January 21, 2008

A meeting of the City Council of the City of Fort Calhoun, Nebraska, was held in open and public session at 7:30 o'clock p.m., on January 21, 2008, in the City Council Chambers/Library at the City Hall in Fort Calhoun, Nebraska. The meeting was called to order by the Mayor, Paul Oestmann; City Clerk, Linda Welsher recorded the proceedings, and on roll call the following Council Members answered present: David Genoways, LeRoy Nelson, Michael Smith and Jim Shields.

Notice of the meeting was given in advance thereof by publication or posting, said forms of notice being designated methods for giving notice, an affidavit of publication or a certification of posting being attached to these minutes.

Advance notice of this meeting was also given to the Mayor and all Council Members. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council Members. All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

The Mayor presided and the Clerk recorded the proceedings.

Mayor Oestmann publicly stated to all in attendance that a current copy of the Nebraska Open Meetings Act was available for review and indicated the location of such copy in the room where the meeting was being held.

Member Genoways made a motion seconded by Member Nelson to approve the December 17 and 19, 2007 minutes as published. With members, Shields, Nelson, Smith and Genoways voting "Aye", motion carried.

Member Nelson made a motion seconded by Member Genoways to approve the Treasurer's Report as presented. With members, Smith, Genoways, Shields and Nelson voting "Aye", motion carried.

Member Smith made a motion seconded by Member Genoways to approve the following bills:

OPPD, 2,881.59; MUD, 615.32; Papio M-R NRD, 3,978.35; Abe's Trash, 36.26; Blair Telephone, 312.80; Blue Cross Blue Shield, 1,012.60; Bomgaars, 224.83; Boyle, Hess & Elliott, 1,245.00; Calhoun Oil, 1,021.51; Calhoun Repair, 297.51; Continental Research, 209.53; Data Tech, 46.50; DPC, 42.00; Depository Trust, 7,458.33; J. Egr, 743.75; Enterprise, 306.09; Great Plains, 14.14; Home Depot, 325.10; Hose & Handling, 40.85; Lottery Tax, 1,302.54; Max I. Walker, 106.00; Midwest Lab, 110.00; National Safety Council, 285.00; NE Dept. Rev. 1,106.61; NE PHE Lab, 16.00; Sprint/Nextel, 136.53; New Frontier Ins, 232.00; NPZA, 35.00; Postmaster, 101.40; Schultz, 100.00; Schemmers, 52,286.27; Solution One, 37.36; Team Visa, 37.89; Washington County Sheriff, 5,420.88; County Clerk, 21.00; Washington County Roads, 280.00; December Payroll, 19,401.93.

With members, Genoways, Shields, Nelson and Smith voting "Aye", motion carried.

Washington County Sheriff - Member Genoways made a motion seconded by Member Nelson to approve the Lease Agreement with Washington County for the 2008 Chevy Impala patrol car, January 2008 through September 30, 2010. With members, Shields, Nelson, Smith and Genoways voting "Aye", motion carried.

Member Smith made a motion seconded by Member Genoways to approve the January 7, 2008 Planning Commission minutes as presented. With members, Nelson, Smith, Genoways, Shields and Nelson voting "Aye", motion carried.

Member Genoways made a motion seconded by Member Shields to approve Ralph Carter and Eric Herbert's attendance at the 2008 APA/NPZA Conference in Grand Island, February 20 - 22. With members, Smith, Genoways, Shields and Nelson voting "Aye", motion carried.

At 7:39 P.M. Mayor Oestmann stated in accordance with the published notice, it was now time to conduct the public hearings relative to hearing support of or protest against the proposed rezoning and subdivision of Tax Lot 108, in the following order:

o STANLEY KARAS, REZONING FROM AG AGRICULTURAL DISTRICT TO TA TRANSITIONAL AGRICULTURAL DISTRICT, OF TAX LOT 108 (NE ¼ NW ¼ 2-17-12), ADDRESS, 6017 CO. RD. P43.

o STANLEY KARAS, PRELIMINARY PLAT OF MAJOR SUBDIVISION OF TAX LOT 108 (NE ¼ NW1/4 2-17-12), CURRENT ADDRESS 6017 CO RD P43.

