March 17, 2008

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 March 17, 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, Jim Shields and Mike Smith. Member LeRoy Nelson 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 February 18, 2008 minutes as corrected. With members, Shields, Smith and Genoways voting "Aye", Nelson absent, motion carried.

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

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

OPPD, 2,853.80 and 240.25, utl; MUD, 705.58,utl; Papio M-R NRD, 5,169.35, water; Abe's Trash, 36.26, ser; Batteries Plus, 121.50, sup; Bennington Imp, 380.00, eqp; Bi-State Motors, 275.41, sup; Blair Book, 46.48, sup; Blair Telephone, 311.91,utl; Blue Cross Blue Shield, 1,318.60, ins; Calhoun Oil, 806.40, fuel; Customer1, 116.08, ser; DPC, 42.00, fee; J. Egr, 1,423.75,ser; Enterprise, 679.56, pub; Great Plains, 16.16, fee; Holiday Inn, 194.85, training; HD Supply, 29.14, sup; J. Jones, 400.00, cont; NE Dept Rev., 100.00, lic; Max I. Walker, 106.00, ser; Michael Todd, 289.76, eqp; NE Dept. Rev. 978.28, tax; NE PHE Lab, 9.00, fee; PC Services, 293.95, cont & eqp; Simplex/Grinnell, 139.64, ser, Postmaster, 165.12, sup; Schultz, 100.00, ser; Schemmers, 1,751.61, fee; Solution One, 38.01, sup; Sprint/Nextel, 360.30, sell/ser; Team Visa, 7.37, sup; Washington County Sheriff, 5,420.88, cont; Washington Co. Reg/Deeds, 23.00, fee; February Payroll, 18,658.12.

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

Washington County Sheriff - no comments.

Member Genoways made a motion seconded by Member Shields to approve the March 3, 2008 Planning Commission minutes as presented. With members, Shields, Smith and Genoways voting "Aye", Nelson absent, motion carried.

Member Genoways made a motion seconded by Member Smith to approve the Administrative Lot Consolidation of Lots 6 & 7 of Halford's Cherry Hills Plaza. Following Discussion, members Smith, Genoways and Shields voting "Aye", Nelson absent, motion carried.

Member Genoways made a motion seconded by Member Shields to approve the February 14 and March 13, 2008 Park Board minutes as presented. With members, Smith, Genoways and Shields voting "Aye", Nelson absent, motion carried.

Member Genoways made a motion seconded by Member Smith to appoint Kelly Shaner to the Park Board for the remainder of the 2008-2010 term. With members Genoways, Shields and Smith voting "Aye", Nelson absent, motion carried.

Member Genoways made a motion seconded by Member Shield to approve the $400.00 contract for Jean Jones to schedule the 2008 ball field use. With members, Shields, Smith and Genoways voting "Aye", Nelson absent, motion carried.

Member Smith made a motion seconded by Member Genoways to approve the March 3, 2008 Enhancement Committee minutes as presented. With members, Smith, Genoways, Shields and Smith voting "Aye", Nelson absent, motion carried.

Special Requests: None

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.

Fort Calhoun Trail Drainage was discussed.

Ordinances and Resolutions:

Member Shields made a motion seconded by Member Genoways to rescind the third and final reading of Ordinance No. 597 and call it up for re-doing and final reading to amend a scrivener's error. With members, Smith, Genoways and Shields voting "Aye", Nelson absent, motion carried.

Mayor Oestmann introduced for final reading the corrected 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 Genoways seconded the motion and upon roll call, the following Council Members voted "Aye": Genoways, Shields and Smith. The following voted "Nay": NONE. Nelson 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.

Mayor Oestmann introduced the following Ordinance entitled:

AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, SERIES 2008, OF THE CITY OF FORT CALHOUN, NEBRASKA, OF THE PRINCIPAL AMOUNT OF THREE MILLION DOLLARS ($3,000,000) FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR THE PORTION OF THE COSTS OF CONSTRUCTING CERTAIN SANITARY SEWER AND WASTEWATER SYSTEM IMPROVEMENTS WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE CITY, PENDING THE ISSUANCE OF PERMANENT GENERAL OBLIGATION SEWER BONDS; PRESCRIBING THE FORM OF SAID NOTES; AGREEING TO ISSUE GENERAL OBLIGATION BONDS TO PAY THE NOTES AT MATURITY OR TO PAY THE NOTES FROM OTHER AVAILABLE FUNDS; AND, ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID NOTES.

