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 E. Price, second by Hiebner to waive the reading of the minutes of September 8th, 15th and 22nd and approve them as if read.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Baker, second by Fritz to open the housing grant public hearing.  Roll call vote as follows:  All Ayes.  Motion carried.

Trine McBride stated that the environmental review public notices have been satisfied.  We find no environmental impact with this project and before we request release of funds we request any public comments or questions concerning the environmental review for this project. There were no public comments. Moved by E. Price, second by Vorce to close the public hearing.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Fritz, second by Hiebner to approve the Authorization to Request CDBG Funds and Excessive Force Certification documents.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Krysl, second by Shelhamer to approve a $500.00 donation to the O’Neill Community Band to buy new music.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Shelhamer, second by Vorce to approve a catering permit for the Sandhills Gift Shoppe for a wine tasting event on November 14th.  Roll call vote as follows:  All Ayes.  Motion carried.

City Attorney Strope informed the Council that he had spoke to the landowner to the east of the Faith Community Church lots on 12th Street and that he is interested in looking at all the options. Moved by Hiebner, second by E. Price to approve City Engineer Gilmore and Associates to survey the lots on 12th Street and submit drainage options.  Roll call vote as follows:  All Ayes.  Motion carried.

 Water/Sewer Commissioner Kizzire reviewed options for the water meter installation for sewer only customers as requested by the Council.

 Option #1:  All City Water/Sewer Services must be metered.

 Option #2:  See below.

 Flat rate sewer fee comparison:

 1985 Sewer Charges are as follows:  $14.10 for 8,000 gallons + $1.00/1,000 gallons bi-monthly usage.

 Flat rate:  $21.10 bi-monthly.  Based on 15,000 gallons usage.

 2003 Sewer Charges are as follows:  $8.00 per month + $1.60/1,000 gallons usage per month.

 Flat rate:  $17.50 per month.

 8,000 gallons today then would cost the metered customer $28.80 or double what it cost in 1985.  This isn’t so for the flat rate customer.

 Conclusion:   It appears that metered service rates have doubled since 1985 and haven’t for the flat rate customer.  In 1985 the flat rate was based on 15,000 gallons usage.  This has somehow gotten lost over the years.  Therefore since usage rates have increased and that flat rate allows for unlimited usage I feel that the monthly rate based on 15,000 gallons should be reinstated.
 New Rate:

 $32.00/month for residential

 $44.00/month for commercial (Commercial rate for metered sewer is 37.5% higher that residential)

 With metering an option:  The rate would be the standard residential water/sewer rate of $8.00/month plus $1.60/1,000 gallons.
City Attorney Strope states that from a legal standpoint it would be difficult to change from a metered structure because through metering the City is treating all of the sewer customers equally.  The Council heard comments from Randy Farenholz, Kevin Gustafson and Dan Putnam.  There was no action taken.  The current ordinance stands.

The Mayor stated that at the last meeting the Council drew new boundaries for the proposed annexation.  The next step is to determine if the new maps should be left as is and sent to the City Engineer for legal descriptions or redefined.
Throughout the annexation discussions the council heard comments and fielded questions from:

1) Mark Sigler
2) Randy Farenholz
3) Earl Hipke
4) Delray Kumm
5) George Fuller
6) Cindy Schmitz
7) Larry Wewel

East:

 The Mayor polled the council to determine if the map should be left as is or if more discussion was needed.  The majority of the council chose to discuss the map further.  After much discussion the following motions were made:

 Moved by Baker, second by Shelhamer to leave the east area map as is.  Roll call vote as follows:  Aye; Baker, Hiebner and Shelhamer.  Nay:  Krysl, Philbrick, Fritz, Price and Vorce.  Absent:  None.  Motion failed.

 Moved by Philbrick, second by Krysl to exclude all commercial lots southeast of the railroad tracks.  Roll call vote as follows:  Aye; Hiebner, Krysl and Philbrick.  Nay:  Baker, Fritz, Price, Vorce and Shelhamer.  Absent:  None.  Motion failed.

 Moved by Vorce, second by Krysl to exclude the east area in the annexation.  Roll call vote as follows:  Aye; Krysl and Philbrick.  Nay:  Baker, Hiebner, Fritz, Price, Vorce and Shelhamer.  Absent:  None.  Motion failed.

 Moved by Baker, second by E. Price to exclude the residential and commercial properties except for the first ±544 feet from the highway going north.  Roll call vote as follows:  Aye; Baker, Hiebner, Price and Shelhamer.  Nay:  Krysl, Philbrick, Fritz and Vorce.  Absent:  None.  Tie vote.