The Clerk reported no written comments were received on any of the above items; Mayor Oestmann asked if there were any persons present who wished to be heard concerning the items. Following discussion, Mayor Oestmann closed the public hearings at 7:40 and 7:41 P.M. consecutively.

At 4:41 P.M. Mayor Oestmann stated in accordance with the published notice, it was now time to conduct the public hearings relative to hearing support of or protest against the proposed changes to the Fort Calhoun Subdivision Regulations, held consecutively in the following order:

o AN ORDINANCE AMENDING ARTICLE 3 "PROCEDURES AND ADMINISTRATION", SECTION 302 "ADMINISTRATIVE SUBDIVISIONS" OF THE FORT CALHOUN, NEBRASKA SUBDIVISION REGULATIONS TO CHANGE THE DEADLINE FOR SUBMISSION TO 14 DAYS PRIOR TO THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING AND TO REMOVE "REGISTERED PROFESSIONAL ENGINEER" FROM LANGUAGE.

o AN ORDINANCE AMENDING ARTICLE 5 "CIRCULATION SYSTEM DESIGN", SECTION 503 "STREET HIERARCHY AND DESIGN" OF THE FORT CALHOUN, NEBRASKA SUBDIVISION REGULATIONS TO INCLUDE ALLEYS IN THE STREET HIERARCHY TABLE AND TO PLACE MINIMUM DESIGN STANDARDS ON ALLEYS.

The Clerk reported no written comments received on either of the above items; Mayor Oestmann asked if there were any persons present who wished to be heard concerning the items. Following discussion, Mayor Oestmann closed the public hearings at 7:42 P.M.

At 4:42 P.M. Mayor Oestmann stated in accordance with the published notice, it was now time to conduct the public hearings relative to hearing support of or protest against the proposed 2008/2009 One and Six Year Street Improvement Plan for the City of Fort Calhoun.

The Clerk reported no written comments received on the 2008/2009 One and Six Plan; Mayor Oestmann asked if there were any persons present who wished to be heard concerning the items. Following discussion, Mayor Oestmann closed the public hearings at 7:44 P.M.

Unfinished Business:

City Engineer, Ron Woracek, TSA, reported on the Waste Water Conveyance Project.

City Attorney Jim Egr reported on the status of various legal matters.

Mayor Oestmann nominated David Genoways, with his acceptance, for City Council President. Members Genoways, Shields, Nelson and Smith voted "Aye", nomination approved.

Ordinances and Resolutions:

Member Genoways introduced the following Resolution No. 2008-01 and moved for its passage and adoption. Motion seconded by Member Nelson. With the following voting "Aye": Genoways, Nelson and Smith. The following voted "Nay": NONE, motion carried.

A true and complete copy of the said resolution is as follows:

RESOLUTION NO. 2008 - 01

BE IT RESOLVED BY THE COUNTY BOARD OF SUPERVISORS OF WASHINGTON COUNTY, NEBRASKA & THE CITY OF FORT CALHOUN, NEBRASKA:

PURSUANT to State of Nebraska Statute No. 39-6189, The Washington County Board of Supervisors and the City of Fort Calhoun herein imposes restrictions as to the weights of vehicles allowed on the following Armor Coat County Roads within the jurisdiction of the City of Fort Calhoun:

County Road No. P43 from the west edge of the property of Fort Calhoun High School located on Lincoln Street west then north to County Road No. 32, a distance of approximately 2,640 feet or one-half mile.

County Road No. 32 from County Road P43 west to the cul-de-sac or dead end, of said road, which is a distance of approximately 1,580 feet or .03 tenths of a mile.

NOW THEREFORE, BE IT RESOLVED:

THAT The Washington County Board of Supervisors and The City of Fort Calhoun does hereby set the Weight Restriction of 8 - 12 - 16 tons on the above mentioned roads beginning on March 1, 2008 and not to exceed ninety days from this date forward each year until the weight restriction is lifted.