Said Ordinance was designated as Ordinance No. 601 and the title thereof was approved.

Council Member Genoways moved that the statutory rule requiring an ordinance to be fully and distinctly read on three different days be suspended. Council Member Smith seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted "Aye": Shields, Smith and Genoways. The following voted "No" NONE. Nelson 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. 601 was then read by title and thereafter Council Member Smith moved for final passage of the ordinance, which motion was seconded by Council Member Shields. On roll call, the following voted "Aye": Smith, Genoways and Shields. The following voted "No" NONE. Nelson absent. The passage and adoption of said Ordinance having been concurred in by a three-fourths majority of all the members elected to the Council, Mayor Oestmann declared the Ordinance adopted, and the Mayor, 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. 601 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 X - BOARD OF PARK COMMISSIONERS SECTION 1-1002; ORGANIZATION; DUTIES; 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. 604 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 Shields seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted "Aye": Smith, Genoways and Shields. The following voted "No" NONE. Nelson 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 604 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 Smith. The following voted "No" NONE. Nelson 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. 604 is on file at city hall and can be reviewed during normal business hours.

Member Genoways introduced Resolution No. 2008-03, allowing the city to open an account with D. A. Davidson & Co. for the purpose of buying, selling and trading in bonds and other fixed income securities as needed, and moved for its passage and adoption. Motion seconded by Member Smith. With the following voting "Aye": Shields, Smith and Genoways. The following voted "No" NONE, Nelson absent, motion carried.

A true and complete copy of the said resolution is on file at city hall and can be viewed during normal business hours.

Member Genoways made a motion seconded by Member Shields to approve Friday, April 25 through Sunday, May 4, 2008 as the Annual Spring Clean-up, providing a dumpster and the city shop, for use by residents of the city. With members, Smith, Genoways and Smith voting "Aye", Nelson absent, motion carried.

Member Smith made a motion to recommend approval of the proposal from Ehrhart Griffin and Associates for the design and construction engineering of the Pioneer Trail. Motioned died due to the lack of a second.

Member Genoways made a motion seconded by Member Shields to approve the Schemmer Associates proposal for the design and construction engineering of the Pioneer Trail on the basis that the city has good working relationship with our current engineer. With members, Genoways and Shields voting "Aye", Smith voting "No" and Nelson absent. Motion carried, verified by Attorney Egr. The city will recommend the approval of the city engineer's to Nebraska Game and Parks for concurrence.

Member Genoways reported on his attendance of the February 21 Blair Chamber Leadership Panel Discussion, stating he believes the city should express interest to the Blair Mayor and City Council in future planning for development along Highway 75. Mayor Oestmann will contact Mayor Realph.

The clerk presented ideas on office furniture options and a bid on renovation of the city office storage area; door replacement and front windows. Following discussion the clerk was directed to obtain additional bids and clarification of the furniture purchase and moving proposals.

Public comments: Mayor Oestmann reported on the recent meeting with the maintenance supervisor and that the NRD has been having problems and been working on the second water meter in Southern Heights, stating the problems could be the reason for the differences in question since the installation.

Member Genoways made a motion seconded by Member Smith to go into closed session, for additional personnel selection and compensation discussion. With members, Smith, Genoways, Shields voting "Aye", Nelson absent, 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 selection and compensation discussion. Mayor Oestmann declared the meeting in closed session at 9:15 P.M.

The council returned to open session at 9:30 P.M.

Member Genoways made a motion seconded by Member Shields to approve the clerk's recommendation to offer Joy Ruma the part-time office assistant position at her requested rate of pay. With members, Genoways, Shields and Smith voting "Aye", Nelson absent, motion carried.

Future Agenda Items: Un-kept properties.

Member Smith made a motion seconded by Member Shields to adjourn. With all members voting "Aye", the meeting was declared adjourned at 9:35 P.M.

Paul L. Oestmann, Mayor

Attest: