A regular meeting of the Mayor and the City Council of O'Neill was held at the City Hall in said City on the 8th day of March, 2004 at 7:30 P.M.

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: Council member 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 Vorce, second by Philbrick to waive the reading of the minutes of February 2nd and 16th and approve them as if read. Roll call vote as follows: All Ayes. Motion carried.

John Heitz, representing the Housing Committee gave the following report on the Down Payment Assistance Grant:

Number of participants qualified 15

Number of participants that have dropped out 2

Number of over-income applicants 3

Number of applicants pending 7

Number of applicants ready to close 1

Council member Fritz entered the meeting at this time.

John requested approval on the first application with an obligation of $14,500.

Moved by Baker, second by Price to approve application HOLT-03-03 with an obligation in the amount of $14,500. Roll call vote as follows: All Ayes. Motion carried.

The Council discussed at length the Second Street Storm Sewer bids. First, John Zwingman of Gilmore and Associates, City Engineers, explained the responses from the two bidders to the City’s request to split payment by $100,000.00 in fiscal year 2003-2004 and the balance of project payment after October 1, 2004 to be included in the 2004-2005 fiscal year. Both contractors stated that would be agreeable. Castle requested a change order of $1,000.00 in lieu of interest on the delayed payment. With the additional $1,000.00 Castle remained the low bidder.

The Council then discussed Castle Construction’s past performance on projects in the City of O’Neill. Councilman Hiebner stated at the walk through of the last project in O’Neill done by Castle there were many items not properly completed and although eventually remedied, those items, together with other items in the project were not constructed in a good workman like manner. Street Supervisor Larry Peters stated there was a variety of problems and concerns that arose during project construction caused by Castle. Also, areas of workmanship were not up to normal standards. Water Supervisor Curt Kizzire stated working with Castle through the project was very difficult and his department had to provide a substantial amount of parts and labor to keep the project going, which should have been provided by Castle. Further, problems of lines freezing are occurring in some instances due to Castle’s construction.

After further discussion by the Council, Hiebner moved and Krysl seconded to accept the bid of Van Kirk Brothers Construction. Roll call vote as follows: All Ayes. Motion carried.

Theresa Cuhel discussed with the Council the issue of liability for a mud dragging event during Summerfest. The group organizing the event requested to use land southeast of the landfill.

Herb Reiser informed the council that they could obtain special event coverage for $500.00.

Council member Hiebner asked if they had contacted the Holt County Visitors Bureau for assistance with the event. Theresa stated that they had not done so but would make contact with them.

Council member Fritz offered the land right off of the highway in front of the hydroponics facility as long as liability coverage was obtained.

Moved by Baker, second by Hiebner to donate $250.00 for the mud dragging event. Roll call vote as follows: Aye; Baker, Hiebner, Krysl, Philbrick, Price, Vorce and Shelhamer. Nay: None. Abstain: Fritz. Absent: None. Motion carried.

Linda Fitch, Executive Director of North Park Homes gave a brief history of the housing units and explained that in fifteen years the first twenty-four units will belong to the City.

North Park Homes is requesting the City to forego all water and sewer charges or provide and install meters and fittings for sprinkler system and waive the meter fee.

Council member Baker and City Attorney Strope explained that there will be a proposed change to the water and sewer ordinance and if approved by the Council would alleviate this concern.

Elaine Clemens requested the Council place portable toilets along Douglas Street for the St. Patrick’s Day Celebration. Blain Plumbing has provided a bid of $603.90 for twelve toilets.

Moved by Baker, second by Shelhamer to approve the bid from Blain Plumbing for portable toilets. Roll call vote as follows: All Ayes. Motion carried.

Council member Fritz introduced and moved to adopt Resolution No. 04-08, which is on file with the City Clerk.

RESOLUTION NO. 04-08

OF THE

CITY OF O’NEILL, NEBRASKA

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O’NEILL, NEBRASKA;

NOW, THEREFORE, BE IT RESOLVED, that in order to provide for a coordinated response to a disaster or emergency in Holt County, the City of O’Neill and other cities and villages in Holt County, the O’Neill City Council deems it advisable and in the best interests of the community and Holt County to approve the attached Holt County Local Emergency Operations Plan.

PASSED AND APPROVED this 8th day of March, 2004.

WILLIAM T. PRICE, MAYOR

ATTEST:

(SEAL)

NIKKI JOHNSTON, CITY CLERK/TREASURER

Second by Price to adopt Resolution No. 04-08. Roll call vote as follows: All Ayes. Motion carried.

City Attorney Strope stated that Waste Connections has submitted their yearly rate increase request.

Mayor Price stated that their request for a two percent rate increase is comparable to the current consumer price index. The new rates will go into effect April 1, 2004.