Dated this 8th Day of January 2008. Duane Wilcox, Chairman Washington County Board of Supervisors ATTEST: Merry M. Truhlsen, County Clerk

Dated this 21st Day of January 2008. Paul L. Oestmann, Mayor City of Fort Calhoun ATTEST: Linda Welsher, City Clerk

Mayor Oestmann introduced the following Ordinance entitled:

AN ORDINANCE AMENDING ARTICLE 3 "PROCEDURES AND ADMINISTRATION", SECTION 302 "ADMINISTRATIVE SUBDIVISIONS" OF THE FORT CALHOUN, NEBRASKA SUBDIVISION REGULATIONS TO CHANGE THE DEADLINE FOR SUBMISSION TO 14 DAYS PRIOR TO THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING AND TO REMOVE "REGISTERED PROFESSIONAL ENGINEER" FROM LANGUAGE

Said Ordinance was designated as Ordinance No. 595 and the title thereof was approved.

Member Smith moved that the statutory rule requiring an ordinance to be fully and distinctly read on three different days be suspended. Member Nelson seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted "Aye": Nelson, Smith, Genoways and Shields. The following voted "Nay": NONE. The motion to suspend the rules was adopted by the required three-fourths of the members elected to the Council and the statutory rule was declared suspended for consideration of said Ordinance.

Thereupon said Ordinance No. 595 was then read by title and thereafter Member Genoways moved for final passage of the ordinance, which motion was seconded by Member Shields. On roll call, the following voted "Aye": Smith, Genoways, Shields and Nelson. The following voted "Nay": NONE. The motion having been adopted by the required three-fourths of the members elected to the Council as provided by law was by Mayor Oestmann declared passed and adopted, and in the presence of the Council signed and approved the Ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto.

A true and complete copy of Ordinance No. 595 is on file at city hall and can be reviewed during normal business hours.

Mayor Oestmann introduced the following Ordinance entitled:

AN ORDINANCE AMENDING ARTICLE 5 "CIRCULATION SYSTEM DESIGN", SECTION 503 "STREET HIERARCHY AND DESIGN" OF THE FORT CALHOUN, NEBRASKA ZONING REGULATIONS TO INCLUDE ALLEYS IN THE STREET HIERARCHY TABLE AND TO PLACE MINIMUM DESIGN STANDARDS ON ALLEYS.

Said Ordinance was designated as Ordinance No. 596 and the title thereof was approved.

Member Shields moved that the statutory rule requiring an ordinance to be fully and distinctly read on three different days be suspended. Member Genoways seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted "Aye": Genoways, Shields, Nelson and Smith. The following voted "Nay": NONE. The motion to suspend the rules was adopted by the required three-fourths of the members elected to the Council and the statutory rule was declared suspended for consideration of said Ordinance.

Thereupon said Ordinance No. 596 was then read by title and thereafter Member Nelson moved for final passage of the ordinance, which motion was seconded by Member Smith. On roll call, the following voted "Aye": Shields, Nelson, Smith and Genoways. The following voted "Nay": NONE. The motion having been adopted by the required three-fourths of the members elected to the Council as provided by law was by Mayor Oestmann declared passed and adopted, and in the presence of the Council signed and approved the Ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto.

A true and complete copy of Ordinance No. 596 is on file at city hall and can be reviewed during normal business hours.

Mayor Oestmann introduced the following Ordinance entitled:

AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF FORT CALHOUN, NEBRASKA, PURSUANT TO THE PROVISIONS OF SECTIONS 17-405.01 ET. SEQ. OF THE REVISED STATUTES OF NEBRASKA, AS AMENDED, BY ANNEXATION THERETO A CERTAIN TRACT OF ADJACENT AND CONTIGUOUS LAND LYING WITHIN THE EXTRATERRITORIAL ZONING AND SUBDIVISION JURISDICTION OF THIS CITY, PRESENTLY ZONED FOR GENERAL INDUSTRIAL USE AND LEGALLY DESCRIBED AS TAX LOTS 92, 119, 121 AND THE WEST ONE-HALF OF THE ABANDONED ST. PAUL AND OMAHA RAILROAD ABUTTING TAX LOT 92 IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 17 NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA; ALL AS MORE SPECIFICALLY AND ACCURATELY DEPICTED AND LEGALLY DESCRIBED UPON THE ATTACHED SURVEY, IDENTIFIED AS EXHIBIT "A" AS PREPARED AND CERTIFIED AS TO ACCURACY BY THE SCHEMMER ASSOCIATES, WHICH BY THIS REFERENCE IS MADE A PART OF THIS ORDINANCE

