REGULAR MEETING OF THE CITY COUNCIL

NOVEMBER 10, 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 10^thday of November 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 November 6, 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 a Class I Liquor License – Caradonna Family Amusements Inc., DBA Cornhusker Lanes at 7:31 P.M.

Council President Bassett opened a public hearing regarding a request to rezone a 3.44 acre tract of land described as Lot 2 of Holzfaster’s Farms Subdivision #1 located in the Northeast ¼ of Section 18, Township 13 North, Range 38 West of the 6^th P.M. from A-2 Agricultural Residential to C-2 Highway Business District (Ralph Holzfaster) at 7:32 P.M.

Councilman Bauer moved to approve the minutes of the Regular Meeting held on October 27, 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 Clerk Skinner presented the financial report for October 2009.

Council President Bassett closed a public hearing regarding a Class I Liquor License – Caradonna Family Amusements Inc., DBA Cornhusker Lanes at 7:37 P.M.

Councilman Knudsen moved to recommend approval to the Nebraska Liquor Commission for the Class I Liquor License for Caradonna Family Amusements Inc, DBA Cornhusker Lanes. 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 recommend approval to the Nebraska Liquor Commission for the corporate manager license for Paul F. Zielinski in connection with the Class I Liquor License for Caradonna Family Amusements Inc, DBA Cornhusker Lanes. 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.

C.J. Poltack appeared before the council regarding Owner Occupied Housing Rehabilitation Contracts.

Councilman Peterson moved to approve Owner Occupied Housing Rehabilitation Program Credit Line Promissory Note for Case No. CDBG 08-HO-3073-01 (Owner). 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 Knudsen moved to approve Owner Occupied Housing Rehabilitation Program Rehabilitation Contract for Case No. CDBG 08-HO-3073-01(Owner) and Doug Wasserman of Unlimited Access, LLC (Contractor) in the amount of $19,998.00. 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 Knudsen moved to approve Owner Occupied Housing Rehabilitation Program Credit Line Promissory Note for Case No. CDBG 08-HO-3073-02 (Owner). 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 Owner Occupied Housing Rehabilitation Program Rehabilitation Contract for Case No. CDBG 08-HO-3073-02 (owner) and Mark Davis of Davis Construction in the amount of $17,405.00. 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 Knudsen moved to approve Owner Occupied Housing Rehabilitation Program Credit Line Promissory Note for Case No. CDBG 08-HO-3073-03 (Owner). 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 Owner Occupied Housing Rehabilitation Program Rehabilitation Contract for Case No. CDBG 08-HO-3073-03 (Owner) and Dave Melchior of Melchior & Associates (Contractor) in the amount of $11,500.00. 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 Block introduced a resolution amending the Pool/Recreation Center Fees for the Special Fee Schedule of the City of Ogallala, Nebraska. Council President Bassett read the resolution by title and Councilman Peterson 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. 1286 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.

City Manager Harold Stewart addressed the Council regarding his recommendations for temporarily relocating the Goodall Recreation Center. Options include relocating the recreation center to a downtown location, reducing the amount of equipment at the recreation center, leaving the equipment in its current state, or moving forward with the expansion of the current facility.

Penney Feltz, Jeremy Spurgin, Bill Redinger, Daniella McChesney, Mary Lou Heelan, Tania Jellison, Andrew McCarty, Maggie O’Neal, Brenda Heideman and Kim Morrell appeared before the council regarding temporarily relocating the Goodall Recreation Center. The consensus of the City Council is that Harold works with Penney, Maggie and the group and come back to the Council next month with a plan for the expansion of the Recreation Center.

Council President Bassett closed a public hearing regarding a request to rezone a 3.44 acre tract of land described as Lot 2 of Holzfaster’s Farms Subdivision #1 located in the Northeast ¼ of Section 18, Township 13 North, Range 38 West of the 6^th P.M. from A-2 Agricultural Residential to C-2 Highway Business District (Ralph Holzfaster) at 8:40 P.M.

Councilman Block introduced Ordinance 1267, entitled: An ordinance rezoning a 3.44 acre tract of land described as Lot 2 of Holzfaster’s Farms Subdivision #1 located in the Northeast ¼ of Section 18, Township 13 North, Range 38 West of the 6th P.M. from A-2 Agricultural Residential to C-2 Highway Business District and moved that the Statutory Rule requiring the reading on three different days be suspended. Councilman Knudsen 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. 1267 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. 1267 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. 1267 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Knudsen introduced Ordinance 1268, entitled: An ordinance vacating that portion of West 12th Street located between West A Street and North Spruce Street in the City of Ogallala, Nebraska 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. 1268 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. 1268 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. 1268 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Knudsen moved to award the Sewer Jetting, Pumping and Vacuuming contract to Scott England doing business as Scottie’s Potties. 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 Block moved to adjourn at 8:54 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.

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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 November 10, 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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