REGULAR MEETING OF THE CITY COUNCIL

APRIL 26, 2011

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^th day of April 2011, at 7:30 o’clock P.M. Present were: President of the Council: Darrell G. Bassett; Council Members: Stacey Bauer Kevin Block, Mark Knudsen and Harold Peterson. Absent: None. City Manager: Harold Stewart; City Clerk: Jane M. 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 April 22, 2011 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 proclaimed Thursday, the Fifth Day of May, 2011 as a National Day of Prayer in Ogallala Nebraska.

Council President Bassett proclaimed May 1-7, 2011 as Drinking Water Week in the City of Ogallala.

Council President Bassett proclaimed Friday, the 29^th day of April, 2011 as Arbor Day.

Council President Bassett proclaimed May 1, 2011 as Loyalty Day in the City of Ogallala.

Chad Adams appeared before the Council opposing the proposed water and sewer connection districts.

Councilman Knudsen moved to approve the minutes of the Regular Meeting held April 12, 2011. 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 Knudsen moved to approve the claims as presented. 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 and the claims were approved as follows:

General Fund:

125 Plan-721.15-Pretx; Eftps-13,641.32-Fit; Family Sup Reg-214.37-P/R; Hartford Life-1,431.02-Ins; Hospital & Medical-18,421.46-Ins; Icma-334.04-Pen; Manulife-6,128.30-Pen; Ne Child Sup Ctr-89.77-P/R; Pinnacle Bank-51,116.86-Pp6; Valley Bank-1,279.00-Hsa; St Of Ne Dept Of Rev-3,958.88-Sit; 125 Plan-721.15-Pretx; Am Family Ins-404.93-Ins; Eftps-13,436.97-Fit; Fam Sup Reg-214.37-P/R; Hospital & Medical-18,421.46-Ins; Icma-334.04-Pen; Manulife Financial-6,025.18-Pen; Ne Child Sup Ctr-89.77-P/R; Pinnacle Bank-49,386.01-Pp7; Valley Bank-1,279.00-Hsa; 125 Plan-721.15-Pretx; City Of Ogallala-812.44-Trn; Eftps-13,910.19-Fit; Fam Sup Reg-214.37-P/R; Hartford Life-1,431.02-Ins; Hospital & Medical-17,100.58-Ins; Icma-334.04-Pen; Manulife Financial-6,185.84-Pen; Ne Child Sup Ctr-89.77-P/R; Pinnacle Bank-50,048.77-Pp8; Valley Bank-1,279.00-Hsa; Ne Dept Of Aeronautics-3,057.48-Lease; Ne Dept Of Rev-1,364.10-Sales Tax; Pinnacle Bank-25.00-Se; Wyatt, Jacob(70.00)-Rev; Adams Bank-16.28-Se; Alco-59.05-Su; Windstream-118.59-Se; Napa-1,336.66-Su; Apwa-145.00-Fees; Arnold Pool-251.10-Su; Baltzell Vet. Clinic-65.00-Se; Bart Bechtel Ent-664.09-Ref; B & D Office Supply-15.79-Su; Bdu.Com-224.92-Su; Bittersweet Bakery-171.60-Su; Booklist-187.00-Se; Bound Tree Medical-92.36-Su; Bourque, Richard-93.00-Trn; Boyle, Corey-93.00-Trn; Bruckner, Mike-842.32-P/R; U-Save Phar-40.32-Su; Candy Aerotech Ser-1,000.00-Lease; Cash-Wa Distrib-273.50-Su; Caskey, Kendra-11.00-Trn; Charter Commun-349.78-Se; True Value -211.11-Su; Colglazier, Analisa-93.00-Trn; Contractors Materials-243.25-Su; Corbin Willits Sys-5,275.94-Se; Cornhusker Glass.-100.00-Se; Correll Refrig-110.00-Se; Cranmore Pest Control-45.00-Se; Culligan-114.50-Su; Diaz, Ray-93.00-Trn; Docekal, Monte-650.00-Reim; Dollar General-83.35-Su; Dp Electronics-5.49-Su; Ebsco Subscription-1,675.74-Su; Eichner Sales & Service-19,813.82-Su; Electrical Engineering-278.30-Su; Embassy Suites Hotel-159.00-Se; Ems Billing Ser-1,704.65-Contract; Extreme Machine-55.65-Se; Farmers Coop-6,465.21-Su; Farm Plan-154.19-Su; Fireguard-1,491.81-Su; Fire-Extrication-50.00-Contract; Fp Mailing Sol-248.85-Su; Fyr-Tek-2,826.39-Su; Gale Grp-186.96-Su; Gaylord Bros-101.37-Su; Geargrid-8,000.00-Su; Graphic Screen Printing-68.00-Su; Haggard, Travis-18.00-Fees; Hart's Auto Supply-86.86-Su; Holiday Inn-149.90-Se; Holmatro-6,311.27-Su; Hudiburgh, Thomas-166.00-Fees; Humphreys Auto Supply-347.79-Su; Ideal