JULY 6, 2004

 

     A regular meeting of the Mayor and the City Council of O'Neill was held at the City Hall in said City on the 6th day of July, 2004 at 7:30 P.M.

 

     Present:  City Attorney Boyd Strope, Deputy City Clerk/Treasurer Janis Fuhrer and Council members;  Don Baker, Terri Krysl, Dwayne Philbrick, Marv Fritz, Al Vorce and Kevin Shelhamer.  Absent:  Mayor William Price, Council President Ed Price and Council member Lauren Hiebner.

 

     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 Acting Council President Don Baker.

 

Moved by Philbrick, second by Vorce to waive the reading of

the minutes of June 7, 2004 and June 17, 2004 and approve them as if read.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     Don Baker called for all training tower bids.

 

     Moved by Fritz, second by Krysl to close the training tower bids.

Roll call vote as follows:  All Ayes.  Motion carried.

 

     City Attorney Strope read the following bids aloud:

 

     FIRE FACILITIES INC.

 

     Equipment and shipping       $161,067 

     Labor by JP Construction          $ 93,200     

 

     Financing approved for 5 yrs $200,000

 

     WHP

 

     Freight and materials        $147,709

     Labor                        $ 90,780

    

     Financing approved for 5 yrs $243,259

 

     Fire Chief Ludemann stated that a local estimate for labor has been received for $50,000. 

 

     Fire Chief Ludemann and the Council will review the bids and this issue will be placed on the August 2nd meeting agenda.

 

     There was discussion on the location for the facility.  The ground south of Carney Park was looked at but the Fire Department doesn’t feel there would be enough room for the facility and parking.

 

     Park Board representative John Nickless stated that the Park Board was not in favor of the facility being located in Carney Park south of the pond.

 

Representatives from Chambers, Spencer and Lynch spoke in support of the facility for training in North Central Nebraska.  Some financial support may be available from these departments as well.

 

     Moved by Shelhamer, second by Krysl to approve an $850.00 donation to the Blue Dolphins.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     Moved by Philbrick, second by Vorce to approve a catering permit for Tom’s Madison Street Tavern on September 18th for a wedding reception/dance at the National Guard Armory.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     There was discussion on the water and sewer deposits.  No action taken.

 

     Council member Fritz introduced and moved to adopt Resolution No. 04-17, which is on file with the City Clerk.

 

RESOLUTION NO. 04-17

 

OF THE

 

CITY OF O'NEILL, NEBRASKA

 

     BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL, NEBRASKA, that:

     Sec. 1.  The subdivision of the following described real estate from its original tract:

 

The South 1/2 (15 Feet) of the South ˝ (30 Feet) of the vacated portion of Kingswood Drive, lying between Lot 1, Block 6 and Lot 9, Block 1 of Eastwood Heights Addition to the City of O’Neill, Holt County, Nebraska

 

is determined to be exempt from the City's subdivision regulations by reason of meeting the requirements of O'Neill Municipal Code Section 9-301 (B).

     Sec. 2.   The City Clerk is authorized and directed to provide an original of this Resolution for the recordation at the Holt County Register of Deeds Office.

     PASSED AND APPROVED this 6th day of July, 2004.

 

                            

                             DONALD BAKER, COUNCIL PRESIDENT

ATTEST:

(SEAL)

 

 


JANIS FUHRER, DEPUTY CITY CLERK

 

     Second by Krysl to adopt Resolution No. 04-17.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     Council member Fritz introduced and moved to adopt Resolution No. 04-18, which is on file with the City Clerk.

 

RESOLUTION NO. 04-18

 

OF THE

 

CITY OF O'NEILL, NEBRASKA

 

     BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL, NEBRASKA, that:

     Sec. 1.  The subdivision of the following described real estate from its original tract:

 

The North 78’ (Feet) of Lot 8 in Block 6 of the Original Town of O’Neill, Holt County, Nebraska

 

is determined to be exempt from the City's subdivision regulations by reason of meeting the requirements of O'Neill Municipal Code Section 9-301 (B).

