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 Philbrick, second by E. Price to waive the reading of the minutes of March 3rd and approve them as if read.  Roll call vote as follows:  All Ayes.  Motion carried.
Moved by E. Price, second by Fritz to close the intersection bids.  Roll call vote as follows:  All Ayes.  Motion carried. City Attorney Strope read the following bids:
 

 Street Supervisor Peters reviewed the bids.

Doug Wilson from Kinder Morgan was present to answer questions regarding the proposed Franchise Agreement. City Attorney Strope raised the following questions:
1) This agreement states that the City allows for KM to enter the premises of customers, the City does not feel it has the right to grant this to KM in a franchise agreement.
2) Sec. 10.  The two percent payment to the City from gross receipts has been changed to one cent per therm for gas.
3) Sec. 12. (B) There is no period of notice.
4) Sec. 2. The current agreement states that KM would cover costs for moving lines, etc. up to $12,500 and the new agreement states that all costs would be incurred by the City. Mr. Wilson explained that the one cent per therm change involves both residential and commercial gas usage.  This will result in lowering some residential costs and increasing some commercial costs, the City will gain from this change.  In the case of the $12,500 being removed from the new agreement, Mr. Wilson explained that this item was being removed from all of the agreements in the state so that they will all be uniform and to insure that one City is not supplementing another City’s project cost to move lines.  Mr. Wilson will review the changes stated in #1 and #3 and report back to the council at the May meeting.

Elaine Clemens and Butch Emme requested that the City place portable restrooms in town during the St. Patrick’s Celebration as well as lighting between 6th and 7th Street on Douglas.  Butch commended Police Chief Matchett and the local police department for all of their hard work during the celebration. After much discussion on the request the Mayor stated that this should be reviewed again in February.  The Council thanked Butch and Elaine for their dedication to the trolley services and there was discussion on future trolley services and if any regulation was necessary.  No action was taken.

John Hornback questioned if the outside food vendors had to have permits?  The process of obtaining a permit was explained as well as the fee for $15.00. Mary Ann Nissen questioned why we allow these vendors to come in and take thousands of dollars out of our community?  Mayor Price responded that we have to respect free enterprise and the City Attorney Strope agreed that we could face legal issues if we deny vendors the right to bring their businesses to O’Neill. City Clerk Johnston will contact the Department of Revenue to question if the sales tax is being paid on the City level.  The Council will discuss the permit fees and legal issues with limiting number of permits at the May meeting.

Street Supervisor Peters stated that both intersection bids met all bid specifications and he recommended accepting the lowest bid. Moved by Baker, second by E. Price to accept the lowest bid submitted by FDF Construction.  Roll call vote as follows:  All Ayes.  Motion carried.

Roger Miller requested a side yard variance from the set back regulations to build an attached garage.  Signatures from property owners approving the building plans have been submitted with the variance request.

Council member Baker introduced Ordinance No. 1231, which is on file with the City Clerk. City Attorney Strope read Ordinance No. 1231 by title and number.

Bob Thompson has requested the council look into vacating the alley located just east of the Eagles Club.  Council member Krysl questioned public safety issues and pointed out that one business would lose access out of the back of their facility if the alley is vacated. City Attorney Strope stated that no action could be taken at this meeting due to public notification and notice to landowners.  After much discussion the council took no action.

Troy Carlson requested something be done about the poor drainage on Par Street and Putter Street.  Street Supervisor Peters explained that there are culverts in place and when storm sewers are put in you must start at the south end and work north. Carlson stated that as they build homes to the south the problem becomes worse.  The City does have a project with the Corps of Engineers that is dealing with the drainage issues and his property would be encompassed in this study.
Carlson requested culverts for his ditches however this will not solve the problem for the rest of the property owners.  Peters explained that the additional culverts would be at the cost of the property owner and cost approximately $5.00 per foot. City Attorney Strope suggested that a survey be completed to measure the level of the ditch to determine how the water flows south.  Street Supervisor Peters will complete this survey and work with Mr. Carlson for a temporary resolution to his problem.

Council member Vorce introduced and moved to adopt Resolution No. 03-10, which is on file with the City Clerk.

 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 2003-2004, 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 7th day of April, 2003.
 
 

       WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER

Second by Baker to adopt Resolution 03-10.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by E. Price, second by Hiebner to advertise for hay bids with the specification that the Weingartner Land, community center and transfer station properties would be bid together and a cash bond must be paid before work is done.  Roll call vote as follows:  Aye; Baker, Hiebner, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  None.  Absent:  None.  Abstain:  Krysl.  Motion carried.

Moved by Baker, second by Fritz to advertise for bids to paint the water tower.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Philbrick, second by Fritz to approve the CDBG drawdown in the amount of $2,425.00 for the Planning Grant.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Shelhamer, second by E. Price to approve Rich Lahm as the new police officer and to hire Matthew Ott if Gena Jones resigns to work for the State Patrol.  Roll call vote as follows:  Aye; Baker, Hiebner, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  None.  Absent:  None.  Abstain:  Krysl.  Motion carried.

Council member Baker introduced and moved to adopt Resolution No. 03-11, which is on file with the City Clerk.

WHEREAS, the City Council of O'Neill, pursuant to the O'Neill Municipal Code, has the authority to control traffic and place and remove signs by resolution; and

WHEREAS, a request has been made to place stop signs on West Clay Street, at the intersection of said street with North Jefferson Street, running east and west; and
WHEREAS, a study of the need for these stop signs has been made for the City by the Police Chief, and it has been determined that it is needed.

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

 Sec. 1. That four-way stop signs be placed at the intersection of West Clay Street and North Jefferson Street.

 Sec. 2. That proper City officials are hereby authorized to place the designated stop signs to effect the changes set forth in this resolution.

 PASSED AND APPROVED this 7th day of April, 2003.

         WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER
Second by Krysl to adopt Resolution 03-11.  Roll call vote as follows:  All Ayes.  Motion carried.

City Attorney Strope distributed the final draft of the water/sewer ordinances for the council to review before the May meeting.

Council member Fritz presented a proposal from J&J Sanitation to operate the transfer station.  No action was taken.

