A
regular meeting of the Mayor and the City Council of O'Neill was held at the
City Hall in said City on the 5th day of January, 2004
at
Present:
Mayor William Price, City Attorney Boyd Strope, City Clerk/Treasurer Nikki
Johnston, Council President Ed Price and Council members; Don Baker, Lauren Hiebner, Terri Krysl,
Dwayne Philbrick, Marv Fritz, Al Vorce and Kevin Shelhamer. Absent:
None.
Notice of this meeting was given in advance
thereof according to Section 84-1408 of the Revised Statutes of Nebraska. Notice of the meeting was given to the Mayor
and all members of the Council and a copy of the acknowledgement of receipt of
notice and the agenda is attached to the minutes. Availability of the agenda was communicated
in the advance notice. All proceedings
hereafter shown were taken while convened meeting was
open to the attendance of the public. The meeting was called
to order by Mayor Price.
Moved by Baker, second by E. Price to
waive the reading of the minutes of December 8th and 15th and approve them as
if read. Roll call vote as follows: All Ayes.
Motion carried.
Council member Vorce introduced and moved
to adopt Resolution No. 04-01, which is on file with the City Clerk.
RESOLUTION NO. 04-01
OF THE
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL,
Sec. 1.
A subdivision of the following described real estate:
Three parcels of
land (A, B and C) located in the NW ¼ of
Section 19, T29N,
R11W of the 6th p.m.,
(A) Commencing at the northwest corner of
said NW 1/4; thence N 90°00’00” E (assumed bearing) on the north line of said
NW 1/4, a distance of 907.50 feet to a 1” Iron Pipe with a plastic cap stamped
“LS 624”, being the true point of beginning; thence S 00°11’20” W parallel to
the west line of said NW 1/4, a distance of 277.98 feet to a 1” Iron Pipe with
a plastic cap stamped “LS 624”; thence N 90°00’00” E, parallel to said north
line of the NW 1/4, distance of 189.75 feet to a 1” Iron Pipe with a plastic
cap stamped “LS 624”; thence N 00°11’20” E, parallel to said west line of the
NW 1/4, a distance of 277.98 feet to a 1” Iron Pipe with plastic cap stamped
“LS 624” on said north line of the NW 1/4; thence S 90°00’00” W, on said north
line of the NW 1/4, a distance of 189.75 feet to the point of beginning,
containing 1.211 acres of land, more or less, of which the north 33 feet is
occupied by a public road.
(B)
Commencing at the northwest corner of said NW 1/4; thence N 90°00’00” E
(assumed bearing) on the north line of said NW 1/4, a distance of 907.50 feet
to a 1” Iron Pipe with a plastic cap stamped “LS 624”, thence S 00°11’20” W,
parallel to the west line of said NW 1/4, a distance of 277.98 feet to a 1”
Iron Pipe with plastic cap stamped “LS 624”, being the true point of beginning;
thence N 90°00’00” E, parallel to said north line of the NW 1/4, a distance of
186.75 feet to a 1” Iron Pipe with a plastic cap stamped “LS 624”; thence S
00°11’20” W, parallel to said west line of the NW 1/4, distance of 778.02 feet
to a 1” Iron Pipe with a plastic cap stamped “LS 624”; thence S 90°00’00” W,
parallel to said north line of the NW 1/4, a distance of 186.75 feet to a 1”
Iron Pipe with plastic cap stamped “LS 624”; thence 00°11’20” W, parallel to
said west line of the NW 1/4, a distance of 778.02 feet to the point of
beginning, containing 3.335 acres of land, more or less.