     Sec. 2.   The City Clerk is authorized and directed to provide an original of this Resolution for the recordation at the Holt County Register of Deeds Office.

     PASSED AND APPROVED this 6th day of July, 2004.

 

                            

                             DON BAKER, COUNCIL PRESIDENT

ATTEST:

(SEAL)

 

 


JANIS FUHRER, DEPUTY CITY CLERK

 

     Second by Vorce to adopt Resolution No. 04-18.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     Troy Carlson spoke in opposition to Putter Street being opened for the tomato plant.  It is a residential street and would like to avoid it being used for employee and commercial traffic.

 

     Council member Fritz stated that there was an agreement with the City to use this access.

 

     The Council will take this under advisement.

 

     Troy Carlson requested an estimate of cost to install a culvert on Putter Street on west side of residence and close the existing ditch. 

 

     Street Supervisor Peters stated that an 18” culvert costs $6.65 a foot.  A 12” culvert would be $5.15 a foot.

 

     Moved by Shelhamer, second by Fritz to allow for an 18” culvert to be installed with the stipulation that if it doesn’t work the City may remove it.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     No motion was made to have the City install the culvert.

 

     No action taken on the cemetery stone requirements.  Nick will meet with the Cemetery Board and then report back to the council.

 

     Moved by Krysl, second by Philbrick to approve the Department of Roads Maintenance Agreement as submitted.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     City Attorney Strope reported on the nuisance clean-up procedures.  There was discussion on tire clean up and the cost of disposal and cost of labor to the City.  No action taken. 

 

     Council member Shelhamer introduced and moved to adopt Resolution No. 04-19, which is on file with the City Clerk.

 

                     RESOLUTION NO. 04-19

                            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 is owner of a payloader and it is hereby determined the City no longer or in the future shall need said property and that the same should be and is hereby directed to be sold.

     Sec. 2.  Said payloader shall be sold by sealed bid.

     Sec. 3.  Notice of said sale shall be given by publication.

     PASSED AND APPROVED THIS 6th day of July, 2004.

 

                            

                             DON BAKER, COUNCIL PRESIDENT

 

ATTEST:

(S E A L)

 

 


JANIS FUHRER, CITY CLERK

 

     Second by Krysl to adopt Resolution No. 04-19.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     Water/Sewer Supervisor Curt Kizzire requested approval of Nasario Fonseca for the position of wastewater maintenance operator.

 

     Moved by Fritz, second by Shelhamer to approve Nasario Fonseca for the position of wastewater maintenance operator.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     City Attorney Strope read the second reading of Ordinance No. 1251 by title and number.

 

                      ORDINANCE NO. 1251

 

                            OF THE

 

                   CITY OF O’NEILL, NEBRASKA

 

     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.

 

     Deputy Clerk/Treasurer Fuhrer requested approval of the following past due balances to be written off: 

 

Street Department                          $500.00

Transfer Station                           $639.40

Water/Sewer Department                     $788.43

 

     Moved by Shelhamer, second by Fritz to approve the above balances to be written off.  Roll call vote as follows:  Aye; Baker, Krysl, Philbrick, Fritz and Shelhamer.  Nay:  Vorce.  Absent:  Hiebner and Price.  Motion carried.

 

     City Attorney Strope presented a non-resident salesman ordinance with the previously discussed amendments.

 

     Council member Vorce introduced Ordinance No. 1252, which is on file with the City Clerk.

 

     City Attorney Strope read Ordinance No. 1252 by title and number.

 

                       ORDINANCE NO.1252

 

                            OF THE

 

                   CITY OF O'NEILL, NEBRASKA

 

 

     AN ORDINANCE OF THE CITY OF O'NEILL, NEBRASKA, AMENDING ARTICLE

                                  JULY 6, 2004 (CONT’D)

II, CHAPTER 1V REGARDING NONRESIDENT SALESMAN'S PERMIT; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.