Member Smith moved to approve the second reading of Ordinance No. 597. Member Nelson seconded the motion and upon roll call, the following Council Members voted "Aye": Nelson, Smith, Genoways and Shields. The following voted "Nay": NONE. Motion approved.

The final reading of Ordinance No. 597 is scheduled for the February 18, 2008 regular meeting.

Mayor Oestmann introduced the following Ordinance entitled:

AN ORDINANCE AMENDING ARTICLE X - BOARD OF PARK COMMISSIONERS SECTION 1-1001; MEMBERS; TERM; COMPENSATION; TO REPEAL ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.

Said Ordinance was designated as Ordinance No. 598 and the title thereof was approved.

Member Nelson moved that the statutory rule requiring an ordinance to be fully and distinctly read on three different days be suspended. Member Smith seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted "Aye": Smith, Genoways, Shields and Nelson. The following voted "Nay": NONE. The motion to suspend the rules was adopted by the required three-fourths of the members elected to the Council and the statutory rule was declared suspended for consideration of said Ordinance.

Thereupon said Ordinance No. 598 was then read by title and thereafter Member Genoways moved for final passage of the ordinance, which motion was seconded by Member Nelson. On roll call, the following voted "Aye": Genoways, Shields, Nelson and Smith. The following voted "Nay": NONE. The motion having been adopted by the required three-fourths of the members elected to the Council as provided by law was by Mayor Oestmann declared passed and adopted, and in the presence of the Council signed and approved the Ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto.

A true and complete copy of Ordinance No. 598 is on file at city hall and can be reviewed during normal business hours.

Mayor Oestmann introduced the following Ordinance entitled:

AN ORDINANCE AMENDING ARTICLE II - STREETS, SECTION 5-201 OF THE MUNICIPAL CODE OF THE CITY OF FORT CALHOUN, NEBRASKA, TO INCLUDE THE REQUIREMENT OF DISPLAYING ASSIGNED ADDRESS NUMBERS; APARTMENT OR UNIT NUMBERS, ON ALL BUILDINGS SERVED BY A SEPARATE OR INDIVIDUAL DOORS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.

Said Ordinance was designated as Ordinance No. 599 and the title thereof was approved.

Member Shields moved that the statutory rule requiring an ordinance to be fully and distinctly read on three different days be suspended. Member Genoways seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted "Aye": Shields, Nelson, Smith and Genoways. The following voted "Nay": NONE. The motion to suspend the rules was adopted by the required three-fourths of the members elected to the Council and the statutory rule was declared suspended for consideration of said Ordinance.

Thereupon said Ordinance No. 599 was then read by title and thereafter Member Genoways moved for final passage of the ordinance, which motion was seconded by Member Shields. On roll call, the following voted "Aye": Nelson, Smith, Genoways and Shields. The following voted "Nay": NONE. The motion having been adopted by the required three-fourths of the members elected to the Council as provided by law was by Mayor Oestmann declared passed and adopted, and in the presence of the Council signed and approved the Ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto.

A true and complete copy of Ordinance No. 599 is on file at city hall and can be reviewed during normal business hours.

Mayor Oestmann introduced the following Ordinance entitled:

AN ORDINANCE TO AMEND SECTION 6-210 OF CHAPTER VI, ARTICLE II OF THE FORT CALHOUN, NEBRASKA REVISED MUNICIPAL CODE (ORDINANCE NO. 529, PASSED AND APPROVED NOVEMBER 18, 2002), TO PROVIDE A CURRENT SCHEDULE OF CAPITAL FACILITIES CHARGES FOR CONNECTIONS TO THE CITY WATER SYSTEM, TO REPEAL ORIGINAL SECTION 6-210 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND TO PROVIDE AN EFFECTIVE DATE FOR THE OPERATION HEREOF.