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

ALL FUNDS Payroll, salary 61,596.37 Fed & FICA, tax 14,052.30 CBSA, ins premium 19,831.46 Alltel, ser 337.26 American Family, ins 486.28 Appeara, su 591.09 Central Farmer's, fuel 3,114.35 Delta Dental, ins 1,056.40 Kinder Morgan, util 1,234.33 Strope,Krotter&G, fees 2,670.00 MCI, phone 108.43 Nationwide, pen 4,474.39 NE Dept. of Revenue, tax 1,625.62 NPPD, util 10,894.48 Qwest, phone 2,115.04 Western Office, su 886.53  POLICE FUND Alco, su 36.98 Avera St. Anthony’s, tests 40.00 Contingent Fund, misc 214.09 Hillyard, su 7.46 Police Grant Fund, pmt 112.00 Jack’s Uniform, su 1,301.40 Sarah Klinetobe, clean 150.00 Kustom Signals, re 225.27 Moore Shoes, su 92.34 Netcom, ser 906.60 Ogden Hardware, su 1.46 O’Neill Book & Office, su 45.41 O’Neill Car Wash, wash 11.00 O’Neill Tire & Supply, re 25.00 O’Neill Vet Clinic, fee 180.00 Sunmart, film development 66.67 Telebeep, ser 17.11 Water Co., fee 57.00 ZEP Mftg., su 39.78	GENERAL FUND  Neopost, postage 300.00 Alco, su 24.99 Bomgaars, su 80.94 Cris Bulau, clean 260.00 Contingent Fund, misc 1,195.99 Cornhusker, councilmen lodging 378.63 Dizard, equip 12,000.00 Ecolab Pest, ser 80.00 Emme Sand & Gravel, su 54.00 Fastmart, fuel 179.16 Fox’s, fuel 20.43 Gokie, fuel 6.02 Holt Co. Auto, su 86.69 Holt Co. Independent, ad 694.01 Jefferson Pilot, ins 124.85 K&K Welding, su 44.31 KBRX, ad 22.50 Timothy Larson, pmt 316.48 Lauridsen Construction, re 475.02 League of Municipalities, conf 366.00 Moore Shoes, su 100.59 Municipal Code, updates 75.00 North Central RC&D, due 25.00 NE Community College, school 36.80 Ogden Hardware, su 59.75 Omaha Life, ins 81.70 O’Neill Auto, su 20.74 O’Neill Book & Office, su 53.00 O’Neill Electric, re 30.00 O’Neill Lumber, su 3,995.00 Quality Inn, lodging 159.00 R&D Mftg., rebate 744.80 Redfield & Co., su 200.39 Shelhamer Petroleum, su 223.24 Stahr & Assoc., grant 2,075.00 Tax Commissioner, tax .62 Island Supply, su 187.40
STREET FUND B’s Enterprises, parts 1,105.60 Carhart, su 95.09 Gilmore & Assoc., fee 3,000.00 Holt Co. Auto, su 47.67 Holt Co. Independent, ad 106.97 Jefferson Pilot, ins 11.50 K&K Welding, su 24.01 Newman Traffic, signs 120.87 O’Neill Auto, su 6.77 O’Neill Lumber, su 41.78 O’Neill Saw & Cycle, su 14.99 Super 8, lodging 40.00 ZEP Mftg., su 39.77  WATER FUND Neopost, postage 500.00 Alco, su 44.65 American Gear Co., su 4.50 American Water Works, dues 114.00 Axis Capital, lease 47.50 Bomgaars, su 8.99 Carhart, su 3.00 Central Co1mmunity, school 400.00 Contingent Fund, misc 96.36 Great Plains, hotline 3.00 Holz Lumber, su 2.49 Jefferson Pilot, ins 14.35 K&K Welding, su 35.00 Niobrara Valley, util 117.98 O’Neill Auto, su 22.28 O’Neill Electric, su 15.33 Rutjens, ser 2,500.00 Super 8, lodging 269.50 Tax Commissioner, tax 1,010.86 Utility Equip., equip 1,805.93	SEWER FUND Neopost, postage 700.00 Alco, su 48.99 American Gear Co., su 4.50 Axis Capital, lease 47.50 Barco, sign 56.36 Bomgaars, su 178.89 Elliot Equip., equip 24,400.00 Great Plains, hotline 3.00 Hach, su 172.40 Hawkins, su 4,953.40  Holt Co. Independent, ad 31.67 Holz Lumber, su 2.50 Jefferson Pilot, ins 18.25 Midwest Lab, testing 40.00 Nat’l Waterworks, su 1,375.06 Ogden Hardware, su 2.00 O’Neill Electric, su 1,331.76 Ron’s Small Engine, su 55.00 Share Corp., su 655.00 Tax Commissioner, tax 1,705.26 Water Co., fee 47.50  TRANSFER STATION FUND Butler Co. Landf, fees 17,171.89 Recycling Account, pmt  19,552.92 Fremont Nat’l Bank, bond 47,109.35 Fremont Nat’l Bank, fee 75.00 Bomgaars, su 20.82 Holt Co. Independent, ad 34.56 J&J Sanitation, fee 29,895.74 Linweld, rent 8.38 Niobrara Valley, util 900.00 O’Neill Auto, su 41.52 Shelhamer Petroleum, su 30.34
*THESE BILLS ARE FROM LAST MONTH: Niobrara Valley Electric, util 862.50 Qwest, util  2,110.18

AUDITING COMMITTEE:

_________________________________
TERRI KRYSL, WARD III

_________________________________
DWAYNE PHILBRICK, WARD III

Police Chief Matchett announced that the department had received a grant to purchase two stinger spike strips.

Park Supervisor Hammerlun announced that the city had been chosen to host the 2003 Horseshoe Tournament and that we were awarded the Tree City USA distinction again.

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

The meeting adjourned at 9:00 P.M.
 

      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER
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