Linen-307.23-Su; Ingram-1,051.21-Su; James N. Marshall Eng-4,770.00-Se; Waste Connections-756.09-Se; Kc Area Develop-2,349.50-Contract; K C Clerk-16.50-Fees; Kc Hospital Authority-26,913.67-Sales Tax; Kc News-444.13-Se; Kc Senior Ctr-99.50-Se; Kc Treasurer-10,228.33-Contract; Kenfield Electric-506.66 -Su; Kildare Lumber-401.63-Su; Kimball Midwest-165.30-Su; King, Scott-93.00-Trn; Kitterman's Graphics-140.25-Se; Kling, David-80.00-Fees; Sourcegas-6,389.89-Se; Lake Mac Auto Body-131.00-Se; Lawson Prod-92.41-Su; Law Enforcement Coord-100.00-Fees; Lessons Of Faith-27.44-Su; Lifeguard Store-303.00-Su; Matheson Tri-Gas -265.61-Su; Mcm Truck Equip -547.00-Se; Mcmillan Plbg-75.00-Se; Mcquillan & Mcquillan Pc-1,091.00-Se; Mes-Municipal Emer-334.56-Su; Michael Todd & Co-338.59-Su; Mid American Spec-224.59-Su; Midwest Tape-16.99-Su; Mike's Towing-206.00-Se; Mobile Mec. Mechanic-200.00-Se; Morrell, Kim-39.00-Trn; Nppd-15,561.81-Se; Ne Supreme Crt Pub Offic-118.50-Su; Ne Workforce Develop-1,908.00-Ins; Nfpa-238.45-Su; Office Service-687.91-Se/Su; Og Comm Hosp-319.62-Su; Og Chamber Of Commerce-2,572.00-Contract; Og Feed & Seed-14.95-Su; Og Rotary-55.00-Dues; Og Water Dept-689.87-Se; Og Vol Fire Dept-90.00-Se; Scott England-60.00-Se; O'keefe Elevator-345.00-Se; Ole's Big Game Steakhouse-1,700.00-Se/Su; Omb Express Police Supply-67.97-Su; Omb Guns-195.99-Su; Orleans Fire & Rescue Dep-120.00-Fees; Oshkosh Cleaners-140.15-Se; Pace Service Co-28.00-Se; Pamida -14.78-Su; Paulsen-2,864.59-Su; Psychological Resources-880.00-Se; Quality Hotel -125.90-Se; Quill Corp-200.62-Su; Qwest-419.16-Se; Ramada Inn-210.00-Se; Rankin Sales & Services -371.23-Su; Random House-447.35-Su; Rdg Planning And Design-19,445.80-Se; R & D Welding & Supply-78.90-Su; Rechsteiner, Jeremy-93.00-Trn; Reeson, Tom-93.00-Trn; Rockmount Reasearch-304.47-Su; Safeway-12.99-Su; Sapp Brothers-32.75-Su; Schmidt Motors-307.42-Su; Servicemaster Cleaning-519.88-Se; Sunmart-25.56-Su; Snap-On Tools-12.62-Su; Steve's Body & Paint-585.00-Se; St.Pauls Ladies Aide-50.00-Se; Stulichs Asphalt Sealing-9,112.35-Su/Se; The Trophy Shoppe-21.50-Su; T.O. Haas-510.70-Su; Town & Country Srv-150.72-Su; Truck & Auto Align-289.47-Su; U S Postal Service-78.28-Se; Viaero Wireless-569.79-Se; Visa-1,960.97-Su; Visa-34.38-Su; Overhead Door Co-963.00-Se; Western Path Consultants-207.00-Se; Western Holiday Motel-300.00-Se; Wheeler, Cathy-152.93-Reimb; Winter Equipment Co-126.13-Su; Wood, Wayne-50.00-Su; Wyatt, Jacob-93.00-Trn; Xerox Corp-39.81-Lease;

Select Flex Fund:

Regional Care Inc-3,937.64-Claims;

Water Fund:

Ne Dept Of Rev-13,998.40-Sales Tax; Adams Bank -25.00-Se; Windstream-9.02-Se; Napa Og-14.42-Su; Bomgaar's Supply-7.48-Su; Charter Comm-109.90-Se; Cornhusker Glass-69.05-Se; Danko Emergency Equip Co-9.39-Su; Dp Electronics-5.10-Su; Farmers Coop Assoc-805.55-Su; Gen Fund-21,839.14-P/R; Great Plains One-Call Ser-58.03-Se; Hampton Inn-159.90-Se; Humphreys Auto Supply-120.68-Su; Hutt Enterprises-40.00-Se; Ideal Linen Supply-125.63-Su; Waste Connections-97.75-Se; Kc News-716.85-Se; Kenfield Electric-12,228.00-Se; Kildare Lumber-24.38-Su; Kimball Midwest-68.74-Su; Sourcegas-556.46-Se; League Of Ne Municipal-105.00-Fees; Mcquillan & Mcquillan-150.00-Se; Midwest Electric-7,210.32-Se; Municipal Supply-210.15-Su; Ne Print Works-140.78-Su; Nppd-2,201.49-Se; Office Service-12.47-Su; Og Water Dept-38.15-Se; Olsen's Agricultural Lab-116.00-Se; Paulsen-346.68-Su; Qwest-101.53-Se; Sapp Brothers Petroleum-19.47-Su; St Of Ne-Lab-15.00-Su; Town & Country Srv-28.00-Se; Usa Blue Book-234.35-Su; Viaero Wireless-61.17-Se; Bloomberg, Pat-14.38-Ref; Holscher, Stephanie-46.11-Ref; Kubitschek, Christine-136.19-Ref;

Sewer Fund:

Adams Bank-25.00-Se; U S Postal Service-478.00-Se; Napa Og-207.99-Su; B.A. Lawrence-585.00-Se; City Of Ogallala-283.37-Su; True Value-133.92-Su; Eichner Sales-30.49-Su; Farmers Coop-460.97-Su; Farm Plan-68.02-Su; Flores, Doug-10.59-Su; Gen Fund-17,764.03-P/R; Hach Co-185.73-Su; Hilton, Riley-22.87-Su; Ideal Linen Supply-44.28-Su; Industrial Process Tech-76,175.10-Su; Short Elliott Hendrickson-11,360.00-Contract; Waste Connections-111.24-Se; Sourcegas-2,469.73-Se; Lawson Prod.-371.45-Su; League Of Ne Municipal-35.00-Fees; Nppd-4,169.61-Se; Nsi Solutions-364.50-Su; Og Water Dept-103.20-Se; Scott England-2,762.20-Contract; Qa Balance Ser-125.00-Se; Qwest-200.54-Se; R & D Welding & Supply-12.50-Su; Sapp Brothers Petroleum-32.75-Su; Viaero Wireless-21.18-Se; Water Environ Federation-55.00-Dues;

Youth Fund:

Spurgin, Jeremy-137.81-Su; Visa-87.58-Su; Dickinson, Mary-1,662.57-Su; Sunmart-15.35-Su; Office Service-5.65-Su; Visa-884.35-Su; Cornhusker, Marriott Htl-149.00-Se; Prairie Theatre-50.00-Se;

Med Benefit Fund:

Regional Care-37,463.74-Reins; Regional Care-78.00-Fees;

Councilman Knudsen moved to approve a License and Permit Bond for KT Maintenance LLC (Kevin Foley) contingent upon receipt of the appropriate power of attorney form. 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 introduced Ordinance 1280, entitled: A Franchise Ordinance of the City of Ogallala, Nebraska granting a cable television franchise to Allo Ogallala, LLC, a Nebraska limited liability company d/b/a Allo Communications (“Allo”), for the development and operation of a cable system 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 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. 1280 was read by title and, thereafter, Councilman Knudsen moved for the final passage of the Ordinance. Councilman Block seconded the motion. The President then stated the question: “Shall Ordinance No. 1280 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. 1280 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Fire Chief Greg Stofer presented his annual report for 2010 to the Council.

Councilman Knudsen moved to approve the specifications, advertising and bid opening date for a backup generator. 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 Bauer moved to accept the resignation of Ben VanPelt from the Ogallala Volunteer Fire Department. 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.

Council President Bassett announced Ordinance 1278 was introduced and read for the first time on April 12, 2011. Council President Bassett read Ordinance 1278 by title, An ordinance creating Sanitary Sewer Connection District No. 2011-1 of the City of Ogallala, Nebraska; establishing the outer boundaries of the district; designating the size, location and termination points of the sanitary sewer mains to be constructed; providing for a connection fee and ordering the publication of the ordinance in pamphlet form. Council President Bassett announced that Ordinance 1278 was read for the second time.

Council President Bassett announced Ordinance 1279 was introduced and read for the first time on April 12, 2011. Council President Bassett read Ordinance 1279 by title, An ordinance creating Water Connection District No. 2011-1 of the City of Ogallala, Nebraska; establishing the outer boundaries of the district; designating the size, location and termination points of the water mains to be constructed; providing for a connection fee and ordering the publication of the ordinance in pamphlet form. Council President Bassett announced that Ordinance 1279 was read for the second time.

Councilman Bauer moved to appoint Chrissa Schlake 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, Stacey Bauer, Kevin Block, Mark Knudsen and Harold Peterson. No: None. Absent: None. Motion declared carried.

Councilman Knudsen moved to accept the bid from Schmidt Motors, Inc. for a 2011 Dodge Charger police package vehicle in the amount of $22,465.00. 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.

There being no further business to come before the council, Councilman Knudsen moved to adjourn. 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 and the meeting adjourned at 8:14 P.M.

______________________________

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, Jane M. Skinner, 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 April 26, 2011 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)