Current Rate New Rate

Residential 17.89 18.25

Senior Citizen 12.86 13.12

Commercial 37.06 37.80

Small Business 26.25 26.78

Moved by Price, second by Hiebner to approve the two percent rate increase for Waste Connections. Roll call vote as follows: Aye; Baker, Hiebner, Krysl, Philbrick, Fritz, Price and Shelhamer. Nay: Vorce. Absent: None. Motion carried.

The Niobrara Valley Electric bills for the transfer station and Waste Connections facility were discussed. Attorney Strope will speak with Niobrara Valley about the minimum charges including the separate metering charges for Waste Connection’s building and report back at the next meeting.

Council President Price introduced and moved to adopt Resolution No. 04-09, which is on file with the City Clerk.

RESOLUTION NO. 04-09

OF THE

CITY OF O’NEILL, NEBRASKA

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O’NEILL, NEBRASKA;

WHEREAS, there are federal funds available under Section 5311 of the Federal Transit Act (FTA), as amended, and for Nebraska Public Transportation Act funds, and

WHEREAS, Avera St. Anthony’s Hospital, a private, non-profit organization, desires to apply for said funds for fiscal year 2004-2005, to be used to provide public transportation in the City of O’Neill, Nebraska and surrounding areas with special emphasis on meeting the needs of the elderly and disabled persons.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of O’Neill, Nebraska has reviewed the application of Avera St. Anthony’s Hospital for said funds and does hereby certify that Avera St. Anthony’s Hospital is considered to be capable of providing public transportation for the person of the City of O’Neill, Nebraska.

PASSED AND APPROVED this 8th day of March, 2004.

WILLIAM T. PRICE, MAYOR

ATTEST:

(SEAL)

NIKKI JOHNSTON, CITY CLERK/TREASURER

Second by Fritz to adopt Resolution No. 04-09. Roll call vote as follows: All Ayes. Motion carried.

Water/Sewer Commissioner Kizzire reported on an informational meeting held on March 2nd with National Water Works. National Water Works presented radio read metering and their introductory price which includes a hand held reader, fifty meters and transmitters, software, onsite training and one year of technical support.

The system that is currently being used is approximately twenty years old. The introductory offer provides a low start up cost as well as tremendous flexibility for adopting the new system at our own pace.

City Clerk Johnston added that the office was still researching the software compatibility and would report more at the April meeting.

Kevin Seger stated that Hickman Brothers in Kearney has offered to pay $100.00 for the concrete at the landfill. Kevin noted that the county and state have used the concrete in the past. No action was taken.

Council member Hiebner suggested the council consider using the $4,000 budgeted for sidewalks as seed money and continue to add to it when possible, for future projects related to the arterial sidewalk plan outlined in the 2003 Comprehensive Development Plan in the Major Street Plan and Pedestrian Movement Plan. He also requested that the Council use the following for consideration in setting guidelines for future arterial sidewalk projects:

1. Inventory what is currently complete on plan.

2. Identify what needs to be completed.

3. Prioritize those areas based on safety concerns, high traffic areas and low income areas.

4. Develop a time-table by possibly putting prioritized sidewalk projects on the one or six year street plans in the future.

5. Include area west of Highway 281, particularly if a Community Center is the plan for this area.

6. Include the area north of Hynes on 10th Street in the plan.

7. Make sure that any future storm sewer or street construction projects that are on the arterial sidewalk plan include sidewalks as well.

8. Make sure that any intersection improvement plans include handicapped sidewalk access to existing or future sidewalks, regardless if arterial or not.

Moved by Baker, second by Vorce to approve a DED CDBG drawdown in the amount of $4,715 for the Planning Grant. Roll call vote as follows: All Ayes. Motion carried.

City Attorney Strope congratulated Mayor Price on his Trooper of the Year Award.

