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 9th day of September,
2008 at 7:00 P.M. Notice of the meeting having been published in the Bayard Transcript, a newspaper
of general circulation on September 3, 2008. An agenda for the meeting was made available to the
Mayor and each of the Council prior to the meeting. Present were Mayor Lloyd Steele, Council
Members John Araujo, Kim Burry, Don Conklin, Jim Ostdiek, and Dick Reifschneider. Council Member
Ron Dean was absent from the meeting. Also present were Michelle Fries, City Clerk; Jennifer Kriha, City
Treasurer; Phil Kelly, City Attorney; Jason Wilcox, Grounds Superintendent; Zak Douglass, Chief of Police;
Kevin Wurm, Utilities Supervisor; Sharon Ulbrich, Librarian; David Williamson, Nursing Home
Administrator; and concerned citizens. There being a quorum of Council Members present, Mayor
Steele called the meeting to order at 7:01 P.M. with the City Clerk recording the minutes.
Mayor Steele called the meeting to order and all present voluntarily recited the Pledge of Allegiance.
Council Member Conklin moved to approve the agenda. Seconded by Council Member Araujo. ROLL
CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Motion declared carried by
Mayor Steele.
Mayor Steele stated that according to the new law governing the Open Meetings Act we are required to
let the public know that we have a copy of the Open Meetings Act posted on the door.
Discussion was held on the daily business at Chimney Rock Villa.
Council Member Ostdiek moved to table the 5% increase to the residents at the Villa, including the
Assisted Living Facility. Due to lack of a council member second, motion failed.
Council Member Araujo moved to approve a 5% increase for the Chimney Rock Villa residents.
Seconded by Council Member Reifschneider. ROLL CALL: AYES: Araujo, Burry, Conklin, Reifschneider.
NAYS: Ostdiek. Motion declared carried by Mayor Steele.
Council Member Ostdiek moved to approve $40.00 per bail for 5 bails of grass from Gary Schanhols for
the Golf Course. Seconded by Council Member Burry. ROLL CALL: AYES: Araujo, Burry, Conklin,
Ostdiek, Reifschneider. NAYS: None. Motion declared carried by Mayor Steele.
Council Member Conklin moved to approve the Bayard Volunteer Fire Department burning old vehicles
for training in the vacant city lot by the dog pound. Seconded by Council Member Reifschneider. ROLL
CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Motion declared carried by
Mayor Steele.
Council Member Ostdiek moved to approve the liquor license for the Bayard Depot Museum Board
fundraiser to be held on November 1, 2008 at 103 South Main. Seconded by Council Member Araujo.
ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Motion declared carried
by Mayor Steele.
Council Member Conklin moved to approve the budget for the Fiscal Year 2008-2009. Seconded by
Council Member Burry. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None.
Motion declared carried by Mayor Steele.
Council Member Ostdiek moved to approve the 1% allowable increase for Fiscal Year 2008-2009.
Seconded by Council Member Conklin. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider.
NAYS: None. Motion declared carried by Mayor Steele.
Council Member Ostdiek introduced Ordinance Number 703, and moved that the statutory rules requiring
reading of the title on three different days be suspended. Council Member Araujo seconded the motion.
Mayor Steele stated it has been moved and seconded that the statutory rules requiring reading of the title
on three different days be suspended. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek,
Reifschneider. NAYS: None. Mayor Steele stated that the motion to suspend said statutory requirement
is adopted by three-fourths of the Council, and the requirement is declared suspended for the Ordinance
Number 703. Clerk Fries read the title: “AN ORDINANCE APPROPRIATING FROM THE FUNDS
AND REVENUES OF THE CITY OF BAYARD, NEBRASKA SUCH SUMS OF MONEY AS HAVE
BEEN DEEMED NECESSARY TO DEFRAY ALL NECESSARY EXPENSES AND LIABILITIES OF
THE CITY OF BAYARD, NEBRASKA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1,
2008 TO SEPTEMBER 30, 2009, AND LEVYING TAXES FOR SUCH CITY AND FOR SAID
FISCAL YEAR FOR CERTAIN OBJECTS AND PURPOSES FOR WHICH SUCH
APPROPRIATIONS ARE MADE AND THE AMOUNT APPROPRIATE FOR EACH OBJECT AND
PURPOSE AND PROVIDING FOR THE CERTIFICATION OF THIS ORDINANCE TO THE
COUNTY CLERK OF MORRILL COUNTY, NEBRASKA, AND PRESCRIBING THE TIME WHEN
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.” Council Member Ostdiek moved
for final passage of Ordinance 703. Council Member Reifschneider seconded the motion. Mayor Steele
stated that it has been moved and seconded that Ordinance Number 703 be passed and adopted. ROLL
CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Mayor Steele stated the
passage and adoption of Ordinance Number 703 has been concurred by a majority of all members elected
to the Council and declared it passed, adopted and ordered it published.