Said Ordinance was designated as Ordinance No. 600 and the title thereof was approved.

Member Genoways moved that the statutory rule requiring an ordinance to be fully and distinctly read on three different days be suspended. Member Smith seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted "Aye": Smith, Genoways, Shields and Nelson. The following voted "Nay": NONE. The motion to suspend the rules was adopted by the required three-fourths of the members elected to the Council and the statutory rule was declared suspended for consideration of said Ordinance.

Thereupon said Ordinance No. 600 was then read by title and thereafter Member Smith moved for final passage of the ordinance, which motion was seconded by Member Nelson. On roll call, the following voted "Aye": Genoways, Shields, Nelson and Smith. The following voted "Nay": NONE. The motion having been adopted by the required three-fourths of the members elected to the Council as provided by law was by Mayor Oestmann declared passed and adopted, and in the presence of the Council signed and approved the Ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto.

A true and complete copy of Ordinance No. 600 is on file at city hall and can be reviewed during normal business hours.

Ordinance No. 601 - tabled for discussion in new business.

New Business:

City fiscal advisor, Phil Lorenzen arrived and distributed Sanitary Sewer/Wastewater Facilities Financing Outline, Series 2008. Following discussion, Mr. Lorenzen stated he and Bond Council will prepare the necessary documents and Ordinance for consideration at the regular February meeting.

Member Nelson made a motion seconded by Member Smith to approve the Zoning Change Request of Tax Lot 108 (2-17-12) from AG Agricultural District to TA Transitional Agricultural, from Stanley Karas. With members Nelson, Smith, Genoways and Shields voting "Aye", motion carried.

Member Genoways made a motion seconded by Member Nelson to approve the Preliminary Plat of the Karas Subdivision, Tax Lot 108 (2-17-12). With members, Smith, Genoways, Shields and Nelson voting "Aye", motion carried.

Additional discussion with City Fiscal Advisor, Phil Lorenzen regarding the Fiscal Agent Agreement was tabled. The clerk will contact USDA, concerning requirements.

Member Genoways made a motion seconded by Member Smith to approve the USDA Funding Agency Addition, the revised/required Engineers Agreement for the Design Phase of the Wastewater Facilities. With members, Shields, Nelson, Smith and Genoways voting "Aye", motion carried.

Member Genoways made a motion seconded by Member Nelson to approve the clerks request to attend the Nebraska Municipal Clerk Academy, March 19 - 21, 2008 in Kearney. With members, Nelson, Smith, Genoways and Shields voting "Aye", motion carried.

Public comments: Member Smith asked about several on going maintenance projects.

Member Genoways made a motion seconded by Member Nelson to go into closed session, for personnel review/compensation discussion. With members, Smith, Genoways, Shields and Nelson voting "Aye", motion carried.

After the vote of the council, Mayor Oestmann stated for the record, the motion was made, seconded and carried for the council to go into closed session for personnel review/compensation discussion. Mayor Oestmann declared the meeting in closed session at 8:40 P.M.

The council returned to open session at 9:02 P.M.

Member Nelson made a motion seconded by Member Smith to approve a $1.90/hour pay increase for the Clerk/Treasurer position, retroactive to the beginning of the 2007/2008 Fiscal Year. Following discussion, members Nelson, Smith, Genoways and Shields voted "Aye", motion carried.

Member Genoways made a motion seconded by Member Shields to authorize advertisement for a Part-Time Office Assistant, and for the clerk to research and provide recommendations for the physical accommodations required for an assistant in the office. With members, Smith, Genoways, Shields and Nelson voting "Aye", motion carried.

Member Nelson made a motion seconded by Member Shields to adjourn. With all members voting "Aye", the meeting was declared adjourned at 9:15 P.M.

______________________________________ Paul L. Oestmann, Mayor

Attest: