A regular meeting of the Mayor and the City
Council of O'Neill was held at the City Hall in said City on the 3rd day of November,
2003 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, Al Vorce and Kevin Shelhamer.
Absent: Marv Fritz.
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 Vorce to
waive the reading of
the minutes
of October 6th and approve them as if read.
Roll call vote as follows: All Ayes. Motion carried.
Mayor Price stated that the Fire Department
is going to be trading off an ambulance this year. The unit was purchased by the City Fire
Department and the Rural Fire Department. The state patrol is requesting it for a SWAT
vehicle.
Council member Fritz entered the meeting at
this time.
Dave Spiegel representing the State Patrol
SWAT Team. The 10 member team uses a
1995 Ford Van with 116,000 miles on it.
It is not adequate for team and equipment. At the present time we have to call out
another vehicle to carry equipment. The
state patrol is
out of vans
due to pickups replacing the vans. We
are the busiest SWAT team in the state.
Speigel ended by requesting direction on
what can be done to obtain the ambulance.
Speigel stated that he had been told that the ambulance trade in is
valued at $5,000. The Rural Fire Board
is donating their half of the trade in value.
Steve Boshart representing the Rural Fire
Board stated that there is not much use for an ambulance of that size with the
mileage. The representative with the
ambulance company stated that it would end up over seas. He stated it was worth $5,000 max. The Rural Fire Board has five members and
three members were interested in donating our share, there was no formal motion
made to that affect.
Fire Chief Rod Ludemann suggested to
advertise for the ambulance before making a decision.
Moved by Fritz, second by Shelhamer to approve
the donation of the ambulance to the State Patrol SWAT team. Roll call vote as follows: All Ayes.
Motion carried.
Doug Derscheid representing Central Valley
Ag requested approval for a lot split for 1.2 acres purchased from Brad Carr.
City Clerk Johnston reported that the
Planning Commission met and recommends approval of this plat and lot split
which would be completed by a resolution.
Council member Baker introduced and moved
to adopt Resolution No. 03-24, which is on file with the City Clerk.
RESOLUTION NO. 03-24
OF THE
BE
IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL,
Sec.
1. A subdivision of the following
described real estate:
An irregular tract of land located in
the SE ¼ of the SW ¼ of Section 29, T29N, R11W of the 6th P.M., Holt
County, Nebraska, described as follows:
Commencing at the northwest corner of
said SE ¼ of the SW ¼, which is marked with a 1” iron pipe with plastic cap
stamped “LS 624”; thence S 00°00’00” W (assumed bearing) on the west line of
said SE ¼ of the SW ¼, a distance of 441.88 feet to a ½” rebar; thence S
00°00’00” W on said west line of said SE ¼ of the SW ¼, a distance of 300.21
feet to a ½” rebar; thence S 89°57’41” E, a distance of 526.41 feet to a 5/8”
rebar with plastic cap stamped “LS 624”, also being the true point of
beginning; thence N 00°05’06” E, a distance of 199.89 feet to a ½” rebar;
thence S 89°51’55” E, a distance of 185.84 feet to a ½” rebar on the
southwesterly right of way line of Highway 275; thence S 37°28’04” E on said
southwesterly right of way line of Highway 275; a distance of 251.59 feet to a
5/8” rebar with plastic cap stamped “LS 624”; thence N 89°57’41” W, a distance
of 339.18 feet to the point of beginning, containing 1.203 acres of land, more
or less, subject to all easements of record.
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 3rd day of November, 2003.
WILLIAM T. PRICE,
MAYOR
ATTEST:
(SEAL)
NIKKI
JOHNSTON, CITY CLERK/TREASURER
Second by Vorce to adopt Resolution No.
03-24. Roll call vote as follows: All Ayes.
Motion carried.
Moved by Philbrick, second by Hiebner to
authorize Gilmore and Associates to survey the three options for drainage for
Bob Pruden and Dan Putnam requested the council
re-look at the water meter situation.
Dan submitted a letter of opposition for the council, which is on file
with the City Clerk.
After much discussion, the council
instructed Curt Kizzire and Boyd Strope to look into a grandfather clause as
well as moving the deadline for water meter installation back.
Moved by Krysl, second by Fritz to move the
deadline for water meter installation to
Moved by Philbrick, second by Price to
approve a catering permit for the Wild Rose for a wedding reception to be held
on
Troy Carlson requested to know what the
results were from the survey done on
Street Supervisor Peters responded that the
drainage issue was looked at and a deeper ditch could be put in east of the
Prouty property or we can put a new culvert in that runs east and west across
the street and cut that in and put a new culvert in to allow the water to run
back to the west and dump into the storm sewer.