_____________________________
Mayor
ATTEST:
______________________________
City Clerk
Council Member Ostdiek moved to approve the following resolution:
RESOLUTION NO. 750
WHEREAS, LB 1085 (Laws 1996), as amended by LB 693 (Laws 1996), authorizes the
Governing Body to set a final property tax levy at a different amount than the preliminary levy
certified to the Governing Body by the County Clerk;
WHEREAS, the Mayor and Council of the City of Bayard, Nebraska has conducted a public
hearing as prescribed by law and heard and considered comments concerning the propriety of the
preliminary levy and the need to establish a different levy;
WHEREAS, the Mayor and Council of the City of Bayard, Nebraska hereby finds and
determines that it is in the best interests of the Municipality that a levy be set at a different
amount than that of the preliminary levy;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF BAYARD, NEBRASKA, that the final levy of the Municipality for the fiscal year 2008-2009
is set at 0.597686 per one hundred dollars of actual valuation.
Passed and approved this 9th day of September, 2008.
___________________________________
Mayor
ATTEST:
____________________________________
City Clerk
Council Member Conklin seconded the motion. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek,
Reifschneider. NAYS: None. Motion declared carried by Mayor Steele.
Council Member Ostdiek moved to table the water ordinance. Seconded by Council Member Araujo.
ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Motion declared carried
by Mayor Steele.
Council Member Ostdiek introduced Ordinance Number 704, and moved that the statutory rules requiring
reading of the title on three different days be suspended. Council Member Reifschneider seconded the
motion. Mayor Steele stated it has been moved and seconded that the statutory rules requiring reading of
the title on three different days be suspended. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek,
Reifschneider. NAYS: None. Mayor Steele stated that the motion to suspend said statutory requirement
is adopted by three-fourths of the Council, and the requirement is declared suspended for the Ordinance
Number 704. Clerk Fries read the title: “AN ORDINANCE OF THE CITY OF BAYARD
ESTABLISHING ELECTRICAL RATES AND CHARGES FOR ELECTRICAL SERVICES FOR
CUSTOMERS OF THE CITY OF BAYARD ELECTRIC SERVICE; AMENDING SECTION 4-3-1 OF
THE CITY CODE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.” Council Member Ostdiek
moved for final passage of Ordinance 704. Council Member Conklin seconded the motion. Mayor Steele
stated that it has been moved and seconded that Ordinance Number 704 be passed and adopted. ROLL
CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Mayor Steele stated the
passage and adoption of Ordinance Number 704 has been concurred by a majority of all members elected
to the Council and declared it passed, adopted and ordered it published.
_____________________________
Mayor
ATTEST:
______________________________
City Clerk
Council Member Conklin introduced Ordinance Number 705, and moved that the statutory rules requiring
reading of the title on three different days be suspended. Council Member Burry seconded the motion.
Mayor Steele stated it has been moved and seconded that the statutory rules requiring reading of the title
on three different days be suspended. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek,
Reifschneider. NAYS: None. Mayor Steele stated that the motion to suspend said statutory requirement
is adopted by three-fourths of the Council, and the requirement is declared suspended for the Ordinance
Number 705. Clerk Fries read the title: “AN ORDINANCE OF THE CITY OF BAYARD, NEBRASKA
AMENDING SECTION 8-3-4 OF THE CITY CODE CONCERNING SERVICE RATES FOR
GARBAGE COLLECTION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR EFFECTIVE DATE OF THIS ORDINANCE.” Council Member Conklin moved for
final passage of Ordinance 705. Council Member Burry seconded the motion. Mayor Steele stated that it
has been moved and seconded that Ordinance Number 705 be passed and adopted. ROLL CALL:
AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Mayor Steele stated the passage
and adoption of Ordinance Number 705 has been concurred by a majority of all members elected to the
Council and declared it passed, adopted and ordered it published.
_____________________________
Mayor
ATTEST:
______________________________
City Clerk
Council Member Conklin moved to approve the following resolution:
RESOLUTION NO. 751
Whereas, Resource Conservation & Development Councils have contributed countless hours of
community service to help people care for and protect their natural resources in a way that will
improve the area’s economy, environment, and living standards since 1970; and
Whereas, the Panhandle RC & D council, through its providing a way for people to work
together to plan and carry out activities that has made our area a better place to live;
Now, therefore, as Elected Officials of the City of Bayard, we hereby proclaim the week of
September 21, 2008 to be “RC&D Week” in the City of Bayard to recognize the fact that during
this week, across the nation, Resource Conservation & Development Councils are performing
community service projects to improve their communities.
And further, we congratulate the Resource Conservation & Development Council for its
continued success in brightening the future of our communities by bringing together diverse
groups of local volunteers to strengthen the spirit of community service in our area, not only this
week, but throughout the year.
Passed and approved on September 9, 2008.
___________________________
Mayor
Attested by:
_____________________________
City Clerk
Council Member Reifschneider seconded the motion. ROLL CALL: AYES: Araujo, Burry, Conklin,
Ostdiek, Reifschneider. NAYS: None. Motion declared carried by Mayor Steele.
Council Member Ostdiek moved to approve a 3% living allowance increase for the City of Bayard
employees. Seconded by Council Member Araujo. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek,
Reifschneider. NAYS: None. Motion declared carried by Mayor Steele.
Council Member Ostdiek moved to approve the following resolution:
RESOLUTION NO. 752
WHEREAS, the City of Bayard adopted Ordinance 386 on 3/9/1982, which authorized the execution of
the Service Schedule M Total Power Requirements Power Purchase Agreement (hereinafter referred to
as “SSM”) with Municipal Energy Agency of Nebraska (hereinafter referred to as “MEAN”); and,
WHEREAS, City has received notice that on May 15, 2008, the MEAN Board of Directors approved
entering into a Purchase and Sale Agreement with Black Hills Wyoming, Inc. to purchase 23.5%
(approximately 20MW) ownership interest in Wygen I, which is a coal-fired, steam electric generating
unit with a net generating capability of approximately 85 MW, and,
WHEREAS, City has received notice that on November 15, 2007, the MEAN Board of Directors approved
entering into an agreement with the Heartland Consumers Power district to purchase 19.55%
(approximately 10 MW) of wind-generated energy from the Wessington Springs Wind Project; and,
WHEREAS, City has received notice that on August 16, 2007, the MEAN Board of Directors approved
entering into an agreement with the Waverly Light & Power, a municipal utility of the City of Waverly,
Iowa, for the partial assignment to MEAN of Waverly’s interest currently equal to 0.4% (approximately 3
MW) of the energy generating capability and energy associated therewith, of Council Bluffs Energy
Center Unit 4 (now known as Walter Scott Energy Center Unit 4); and,
WHEREAS, City has received notice that on August 16, 2007, the MEAN Board of Directors approved
entering into an agreement with the Waverly Light & Power, a municipal utility of the City of Waverly,
Iowa, for the partial assignment to MEAN of Waverly’s interest currently equal to 1.1% (approximately 7
MW) of the energy generating capability and energy associated therewith, of the Louisa Generating
Station; and,
WHEREAS; each of the power supply resources described in the four preceding recitals constitutes or
has been designated by the MEAN Board of Directors as a “Project” within the meaning of SSM (such
power supply resources are hereinafter referred to collectively as the “Projects”); and,
WHEREAS; SSM has been in effect since the date of execution and City continues to be a Total
Requirements Purchaser under SSM; and;
WHEREAS; City has received a Notice to Service Schedule M Participants to amend Exhibit D to SSM
dated August 29, 2008, pursuant to Section 3.01 (c) of SSM, a copy of which is attached; and,
WHEREAS, City recognizes its right, pursuant to Section 3.01 (c) of SSM, to advise MEAN within sixty (60)
days of its receipt of the Notice to Service Schedule M Participants that it does not want to participate in
each of the Projects, as described in the Notice, and, therefore, become a Contract Purchaser; and,
WHEREAS, City determines it is in the best interest of the City and its ratepayers to decline exercising
this right, consent to participation in each of the Projects, and amend Exhibit D of SMM, and, therefore,
remain a Total Requirements Purchaser.
NOW, THEREFORE, BE IT RESOLVED that:
1.
City finds and declares that it is in the public interest to the City and its ratepayers that City
remain a Total Requirements Purchaser under SSM and consent to the amendment of Exhibit D
to SSM by adding each of the following Projects as an additional Project for all purposes of SSM:
a.
b.
c.
d.
