A regular meeting of the Mayor and the City Council of O'Neill was held at the City Hall in said City on the 7th day of April, 2008 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; Terri Krysl, Dwayne Philbrick, Tim Schneider and Tim Gleason. Absent: Council members Don Baker, Vicki Cork and 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.

Mayor Price informed the public of the location of the Open Meetings Act poster.

Moved by Price, second by Krysl to waive the reading of the minutes

of the March 3rd meeting and approve them as if read. Roll call vote as follows: All Ayes. Motion carried.

Moved by Schneider, second by Gleason to open the application for CDBG public hearing. Roll call vote as follows: All Ayes. Motion carried.

Laurie Hansen from Central Nebraska Economic Development District announced that the O’Neill City Council is requesting $250,000 to assist with the construction of a Community Center to be located at 513 South 4^th Street. The total cost of this project is approximately $1,500,000. The remaining $1,250,000 will be funded by funds currently raised and an anticipated low interest loan. This project will benefit an area of O’Neill which has been declared blighted and substandard.

The City of O’Neill plans to build a community center that is 12,320 square feet and has a capacity to hold 518 people. This includes a large meeting room with a raised platform for speakers, a small meeting room that

can be divided off the main room, kitchen facilities and the entire facility will be handicap accessible.

Council member Shelhamer entered the meeting at this time.

There was no public comment made.

Moved by Schneider, second by Price to close the CDBG public hearing. Roll call vote as follows: All Ayes. Motion carried.

Council President Price introduced and moved to adopt Resolution No. 08-10 which is on file with the City Clerk.

RESOLUTION AUTHORIZING CHIEF ELECTED OFFICIAL TO SIGN AN APPLICATION FOR CDBG FUNDS

Resolution # 08-10

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,

Whereas, the O’Neill, Nebraska, has obtained its citizens’ comments on community development and housing needs; and has conducted public hearing(s) upon the proposed application and received favorable public comment respecting the application which for an amount of $250,000 for the construction of a Community Center and,

NOW, THEREFORE, BE IT RESOLVED BY

Council of the City of O’Neill, that the Mayor 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.

Signed

Second by Schneider to adopt Resolution No. 08-10. Roll call vote as follows: All Ayes. Motion carried.

City Clerk Johnston reported that the Planning Commission had conducted their public hearing today and approved the Country Clover Second Subdivision final plat and recommended the same to the Council.

Moved by Schneider, second by Gleason to approve the Country Clover Second Subdivision final plat. Roll call vote as follows: All Ayes. Motion carried.

Moved by Schneider, second by Philbrick to open the Country Clover Estates conditional use permit public hearing. Roll call vote as follows: All Ayes. Motion carried.

City Clerk Johnston explained that as part of the housing subdivision grant a playground area for the homeowners was added. The playground will be maintained and insured by Central Nebraska Housing Developers.

A conditional use permit is required because of the Residential zoning determination.

The Planning Commission held their public hearing earlier today and approved the permit.

There was no public comment made.

Moved by Schneider, second by Philbrick to close the conditional use permit public hearing. Roll call vote as follows: All Ayes. Motion carried.

Moved by Gleason, second by Price to approve the conditional use permit request submitted for Country Clover Estates to allow a playground in Residential zoning. Roll call vote as follows: All Ayes. Motion carried.

City Clerk Johnston updated the council on the funding for the Country Clover Estate housing project. There is still a small gap that Judy Petersen has been working on.

City Clerk Johnston asked if the council would be willing to waive the final payment on the land in the amount of $25,000 so the project may move forward.

Moved by Philbrick, second by Price to waive the final payment of $25,000 for the land for the Country Clover Estates housing subdivision. Roll call vote as follows: All Ayes. Motion carried.

Moved by Krysl, second by Price to approve the additional seating request for La Herradura. Roll call vote as follows: All Ayes. Motion carried.

Mayor Price called for ambulance bids.

There were no ambulance bids submitted.

Theresa Cuhel appeared to request lease of city land for five years for one dollar so they can do better planning for future Muddrag events. The lease would be for only the Muddrag event and the land would be used at the time of the event only.

Moved by Schneider, second by Price to approve the lease of the land for one dollar for one week (Wednesday to Wednesday) surrounding the event at Summerfest. City Attorney Strope will draft the lease for the city. Roll call vote as follows: All Ayes. Motion carried.

Steve Reiser presented the City with a safety dividend check from EMC Insurance in the amount of $13,264.67.

Mayor Price stated that a request was made for a stop sign on Cleveland Street, at the intersection of Cleveland Street and Everett Street for north and south traffic.

Police Chief Wanamaker reported that a traffic study had been completed and that placing stop signs at the intersection would have minimal impact on the traffic.

No action was taken on the agenda item.

City Attorney Strope read the second reading of Ordinance No. 1289 by title and number.

ORDINANCE NO. 1289

OF THE

CITY OF O'NEILL, NEBRASKA

AN ORDINANCE OF THE CITY OF O'NEILL, NEBRASKA, AMENDING THE DEFINITION OF AN ABANDONED VEHICLE IN SECTION 3-201 OF THE O'NEILL MUNICIPAL CODE; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.

Council member Schneider introduced and moved to adopt Resolution No. 08-11 which is on file with the City Clerk.

RESOLUTION NO. 08-11

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 2008-2009, to be used to provide public transportation in the City of O’Neill, NE surrounding area 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, NE 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 citizens of the City of O’Neill, NE.