 

     Moved by Vorce, second by Krysl to introduce Ordinance No. 1252 and not waive the three readings.  Roll call vote as follows:  All Ayes.  Motion carried.

 

     Council member Fritz introduced Ordinance No. 1253, which is on file with the City Clerk.

    

     City Attorney Strope read Ordinance No. 1253 by title and number.

 

                            ORDINANCE NO. 1253

 

                            OF THE

 

                   CITY OF O'NEILL, NEBRASKA

 

     AN ORDINANCE OF THE CITY OF O'NEILL, NEBRASKA, AMENDING CHAPTERS  IX AND X OF THE O'NEILL MUNICIPAL CODE REGARDING SUBDIVISION AND ZONING  REGULATIONS; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.

     Moved by Fritz, second by Shelhamer to introduce Ordinance No. 1253 and waive the three readings.  Roll call vote as follows:  Aye; Baker, Philbrick, Fritz, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  Hiebner and Price.  Motion carried.

 

     Moved by Fritz, second by Shelhamer to adopt Ordinance No. 1253. Roll call vote as follows:  Aye; Baker, Philbrick, Fritz, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  Hiebner and Price.  Motion failed.

 

     Moved by Shelhamer, second by Vorce to approve the new mileage rate of 37.5˘.  Roll call vote as follows:  All Ayes.  Motion carried.

 

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

 

ALL FUNDS

Payroll, salary      86,136.32   Fed & FICA, tax          18,761.90

CBSA, ins premium    23,772.21   Alltel, ser                 367.47

American Family, ins    481.64   Appeara, su                 646.72

Bomgaars, su            922.61   Central Valley Ag, fuel   4,338.41

Contingent Fund, misc 1,002.62   H&H Sales, su               180.00

Jefferson Pilot, ins    173.00   Kinder Morgan, util       2,707.98

Metropolitan Life, dental 1,280.19           Nationwide, pension                      4,474.63

NE Dept. of Revenue, tax 2,106.89 NPPD, util               12,853.86

NT&T, phone           1,654.57   Scantron, fees              682.00

 

GENERAL FUND

Adamson Dist., su        71.75   Alco, su                     59.50

American Red Cross, school 836.95 Bartak Glass, re             35.00

Pete Bolln, su          863.35   Cris Bulau, clean           260.00

Carhart Lumber, su      470.30   Comfort Inn, lodging        259.80

Dave Cole, ser          260.00   Elkhorn Valley Impl., su      2.35

Fisher’s Plumbing, re    57.71   Fort Dearborn, life ins     116.96

Gilmore & Assoc., fees 1,799.13   Great Western Bank, fee      35.00

Nick Hammerlun, reimb    98.71   Harte’s Lawn Service, ser 2,602.86

Heiman Fire, su         125.00   Holt Co. Auto, su            97.25

Holt Co. Independent, ad 307.13   Island Supply, su            83.60

K&K Welding, ser        868.15   KBRX, ad                     36.00

LaRue, su                59.31   Lauridsen Construction, re   41.23

Leon’s Repair, re       122.50   McIntosh Jewelry, ser         5.20

McNichols HVAC, ser      60.00   Midstates Consulting, su    150.00

Netcom, su               83.90   Ogden Hardware, su          285.24

O’Neill Book & Office, su 17.68   O’Neill Tire & Supply, re    10.00

R&D Manufacturing, rebate 726.03  Ranchland Auto, su            5.39

Reams, su               303.97   Reiman’s Body Shop, re       71.00

Rest Room World, su     169.50   Ross Signs, su              619.60

Sack N Save, su          54.00   Schwans, su                 352.15

Stadium Sports, su      518.40   Strope,Krotter&Gotschall, fees 471.00

Tax Commissioner, tax   474.83   TIF Acct, transfer        7,391.01

US Treasury, garn       124.10   Western Office, su          101.85

Qwest, phone             39.35