A regular meeting of the Mayor and the City Council of O'Neill was held at the City Hall in said City on the 5th day of May, 2003 at 7:30 P.M.
Present: Mayor William Price, City Clerk/Treasurer Nikki Johnston, Council President Ed Price and Council members; Don Baker, Terri Krysl, Dwayne Philbrick, Al Vorce and Kevin Shelhamer. Absent: City Attorney Boyd Strope and Council members Lauren Hiebner and 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 Krysl to waive the reading of the minutes of April 7th and approve them as if read. Roll call vote as follows: All Ayes. Motion carried.
Moved by Baker, second by Vorce to open the Nebraska Rubber Innovations,
Inc. re-zoning hearing. Roll call vote as follows:
All Ayes. Motion carried.
Nebraska Rubber Innovations, Inc. is requesting a zoning change form C-1 Commercial to M-1 Light Industrial. City Clerk Johnston reported that the Planning Commission held a public hearing on the request and voted to recommend the zoning change to the Council. There was no public comment made. Moved by Baker, second by E. Price to close the public hearing. Roll call vote as follows: All Ayes. Motion carried.
Council member Baker introduced Ordinance No. 1232, which is on file with the City Clerk. City Clerk Johnston read Ordinance No. 1232 by title and number.
ORDINANCE NO. 1232
OF THE
CITY OF O’NEILL, NEBRASKA
AN ORDINANCE OF THE CITY OF O’NEILL, NEBRASKA, AMENDING THE ZONING MAP OF THE CITY OF O’NEILL; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
Moved by Baker, second by E. Price to waive the three readings on Ordinance No. 1232. Roll call vote as follows: Aye; Baker, Philbrick, Price and Vorce. Nay: Krysl and Shelhamer. Absent: Hiebner and Fritz. Motion failed. The second reading of this ordinance will be placed on the next meeting’s agenda.
Moved by Philbrick, second by Baker to open The Wild Rose liquor license public hearing. Roll call vote as follows: All Ayes. Motion carried. Debra Fisher is requesting a Class C liquor license as she plans on buying Arnie’s Bar on Douglas Street. There were no public comments made. Moved by E. Price, second by Krysl to close the public hearing. Roll call vote as follows: All Ayes. Motion carried.
Council member Philbrick introduced and moved to adopt Resolution No. 03-12, which is on file with the City Clerk.
RESOLUTION NO. 03-12
OF THE
CITY OF O'NEILL, NEBRASKA
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL, NEBRASKA, that:
Sec. 1. The City of O'Neill has received a liquor license application from The Wild Rose.
Sec. 2. Notice of a Public Hearing on said application set for May 5, 2003 at 7:30 p.m. was published as required by law.
Sec. 3. The O'Neill City Council held a public hearing concerning the application of The Wild Rose for a liquor license.
Sec. 4. Upon hearing it is found and determined that the liquor license of The Wild Rose should be and is hereby approved.
Sec. 5. The City Clerk is authorized to submit necessary documents to the Nebraska Liquor Commission evidencing approval of said application.
PASSED AND APPROVED this 5th day of May, 2003.
WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
NIKKI JOHNSTON, CITY CLERK/TREASURER
Second by Baker to adopt Resolution 03-12. Roll call vote as
follows: All Ayes. Motion carried.
Park Supervisor Hammerlun and Park Board Commissioners Greg Buche and John Nickless proposed a park curfew ordinance. This ordinance would exclude campers in Carney Park. Police Chief Matchett added that his department supports this ordinance.
Council member Baker introduced Ordinance No. 1233, which is on file with the City Clerk. Mayor Price read Ordinance No. 1233 by title and number.
ORDINANCE NO. 1233
OF THE
CITY OF O'NEILL, NEBRASKA
AN ORDINANCE OF THE CITY OF O'NEILL, NEBRASKA, PROVIDING FOR PARK PROPERTY PROTECTION, ESTABLISHING RULES AND REGULATIONS REGARDING THE SAME AND PROVIDING FOR AN EFFECTIVE DATE.
Moved by Baker, second by E. Price to conduct the first reading of Ordinance No. 1233. Roll call vote as follows: All Ayes. Motion carried.
Greg Buche requested the Council consider the parking across from the
pool entrance. This has become a safety issue with the increased
traffic at the pool every year. There are three options the
Park Board wishes the Council to consider:
1. Enforcement of current “No Parking” zone.
2. Angled parking across from the pool to match current parking lot
in front of the park shelter.
3. A gravel parking lot on the land south of the pool owned by Mr.
Torpin and Mr. Cohen. This lot would have a sidewalk leading to it,
designated boundaries with signs and a possible pedestrian crossing.
The land owners are requesting three things: 1) waiver of liability;
2) defined boundaries and 3) the City would remove the gravel should they
decide to sell the land. The Council instructed City Clerk Johnston to
have the City Attorney, draw up an agreement to include a waiver of liability
and bring to the next meeting for review. The Mayor instructed the
Park Board to get estimates for sidewalk, signs, etc. to present at the
next meeting as well.
