The Mayor and City Council of the City of Bayard, County Morrill, State of Nebraska, met in regular session in the Council
Chambers located at 445 Main Street, in the City, on the 10th day of July, 2012, at 7:00 P.M. Notice of the meeting
having been published in the Bayard Transcript, a newspaper of general circulation, on July 4, 2012. An agenda for the
meeting was made available to the Mayor and each of the Council prior to the meeting. Present were Mayor John
Araujo, Council members Michelle Coolidge, Nate Edmunds, Jim Ostdiek, and Scot Ouderkirk. Council Member Lloyd
Steele and Chad Verbeck were absent. Also present were Jennifer Kriha, City Clerk/Treasurer; Jerry Ostdiek, City
Attorney; Zak Douglass, Chief of Police; Aaron Nab, Grounds Superintendent; Kevin Wurm, Utilities Superintendent;
David Williamson, Nursing Home Administrator; and concerned citizens. There being a quorum of Council members
present, Mayor Araujo called the meeting to order at 7:03 P.M. with the Clerk/Treasurer recording the minutes.
Mayor Araujo called the meeting to order and all present voluntarily recited the Pledge of Allegiance.
Council member Ostdiek moved to approve the agenda. Seconded by Council Member Edmunds. ROLL CALL: AYES:
Coolidge, Edmunds, Ostdiek, and Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Mayor Araujo stated that every meeting of the Bayard City Council shall be open to the public in order that citizens may
exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided
by the Constitution of Nebraska, federal statutes and the Open Meetings Act, and that the City of Bayard is required to
inform the public that a copy of the Open Meetings Act is posted on the door.
Discussion was held on the daily business at Chimney Rock Villa Nursing Home.
All department heads: Jennifer Kriha, Zak Douglass, Aaron Nab, and Kevin Wurm presented a monthly report for their
departments.
Discussion was held on the monthly review for Chimney Rock Golf Course.
The discussion of employee evaluation forms will continue to be on the upcoming council agendas. There were 3
different forms along with the current form given to each council member. The copies will also be given to each
department head.
It was decided to put the August water/budget meeting on the July 19, 2012, agenda.
Discussion was held on Ordinance #741 regarding a special use permit for large animals. The council would like to
change the “one (1) animal per 1.5 acres” to say “two (2) animals per 1.5 acres.”
Council member Ostdiek introduced Ordinance No. 741, and moved that the statutory rules requiring reading of the title
on three different days be suspended. Council Member Ouderkirk seconded the motion. Mayor Araujo stated that it
has been moved and seconded that the statutory rules requiring reading of the title on three different days be
suspended. ROLL CALL: AYES: Coolidge, Edmunds, Ostdiek, and Ouderkirk. NAYS: None. ABSENT: Steele and
Verbeck. Without three-fourths of the elected council required to pass this motion, the first reading of the title
by City Clerk/Treasurer Kriha: “AN ORDINANCE OF THE CITY OF BAYARD PROHIBITING HARBORING
AND MAINTAINING CERTAIN NON-DOMESTIC ANIMALS WITHIN THE CITY LIMITS; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE.”
Discussion was held on a citizen’s agenda item regarding riding bicycles on the sidewalks. It was decided that the police
committee will work with Chief Douglass and Attorney Phil Kelly to decide what modifications, if any, need to be made
to the current City ordinance regarding riding bicycles on the sidewalks. It was also requested that School Resource
Officer Mascher put on a program at the schools regarding bicycle safety and rules. This item will be put on the August
14, 2012, agenda.
Larry Steele with Miller & Associates was unable to attend the meeting to give an update on the pool feasibility study.
The Clerk/Treasure will email Mr. Steele and invite him to the August 14, 2012, meeting.
Discussion was held on the impoundment policy on dogs that have bitten people or other animals. Attorney Phil Kelly
and Chief Douglass had not had a chance to bring a new policy to the council. This will be added to the August 14, 2012,
agenda. The police committee is to discuss the fence around the dog pound as well.
Discussion took place regarding the nuisance determination regarding the old lumber yard on East 5th Street and the R &
M Enterprises building on Main Street. Engineer Clint Schaff wrote a report for the council regarding the mentioned
buildings. After discussion on these buildings it was decided Councilmember Coolidge will check with PADD (Panhandle
Area Development District) to see what kind of grants are available to municipalities for demolition. Mike Sarchette
with TCD (Twin Cities Development) has mentioned the Nebraska Department of Environmental Quality may have
brown-field grants still available. Mayor Araujo and Chief Douglass will look at the buildings again and see if they can
obtain permission from the owners to go inside the buildings. An update on the above buildings will be on the August
14, 2012, council meeting agenda.
Mayor Araujo said he visited with Mike Harimon regarding the repairs for the 1986 MACK fire truck. Harimon stated the
truck would be worked on this week and Fyr-Tek will be here next week.
Discussion involving the internet service at the new fire hall and other City buildings continued. An invoice was received
regarding work being done to new fire hall for internet service. Clerk/Treasurer Kriha will check with the fire
department to see if the internet is hooked up and working. She is also to call the City of Scottsbluff, Bridgeport and
Mitchell to see who they use for internet service, if they are wireless and if they are who they used for that service.
Discussion regarding the City of Bayard’s website resulted in agreement that the City’s website needs to be re-vamped.
Clerk/Treasurer Kriha is to get the contact information from Bayard School’s Superintendent for the company they use.
Kriha is to contact the company and ask if they would come out and do a presentation for the council at the August 2012
meeting.
Council member Ostdiek moved to approve the renewal of the Neptune support for the metering equipment and
software in the amount of $4,736.08 plus sales tax payable to Municipal Supply Inc. Seconded by council member
Edmunds. ROLL CALL: AYES: Coolidge, Edmunds, Ostdiek, and Ouderkirk. NAYS: None. Motion declared carried by
Mayor Araujo.
Council member Ostdiek moved to approve payment of $937.09 to Panhandle Are Development District (PADD) for the
2012/2013 fiscal year dues. Seconded by council member Coolidge. ROLL CALL: AYES: Coolidge, Edmunds, Ostdiek,
and Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Discussion was held regarding Bayard’s 125th celebration in 2013. Council member Coolidge will head up a committee
regarding the celebration for ideas and budget amounts. It was agreed to talk about including funds in the 2012/203
fiscal year budget for the first 9 months of the year and the remaining 3 months to be included in the 2013/2014 budget.
Council Member Coolidge moved to approve the City of Bayard Bills & Claims. Seconded by Council member Ouderkirk.
ROLL CALL: AYES: Coolidge, Edmunds, Ostdiek, and Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Council Member Ostdiek moved to approve the Chimney Rock Villa Bills & Claims. Seconded by Council Member
Ouderkirk. ROLL CALL: AYES: Coolidge, Edmunds, Ostdiek, and Ouderkirk. NAYS: None. Motion declared carried by
Mayor Araujo.
Council Member Coolidge moved to approve the Consent Agenda with the addition of a wage change for Daniel Waecter
from $10.50 to $7.50 per hour with the return of clubhouse manager, Jim Gianos. Seconded by Council Member
Edmunds. ROLL CALL: AYES: Coolidge, Edmunds, Ostdiek, and Ouderkirk. NAYS: None. Motion declared carried by
Mayor Araujo.
Council Member Ostdiek moved to adjourn at 9:01 P.M. Seconded by Council Member Ouderkirk. ROLL CALL: AYES:
Coolidge, Edmunds, Ostdiek, and Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
John Araujo
Mayor
ATTEST:
Jennifer Kriha
City Clerk/Treasurer