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

ALL FUNDS

Payroll, salary 66,048.88 Fed & FICA, tax 14,770.56

CBSA, ins premium 46,413.92 Alltel, ser 349.26

American Family, ins 506.38 Appeara, su 622.17

Benefit Plans, fees 565.00 Bomgaars, su 331.50

Central Valley Ag, fuel 3,779.63 Delta Dental, ins 1,222.95

Francotype, meter rent 111.00 Jefferson Pilot, ins 161.30

Kinder Morgan, util 2,295.15 LaRue, su 58.83

MCI, phone 99.60 Nationwide, pension 4,500.28

NE Dept. of Revenue, tax 1,657.64 NPPD, util 11,369.98

Progressive Business, su 94.56 Qwest, phone 1,947.02

Teleset, postage 1,500.00 Torpin’s Rodeo Market, su 265.19

GENERAL FUND

Anson Insurance, sec bond 321.75 Cris Bulau, clean 260.00

Carhart Lumber, su 213.12 Contingent Fund, misc 356.50

Cornhusker Hotel, lodging 182.00 Emergency Medical, su 184.85

G Neil, su 42.99 Gokie Oil, fuel 35.10

Holt Co. Auto, su 14.96 Holt Co. Independent, ad 745.78

Island Supply, su 108.30 KBRX, ad 18.00

Lauridsen Const., ser 324.85 Ludemann Safety, su 93.03

Netcom, su 546.26 North Central NE Resource, dues 25.00

Ogden Hardware, su 61.94 Omaha Life, ins 163.40

O’Neill Auto, su 2.78 O’Neill Electric, su 18.80

O’Neill Family Pract., fee 156.00 O’Neill Lumber, su 146.10

Promaco, su 1,382.70 Restroom World, su 322.62

Sinclair Oil, fuel 59.35 Strope,Krotter&Gotschall, fees 480.00

J&J Sanitation, fees 73.00 Western Office, su 290.33

US Treasury, garn 124.10 Stahr & Associates, fees 4,035.00

POLICE FUND

Alco, su 31.97 Automotive & Welding, re 127.73

Cavalry SPV, garn 396.28 Avera St. Anthony’s, test 360.00

Contingent Fund, misc 7.64 Don’s TV, su 24.00

Fleet Capital, lease 2,412.84 Holt Co. Independent, ad 21.36

Holz Lumber, su 11.27 Internet Nebraska, ser 58.95

Jack’s Uniform, uniform 201.40 Sarah Klinetobe, clean 175.00

NE HHS, tests 675.00 O’Neill Book & Office, su 8.40

O’Neill Car Wash, wash 11.00 O’Neill Vet Clinic, fees 225.00

Quality Alignment, re 297.40 Share Corp., su 114.75

Sunmart, film 26.79 Telebeep, ser 17.11

Western Office, su 74.40

STREET FUND

Alco, su 9.99 Carhart Lumber, su 4.28

Cole Redi-Mix, ser 218.50 Contingent Fund, misc 9.10

Double S, re 30.96 Gilmore & Assoc., fees 4,267.92

Holt Co. Auto, su 35.61 Holt Co. Independent, ad 165.48

McNichols HVAC, su 132.34 NE Dept. of Roads, pmt 2,867.50

Newman Traffic, su 29.90 O’Neill Auto, su 275.90

O’Neill Saw & Cycle, re 5.50 Ranchland Auto, su 80.28

Share Corp., su 79.20 Shelhamer Petroleum, su 512.05

Superior Signals, su 133.50 Triple R Tire, re 74.95

SEWER FUND

Alco, su 10.00 Axis Capital, su 84.81

Global Computer, su 129.28 Great Plains, hotline 4.42

Great Western, propane 18.00 Hach, su 203.50

Holt Co. Independent, ad 57.34 Jensen’s Western Wear, su 179.00

Midwest Lab, tests 20.00 Morcomm, su 2.99

Netcom, su 92.00 Ogden Hardware, su 275.99

O’Neill Auto, su 15.68 O’Neill Electric, su/re 613.89

Share Corp., su 2,157.48 Shelhamer Petroleum, su 32.82

Strope,Krotter&G, fees 22.50 Tax Commissioner, tax 1,804.10

USA Blue Book, su 45.13 Water Co., su 40.00

WATER FUND

Alco, su 7.50 Axis Capital, su 84.80

Contingent Fund, misc 85.67 Galls, su 88.93

Great Plains, hotline 4.41 Maguire Iron, re 2,587.50

Morcomm, su 2.99 Municipal Supply, su 42.33

Nat’l Waterworks, su 125.49 NE HHS, tests 332.00

Netcom, su 92.00 Niobrara Valley, util 124.10

Ogden Hardware, su 15.99 O’Neill Electric, re 81.40

Strope,Krotter&G, fees 22.50 Tax Commissioner, tax 1,170.11

Jensen’s Western Wear, su 179.00 Western Office, su 7.58

USA Blue Book, su 1,143.94

TRANSFER STATION FUND

Butler Co. Landf, fees 20,359.35 Recycling Account, pmt 19,552.92

Alco, su 5.00 Depository Trust, int pmt 14,875.00

J&J Sanitation, fees 29,891.53 Linweld, lease 9.16

Niobrara Valley, util 900.00 O’Neill Auto, su 46.13

Road Builders, su 215.61 Wildcat Mfg., su 483.46

DEBT SERVICE FUND

Fremont National Bank, sewer bond pmt 30,242.50

AUDITING COMMITTEE:

_________________________________

DON BAKER, WARD I

_________________________________

LAUREN HIEBNER, WARD I

City Clerk Johnston announced that the Planning Commission meeting scheduled for March 9th has been cancelled and rescheduled for March 15th at 6:30 P.M. at the Council Chambers.

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

The meeting adjourned at 9:03 P.M.

WILLIAM T. PRICE, MAYOR

ATTEST:

(SEAL)

NIKKI JOHNSTON, CITY CLERK/TREASURER

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