Council member Vorce left the meeting at
this time.
Moved by Price, second by Fritz to place a
new culvert at the intersection of Par Street and Bogey Avenue to allow the
water to run back to the west and dump into the storm sewer and place the
matter on the one and six year plan.
Roll call vote as follows: All Ayes. Motion carried.
Council member Vorce re-entered the meeting
at this time.
Council member Fritz stated he had three
problems with the annexation:
1.
Orval
Stahr drew specific boundaries for annexation for TIF purposes, with our new
boundaries how does this affect his original plan?
2.
We’ve
bypassed a lot of residential areas and to me, being residential is more, or at
least as much about being a City as commercial.
3.
We
stopped arbitrarily at Westside and I don’t see any way that we won’t be opened
to lawsuits.
Fritz
also asked City Attorney Strope if he had researched the
grandfather
option mentioned at the last meeting?
Cindy Schmitz questioned the reasoning
behind the annexation. If TIF is the
main purpose for the annexation, do you a have redevelopment plan for each
area?
City Attorney Strope clarified that the
redevelopment plans do not have to be in place for annexation. Each TIF project has its own redevelopment
plan that must be advertised and then accepted.
Strope continued by stating that for this type of annexation (being done
in a variety of areas) a redevelopment plan does not need to be completed and
accepted prior to the annexation.
Mayor Price read the following excerpt from
the comprehensive plan regarding annexation:
If
there is to be additional industrial development in or near the City, it is
critical that such land areas be identified and reserved for future industrial
use because areas which have highway access and the potential for minimum land
use conflicts are very limited.
Another
notable land use trend, which will have a negative impact on the future ability
of the City to expand physically if continued, is that of development of urban
land uses without annexation to the City.
This has occurred with regard to the commercial and residential
developments to the west, northwest of the City and the southeast of the
City. Since the demand for future growth
of the City, particularly for development of future commercial uses will most
likely want to occur to the west,
northwest and southeast of the present
urban area, further development of these areas without annexation to the City
will only serve to have residents, employers and employees of these areas
benefit from the City’s streets, public facilities, recreation facilities and
public services provided by the City without having financially support these
benefits through taxation.
In
addition, in today’s competition for attracting new businesses and industries,
the use of tax increment financing is a critical component in providing
financial incentives to such businesses and industries. However, tax increment financing with the
exception of value added agri-business concerns, can only be initiated in areas
which are within the corporate limits of the City. Not having tax increment financing options
available to attract such businesses and industries will place the City at a
severe disadvantage with regard to spurring economic growth.
Beth Sanders questioned why the annexation
boundaries are not squared off rather than skipping areas?
Council
member Baker introduced Ordinance No. 1244, which on file with the City Clerk.
City Attorney Strope read Ordinance No. 1244
by title and number.
ORDINANCE NO.1244
OF THE
AN ORDINANCE OF THE CITY OF
Council member Fritz introduced and moved
to adopt Resolution No. 03-25, which is on file with the City Clerk.
CERTIFICATE OF RESOLUTION
3957-8731 KP27
Account Number IC
· Complete
the registration exactly the same as the
Agreement
to which this Certificate is attached.
· Tax
reporting information is processed using the
u
REGISTRATION Taxpayer Identification Number of the
corporation. As a corporation, you may be
City of O’Neill, Nebraska exempt from backup withholding and IRS
Legal Name reporting
(indicate "EXEMPT" in Certification)
· The following Certificate
shall be executed by an
authorized person and subsequent changes shall
be communicated to Kirkpatrick Pettis in writing.
47-6008305
Tax ID No.
u
CERTIFICATE
I, Nikki Johnston, City Treasurer of the City of
1. Resolution. At a meeting of the City's governing body held on
RESOLVED, that the Mayor and Treasurer (or the
official they designate) of the City is authorized to negotiate, execute and
deliver an agreement, for and on behalf of the City, to Kirkpatrick, Pettis,
Smith, Polian Inc. ("Kirkpatrick Pettis") to effect the establishment
of an account to enable the City to transfer the buying, selling and trading of
U.S. Government securities.
BE IT FURTHER RESOLVED, that the Mayor and City
Council of the City shall designate appropriate City officials to act for and
on behalf of the City with respect to the account established with Kirkpatrick
Pettis.
2.
Incumbency.
Set forth below are the names, positions and signatures of the City officials,
each of whom has been authorized by the Mayor and Council Members of the City
to take any necessary action in respect of the account established with
Kirkpatrick Pettis:
Name Position Signature
Nikki Johnston City
Clerk/Treasurer X
Janis
Fuhrer Deputy Clerk/Treasurer X
William
T. Price Mayor X
X ___________________________________________
City
Clerk Date
Second by Price to adopt Resolution No.
03-25. Roll call vote as follows: All Ayes.
Motion carried.
Moved
by Krysl, second by Philbrick to approve the bills with the addition of the WAW
Construction bill and correction of the Francotyp bill for $111.00. Roll call vote as follows: All Ayes.
Motion carried.
ALL FUNDS
Payroll, salary 65,294.97 Fed & FICA, tax 14,318.98
CBSA, ins premium 23,319.85 Alltel, ser 373.43
American Family, ins 459.30 Appeara, su 762.62
Bomgaars, su 273.05 Central Valley Ag, fuel 2,043.43
Curtis Envelopes, su 475.12 Delta Dental, ins 1,222.95
Jefferson Pilot, ins 161.30 Kinder Morgan, util 228.09
MCI, phone 108.47 NE Dept. of Revenue, tax 1,659.00
Nationwide, pension 4,484.98 NPPD, util 12,697.94
Qwest, phone 2,019.69 Benefit Plans, fees 550.00
Teleset Data, postage 1,500.00 Francotyp, mtr lease 110.00
Western Office, su 420.92
GENERAL FUND
Alco, su 9.94 Pete Bolln, mower 6,700.00
Cris Bulau, clean 260.00 Chamber of Commerce, dues 2,000.00
Contingent Fund, misc 57.21 Danko Emergency, recert 3,294.43
Data Tech, licensing 1,143.72 Ed M Feld, gear 1,286.00
Elkhorn Networks, ser 54.85 Fuller & Son, ser 1,500.00
Gokie, fuel 15.61 Holt Co. Auto, su 2.99
Holt Co. Independent, ad 484.85 Huskerland Communications, su 49.99
Island Supply, su 47.05 K&K Welding, ser 5.00
KBRX, ad 27.00 League of Municipalities, su 47.08
Midstates Consulting, su 340.50 Midwest Mailing, su 32.40
Midwest Turf, su 24.10 Northern Pump & Irrig, su 31.95
Omaha Life Ins., ins 167.70 O’Neill Saw & Cycle, su/re 42.50
Ross Signs, ser 1,695.00 Shell, fuel 28.34
Tax Commissioner, tax 3.12
O’Neill Fire Dept., grant 250.80 O’Neill Fire Dept., reimburse 250.80
POLICE FUND
Alco, su
Boyd-Holt 911, alarms 550.00 Carhart Lumber, su 18.69
Cavalry SPV, wage garn 380.44 Contingent Fund, misc 587.06
Eby’s, re 21.24 Sarah Klinetobe, clean 160.00
NE HHS, tests 225.00 Netcom, re 28.65
O’Neill Car
P & J Upholstery, re 50.00 Quality Alignment, re 408.86
Share Corp., su 103.26 Telebeep, ser 17.11
Karen Boshart, ser 50.40
Brian Phelps, reimb 65.00
STREET FUND
Carhart Lumber, su 72.62 Data Tech, licensing 1,143.72
General Traffic, su 109.09 Golden West, su 155.87
Holt Co., su 431.10 Holt Co. Auto, su 274.89
Holt Co. Independent, ad 42.72 O’Neill Auto, su 29.87
Ranchland Auto, su 10.00 Share Corp., su 36.00
Triple R Tire, re 8.50 Gilmore & Assoc., fees 1,103.00
SEWER FUND
Alco, su 2.00 Axis Capital, lease 47.50
Carhart Lumber, su 15.90 Cole Redi-Mix, su 50.75
Contingent Fund, misc 185.01 Data Tech, licensing 1,143.73
Des Moines Stamp, su 11.75 Global Computer, su 199.00
LaRue, su 10.20 Midwest Laboratories, tests 199.00
Moore Shoes, su 25.49 O’Neill Auto, su 39.70
O’Neill Book & Office, su 2.70 O’Neill Electric, su 57.10
Powerware, su 69.44 Ranchland Auto, su 10.81
Share Corp, su 1,367.06