PASSED AND APPROVED this 7th day of April, 2008.

WILLIAM T. PRICE, MAYOR

NIKKI JOHNSTON, CITY CLERK/TREASURER

Second by Krysl to adopt Resolution No. 08-11. Roll call vote as follows: All Ayes. Motion carried.

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

ALL FUNDS

Payroll, salary 72,507.38 Fed & FICA, tax 15,483.33

Alltel, ser 382.07 American Family, ins 367.84

Appeara, su 940.44 Bomgaars, su 819.52

Contingent Fund, misc 1,207.35 Coventry Health Care, ins 19,750.14

Cubby’s, fuel 8,031.39 Metlife, dental ins 1,219.03

Nationwide, pension 3,871.86 NE Dept of Revenue, tax 1,673.96

NPPD, util 11,404.45 NT&T, phone 1,719.02

NE Nebraska Fire, ser 829.00 Pitney Bowes, postage 1,849.00

O’Neill Tire & Supply, re 142.00 SourceGas, util 4,271.42

Standard Insurance, ins 183.00

GENERAL FUND

Alco, su 7.98 Anson Insurance, ins 321.75

Sandy Atkins, su 125.60 Avera Holt Co. Clinic, ser 40.00

Blain Plumbing, re 19.00 Pete Bolln, su 40.00

Carhart Lumber, su 29.45 Cornhusker, lodging 436.00

Doty’s Plumbing, re 279.36 ED M Feld, su 1,045.00

Elkhorn Valley, ser 186.32 Emergency Medical, su 1,311.30

Emme Sand & Gravel, su 280.00 Fort Dearborn, ins 130.72

G. Neil, su 54.99 Gokie Oil, su 119.35

Holt Co. Independent, ad 348.52 Island Supply, su 114.67

K&K Welding, re 417.42 KBRX, ad 23.50

LESCO, su 5,719.20 Lincoln National Life, ins 59.35

Ludemann Safety, ser 105.80 Scott Menish, clean 85.00

Mid-America Sports, su 503.85 Morcomm, su 10.00

NE Child Support, garn 98.35 Netcom, su 133.50

NE Community College, ser 109.51 O’Neill Electric Motor, ser 1,284.03

Palos Sports, su 273.87 Qwest, phone 39.10

Ranchland Auto, su 24.91 Sarah Sidak, clean 175.00

State of NE, su 150.00 Strope & Gotschall, fees 696.00

Taylor Made Printing, su 13.00 Town & Country, re 633.95

Triple R Tire, su 201.00 Western Office, su 821.58

POLICE FUND

Alco, su 39.70 Avera St. Anthony’s, tests 180.00

Graham Tire, su 307.96 Jack’s Uniform, su 823.59

Quentin Johnston, clean 185.00 Rachel Kohlman, ser 50.40

NE Public Health, tests 312.00 NE Law Enforcement, su 30.00

Netcom, su 328.00 O’Neill Car Wash, wash 33.00

O’Neill Shopper, ad 35.00 O’Neill Vet Clinic, fees 120.00

Photo One, film 73.30 Prairie Hills Ford, re 69.53

Qwest, phone 47.61 Telebeep, ser 17.11

Western Office, su 5.29

STREET FUND

Asphalt & Concrete, su 1,365.76 Cole Sand & Gravel, ser 130.00

Farm Plan, su 19.50 Gilmore & Assoc., fees 3,100.00

Harper Brush, su 283.49 Holt Co. Independent, ad 122.81

K&K Welding, re 2.73 Lincoln National Life, ins 82.50

O’Neill Auto Supply, su 17.99 Overhead Door, re 138.60

Ranchland Auto, su 39.95 Scott Van Keppel, su 40.71

Strope & Gotschall, fees 154.00

SEWER FUND

Alco, su 34.99 Colonial Research, su 1,197.00

Dollar General, su 17.25 Gaughenbaugh Flooring, su 86.99

Gilmore & Assoc., fees 200.00 Gokie Oil, su 66.38

Graham Tire, su 218.46 Great Plains, hotline 7.81

Holt Co. Independent, ad 25.93 Hutcheson Engineering, su 423.56

Lab Safety, su 150.44 LaRue, su 13.30

Midwest Lab, tests 26.95 Morcomm, su 26.99

Municipal Service, su 1,034.97 NE Child Support, garn 46.16

Ogden Hardware, su 70.55 O’Neill Electric Motor, re 65.00

Pamida, su 99.91 Postmaster, postage 87.50

Prairie Hills Ford, re 121.20 Rutjens, ser 63,386.50

Sihi Pumps, re 3,064.20 Strope & Gotschall, fees 66.00

Tax Commissioner, tax 1,805.18 Torpin’s Rodeo, su 1.06

USA Blue Book, su 423.04 Water Co., su 59.00

Western Office, su 7.39

WATER FUND

Alco, su 5.48 Carhart Lumber, su 34.99

Central Valley Ag, su 68.58 Dakota Supply, su 1,118.97

Dollar General, su 8.00 E.H. Wachs Co., su 340.78

Gempler’s, su 24.35 Gokie Oil, su 66.37

Graham Tire, su 218.46 Great Plains, hotline 7.81

HD Supply, su 175.39 LaRue, su 13.30

Lincoln National Life, ins 15.75 NE Public Health, tests 316.00

Niobrara Valley, util 134.38 O’Neill Electric Motor, ser 106.63

Postmaster, postage 87.50 Prairie Hills Ford, re