(C)
Commencing at the northwest corner of said NW 1/4; thence N 90°00’00” E
(assumed bearing) on the north line of said NW 1/4, a distance of 907.50 feet
to a 1” Iron Pipe with a plastic cap stamped “LS 624”, thence N 90°00’00” E, on
said north line of the NW 1/4, a distance of 189.75 feet to a 1” Iron Pipe with
plastic cap stamped “LS 624”, being the true point of beginning; thence N
90°00’00” E, on said north line of the NW 1/4, a distance of 222.75 feet to a
1” Iron Pipe with a plastic cap stamped “LS 624”; thence S 00°11’20” W,
parallel to the west line of the NW 1/4, distance of 1056.00 feet to a 1” Iron
Pipe with a plastic cap stamped “LS 624”; thence S 90°00’00” W, parallel to
said north line of the NW 1/4, a distance of 225.75 feet to a 1” Iron Pipe with
plastic cap stamped “LS 624”; thence N 00°11’20” E, parallel to said west line
of the NW 1/4, a distance of 778.02 feet to a 1” Iron Pipe with plastic cap
stamped “LS 624”; thence 90°00’00” E, parallel to said north line of the NW
1/4, a distance of 3.00 feet to a 1” Iron Pipe with plastic cap stamped “LS
624”; thence N 00°11’20” E, parallel to said west line
of the NW
1/4, a distance of 277.98 feet to the point of beginning, containing 5.454
acres of land, more or less, of which the north 33 feet is occupied by a public
road. hereinafter referred to as "Subdivision", is determined not to be
exempt from the City's subdivision regulations by reason of failing to meet the
requirements of O'Neill Municipal Code Section 9-301 (D).
Sec. 2. The Planning Commission reviewed the
Subdivision Plat, pursuant to Section 9-301 (D), and recommended approval of
the Subdivision Plat to the City.
Sec. 3. In following the recommendations of the
Planning Commission to the City, the Mayor and City Council approve the
division of the above described real estate from its original tract and sale
thereof is hereby approved.
Sec. 4. The City Clerk is authorized and directed to
provide an original of this Resolution for the recordation at the Holt County
Register of Deeds Office.
PASSED AND APPROVED this 5th day of
January, 2004.
WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
NIKKI
JOHNSTON, CITY CLERK/TREASURER
Second by Shelhamer to
adopt Resolution No. 04-01. Roll
call vote as follows: All Ayes. Motion carried.
Council President Price introduced and
moved to adopt Resolution No. 04-02, which is on file with the City Clerk.
RESOLUTION NO. 04-02
OF THE
BE
IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL,
Sec. 1. A subdivision
of the following described real estate:
Two parcels of land (A and B) located in the
NW ¼ of
Section 29, T29N, R11W of the 6th
p.m.,
(A) Commencing at the southeast corner of
said NW 1/4 which is monumented with a 2” Iron Pipe;
thence N 00°00’00” W (assumed bearing) on the east line of said NW 1/4, a
distance of 712.60 feet to a 1/2” Rebar; thence N 00°00’00” W on said east line
of the NW 1/4, a distance of 455.54 feet to a 1” Iron pipe with plastic cap
stamped “LS 624”, also being the true point of beginning; thence S 89°53’10” W,
a distance of 922.69 feet to a 1” Iron Pipe with a plastic cap stamped “LS
624”; thence N 00°47’51” W, a distance of 455.54 feet to a 1/2” Iron Bar;
thence N 89°53’03” E, a distance of 929.04 feet to a 1” Iron Pipe with plastic
cap stamped “LS 624” on said east line of the NW 1/4; thence S 00°00’00” e on
said east line of the NW 1/4, a distance of 455.54 feet to the point of
beginning, containing 9.682 acres of land, more or less.
(B)
Commencing at the southeast corner of said NW 1/4 which is monumented
with a 2” Iron Pipe; thence N 00°00’00” W (assumed bearing) on the east line of
said NW 1/4, a distance of 712.60 feet to a 1/2” Rebar; also being the true
point of beginning; thence N 00°00’00” W on said east line of the NW 1/4, a
distance of 455.54 feet to a 1” Iron pipe with plastic cap stamped “LS 624”,
thence S 89°53’10” W, a distance of 922.69 feet to a 1” Iron Pipe with a
plastic cap stamped “LS 624”; thence S 00°47’51” E, a distance of 455.54 feet
to a 5/8” Iron Bar; thence N 89°53’18” E, a distance of 916.35 feet to the
point of beginning, containing 9.616 acres of land, more or less.
hereinafter referred to as
"Subdivision", is determined not to be exempt from the City's
subdivision regulations by reason of failing to meet the requirements of
O'Neill Municipal Code Section 9-301 (D).
Sec. 2. The Planning Commission reviewed the
Subdivision Plat, pursuant to Section 9-301 (D), and recommended approval of
the Subdivision Plat to the City.
Sec. 3. In following the recommendations of the
Planning Commission to the City, the Mayor and City Council approve the
division of the above described real estate from its original tract and sale
thereof is hereby approved.
Sec. 4. The City Clerk is authorized and directed to
provide an original of this
Resolution for the recordation at the Holt County Register of Deeds Office.
PASSED
AND APPROVED this 5th day of January, 2004.
WILLIAM T. PRICE,
MAYOR
ATTEST:
(SEAL)
NIKKI
JOHNSTON, CITY CLERK/TREASURER
Second by Baker to adopt
Resolution No. 04-02. Roll call
vote as follows: All Ayes. Motion carried.
Moved by Fritz, second by
E. Price to open the Kirwan zoning request public
hearing. Roll call vote as
follows: All Ayes. Motion carried.
Tom Earley presented the zoning request for
Jerry Kirwan. Kirwan is requesting property to be sold to the County be
rezoned from R-2 Residential to M-2 Industrial to match their zoning on
adjacent property.
City Clerk Johnston stated that the
Planning Commission met on this issue and is recommending the zoning change.
There were no public comments made.
Moved by Krysl, second by
E. Price to close the hearing.
Roll call vote as follows: All Ayes. Motion carried.
Council
member Fritz introduced Ordinance No. 1246, which on file with the City Clerk.
City Attorney Strope read Ordinance No.
1246 by title and number.
ORDINANCE NO. 1246
OF THE
AN ORDINANCE OF THE CITY
OF
Moved by Fritz, second by
Baker to waive the three readings on Ordinance No. 1246. Roll call vote as follows: Aye; Baker, Hiebner, Philbrick, Fritz, Price
and Shelhamer. Nay: Krysl and Vorce. Absent:
None. Motion carried.
Moved
by E. Price, second by Fritz to adopt Ordinance No. 1246. Roll call vote as follows: Aye; Baker, Hiebner, Krysl, Philbrick, Fritz,
Price and Shelhamer. Nay: Vorce.
Absent: None. Motion carried.
City
Attorney Strope read the final reading of Ordinance No. 1244 by title and
number.
ORDINANCE NO.1244
OF
THE
AN ORDINANCE OF THE CITY
OF
Cindy Walton Schmitz read the following
statement to the Council and submitted the same for the official proceedings:
Dear
Council Members:
In
2003 you adopted the new Comprehensive Development Plan (Comprehensive Plan)
for our City. This was a much-needed
tool that was currently out dated and the beginning step to start
comprehensive development for our City. As proposed areas being considered for
annexation we would like to point out items of concern. Items in this letter highlighted were taken
directly
from the Comprehensive Plan.
It is important to remember that a
Comprehensive Plan is a tool to provide policy guidelines for citizens and
elected officials to make informed decisions about
the future of the community, a guideline to
locate future land uses necessary for development and growth but it is not the only plan
necessary when development is desired. The objective of planning is to provide a framework for
guiding the community toward orderly growth.
Planned growth will make the City of
Because change is continuous, a city must decide the specific
criteria to manage change, residents and community leaders armed with a
strategic vision can better reinforce the changes they desire. Having a shared vision allows a
city to focus its diverse energies and avoid conflicts in the present as well
as the future. (page 43)
As
concerned citizens we have taken the time and effort to develop the following
outline based on information from the Comprehensive Plan and our own input,
page numbers are noted for the Council’s convenience to locate this
information. (Outline
based on pg. 43-44)
I.
Identifying Issues-items positive or negative from the past,
present and/or future. ( page 43)
A. Issues may
represent present concerns needing to be continued or discontinued in the
future. Issues are items affecting the
quality of life within the City of
1. Poll the community for their
view of the issues-this is where citizen concerns and
visions are translated into action statements that can be used to direct future
growth and change within the City. ( page 43)
2. Use Media to inform public
of information needed
a. Flyers in businesses
b. Local Paper
c. Local Radio
II.
Set Realistic Goal or Goals-desires, necessities and issues to
be attained in the future. ( page 43)
A. Formulate goals
in a manner that allow for their accomplishment. ( page 43)
B. Goals play a
factor in the establishment of policies within the City. ( page 43)
III.
Set Objectives-steps or actions which need to be
preformed in order to attain specific goals. ( page 43)
A. Can be
established in a way that assigns specific activities to specific individuals
and/or governing body. ( page 43)
B. Development of plans that
will be consistent with goals set and public view.
1. Economic
Strategic Plan-strategies for
maximum economy and economic development. ( page 45) * This plan has been written. Has it been implemented?
2. Land Use Plan – This plan is contained
within the Comprehensive Plan ( pages 58-68)
3. Transportation
Plan -
This plan is contained within the Comprehensive Plan ( pages 69-79)
4. Annexation Plan
or Program-Not
written. It is referred to on page 45
a. Outline when annexation is
needed using the Economic Strategic and Land Use plans to help set Goals and
Objectives.
b. Set timeline for specific
known areas proposed for future annexation
c. Identify Notification
Procedures
5. Set timelines for
implementation of plans
IV.
Develop Policies-specific statements of principle or
courses of action that the community will take in addressing a variety of
community development issues. ( page 44)
V.
Implementation of total
plan-( pages 80-82)
VI.
Yearly Review of Cities
total progress, with public and governing bodies opinions.
VII.
Communicate with the
communities citizens
A. Council Members should openly speak to individuals within their
precincts and/or individuals in new areas, which are proposed for their
precincts when there is new development.
1.
Personal Notification
2. Present pro’s and con’s if any
3. Report back to entire body with recommendations
*Note: The City of
In
a democratic system before making an important decision, the government of a
modern democracy tries to find out how the people feel about some proposed
change by encouraging the people to express their opinions. (The New Book of Knowledge-Encyclopedia) This should
start at the beginning of the proposed change with special notification given
to all affected by the proposal. It
should also be noted that unless a reasonable amount of consideration is given
to the public, their view of the democratic system in place becomes
displaced causing: apprehension, opposition, lack of trust, and
conflict for the intended and/or any attempts of development within the system.(O’Neill tax payer)
We
would like to express that most of the parties involved within these proposed
annexed areas are not opposed to seeing the City grow. We are opposed to the lack of a complete plan
that has been totally implemented. This
would assure us that our increases in tax dollars are not going to support past
issues of the city to which we had no opportunity to oppose.
We
would like to call your attention to State Statute 17-405.01 section 2, which allows for cities of
the second class to annex contiguous lands when a redevelopment area is desired
and has a redevelopment plan for the area.
This type of economic development eases the burden to the City in terms
of utilities and service because they are usually included within the
redevelopment plan of the project and supported thru Ad Valorem
Taxes. This is seen in a TIF project
(Tax Increment Financing project).
In
consideration to the Economic Development Strategic Plan, adopted by the City in
2003, this plan calls for Recruitment and Incubation of New and Existing
Businesses. It talks about assuring that existing businesses remain viable by
protecting existing jobs and that these businesses have the highest potential
for creation of additional jobs outside of new development. (page 20 of EDS plan)
HOW
WILL THIS ANNEXATION DO THAT? Do to the
past national economy and effect of 911, which is just now starting to see
improvement but is still sluggish due to the continuing threat, this increase
of taxation will be an additional financial burden on our businesses. If these businesses are not able to absorb
the added increase in sales they will be forced to accommodate elsewhere. These will most likely be met in the
following ways:
1. Decrease employment
obligations-Reduce employees
2. Spend less in town, which
many of us do buy at home. We will be
forced to look for cheaper options.
3. Donate less to current City
Charities-this would be an inexcusable shame as most of these donations are centered
towards the City of
The
newly adopted Economic Strategic Plan does not call for any current
annexations.
