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 and Al Vorce.  Absent:  Kevin Shelhamer.

 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 Vorce, second by E. Price to waive the reading of the minutes of February 3rd and February 13th and approve them as if read.  Roll call vote as follows:  All Ayes.  Motion carried.

The Council discussed the letter from the Department of Roads stating that their traffic engineers have developed a new timing pattern that will be more efficient.
The Department of Roads concurred with the Council’s previous action to remove the Seventh Street light.  Their letter addressed the question of installing a left turn signal.  The City’s traffic volume was not high enough to warrant the installation of a signal at Fourth and Douglas. Angle parking would be an option if Douglas Street was re-striped into a 3-lane road.  Pedestrian crossing would also be safer with the 3-lane road.
The Mayor’s recommendations:
1. Leave Douglas Street as a 4-lane road
2. Marked pedestrian crossings at Second and Douglas and Madison and Douglas There was discussion on using the existing Seventh Street lights for a red flashing crossing going North/South and a pedestrian activated crossing going East/West.  Flashing yellow pedestrian crossings at Second and Douglas and Madison and Douglas was also included in this public discussion. The Mayor noted that there was no public comment submitted in favor of changing Douglas Street to a 3-lane road. Council member Shelhamer entered the meeting at this time. Moved by Baker, second by Fritz to authorize Larry Peters to contact the Department of Roads and research the option of changing the Seventh Street lights and installing the two pedestrian crossings.  Roll call vote as follows:  Aye; Baker, Krysl, Philbrick, Fritz, Price and Vorce.  Nay:  Hiebner.  Abstain:  Shelhamer.  Absent:  None.  Motion carried.

Moved by Hiebner, second by Baker to open the CDBG public hearing.  Roll call vote as follows:  All Ayes.  Motion carried. Trine McBride, CNCS, reviewed the First Time Homebuyer Program project design.  The project design and a draft of the grant application are on file with the City Clerk for public inspection. The total budget for the program is $380,520 which includes matching funds from the City of $33,000 and $2,000 from CNCS. There were no public comments made.
Moved by Baker, second by Fritz to close the public hearing.  Roll call vote as follows:  All Ayes.  Motion carried.

 WHEREAS, the City of O’Neill, Nebraska, is an eligible unit of a general local government authorized to file an application under the housing and Community Development Act of 1974 as Amended for Small Cities Community Development Block grant Program, and, Cranston-Gonzalez national Affordable Housing Act of 1990 (HOME Program) funds distributed by the Department of Economic Development through the Nebraska Affordable Housing Program.

 WHEREAS, the City of O’Neill, Nebraska, has obtained its citizen’s comments on community development and housing needs; and has conducted public hearings upon the proposed application and received favorable public comment respecting the application which for an amount of $345,542 for homebuyer assistance; and,

 NOW, THEREFORE, BE IT RESOLVED BY

 The Council of the City of O’Neill, Nebraska, that Mayor Bill Price be authorized and directed to proceed with the formulation of
any and all contracts, documents or other memoranda between the City of O’Neill and the Nebraska Department of Economic Development so as to effect acceptance of the grant application.

 
      WILLIAM T. PRICE, MAYOR

      3-03-03
      DATE

Second by E. Price to adopt Resolution 03-06.  Roll call vote as follows:  All Ayes.  Motion carried. Moved by Vorce, second by Baker to approve the following grant application documents:  Citizen Participation Plan; Residential Anti-Displacement Relocation Assistance Plan and Threshold for Fair Housing.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Vorce, second by E. Price to open the Blight Study Determination public hearing.  Roll call vote as follows:  Aye; Baker, Hiebner, Krysl, Philbrick, Price, Vorce and Shelhamer.  Nay:  None.  Abstain:  Fritz.  Absent:  None.  Motion carried.  There were no public comments or questions.

 Moved by Baker, second by Krysl to close the public hearing.  Roll call vote as follows:  Aye; Baker, Hiebner, Krysl, Philbrick, Price, Vorce and Shelhamer.  Nay:  None.  Abstain:  Fritz.  Absent:  None.  Motion carried.

WHEREAS, it is desirable and in the public interest that the City of O’Neill, Nebraska, a municipal corporation and City of second class, undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and

WHEREAS, Chapter 18, Article 21, Nebraska Reissue Revised Statute of 1942, as amended, known as the Community Development Law, is the Urban Renewal and Redevelopment Law for the State of Nebraska and prescribes the requirements and procedures for the planning and implementation of urban redevelopment projects; and

WHEREAS, the City in accordance with the laws of the State of Nebraska applicable to cities of the second class has duly prepared and approved a general plan for the development of the City known as its Comprehensive Plan, all as required by Section 18-2110, R.R.S. 1943; and

WHEREAS, the planning and zoning commission of the City has recommended that the area described in Attachment “A” be declared blighted and substandard and in need of redevelopment; and

WHEREAS, this Council has held a public hearing, after notice as required by Sections 18-2109 and 18-2115, R.R.S. 1943, and has received and duly considered evidence relating to the present condition of the areas as shown and described on Attachment “A”; and

WHEREAS, Section 18-2109, R.R.S. 1943, as amended, required that, prior to the preparation by the City of a redevelopment plan for a redevelopment project, this Council as governing body of the City, by resolution, find and determine that the area is a substandard and blighted area as defined in said urban Renewal and Redevelopment Law, and in need of redevelopment; and

WHEREAS, the evidence demonstrates that said area as shown and described on Attachment “A” constitutes a substandard and blighted area as defined in said Community Development Law, which area is in need of redevelopment;

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF O’NEILL, NEBRASKA:

1. That it is hereby found and determined that the area shown and described on Attachment “A”, constitutes a substandard and blighted area as defined by Section 18-2103, R.R.S. 1943, as amended, and that said area is in need of redevelopment.
2. That it is hereby found and determined that a substandard and blighted condition exists as set forth and discussed in Attachment “A”, “Blight and Substandard Area Determination Study”.
3. That such substandard and blighted condition is beyond the remedy and control solely by regulatory process and the exercise of police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided by the Community Development Law.  The elimination of said substandard and blighted condition under the authority of the Community Development Law is found to be a public purpose and in the public interest.
4. That it is hereby found and determined that said area is an eligible site for an urban redevelopment project under the provisions of Chapter 18, Article 21, Nebraska Revised Statutes of 1943, as amended.

PASSED AND APPROVED this 3rd day of March, 2003.

 
       WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER

Second by E. Price to adopt Resolution 03-07.  Roll call vote as follows:  Aye; Baker, Hiebner, Krysl, Philbrick, Price, Vorce and Shelhamer.  Nay:  None.  Abstain:  Fritz.  Absent:  None.  Motion carried.

John Zwingman from Gilmore and Associates reported that the four water lines on North Ninth Street have been lowered by Rutjens Construction for $1,200 each.
Zwingman reported on the request to research redesigning the Second Street storm sewer project on the west side of the street versus the original design to place the storm sewer on the east side.  The purpose of this review is to see if the project would be less expensive due to having less concrete to remove and replace.
Although first observations may lead a person to believe that constructing the storm sewer on the west side of the street would be cheaper than the original design, there are a considerable number of design and constructability factors that lead to a much higher cost of construction.  As researched costs show, if you subtract the money saved by removing less concrete from the additional pipe costs, it is estimated that the cost to construct the storm sewer main on the west side of the street will be approximately $27,000 higher.
John Prouty recommended the Council reject the bids and wait until the money was available to complete the entire project.
Moved by E. Price, second by Shelhamer to award WAW Construction the storm sewer project bid with approval for a change order to bring the project under $100,000 as budgeted.  Roll call vote as follows:  Aye; Baker, Hiebner, Krysl, Philbrick, Price, Vorce and Shelhamer.  Nay:  Fritz.  Absent:  None.  Motion carried.

Moved by Baker, second by Hiebner to approve advertising for bids for the two budgeted intersection projects.  Roll call vote as follows:  All Ayes.  Motion carried.

Lenard and Mariesther Mayer requested reimbursement on a previously denied claim for a sewer back-up at 206 E. John.  Mr. and Mrs. Mayer claim that the insurance company referred them to Service Master for clean up purposes.  A couple of days after the clean up the insurance adjuster came and measured the basement and took pictures of the carpet that had been removed.  The adjuster mentioned that it might be two or three weeks because his office was in the process of moving.  Again, this led us to believe the claim would be paid.  We then received a letter that the claim had been denied because the City was not negligent in maintaining the line. Herb Reiser stated that their representative referred the Mayer’s to Service Master because the City employee that took the service call stated over the phone that there was a sewer back-up and the City was more or less liable. Water/Sewer Commissioner Kizzire commented that Tom Chambers, the insurance adjuster had spoken to the Mayer’s before reviewing the maintenance records for the line with him.  That usually does not occur this may have led to the wrong impression given to the Mayers. Moved by Vorce to pay the Service Master bill because the back up was in the City’s sewer line.  Motion died for lack of a second.  Moved by Hiebner, second by Krysl to pay half of the Service Master bill because of the miscommunication from the insurance company.  Roll call vote as follows:  All Ayes.  Motion carried. Council member Vorce introduced and moved to adopt Resolution No. 03-08, which is on file with the City Clerk.

 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL, NEBRASKA, that:
 Sec. 1.  The subdivision of the following described real estate from its original tract:

 The South 200 feet of Lot 2, Block 1 of Wayman Elkhorn View Subdivision in the NE ¼ of Section 26, T29N, R12W of the 6th P.M., Holt County, Nebraska

is determined to be exempt from the City's subdivision regulations by reason of meeting the requirements of O'Neill Municipal Code Section 9-301 (B).
 Sec. 2.  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 March, 2003.
 

 
      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER

Second by E. Price to adopt Resolution 03-08.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Fritz, second by Baker to submit an application to the State for permission to install a highway access on West Kros Drive.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Philbrick, second by Baker to waive the three readings on Ordinance No. 1230.  Roll call vote as follows:  All Ayes.  Motion carried.  Moved by Shelhamer, second by Vorce to adopt Ordinance No. 1230.  Roll call vote as follows:  All Ayes.  Motion carried.

 BE IT RESOLVED by the Mayor and Council of the City of O’Neill, Nebraska, as follows:
 Section 1. The Mayor and Council of the City of O’Neill, Nebraska, hereby find and determine that at a meeting of the Mayor and City Council of the City of O’Neill, Nebraska, held on February 3, 2003, Ordinance No. 1226 (the “Ordinance”) was passed by the City Council and approved by the Mayor; that such Ordinance authorized the issuance of up to $2,125,000 Combined Utility System Revenue Refunding Bonds, Series 2003, date of original issue – March 1, 2003 (the "Bonds"); and that the Ordinance authorized the Mayor and the Treasurer of the City of O’Neill to designate for any maturity lower interest rates than those set forth in the Ordinance to the extent agreed to by Kirkpatrick Pettis as underwriter (the "Underwriter"); that by instrument dated February 5, 2003 (the “Designation”) the Mayor and City Treasurer have designated the final interest rates, maturity schedule and principal amount for the Bonds; that the Underwriter has agreed to the interest rates, maturity schedule and principal amount set forth in the Designation; that it is necessary and appropriate for the City Council to approve the Designation and the final maturity schedule and interest rates for the Bonds.
 Section 2. The City Council hereby approves the Designation and the following final maturity schedule (including interest rates and principal amounts) for the Bonds:
Principal Amount Maturing November 15 Interest Rate
$100,000 2003 1.20%
115,000 2004 1.65
120,000 2005 2.05
120,000 2006 2.40
125,000 2007 2.80
130,000 2008 3.20
135,000 2009 3.55
140,000 2010 3.80
145,000 2011 4.05
150,000 2012 4.25
155,000 2013 4.35
160,000 2014 4.50
170,000 2015 4.60
175,000 2016 4.65
185,000 2017 4.70
As supplemented by the Designation and this resolution, the Ordinance is hereby confirmed in all respects.
 Adopted this 3rd day of March, 2003.

       _________________________________
ATTEST:      WILLIAM T. PRICE, MAYOR
(SEAL)
 

____________________________________
NIKKI JOHNSTON, CITY CLERK/TREASURER

Second by Fritz to adopt Resolution 03-09.  Roll call vote as follows:  All Ayes.  Motion carried.

Council member Fritz stated that the residents in Kipple’s Trailer Court would like to water their lawns by well.  Water/Sewer Commissioner Kizzire stated that the well on C Street is an active well.  Before allowing the residents to use it for lawn and garden it would have to be decommissioned and a replacement well would need to be installed.  No action was taken.

Kizzire distributed the final draft of the water/sewer rate structure.  The latest rate structure reflects the commercial users paying a different rate than the residential users. Ben Bazelman stated that he felt it was unfair to place the burden of an increase solely on the commercial users. Council member Baker stated that the residential accounts should not have to absorb any part of the restructuring of the commercial accounts. Kizzire clarified that the increase would be .75/1,000 on the commercial accounts monthly billing statements.  Kizzire stated that the changing of the water and sewer billing system was a commercial issue to begin with.
Moved by Baker, second by E. Price to authorize Boyd to complete the final draft of the water and sewer ordinances with the rate structure presented tonight.  Roll call vote as follows:  All Ayes.  Motion carried.
Moved by Philbrick, second by Krysl to approve bills with the addition of the Internet Nebraska invoice for $53.95 in the Police Department.  Roll call vote as follows:  All Ayes.  Motion carried.

ALL FUNDS
Payroll, salary 63,045.40 Fed & FICA, tax 14,329.24
CBSA, ins premium 20,221.20 Alltel, ser 335.07
American Family, ins 486.28 Appeara, su 616.24
Bomgaars, su 490.57 Central Farmer's, fuel 1,718.24
Delta Dental, ins 1,091.60 Holt Co. Independent, ad 675.37
Jefferson Pilot, life ins 175.45 Kinder Morgan, util 1,579.38
MCI, phone 127.83 Nationwide, pen 4,363.24
NE Dept. of Revenue, tax 1,654.75 NPPD, util 10,572.25
Qwest, phone *

GENERAL FUND
Alco, su 8.04 Cris Bulau, clean 260.00
Bullseye Fire, ser 107.50 Contingent Fund, misc 156.96
G Neil, su 42.99 Gokie Oil, fuel 30.34
Island Supply, su 85.35 KBRX, ad 53.50
LaRue, su 17.60 Ludemann Safety, ser 149.90
Netcom, su 132.54 Ogden Hardware, su 31.16
Omaha Life, ins 83.85 O’Neill Chemical, su 49.75
Overhead Door, re 352.00 Western Office, su 9.97

POLICE FUND
Alco, su 215.44 Antelope Co. Sheriff’s, ser 131.88
Automotive & Welding, su 73.75 Avera St. Anthony’s, tests 80.00
Contingent Fund, misc 112.78 Holt Co. Auto, su 7.99
Jack’s Uniform, equip 1,134.09 Sarah Klinetobe, clean 120.00
Nat’l Business, su 180.75 Nat’l Public Safety, su 109.00
NE HHS, test 75.00 Netcom, su 39.00
OMB Police Supply, su 19.00 O’Neill Book & Office, su 68.43
O’Neill Car Wash, was 16.50 Ross Signs, ser 249.50
Sunmart, film 99.28 Telebeep, ser 17.11
Viking Office, su 201.47 Water Co., fee 34.00
O’Neill Vet Clinic, fee 180.00 Western Office, su 90.98

STREET FUND
Carhart Lumber, su 35.04 Cole Redi-Mix, ser 157.50
Cole Sand & Gravel, ser 207.00 Contingent Fund, misc 218.25
Gilmore & Assoc., ser 1,628.78 Holt Co. Auto, su 39.98
Lacal Equipment, su 1,017.51 LaRue, su 55.29
NE Dept. of Roads, fee 2,867.50 Netcom, su 54.00
O’Neill Auto Supply, su 186.75 Shelhamer Equipment, su 3.47
Spreitzer Inc., equip 3,285.00 Ogden Hardware, su 11.98
K&K, re 52.50

SEWER FUND
Axis Capital, lease 78.60 Elliott Equipment, su 49.00
Contingent Fund, misc 3.73 Holt Co. Auto, su 5.09
Global Computer, su 28.13 Great Plains, hotline 5.83
LaRue, su 27.80 Midwest Lab, test 60.00
Mr. Automotive, su 16.20 Netcom, equip 185.50
O’Neill Auto, su 17.61 O’Neill Electric Motor, re 205.79
Tax Commissioner, tax 1,926.81 Torpin’s, su 3.48
Water Co., fee 26.50 Ogden Hardware, su 34.79
K&K, su 8.63 Western Office, su 8.91

WATER FUND
Axis Capital, lease 78.60 Central Comm. College, cert 150.00
Contingent Fund, misc 10.55 Holt Co. Auto, su 5.09
Great Plains, hotline 5.83 Great Western, su 80.91
Hawkins, su 362.69 LaRue, su 27.79
Moore Shoes, su 14.89 Mr. Automotive, su 16.20
Netcom, equip 185.50 Raines & Assoc., su 157.82
Tax Commissioner, tax 1,050.87 Utility Equipment, equip 506.03
Ogden Hardware, su 1.89 K&K, su 8.63
NE HHS, test 110.00 National Waterworks, su 29.39
Western Office, su 8.91 Niobrara Valley Electric 176.00

TRANSFER STATION FUND
Butler Co. Landf, fees 20,648.75 Recycling Account, pmt  19,552.92
Conney Safety, su 123.52 J&J Sanitation, fees 29,966.02
Linweld, lease 9.16 Niobrara Valley, util *
Mr. Automotive, su 16.00 NE DEQ, fee 250.00
Neligh Tractor, su 147.55 Depository Trust, bond int 14,875.00

AUDITING COMMITTEE:

_________________________________
TERRI KRYSL, WARD III

_________________________________
DWAYNE PHILBRICK, WARD III

Mayor Price stated that it was brought to his attention that Council member Fritz presented a cost savings plan for the Recycling/Transfer Station at the Chamber meeting today.  Mayor Price asked if Fritz would like to place the item on a meeting agenda to discuss with the Council?  No action was taken.

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

The meeting adjourned at 9:25 P.M.

 
      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)

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

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