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
June, 2004 at
Present:
Mayor William Price, City Attorney Boyd Strope, City Clerk/Treasurer
Nikki Johnston, Council President Ed Price and Council members; Lauren Hiebner, Terri Krysl, Dwayne
Philbrick, Marv Fritz, Al Vorce and Kevin Shelhamer. Absent:
Council member Don Baker.
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 Krysl, second by E. Price to
waive the reading of
the minutes
of May 3, 2004 and May 17, 2004 and approve them as if read. Roll call vote as follows: All Ayes.
Motion carried.
Housing Committee representative John Heitz
gave an update on the down payment assistance grant. Five more applications are ready for approval
tonight for a total of $63,223.49.
Moved by Fritz, second by Vorce to approve
the following down payment assistance applications; Holt-03-07, Holt-03-18,
Holt-03-09, Holt-03-21 and Holt-03-22 for a total of $63,223.49. Roll call vote as follows: All Ayes.
Motion carried.
The Mayor called for all dental insurance
bids.
Moved by Hiebner, second by E. Price to
close the dental insurance bids. Roll
call vote as follows: All Ayes. Motion carried.
City Attorney Strope read the following
bids aloud:
BAUER
INSURANCE AGENCY
Dental Solutions Plan 1 951.81/mo with
option of $40.59
Plan B 1,044.54/mo with option $44.85
GE 1,435.86/mo
BUCHE
INSURANCE
Delta Dental 1,324.70/mo
Met Life 1,238.62/mo
Self-funded 1,324.70/mo
Principal 1,242.17/mo
Horizon 1,115.00/mo
VANDERBEEK
INSURANCE AND INVESTMENTS
Met Life 1,595.64/mo
Moved by E. Price, second by Philbrick to
table the dental insurance bids until the special meeting on June 17th
at 7:30 P.M. Roll call vote as
follows: All Ayes. Motion carried.
The Mayor called for all Putter Street
water bids.
Moved by Fritz, second by Krysl to close
the water bids. Roll call vote as
follows: All Ayes. Motion carried.
City
Attorney Strope read the following bids aloud:
Horizontal Boring & Tunneling $12,540.00 No start/completion
Rutjens Construction $26,951.24 July 1st - Aug 5th
Horizontal Boring & Tunneling bid is
for boring only and the Rutjens Construction bid is for the complete project. Water Commissioner Kizzire will review the
bids.
Mark Kovar, District Engineer with the
Department of Roads reviewed the maintenance agreement dealing with surface
maintenance on the highways that go through O’Neill. The cost of the agreement has increased by
$5,206.00 from last year’s agreement.
The increase reflects the state statutes and billing procedures.
Street Supervisor Larry Peters will review
the agreement with Mark Kovar and report back to council at the July meeting.
Herb Reiser presented a dividend check for
$4,382.62 from Employer Mutual Company.
Employer Mutual Company has a municipality safety group dividend
program. The company wishes to thank the
City of O’Neill for a job well done and Reiser Insurance Agency would like to
thank the City as well.
Moved by Fritz, second by Philbrick to
approve a catering permit for the Wild Rose on July 10th for a beer
garden. Roll call vote as follows: All Ayes.
Motion carried.
Fire Chief Rod Ludemann reported that the
Rural Fire Board has agreed to pay for half of the training tower. The total cost of the facility is
$207,000. The officers also conducted a
meeting with the volunteer fire department and the department is willing to
donate $10,000 for the project. There was
a unanimous vote in favor of the training tower in the department at the last
meeting.
Ludemann presented a lease purchase option
for the facility which would cost the City approximately $22,000 per year for
five years. Ludemann stated that
training is crucial for the safety of the men and women in the department. The facility would also be used as a
recruitment and retention tool for the department.
Council member Shelhamer questioned the
possibility of a regional training facility?
Ludemann answered that although interest has been shown, the mutual aid
board can’t get a commitment for money from surrounding communities. The community of Lynch tentatively stated
they would give $1,000 a year.
With budget constraints at the state level,
training will be restricted to fewer locations. However, if the City has a
training facility we may be able to host those training sessions and this would
benefit the local economy.
Ludemann requested permission to advertise
for bids for the facility to get an actual cost and requested the use of the
City land south of the depot known as the Weingartner land. The land is in a wetland area that would not
affect the tower, little dirt work would be necessary and it is close to the
fire hall which would be helpful for the classroom sessions.
Moved by Hiebner, second by Fritz to let
for bids for the training tower with the City to pay half of the lease
payment. Roll call vote as follows: Aye; Hiebner, Krysl, Philbrick, Fritz, Price
and Vorce. Nay: Shelhamer.
Absent: Baker. Motion carried.
Water Commissioner Kizzire stated that the
Rutjens Construction bid met the specifications advertised.
Moved by E. Price, second by Fritz to
approve the Rutjens Construction bid for the water project on Putter Street. Roll call vote as follows: All Ayes.
Motion carried.
Moved by Krysl, second by E. Price to
approve a $2,000.00 donation for fireworks.
Roll call vote as follows: All
Ayes. Motion carried.
City Attorney Strope distributed a
classification list for vendors: 1) Prepared Food Vendors: St. Patrick’s Celebration and Summerfest
(Mobile Facility); 2) Anytime other than
St. Patrick’s or Summerfest; 3) Sale of
Produce not produced by Seller and 4)
Merchandise/Service Sales (Mobile Facility). There was discussion on the current fees and
classifications listed.
The Council tabled this until the special
meeting on June 17th for further review and discussion.
City Attorney Strope read the final reading
of Ordinance No. 1249 by title and number.
ORDINANCE NO. 1249
OF THE
AN ORDINANCE OF THE CITY OF
O'NEILL, NEBRASKA, AMENDING CHAPTER IX AND CHAPTER X OF THE O'NEILL MUNICIPAL
CODE REGARDING SUBDIVISIONS AND ZONING; REPEALING PRIOR ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
Moved by E. Price, second by Shelhamer to
adopt Ordinance No. 1249. Roll call vote
as follows: All Ayes. Motion carried.
Council member Hiebner introduced Ordinance
No. 1251, which is on file with the City Clerk.
City Attorney Strope read Ordinance No.
1251 by title and number.
ORDINANCE
NO. 1251
OF THE
AN ORDINANCE OF THE CITY OF O’NEILL,
NEBRASKA, REGARDING WATER AND SEWER CONNECTION, SEWER BILLING, CUSTOMER DEPOSIT,
AND METER TAMPERING; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
Moved by Hiebner, second by Shelhamer to
conduct the first reading of Ordinance No. 1251. Roll call vote as follows: Aye; Hiebner, Krysl, Philbrick, Price and
Shelhamer. Nay: Fritz and Vorce. Absent:
Baker. Motion carried.
Council
member Philbrick introduced and moved to adopt Resolution No. 04-15, which is
on file with the City Clerk.
RESOLUTION NO. 04-15
OF THE
BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF O’NEILL, NEBRASKA, THAT:
Sec. 1. The
City of O’Neill Library is the owner of numerous used books and it is hereby
determined the City is no longer nor in the future shall need said used books
and that the same should be and is hereby directed to be sold.
Sec. 2. Said
personal property has a fair market value of less that $750.00 and shall be
sold on the following terms and conditions:
Public Sale on June 12, 2004 from 10:00
a.m. to 5:30 p.m. at the O’Neill Public Library.
Sec. 3. Notice
of said sale stating a general description of said property and the terms and
conditions of said sale shall be posted at the O’Neill City Clerk’s Office, the
O’Neill Public Library, United Nebraska Bank and Pinnacle Bank and at least
five days prior to said sale. After said
notice and posting period the City shall cause said sale to be made.
Sec. 4. The
proper City officials are herby authorized to execute to execute such documents
as may be necessary to affect said sale.
PASSED AND APPROVED this 7th day
of June, 2004.
WILLIAM T.
PRICE, MAYOR
ATTEST:
(SEAL)
NIKKI
JOHNSTON, CITY CLERK/TREASURER
Second by E. Price to adopt Resolution No.
04-15. Roll call vote as follows: All Ayes.
Motion carried.
Cemetery
Supervisor Nick Hammerlun and Cemetery Board representative Terry Miles
requested the Council set minimum cemetery stone requirements.
The
Cemetery Board recommended 18” X 4” X 10”.
The Cemetery Board discussed the issue of conformity as well as
durability of wood or cement stones. The
composition of the stone is not an issue with the Cemetery Board at this time.
Moved
by Philbrick, second by Hiebner to introduce Ordinance No. 1252 determining
minimum stone requirements and to waive the three readings. Roll
call vote as follows: Aye; Hiebner and
Philbrick. Nay: Krysl, Fritz, Price, Vorce and
Shelhamer. Absent: Baker.
Motion failed.
Council
member Shelhamer moved to introduce Ordinance No. 1252 and not waive the three
readings.
City
Attorney Strope requested to meet with Nick and Jack Hollenbeck regarding this
matter and to bring it back before the Council at the July meeting.
Council
member Shelhamer withdrew his motion.
City Attorney Strope distributed and reviewed
a special nuisance cleanup procedure.
SPECIAL NUISANCE CLEANUP
June through August, 2004 ONLY
1.
O'Neill Police Department contact owner and explain nuisance citation to
be issued and explain terms of agreement which individual can do in lieu of
citation.
2. Only
one time agreement. Probably never have
program again, but if the City does and the owner has another nuisance, special
cleanup will not be offered. They must keep
premises clean in future.
3.
Removal and cleanup of nuisance at no cost to owner.
4.
Release City from all liability of removal and cleanup.
5. Grant
City permission to enter premises for removal and cleanup.
6. Agree
on starting date.
7. Agree
to general plan of cleanup, items to be removed, etc.
8. At
City's discretion to offer removal and cleanup or not, depending upon size of
nuisance, materials involved, etc.
9. City
to receive any salvage value of material removed.
10. If
owner does not wish to agree to plan by August 31, 2004, a nuisance citation
will be issued requiring cleanup in 15 days and prosecution if not. No agreement to be made later. If individual is tenant owner approval must
also be obtained and owner sign agreement.
Agreement must be entered into in June, July, or August, 2004. City may conduct removal and cleanup anytime
thereafter. Depends upon obligation for
regular City operations.
11. C
& D material to O'Neill Landfill.
Recoverable metal to be sold to Husker.
General items through Recycling Facility. I have contact J & J to consider
cooperating with the City for no charge of special nuisance cleanup items to
landfill.
Moved
by E. Price, second by Vorce to approve and proceed with
the special
nuisance cleanup procedure. Roll call
vote as follows: All Ayes. Motion carried.
Moved by Philbrick, second by E. Price to
deny the Parshall claim for attorney fees.
Roll call vote as follows: Aye;
Hiebner, Philbrick, Price, Vorce and Shelhamer.
Nay: None. Abstain:
Krysl and Fritz. Absent: Baker.
Motion carried.
The Council voted on the Hall of Fame
nominations by secret ballot.
Moved by Fritz, second by Krysl to approve
the two nominations receiving the most votes for the Hall of Fame for
2004. Roll call vote as follows: All Ayes.
Motion carried.
Moved by Hiebner, second by Krysl to remove
Tanci Mishler from probationary status.
Roll call vote as follows: All
Aye. Motion carried.
Mayor Price announced that the July meeting
will be held on Tuesday, July 6, 2004 at
Moved by E. Price, second by Fritz to
approve the bills. Roll call vote as
follows: All Ayes. Motion carried.
ALL FUNDS
Payroll, salary 67,630.36 Fed
& FICA, tax 14,458.07
CBSA, ins premium 23,772.21 Alltel,
ser 528.07
American Family, ins 988.02 Appeara,
su 650.37
Benefit Plans, fees 580.00 Central
Valley Ag, fuel 2,838.68
Curtis 1000, su 1,374.84 Dana
Cole, fees 5,200.00
Delta Dental, ins 1,222.95 Francotyp,
lease 111.00
Holt Co. Independent, ad 1,246.19 Jefferson
Pilot, ins 174.50
Kinder Morgan, util 384.46 Nationwide,
pension 4,401.66
NE Dept. of Revenue, tax 1,619.30 NPPD,
util 10,368.48
NT&T, phone 2,865.88 Strope,Krotter&G, fees 2,193.00
Teleset, postage 1,500.00 Western
Office, su 469.49
Contingent Fund, misc 1,252.97
GENERAL FUND
Adolph Kiefer, su 124.87 Alco,
su 64.00
BCBS, ins refund 93.11 Bomgaars,
su 203.34
Brenda Shald, fees 43.13 Cris
Bulau, clean 260.00
Carhart Lumber, su 469.32 Continental
Alarm, su 46.77
Lonnie Doty, re 936.95 Emergency
Medical, su 270.27
Emme Sand & Gravel, su 54.00 Fort
Dearborn, ins 123.84
Fuller & Son, re 735.92 Hawkins,
su 708.00
Holt Co. Auto, su 25.02 In
the Swim, su 266.81
Island Supply, su 87.95 JM
Discount, su 24.97
K&K Welding, su 57.53 KBRX,
ad 49.00
Leon’s Repair, re 75.00 Lesco,
su 3,000.00
Magna-Matic, su 144.59 Midstates
Consulting, su 150.00
Midwest Turf, su 27.83 Municipal
Supply, su 240.46
NE Planning & Zoning, fee 70.00 Netcom,
su 248.00
Ogden Hardware, su 202.27 O’Neill
Auto, su 7.31
O’Neill Electric, re 2,372.57 O’Neill
Fire & Safety, ser 135.00
Phillips 66, fuel 52.92 Post
Closure Account, pmt 2,398.79
Qwest, phone 104.09 Reiser Insurance, ins 875.50
Sack N Save, su 75.91 Schwans
Sales, su 377.56
Shamrock Nursery, su 81.26 Shelhamer
Equipment, su 13.50
Tax Commissioner, tax .06 US
Treasury, garnish 124.10
Western States Indus., su 621.00 Bartak
Glass, re 152.38
POLICE FUND
Alco, su 13.16 Avera St. Anthony’s, tests 80.00
Brenda Shald, fees 17.25 Bureau
of Nat’l Affairs, su 106.59
Chief Supply, film 849.99 Don
Clyde, uniform 150.00
Internet NE, ser 62.95 Jack’s
Uniform, su 312.25
Sarah Klinetobe, clean 175.00 Ben
Matchett, uniform 150.00
Matthew Bender, su 80.80 NE
HHS, tests 150.00
Netcom, su 374.52 Ogden Hardware, su 37.07
O’Neill Body & Frame, fee 47.50 O’Neill
Book & Office, su 11.00
O’Neill Car Wash, wash 22.00 O’Neill
Electric, su 62.80
Qwest, phone 275.73 O’Neill Vet Clinic, fees 180.00
Matthew Otte, uniform 150.00 Michael
Parks, uniform 150.00
Sandra Peterson, reimb 220.43 Brian
Phelps, uniform 150.00
Quality Alignment, re 329.73 Schmader
Electric, equip 17,992.00
Sunmart, su 36.16 Taylor Made Printing, su 867.50
Telebeep, ser 17.11 Viking Products, su 168.50
Larry Wanamaker, uniform 150.00 Water
Co., su 80.00
Western States Indus., su 234.19
STREET FUND
Bomgaars, su 1.79 Brenda Shald, fees 8.62
Carhart Lumber, su 6.28 Cole
Redi-Mix, su 519.50
Dobson Brothers, su 281.40 Double
S Welding, re 182.45
Emme Sand & Gravel, su 798.00 Jill
Everitt, reimb 106.35
FDF Construction, re 583.42 Fremont
Nat’l Bank, bond 84,468.75
Holt Co. Auto, su 33.01 K&K
Welding, su 297.82
WM Krotter, su 7.20 Logan
Contractors, su 384.70
O’Neill Auto, su 192.47 O’Neill
Fire & Safety, ser 187.50
Presco Sales, equip 1,374.80 Ranchland
Auto, su 10.49
Spreitzer, Inc., su 398.16 Superior
Signals, su 100.45
Triple R Tire, re 35.00
SEWER FUND
Axis Capital, su 47.50 Bomgaars,
su 101.76
Brenda Shald, fees 17.25 Carhart
Lumber, su 77.18
Cole Redi-Mix, su 167.50 Earl’s
Repair, re 32.50
Farm Plan, su 79.50 Gokie Oil, oil 55.98
Great Plains, hotline 33.33 Hawkins,
su 1,850.09
Holz Lumber, su 7.00 Midwest
Lab, tests 20.00
Morcomm, su 12.50 Ogden Hardware, su 29.94
O’Neill Electric, su 9.90 O’Neill
Fire & Safety, ser 125.50
Seelye Plastics, su 162.57 Share
Corp, su 317.45
Tax Commissioner, tax 1,899.70 Torpin’s,
su 6.02
Triple R Tire, re 7.50 Water
Co., su 58.50
WATER FUND
Axis Capital, su 47.50 Bomgaars,
su 69.18
Carhart Lumber, su 78.57 Cole
Redi-Mix, su 167.50
Lonnie Doty, re 196.10 Earl’s
Repair, re 32.50
Great Plains, hotline 33.33 Hawkins,
su 456.92
Holz Lumber, su 51.38 Hydro
Metering, su 3,090.82
Morcomm, su 12.49 Municipal Supply, su 731.72
National Waterworks, su 43.62 NE
HHS, tests 72.00
NE Rural Water, school 70.00 Niobrara
Valley, util 253.73
Ogden Hardware, su 24.52 Ross
Signs, su 23.80
Tax Commissioner, tax 1,403.88 Data
Technologies, su 900.00
TRANSFER STATION FUND
Butler Co. Landf, fees 22,248.30 Recycling
Account, pmt 19,552.92
J&J Sanitation, fees 31,115.40 Holt
Co. Auto, su 6.71
Kansas State Bank, lease 13,016.56 Linweld,
lease 9.80
Niobrara Valley, util 900.00 Road
Builders, su 108.82
Siouxland Scale, su 252.00 Triple
R Tire, re 539.80
DEBT SERVICE FUND
Fremont Nat’l Bank &
Trust, int pmt 3,837.50
AUDITING COMMITTEE:
_________________________________
ED PRICE, WARD II
________________________________
MARV FRITZ, WARD II
Moved
by Hiebner, second by Fritz to adjourn.
Roll call vote as follows: All
Ayes. Motion carried.
The meeting adjourned at
WILLIAM T. PRICE,
MAYOR
ATTEST:
(SEAL)
____________________________________________________________
NIKKI
JOHNSTON, CITY CLERK/TREASURER
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