We
would also like to ask for your consideration on the fact that even though the
Comprehensive Plan suggests delineation of certain areas, the Comprehensive
Plan is still only a guideline not the policy.
If the City chooses to use the Comprehensive Plan as such without the
other proposed plans implemented then all of the suggested improvements should
be acted upon and this would include the placement of the community center,
downtown parking…etc, otherwise this plan becomes arbitrary and
capricious. The City and taxpayers
invested a lot of time and money on the Comprehensive Plan to see this happen,
or even allow for it to be conceived in any way as a frivolous document.
Philosopher
Descartes (Da:kart) said “I
think; therefore I am”. What a great
statement because with many thoughts conversation is created and from that
conversation comes plausible solutions.
Thank
you for your time and consideration as we ask for your vote to be NO on these
annexations at the present time.
Delray Kumm read the following statement to
the Council and submitted the same for the official proceedings:
City
Council of O’Neill:
Thank
you for taking the time to listen and thank you for serving our community.
Since
this annexation issue came up last summer I feel like I’ve learned a lot. How Tiff financing works, how sewer and water
districts can come about, economic development viewpoints, city government, and
the personality of the City Council and O’Neill’s citizens.
I’m
involved with this issue because I care deeply about our community and the
quality of a small town lifestyle. It is
not an issue of personal financial cost.
People and businesses are located in O’Neill mainly for the life-style,
not money. We know we could make more
money elsewhere. I care deeply about my
employees, fellow businessmen, and all citizens of our area. The current annexation plan will damage all
those attributes. Please note the
wording – Current Annexation Plan (what there is of one). It means myself and
a host of fellow citizens are not against all forms of annexation, but there
are a lot of us that know the current plan is not good. I came across an old Chinese proverb
recently, which brings to light this annexation situation. “Vision without action is a daydream – Action
without vision is a nightmare.” Passing
this annexation plan will be a nightmare.
Its been twenty-two years since I started my first business
here in O’Neill. Since that time, we
have started business in
The
Council has worked hard and has put a lot of hours on this plan. No doubt, it’s frustrating to hear so many
people state that this is not a good plan.
For many reasons the current plan just has not come out right. It’s better to start over rather than pass
something bad. One can see some of the same similarities
with large government issues. Some
legislative bills have some good objectives, but because there is poor planning
or poor issues tacked on to the bill, it fails. Or, worse yet, it’s passed and
ends up doing more harm than good.
An
excellent way to spur economic development in communities is to strengthen
existing business. Keeping businesses
open and viable is crucial. Helping any
existing business grow helps the whole community. It’s better for an employer to spend extra
money and time to retain an excellent employee than to find a new one and start
over.
If
economic development is to happen, existing businesses must grow and
improve. This annexation plan will hurt
existing businesses, thus a deeper slow down to the local economy. With the poor economy today, businesses
cannot continue to have nails driven into their hearts.
With
the large difference in taxes, annexation will force more fringe
development. When, and if a prospective
business notes a 44% tax saving outside the city limits, it’s a good bet that is
where they will locate, or worse yet, to some other community.
The
city has other issues with greater importance to work on before
annexation. Whether we like to admit it
or not, the garbage situation is not good.
The water and sewer situation is not 100% on track. Other important issues include: funding for pure economic development, taxes,
community center, and the need for a combination city manager and economic
development director.
Personally,
another aspect this annexation issue has brought to light is the ever-growing
split between the council and the community’s citizens. We all realize you’re going to have a certain
percent of people who will disagree or be critical of whatever you do. In O’Neill, that split is growing like a
gushing river. I’m amazed at how many
citizens do not trust or respect the council’s decisions. I’m not stating this to be disrespectful, or
hurtful –
but it’s the way it is. Too many citizens feel the council doesn’t listen or respect their opinions. There is a big wall that divides the council and community. If you pass this annexation plan the wall gets thicker and taller. If our community is going to survive and have a chance to grow, the citizens and the council must work hand-in-hand and be on the same team. Unfortunately, that is not the case in O’Neill, NE.