 Mayor Price issued a nay vote to break the tie.  Motion failed.

 West:

 The Mayor polled the council to determine if the map should be left as is or if more discussion was needed.  The council chose unanimously to leave the map as is.

 Council member Fritz questioned if there was any way to grandfather these areas in with the annexation process but they would not have to pay taxes for a number of years?

 City Attorney Strope will research this and report back to the Council at the next meeting.

 North:

 The Mayor polled the council to determine if the map should be left as is or if more discussion was needed.  The council chose unanimously to leave the map as is.

 Moved by Baker, second by E. Price to leave all areas as is and to send them to the City Engineer for legal descriptions.  Roll call vote as follows:  Aye; Baker, Hiebner, Philbrick, Price, Vorce and Shelhamer.  Nay:  Krysl and Fritz.  Absent:  None.  Motion carried.

 Council member Baker introduced Ordinance No. 1243, which on file with the City Clerk.

 City Attorney Strope read Ordinance No. 1243 by title and number.

 ORDINANCE NO. 1243

 OF THE

 CITY OF O'NEILL, NEBRASKA

 AN ORDINANCE OF THE CITY OF O'NEILL, NEBRASKA, VACATING A PORTION OF THE CUL-DE-SAC LOCATED AT THE SOUTH END OF FAIRWAY AVENUE; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.

 Moved by Baker, second by E. Price to waive the three readings on Ordinance No. 1243.  Roll call vote as follows:  Aye; Baker, Hiebner, Philbrick, Price, Vorce and Shelhamer.  Nay:  Krysl.  Abstain:  Fritz.  Motion carried.

 Moved by Baker, second by E. Price to adopt Ordinance No. 1243.  Roll call vote as follows:  All Ayes.  Motion carried.

 Larry Wewel requested that the Mayor and Council have a traffic study done to install a stop light on Douglas Street on the west end of town.  The Mayor informed him that a study had already been completed and the Department of Roads determined a stop light was not necessary.

 Mr. Wewel requested the Mayor appoint a committee to put together a city-wide event for the Kincaid Act 100th anniversary.  Wewel also discussed that he would like the county and the city to put money into a national park proposal that would include land in various locations from O’Neill to Valentine.

 Moved by Fritz, second by E. Price to approve the Bingo Permits for the Eagles Club and Knights of Columbus.  Roll call vote as follows:  All Ayes.  Motion carried.

 Council member Shelhamer introduced and moved to adopt Resolution No. 03-23, which is on file with the City Clerk.

 WHEREAS:  the City of O’Neill is in the process of applying for a USDA Rural Development Community Grant to fund a portion of the costs to replace existing public safety sirens.

 WHEREAS:  there are certain and various documents which require signatures of the Chief Elected Official and/or the Clerk/Treasurer.

 THEREFORE BE IT RESOLVED by the City Council of the City of O’Neill that the Chief Elected Official and Clerk/Treasurer are hereby authorized to sign all documents as may be required in the processing or completing of the USDA, Rural Development Community Facility Grant.

 PASSED AND APPROVED this 6th day of October, 2003.
 

 
       WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 
 

NIKKI JOHNSTON, CITY CLERK/TREASURER
 Second by Vorce to adopt Resolution No. 03-23.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by E. Price, second by Fritz to approve the bills.  Roll call vote as follows:  All Ayes.  Motion carried.

ALL FUNDS
Payroll, salary 99,108.03 Fed & FICA, tax 21,308.80
CBSA, ins premium 23,319.85 Alltel, ser 412.05
American Family, ins 459.30 Appeara, su 585.71
Central Valley Ag, fuel 2,645.00 Delta Dental, ins 1,222.95
Jefferson Pilot, ins 159.12 Kinder Morgan, util 140.36
MCI, phone 108.83 NE Dept. of Revenue, tax 2,455.71
Nationwide, pension 6,709.45 NPPD, util 18,089.41
Qwest, phone 2,063.71 Strope,Krotter & G, fees 3,113.16

GENERAL FUND
Bomgaars, su 249.97 Cris Bulau, clean 260.00
Cavalry SPV I, garnishment 380.44 Contingent Fund, misc 52.80
Deterding, su 474.00 Doty’s Plumbing, re 43.60
Double S, re 6.80 Gokie Oil, fuel 22.96
Holt Co. Auto, su 134.97 Holz Lumber, su 12.78
Island Supply, su 77.25 K&K Welding, re 8.75
KBRX, ad 40.50 LaRue, su 52.05
Living Leadership, fee 199.00 Ludemann Safety, re 212.84
Municipal Code, fee 300.00 NE Municipal Clerk’s, dues 20.00
NeRPA, dues 50.00 Ogden Hardware, su 114.25
Omaha Life, ins 86.00 O’Neill Auto, su 40.20
O’Neill Heating & Air, re 63.00 O’Neill Saw & Cycle, re 8.70
Phillips 66, fuel 65.72 R&D Mftg., rebate pmt 750.10
Reiser Ins., arena ins 849.75 Rural Fire District, pmt 33,343.96
Sack N Save, su 6.63 Sam’s Club, su 148.94
Sterling Education, fee 202.00 Tax Commissioner, tax 14.50
Torpin’s Rodeo Market, su 3.69 Western Office, su 7.08

POLICE FUND
Adamson Industries, su 143.70 Avera St. Anthony’s, tests 240.00
Be TesT, Inc., su 185.00 Boyd-Holt 911, City’s fee 38,823.20
Carhart Lumber, su 85.56 Contingent Fund, misc 431.05
Graham Tire, su 270.12 Jack’s Uniform, su 146.55
Sarah Klinetobe, clean 120.00 Moore Shoes, su 63.97
NE HHS, tests 675.00 NE Comm. Law Enforcement, fees 160.00
O’Neill Car Wash, wash 16.50 O’Neill Sport & Gift, su 9.59
O’Neill Tire & Supply, re 61.95 O’Neill Vet Clinic, fees 182.50
Ranchland Auto, su 10.25 Sunmart, film 104.45
Telebeep, fee 17.11 Western Office, su 35.90

STREET FUND
Bomgaars, su 62.53 Diamond Vogel, su 546.10
Double S, re 1,226.72 Gilmore & Assoc., fees 965.00
Holt Co. Auto, su 47.05 Lacal, su 97.80
LaRue, su 23.35 O’Neill Auto, su 53.10
O’Neill Lumber, su 44.97 O’Neill Saw & Cycle, re 34.00
O’Neill Tire & Supply, re 30.00 Halsen Products Co., su 177.52

SEWER FUND
Alco, su 6.00 American Public Works, fee 95.00
Axis Capital, su 47.50 Bomgaars, su 8.75
Cole-Parmer, su 15.31 Contingent Fund, misc 30.85
Elkhorn Valley Impl., su 5.99 Gilmore & Assoc., fees 731.87
Great Plains, hotline 25.66 Hawkins, su 1,879.50
Lab Safety, su 421.45 LaRue, su 19.35
Midwest Lab, tests 124.50 Powerware, su 199.72
Rutjen’s Const., ser 23,404.52 Ranchland Auto, su 2.13
Rutjen’s Const., ser 5,115.00 Sam’s Club, su 48.63
Tax Commissioner, tax 2,012.27 The Water Company, su 71.00
Dakota Pump, su 294.16
WATER FUND
Alco, su 6.00 American Public Works, fee 95.00
Axis Capital, su 47.50 Bomgaars, su 16.96
Contingent Fund, misc 6.30 USA Blue Book, su 1,829.04
Eby’s, Inc., re 141.37 Elkhorn Valley Implement, su 5.99
Gilmore & Assoc., fees 731.87 Great Plains, hotline 25.66
Rutjen’s Const., ser 23,404.51 LaRue, su 19.35
Municipal Supply, su 689.06 Nat’l Waterworks, su 28.61
NE HHS, tests 95.00 Niobrara Valley, util 1,776.98
Ogden Hardware, su 44.92 Prairie Hills Ford, re 56.37
Ranchland Auto, su 2.13 Rutjen’s Const., ser 27,384.08
Sam’s Club, su 48.63 Tax Commissioner, tax 2,469.82

TRANSFER STATION FUND
Butler Co. Landf, fees 23,170.40 Recycling Account, pmt  19,552.92
J&J Sanitation, fees 30,733.77 Husker Used Trucks & Parts, su 25.00
Linweld, su 9.16 Niobrara Valley, util 900.00
O’Neill Auto, su 92.39 Postmaster, box rent 68.00
Triple R Tire, re 18.00 Waste News, fee 68.00
J&J Sanitation, settlement pmt  11,250.00

DEBT SERVICE FUND
Fremont Nat’l Bank, int pmt 35,282.92

AUDITING COMMITTEE:

_________________________________
ED PRICE, WARD II

_________________________________
MARVIN FRITZ, WARD II

Moved by Hiebner, second by Fritz to adjourn.  Roll call vote as follows:  All Ayes.  Motion carried.

The meeting adjourned at 9:50 P.M.

 
      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)

 
NIKKI JOHNSTON, CITY CLERK/TREASURER
***********************************************************
 
 
 
 
 
 

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