle’s 3rd Addition to Ogallala, Keith County, Nebraska. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Councilman Knudsen moved to approve Roberts’ Subdivision located in the SW ¼ of Section 3, T. 13N., R. 39W of the 6th P.M., Keith County, Nebraska including a variance for minimum lot size. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Councilman Knudsen moved to appoint Kelsey Wheeler to the Ogallala Youth Committee Board with a term to expire December 31, 2013. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, Stacey Bauer, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

There being no further business to come before the council, Councilman Knudsen moved to adjourn at 8:26 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.

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Jane M. Skinner

City Clerk

Approved:

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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 September 8, 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.

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Jane M. Skinner

City Clerk

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