23.5% undivided ownership interest in Wygen I (approximately 20 MW)
19.55% participation purchase in the Wessington Springs Wind Project (approximately
10 MW)
Supplemental Agreement for Partial Assignment of Ownership Interest in Council Bluffs
Energy Center Unit 4, dated August 7, 2007, with the Waverly Light & Power, a
municipal utility of the City of Waverly, Iowa, for the partial assignment to MEAN of
Waverly’s interest currently equal to 0.4% (approximately 3 MW) of the energy
generating capability and energy associated therewith, of Council Bluffs Energy Center
Unit 4 (now known as Walter Scott Energy Center Unit 4), until termination of Waverly’s
Service Schedule M Agreement with MEAN
Supplemental Agreement for Partial Assignment of Ownership Interest in Louisa
Generating Station, dated August 7, 2007, with the Waverly Light & Power, a municipal
utility of the City of Waverly, Iowa, for the partial assignment to MEAN of Waverly’s
interest currently equal to 1.1% (approximately 7 MW) of the energy generating
capability and energy associated therewith, of the Louisa Generating Station, until
termination of Waverly’s Service Schedule M Agreement with MEAN
2.
It is hereby ordered and directed that the City of Bayard, acting through is Mayor and City Clerk,
consent to amend Exhibit D to SSM, a copy of Exhibit D being attached hereto and made a part
hereof.
3.
The City of Bayard does hereby reaffirm each of the objectives, terms and conditions set forth in
SSM, as amended.
4.
The City of Bayard does hereby acknowledge and agree that : (a) MEAN’s acquisition of a 23.5%
undivided ownership interest in Wygen I constitutes the acquisition of nongovernmental output
property with the meaning of Section 141 (d) of the Internal Revenue Code; and (b) in order to
enable MEAN to establish and maintain the tax exempt status of interest on the bonds it will
issue to finance the acquisition of its interest in Wygen I, City will use all of the electricity
delivered to it by MEAN from Wygen I to serve customers located in service areas it has served
for a least 10 years and such other areas as are approved by MEAN pursuant to generally
applicable and uniformly applied rates and charges.
PASSED AND APPROVED this 9th day of September, 2008.
By: ___________________________
Mayor, City of Bayard
Attest:
______________________
City Clerk
(SEAL)
Council Member Burry seconded the motion. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek. NAYS:
None. Motion declared carried by Mayor Steele.
Council Member Conklin moved to approve the purchase of new sprinkler timers for the golf course, in
the amount of $9,354.00. Seconded by Council Member Reifschneider. ROLL CALL: AYES: Araujo,
Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Motion declared carried by Mayor Steele.
Council Member Burry moved to approve the City’s Bills & Claims. Seconded by Council Member
Conklin. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Motion
declared carried by Mayor Steele.
Council Member Ostdiek moved to approve the City’s conflict of interest bill payable to KuskieReifschneider in the amount of $1041.02. Seconded by Council Member Araujo. ROLL CALL: AYES:
Araujo, Burry, Conklin, Ostdiek. NAYS: None. Abstained: Reifschneider. Motion declared carried by
Mayor Steele.
Council Member Ostdiek moved to approve the Chimney Rock Villa Bills & Claims. Seconded by Council
Member Araujo. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None.
Motion declared carried by Mayor Steele.
Council Member Ostdiek moved to approve the Chimney Rock Villa conflict of interest bill payable to
Kuskie-Reifschneider in the amount of $2190.50. Seconded by Council Member Burry. ROLL CALL:
AYES: Araujo, Burry, Conklin, Ostdiek. NAYS: None. Abstained: Reifschneider. Motion declared
carried by Mayor Steele.
Council Member Burry moved to reinstate Jason Wilcox as Grounds Superintendent. Seconded by
Council Member Araujo. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS:
None. Motion declared carried by Mayor Steele.
Council Member Araujo moved to approve the Consent Calendar. Seconded by Council Member
Reifschneider. ROLL CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Motion
declared carried by Mayor Steele.
Council Member Conklin moved to adjourn at 8:56 P.M. Seconded by Council Member Araujo. ROLL
CALL: AYES: Araujo, Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Motion declared carried by
Mayor Steele.
_______________________________
Mayor
ATTEST:
_______________________________
City Clerk
“This institution is and Equal Opportunity Provider, and Employer.”