Moved by E. Price, second by Vorce to close the hay bids. Roll call vote as follows: All Ayes. Motion carried. Mayor Price read the following bids aloud:
Greg Walters $800.00 $400.00 payment to be made before hay harvest and
the balance of $400.00 at the time of harvest.
Junior Young Pay on half share basis or $600.00 cash bid $300.00 before
hay is cut and the balance before the hay is moved
Council member Krysl stated that the noxious weeds must be sprayed before hay is cut. Moved by Philbrick, second by E. Price to accept Greg Walter’s bid for $800.00. Roll call vote as follows: All Ayes. Motion carried.
Moved by Baker, second by Shelhamer to close the water tower bids.
Roll call vote as follows: All Ayes. Motion carried. Mayor
Price read the following bids aloud:
Pittsburgh Tank and Tower Co. $48,351.00
Maguire Iron, Inc. $34,340.00
Utility Service Co., Inc. $43,442.00
Water Commissioner Kizzire took the bids for review.
Council member Shelhamer introduced Ordinance No. 1234, which is on file with the City Clerk. Mayor Price read Ordinance No. 1234 by title and number.
CITY OF O'NEILL, NEBRASKA
ORDINANCE NO. 1234
AN ORDINANCE GRANTING TO KINDER MORGAN, INC., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PERMISSION AND AUTHORITY TO CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM, INCLUDING MAINS, PIPES, CONDUITS, SERVICES AND OTHER STRUCTURES, IN, UNDER, UPON, OVER, ACROSS AND ALONG THE STREETS, ALLEYS, BRIDGES AND PUBLIC PLACES WITHIN THE PRESENT AND FUTURE CORPORATE LIMITS OF THE CITY OF O'NEILL, NEBRASKA FOR THE FURNISHING, TRANSMISSION, DISTRIBUTION AND SALE OF GAS WHETHER ARTIFICIAL, NATURAL, MIXED OR OTHERWISE, FOR LIGHTING, HEATING, DOMESTIC, INDUSTRIAL AND OTHER USES IN SAID CITY AND ELSEWHERE, LIMITING THE TERM OF SAID GRANT, PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID COMPANY MAY OPERATE, AND REPEALING ORDINANCE NO. 497-A.
Moved by Philbrick, second by E. Price to approve Dustin Jorgensen as manager of record for Hinky Dinky LLC’s liquor license. Roll call vote as follows: All Ayes. Motion carried.
Moved by E. Price, second by Philbrick to approve Brenda McIntire as manager of record for Pizza Hut’s liquor license. Roll call vote as follows: All Ayes. Motion carried.
Moved by Philbrick, second by Krysl to approve a $1,000.00 donation to the Blue Dolphins. Roll call vote as follows: All Ayes. Motion carried.
Moved by Baker, second by E. Price to approve advertising for bids for sludge hauling to be completed next fiscal year. Roll call vote as follows: All Ayes. Motion carried.
Moved by Baker, second by Philbrick to approve the low bid of $34,340.00 submitted by Maguire Iron, Inc. for the water tower project. Roll call vote as follows: All Ayes. Motion carried.
City Clerk Johnston reported that the Department of Revenue confirmed that outdoor vendors are reporting city sales tax revenues on their Form 10, which is submitted to the State quarterly. No action was taken.
Police Chief Matchett announced that Officer Gena Jones had resigned to accept a position with the State Patrol. Moved by Shelhamer, second by Vorce to accept Gena Jones’ resignation. Roll call vote as follows: All Ayes. Motion carried.
Council member Krysl requested that the intersection of Fourth and Hancock be concreted or armor coated. Street Supervisor Peters reported that work had already begun on the intersection and that it will be armor coated.
Council member Baker introduced Ordinance No. 1235, which is on file with the City Clerk. Mayor Price read Ordinance No. 1235 by title and number.
ORDINANCE NO. 1235
OF THE
CITY OF O'NEILL, NEBRASKA
AN ORDINANCE OF THE CITY OF O'NEILL, NEBRASKA, AMENDING CHAPTER VI, ARTICLE I, REGARDING WATER DEPARTMENT AND CHAPTER VI, ARTICLE II, REGARDING SEWER DEPARTMENT; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR PUBLICATION IN PAMPHLET FORM AND PROVIDING FOR AN EFFECTIVE DATE.
Moved by Shelhamer, second by Vorce to approve the bills. Roll call vote as follows: All Ayes. Motion carried.
ALL FUNDS
Payroll, salary 91,417.94
Fed & FICA, tax 21,129.82
CBSA, ins premium 20,867.38
Alltel, ser 366.96
American Family, ins 972.56
Appeara, su 579.94
Benefit Plans, fees 557.50
Central Farmer's, fuel 1,985.90
Delta Dental, ins 1,002.60
Jefferson Pilot, ins 168.95
Kinder Morgan, util 612.47
Qwest, phone 2,118.21
MCI, phone 121.12
Nationwide, pen 4,862.71
NE Dept. of Revenue, tax 2,451.08 NPPD, util 9,697.33
GENERAL FUND
Barco, su 237.70
Pete Bolln Dist., su 267.30
Bomgaars, su 51.39
Cris Bulau, clean 260.00
Carhart Lumber, rental 65.00 Contingent
Fund, misc 155.72
Cornhusker, lodging 164.00
Doty’s Plumbing, ser 1,041.21
Ed M. Feld Equip., su 96.00
Elkhorn Network, ser 54.85
Holt Co. Clerk, fees 398.92
In the Swim, su 531.91
Island Supply, su 30.20
KBRX, ad 18.00
LeeRoy Lauridsen, re 40.60
Leon’s Repair, re 25.00
MeTL Sandblasting, ser 5,000.00 Midstates Consulting, su 510.75
Moore Shoes, su 107.33
Northern Pump, equip 9,990.00
Notary Public, fee 77.50
Ogden Hardware, su 153.01
Omaha Life, ins 81.70
O’Neill Auto, su 95.50
O’Neill Book & Office, su 15.50 O’Neill Chemical, su
5,780.95
U-Stop, fuel 33.33
Redfield & Co., su 9.89
Ross Signs, ser 119.50
Pump & Pantry, fuel 5.21
Sunrise Flower, su 25.00
Tax Commissioner, tax .47
Duane Thorin, reimb 693.21 Torpins,
su 15.78
POLICE FUND
Alco, su 40.51
Avera St. Anthony’s, test 40.00
Black Hills Ammunition, su 378.00 Bomgaars, su 3.49
Circle G, re 2.25
Contingent Fund, misc 125.26
Jack’s Uniform, equip 140.60
Sarah Klinetobe, clean 120.00
NE HHS, test 150.00
O’Neill Car Wash, wash 27.50
O’Neill Vet Clinic, fee 270.00
Photo One, su 64.00
Sunmart, film 34.23
Taylor Made Printing, su 287.50
Telebeep, ser 17.11
Viking Product, su 225.90
Water Co., su 28.50
STREET FUND
Adapco, su 92.50
Bomgaars, su 2.99
Carhart Lumber, su 4.77
Cole Redi-Mix, su/ser 364.88
Dollar General, su 5.00
Emme Sand & Gravel, ser 115.50
Leon’s Repair, re 23.00
Netcom, su 10.00
Ogden Hardware, su 13.99
O’Neill Auto, su 34.52
O’Neill Lumber, su 10.99
O’Neill Saw & Cycle, su 16.00
Triple R Tire, re 8.50
SEWER FUND
Alco, su 8.66
Axis Capital, lease 47.50
Bomgaars, su 11.50
Contingent Fund, misc 12.00
Fisher Scientific, su 54.44
Great Plains, hotline 13.00
Hawkins, Inc., su 3,349.58
Lab Safety, su 15.57
Midwest Lab, su 20.00
Moore Shoes, su 170.00
Ogden Hardware, su 64.60
Postmaster, fee 75.00
Prairie Hills, re 94.61
Tax Commissioner, tax 1,700.06
USA Blue Book, su 251.40
Utility Equipment, su 39.02
Water Co., su 26.50
WATER FUND
Axis Capital, lease 47.50
Bomgaars, su 23.48
Great Plains, hotline 13.00
Lab Safety, su 46.71
Municipal Supply, su 569.84
Nat’l Water Works, su 1,068.30
NE HHS, test 535.00
Niobrara Valley, util 117.98
Ogden Hardware, su 13.96
Postmaster, fee 75.00
Prairie Hills, re 94.61
Tax Commissioner, tax 1,012.78
Taylor Made Printing, su 25.15
USA Blue Book, su 111.63
Utility Equipment, su 851.75
Yesterday Tech, equip/ser 495.55
TRANSFER STATION FUND
Butler Co. Landf, fees 20,220.97 Recycling
Account, pmt 19,552.92
Fremont Nat’l Bank, int 15,838.57 Holt Co. Auto, su 33.03
J&J Sanitation, fees 29,948.70
Linweld, lease 9.16
NE DEQ, fee 350.00
Neligh Tractor, su 26.88
Niobrara Valley, util 900.00
O’Neill Auto, su 63.79
DEBT SERVICE
Fremont Nat’l Bank, interest 38,803.75
POLICE GRANT FUND
Jack’s Uniform, equip 658.00
AUDITING COMMITTEE:
_________________________________
AL VORCE, WARD IV
_________________________________
KEVIN SHELHAMER, WARD IV
The Mayor announced that the City Clean Up Day is this Saturday, May
10th. Residents having an O’Neill address are allowed two loads per
household.
Moved by Krysl, second by Philbrick to adjourn. Roll call vote
as follows: All Ayes. Motion carried. The meeting adjourned
at 8:15 P.M.
WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
NIKKI JOHNSTON, CITY CLERK/TREASURER
***********************************************************
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