February 18, 2008

A special informal meeting of the City Council of the City of Fort Calhoun, Nebraska, was held in open and public session at 7:00 o'clock p.m., on February 18, 2008, in the City Council Chambers/Library at the City Hall in Fort Calhoun, Nebraska. The Mayor, three council members and Planning Commissioner, Darin Wilson were present, as well as the City Engineer, Ron Woracek, Planning Consultant, Chris Solberg and Senior Planner, Bruce Fountain all with TSA. No business was conducted. The Planners expressed their appreciation for the consulting agreement, and asked if there were any questions or comments concerning the current agreement.

The regular 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 February 18, 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 and Jim Shields. Member Smith was absent.

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 Shields to approve the January 21, 2008 minutes as published. With members, Shields, Nelson and Genoways voting "Aye", Smith absent, motion carried.

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

Member Shields made a motion seconded by Member Genoways to approve the following bills as amended:

OPPD, 2,875.20; MUD, 701.89; Papio M-R NRD, 7,876.85; Abe's Trash, 36.26; Advance Auto, 39.16; Bi-State Motors, 104.45; Blair Telephone, 312.23; Blue Cross Blue Shield, 1,318.60; Calhoun Oil, 979.31; Data Tech, 10.26; DPC, 42.00; Dennis Carlson, 4,350.00; Depository Trust, 6,695.00; J. Egr, 892.50; Enterprise, 935.35; FCCS, 1,350.00; Great Plains, 11.76; Home Depot, 105.87; HD Supply, 290.89; Max I. Walker, 106.00; Midwest Lab, 55.00; NE Dept. Rev. 1,037.80; NE PHE Lab, 9.00; NE Rural Water, 150.00; New Frontier Ins, 191.00; Northern Tool, 178.63; Postmaster, 166.88; Schultz, 100.00; Schemmers, 5,532.59; Solution One, 43.48; Sprint/Nextel, 133.73; Washington County Roads, 140.00; Washington County Sheriff, 5,420.88; January Payroll, 11,312.62.

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

Washington County Sheriff - no comments.

Member Genoways made a motion seconded by Member Shields to approve the February 4, 2008 Planning Commission minutes as presented. With members, Shields, Nelson and Genoways voting "Aye", Smith absent, motion carried.

Park Board Minutes - unavailable at time of meeting, the clerk was directed to contact the secretary.

Member Nelson made a motion seconded by Member Genoways to approve the Enhancement Committee minutes as presented. With members, Genoways, Shields and Nelson voting "Aye", Smith absent, 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 FINAL PLAT OF MAJOR SUBDIVISION OF TAX LOT 108 (NE ¼ NW1/4 2-17-12), CURRENT ADDRESS 6017 CO RD P43 (KARAS ADDITION.)

The Clerk reported no written comments were received regarding the subdivision. Mayor Oestmann asked if there was anyone present who wished to be heard. Following comment by Member Genoways, Mayor Oestmann closed the public hearing at 7:40.

Special Requests:

Member Genoways made a motion seconded by Member Shields to enter into an agreement for enrollment into the Virtual System Administrator Program with Personalized Computer Services, LLC, (computer maintenance and off site system back-up.) With members, Genoways, Shields and Nelson voting "Aye", Smith absent, motion carried.

Unfinished Business:

City Engineer, Ron Woracek, TSA, reported on the Waste Water Conveyance Project, stating he has been unable to speak with the owner of Midwest Right of Way Services, LLC. The Mayor and President Genoways reminded the engineer of the urgency and their expectation to hear something back within the next day or two. The engineer also reported he would be meeting with Tim Wander, District 2 Engineer, NDOR, concerning the drainage of HWY 75 on the south side of the city.

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

Ordinances and Resolutions:

Member Genoways introduced the following Resolution No. 2008-02 and moved for its passage and adoption. Motion seconded by Member Shields. With the following voting "Aye": Shields, Nelson and Genoways. The following voted "Nay": NONE, Smith absent, motion carried.

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

RESOLUTION NO. 2008 - 02

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FORT CALHOUN, NEBRASKA, THAT THE 2008/2009 ONE- AND SIX-YEAR PLAN FOR THE CONSTRUCTION MAINTENANCE, AND REPAIR OF THE STREETS OF THE CITY OF FORT CALHOUN, NEBRASKA, AS PREPARED BY THE CITY STREET SUPERINTENDENT AND AS AMENDED BY THE CITY COUNCIL BE AND IS HEREBY ADOPTED.

BE IT FURTHER RESOLVED THAT A CERTIFIED COPY OF SAID PLAN BE FILED WITH THE BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS, STATE OF NEBRASKA.

ADOPTED THIS 18th DAY OF FEBRUARY 2008

PAUL L. OESTMANN, MAYOR ATTEST:

LINDA WELSHER, CMC, CITY CLERK

Mayor Oestmann introduced for final reading, Ordinance No. 597 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 14, 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 Shields moved to approve the final reading and passage of Ordinance No. 597. Member Nelson seconded the motion and upon roll call, the following Council Members voted "Aye": Nelson, Genoways and Shields. The following voted "Nay": NONE. Smith absent. 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. 597 is on file at city hall and can be reviewed during normal business hours.

Ordinance No. 601 was tabled for a possible special meeting or the regular March meeting, to be determined.

Mayor Oestmann introduced the following Ordinance entitled:

AN ORDINANCE CREATING BY-LAWS FOR THE PLANNING COMMISSION OF THE CITY OF FORT CALHOUN, NEBRASKA; 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. 602 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 Genoways seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted "Aye": Genoways, Shields and Nelson. The following voted "Nay": NONE. Smith absent. 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. 602 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": Shields, Nelson and Genoways. The following voted "Nay": NONE. Smith absent. 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. 602 including the By-Laws 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 THE OFFICIAL ZONING DISTRICT MAP OF FORT CALHOUN, NEBRASKA, ADOPTED BY REFERENCE WITHIN THE ZONING CHAPTER OF THE LAND DEVELOPMENT ORDINANCE OF FORT CALHOUN, (ORDINANCE NO. 577, May 21, 2007), BY CHANGING THE ZONING CLASSIFICATION FROM AGRICULTURE DISTRICT TO TRANSITIONAL AGRICULTURE DISTRICT, LOTS 1 THROUGH 4, OF THE REPLAT OF TAX LOT 108, SECTION 2, T17N, R12E, FORT CALHOUN, WASHINGTON COUNTY, NEBRASKA: ALL AS MORE SPECIFICALLY DEPICTED AND LEGALLY DESCRIBED UPON THE ATTACHED MAP, PLAT OR SURVEY: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.

Said Ordinance was designated as Ordinance No. 603 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 Nelson seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted "Aye": Nelson, Genoways and Shields. The following voted "Nay": NONE. Smith absent. 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 603 was then read by title and thereafter Member Shields moved for final passage of the ordinance, which motion was seconded by Member Genoways. On roll call, the following voted "Aye": Genoways, Shields and Nelson. The following voted "Nay": NONE. Smith absent. 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. 603 is on file at city hall and can be reviewed during normal business hours.

New Business:

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

Public comments: None

Future Agenda Items: The clerk reported Park Commissioner Mike Smith requested a special meeting on Monday, March 17, 2008 at 7:00 P.M. with the Park Board.

Member Shields made a motion seconded by Member Nelson to adjourn. With all members voting "Aye", the meeting was declared adjourned at 8:20 P.M.

Paul L. Oestmann, Mayor

Attest: