REGULAR MEETING OF THE CITY COUNCIL

JUNE 28, 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 28^th day of June 2011, at 7:30 o’clock P.M. Present were: President of the Council: Darrell G. Bassett; Council Members: Stacey Bauer, Kevin Block, and Harold Peterson. Absent: Mark Knudsen. Interim City Manager: Jane M. Skinner; Deputy City Clerk: Naomi Thiesen; 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 June 24, 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.

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. Claims.

B. Tree Board – Appointment to Board

1) Allen Cerny – Three Year Term (1-1-10 – 12-31-12).

Claims were approved as follows:

General Fund:

St Of Ne Dept Of Rev-4,033.32-Sit; 125 Plan-721.15-Pretx; Am Family Ins-404.93-Ins; Eftps-14,164.35-Fit; Hospital & Medical-17,761.02-Ins; Icma-Rc-617.12-Pen; Manulife Financial-6,181.96-Pen; Ne Child Sup Ctr-89.77-P/R; Pinnacle Bank-56,227.21-Pp11; Valley Bank-1,279.00-Hsa; 125 Plan-721.15-Pretx; Eftps-14,105.67-Fit; Hartford Life-1,342.10-Ins; Hospital & Medical-15,197.26-Ins; Kc Court-117.41-P/R; Manulife Financial-6,253.43-Pen; Ne Child Sup Ctr-89.77-P/R; Pinnacle Bank-53,125.30-Pp12; Valley Bank-1,279.00-Hsa; General Fund-750.00-Su; Ne Dept Of Rev-200.52-Sales Tax; Pinnacle Bank-25.00 -Se; Conway Data-(1,372.00)-Rev; 4 Sisters Pastries-209.00-Se; Alco-217.15-Su; Windstream-63.57-Su; Anderson Sign Co-2,633.89-Su; Napa-581.00-Su; Arnold Pool-1,256.60-Su; Baltzell Vet-55.00-Se; B & D Office Supply-54.22-Su; Bittersweet Bakery-64.80-Su; Blane, Canada-475.00-Se; Bound Tree Medical-451.69-Su; Bruckner, Mike-1,263.48-P/R; Candy Aerotech Service-1,000.00-Contract; Cash Wa-1,321.55-Su; Central Lock N Key-174.00-Se; Charter Communications-174.89-Se; Cima Co-1,160.38-Ins; True Value-400.86-Su;Conway Data-1,372.00-Se; Consolidated Management-281.50-Se; Cornhusker Glass-158.88-Se; Correll Refrigeration-355.44-Se; Cranmore Pest Control-45.00-Se; Culligan-114.50 -Se; Danko Emergency Equip Co-61.81-Su; Davis, Billy-11.00 -Trn; Docekal, Monte-92.40-Reimb; Dp Electronics-2.79-Su; Eichner Sales & Service-208.43-Su; Elite Printing-335.50-Su; Ems Billing Services Inc-1,494.11-Contract; Express Toll-2.50-Fees; Family Medical Ctr-151.00-Se; Farmers Coop-8,184.32-Su; Farm Plan-207.93-Su; Fastenal Co-25.52-Su; Fireguard-1,027.40-Su; Fire-Extrication-382.60-Contract; Fyr-Tek-591.76-Su; Galls-294.99-Su; Gale Grp-371.31-Su; Gaylord Bros-101.46-Su; Grc Expans-300,000.00-Loan; Holiday Inn-935.00-Se; Holiday Inn-145.90-Se; Humphreys Auto Supply-776.94-Su; Ideal Linen Supply-134.92-Su; Ingram-777.47-Su; Waste Connections-633.11-Se; Kc Area Develop-2,300.00-Contract; Kc Clerk-11.00-Se; Kc Hospital Authority-32,075.59-Sales Tax; Kc News-1,806.75-Se; Kc Register-12.00-Se; Kc Senior Ctr-48.00-Se/Su; Kc Treasurer-10,228.33-Se; Kenfield Electric-120.00-Se; Keystone Sod-375.00-Su; Kildare Lumber-552.54-Su; King, Scott-88.00-Trn; Kling, David-11.00-Trn; Sourcegas-2,790.84-Se; Kolsrud, Rodney-31.00-Trn; Lab Safety Supply-268.80-Su; League Of Ne Municipal-390.00-Trn; Lifeguard Store-667.00-Su; Matheson Tri-Gas-304.97-Su; Mcm Truck Equip-728.00-Se; Mcmillan Plbg-329.69-Se; Mcquillan & Mcquillan-2,425.00-Se; Mc Schaff & Assoc-520.00-Se; Midwest Turf-,488.52-Su; Mid-Am Research-205.11-Su; Midwest Tape-540.70-Su; Mike's Towing-123.00-Se; Miller & Assoc-111.50-Se; Mobile Mec-100.00-Se; Ne Print Works-530.78-Su; Ne Dol/Boiler Inspect-183.00-Se; Nppd-14,464.93-Se; Nessca-75.00-Se; Office Service-740.90-Su; Og Community Hosp-338.37-Su; Og Feed & Seed-251.64-Su; Og Rotary-110.00-Dues; Og Water Dept-2,531.09-Se; Scott England-840.00-Se; Og Youth Football-500.00-Funding; Olson, Ron-88.00-Trn; Omaha World Herald-215.04-Se;Oshkosh Cleaners-102.85-Se; Pamida 8.49-Su; Paulsen-859.71-Su; Platte Valley Agency-246.00-Ins; Prairie States Comm-98.75-Se; Quill Corp-193.93-Su; Qwest-1,308.80-Se; Ragan Communications-29.95-Se; Ramada Inn-144.00-Trn; Random House-470.47-Su; Rdg Planning And Design-5,280.00-Se; R & D Welding & Supply-3.15-Su; Reams Sprinkler Supply-699.78-Su; Rudolph, Scott-88.00-Trn; R & C Sprinklers-27.85-Su; Safeway-3.34-Su; Schmidt Motors-158.85-Su; Servicemaster Cleaning-519.88-Se; Sirchie Finger Print Labs-87.92-Su; Sunmart-51.23-Su; Skinner, Jane-81.00-Trn; Snell Services-112.50-Se; Steve's Body & Paint-195.00-Se; Steinke, Virginia-15.99-Reimb; Mike Svoboda-165.00-Su; T.C. Engineering-4,143.75-Se; The Trophy Shoppe-45.48-Su; Thiesen, Noni-11.00-Trn; T.O. Haas-15.00-Se; Town & Country Srv-261.30-Se; Truck & Auto Align-778.48-Se; U S Postal Service-78.28-Se; Vance, Tim-147.00-Trn; Viaero-500.39-Se; Visa-1,760.55-Su; Visa-325.22-Su; West Central Ne Dev Dist-1,815.00 -Se; Western Path Consultants-208.00-Se; Xerox Corp-21.88-Lease;

Select Flex Fund:

Regional Care Inc-1,543.26-Claims;

Water Plant Fund:

Ne Dept Of Rev-7,974.90-Sales Tax; Adams Bank-25.00-Se; Hhs Reg &Lic-616.80-Se; Alco-6.93-Su; Windstream-5.79-Se; Napa-33.31-Su; Charter Comm-54.95-Se; True Value-89.86-Su; Cornhusker Glass-50.23-Se; Eichner Sales & Service-16.87-Su; Farmers Coop-747.74-Su; Frosh Roofing-2,000.00-Se; Gen Fund-18,977.80-P/R; Great Plains One-Call-68.22-Se; Humphreys Auto Supply-91.69-Su; Ideal Linen Supply Inc-133.97-Su; Waste Connections-97.75-Se; Kc News-34.04-Se; Kelly Supply Co-13.89 -Su; Sourcegas-101.15-Se; Lawson Products-118.88-Su; Mcquillan & Mcquillan-745.50-Se; Midwest Electric-6,181.20-Se; Municipal Supply-4,571.75-Su; Ne Rural Water-75.00-Se; Nppd-2,568.90-Se; Office Service-76.66 -Su; Og Comm Hosp-35.10 -Se; Og Ready Mix-34.97-Su; Og Water Dept-34.94-Se; Olsen's Agricultural Lab-84.00-Se; Qwest-132.34-Se; R & D Welding-47.74-Su; Sargent Drilling-7,665.00-Se; Sunmart-12.63-Su; St Of Ne-Dept Health Lab-15.00-Se; Usa Blue Book-405.55-Su; Viaero-53.49-Se; Western Path Consultants-26.00-Se; Brewster, Albert-46.11-Ref;

Sewer Fund:

Adams Bank-25.00-Se; Us Postal Service-515.84-Se; 21st Century Equip-46.49-Su; Napa-114.42-Su; Farmers Coop-233.85-Su; Farm Plan- 58.44-Su; Gen Fund-17,342.18-P/R; Ideal Linen Supply-67.41-Su; Industrial Process-48,592.80-Se; Short Elliott Hendrickson-5,438.83-Se; Waste Connections-111.24 -Se; Kc News-11.70-Se; K & K Service-63.69-Su; Sourcegas-1,665.27-Se; Mcquillan & Mcquillan-536.50-Se; Midwest Lab-209.87-Su; Miller Heating -1,705.00-Se; Nppd-4,120.69-Se; Og Water Dept-91.65-Se; Qwest-135.52-Se; Qwest-65.00-Se; Safeway-40.14-Su; Setpoint Controls-2,171.61-Su; Viaero-17.81 -Se;

GRC Expansion:

Figure "4" Traditions-1,983.60-Se; Platte Valley Agency-356.00-Ins; Alco-3.17-Su; Mcquillan & Mcquillan -116.00-Se; Kc News-265.50-Se; Rbp Construction-233,092.80-Contract; Andersen Sign Co-133.75-Su; T.C. Engineering-19,850.00-Se; Visa-155.48-Su;

Youth Fund:

City Of Ogallala-280.00-Su; Cadca-920.00-Fees; Alco-19.96-Su; Sunmart-3.33-Su; Dickinson, Mary-1,290.81-SE; City Of Ogallala-550.00 -Assist; Drug Free Charlotte Co-2,908.44-Su; Dollar General-24.00- Su; Pamida-29.94-Su; Project Extra Mile-560.00-Fees; Cornhusker, Marriott-596.00-Fees;

Medical Benefit Fund:

Regional Care-37,484.61-Reins; Regional Care-78.00-Fees; Regional Care-100.00-Fees

Councilman Peterson moved to approve the minutes of the regular meeting held June 14, 2011. Councilman Block seconded the motion. The following council members voted Yes: Stacey Bauer, Kevin Block, and Harold Peterson. No: None. Absent: Mark Knudsen. Abstain: Darrell Bassett. Motion declared carried.

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

Councilman Block moved to approve the minutes of the special meeting held June 20, 2011. Councilman Peterson seconded the motion. The following council members voted Yes: Darrell Bassett, Kevin Block, and Harold Peterson. No: None. Absent: None. Abstain: Stacey Bauer and Mark Knudsen. Motion declared carried.

Councilman Bauer moved to approve the minutes of the special meeting held June 21, 2011. Councilman Block seconded the motion. The following council members voted Yes: Darrell Bassett, Stacey Bauer and Kevin Block. No: None. Absent: None. Abstain: Mark Knudsen and Harold Peterson. Motion declared carried.

Councilman Peterson introduced a resolution adopting a plan to increase the city’s population and requesting to the Secretary of State that the city of Ogallala remain a first class city. Council President Bassett read the resolution by title 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. 1323 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.

Brenda Ketcham, Ogallala/Keith County Chamber of Commerce appeared before the council regarding a request to waive part of the occupation tax fee for Special Designated Liquor Licenses for the Taste of Keith County Event.

Councilman Knudsen moved to waive $400.00 of the total $480.00 special designated liquor license occupation tax fees for the Taste of Keith County Event. 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.

Travis Haggard, Economic Development Coordinator, addressed the council regarding recent economic development activities. Topics included were the Celebrate Freedom – Celebrate Ogallala event being held over the July 4^th weekend with the OPT Lake Connection buses running, as well as Sunday events at the Spruce Street Station; Keith County Area Development Technology meeting update; three businesses interested in locating at the North Business Park ; three businesses interested in land on the I-80 corridor; Ogallala Public School Career Day (October 6, 2011); Frontier Development Group meeting; and the Second phase of the Downtown Revitalization CDBG application deadline, due by August 19, 2011.

Councilman Bauer moved to approve the final financial report for Downtown Revitalization Community Development Block Grant Program (10 DTR 008). 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 1281 was introduced and read for the first time on May 24, 2011 and read for the second time on June 14, 2011. Council President Bassett read Ordinance 1281 by title, An ordinance amending section 37-308 street names and numbers of the municipal code of the city of Ogallala, Nebraska. Council President Bassett announced that Ordinance 1281 was read for the third time.

Councilman Block moved for the final passage of the Ordinance. Councilman Knudsen seconded the motion. The President then stated the question: “Shall Ordinance No. 1281 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. 1281 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Council President Bassett announced Ordinance 1282 was introduced and read for the first time on May 24, 2011 and read for the second time on June 14, 2011. Council President Bassett read Ordinance 1282 by title, An ordinance amending section 41-901 all-terrain vehicles and utility-type vehicles, and the penalty section is renumbered to 41-1001 of the municipal code of the city of Ogallala, Nebraska. Council President Bassett announced that Ordinance 1282 was read for the third time.

Councilman Knudsen moved for the final passage of the Ordinance. Councilman Bauer seconded the motion. The President then stated the question: “Shall Ordinance No. 1282 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. 1282 being attached hereto and, by this express reference, incorporated herein and made a part hereof.

Councilman Block introduced a resolution establishing permit fees for all terrain vehicles and utility-type vehicles and amending the fees for picnic tables 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, Stacey Bauer, Kevin Block, Mark Knudsen, and Harold Peterson. The following council Members voted “No”: None. Absent: None. Motion declared carried and Resolution No. 1324 adopted, a copy of said Resolution being attached hereto and by this express reference, incorporated herein and made a part hereof.

Councilman Knudsen moved to approve the following changes in the special designated liquor licenses in connection with the Taste of Keith County event to be held July 28, August 25 and September 22, 2011: MaKenzi’s Photography – change event date from July 28 to Sept. 22; Trail’s End – change event date from July 28 to Sept. 22; Lou Kraus Music – change event date from Aug. 25 to July 28; Z Wireless – change location from Z Wireless to Petal Pushers (111 East 2nd) and the date from Aug. 25 to July 28; Reichert’s Jewelry – change event date from Sept. 22 to Aug. 25; and Clothing Closet – change date from Sept. 22 to Aug. 25. 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.

The City Council discussed the process to be followed during the City Manager Interviews held on July 1, 2011. The consensus of the group is that all council members will take turns in questioning the city manager candidates.

Police Chief Kling requested clarification regarding the effective date of the newly passed ATV/UTV ordinance. The ordinance becomes effective 30 days after publication as required by law.

There being no further business to come before the council, Councilman Peterson moved to adjourn. 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 meeting adjourned at 8:03 P.M.

______________________________

Jane M. Skinner City Clerk

Approved:

________________________________________

Darrell G. Bassett

Council President

STATE OF NEBRASKA )

)

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 June 28, 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)