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  A regular meeting of the Mayor and the City Council of O'Neill was held at the City Hall in said City on the 4th day of August, 2003 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;  Don Baker, Lauren Hiebner, Terri Krysl, Dwayne Philbrick, Marv Fritz and Al Vorce.  Absent:  Council member 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.

Moved by E. Price, second by Philbrick to waive the reading of the minutes of July 7th and 14th and approve them as if read.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Vorce, second by Baker to open the Housing CDBG public hearing.  Roll call vote as follows:  All Ayes.  Motion carried. Trine McBride from CNCS reviewed the changes and additional requests to the application and program design made by the Nebraska Department of Economic Development.

1. Reduction in requested funds from $345,520 to $200,000.
2. Amend budget to reflect award of $200,000 CDBG Funds as opposed to $345,520 Housing Trust Fund dollars.
3. Homes assisted with DPA will meet Nebraska Department of Economic Development’s housing standards.  (Original applications included HUD’s Housing Quality Standards).
4. Income guidelines used to determine income eligibility to be changed from 100% to 80% median income.

Number in Household    Maximum Income

1 person      $27,050
2 persons      $30,900
3 persons      $34,800
4 persons      $38,650
5 persons      $41,750
6 persons      $44,800
7 persons      $47,900
8 persons      $51,000

5. Applicants for the homebuyer assistance program will be referred to FHLBank Affordable Housing Program, USDA-Rural Development lending funds, and Making Homes Accessible.
6. Application rounds will be used to make applications available to O’Neill residents.  The first round of applications will begin mid-October and the round will open for 2 weeks.  An awareness campaign will be completed priot to the rounds.  CNCS staff will hold an “application clinic” and will be available in O’Neill to assist persons with completing applications.  DPA assistance will be awarded on a first-come-first-serve basis of correctly completed applications and after income eligibility has been determined.  Preference points will not be used in awarding DPA funds. If all funds are awarded in the first round, no additional application rounds will be held.  If funds remain after the first round, additional rounds (2 weeks long) will be held until a sufficient number of homebuyers are assisted.
7. The City of O’Neill will use any program income to provide down payment assistance to LMI first homebuyers.  DPA can only be used within the City limits of O’Neill to purchase on existing or newly constructed home.
8. A process has been established if the Program Design needs to be amended or revised.  The O’Neill Housing Committee will make a recommendation to the City Council.  The City Council will approve or disapprove any proposed amendments, after a public hearing has been held to enable the public to comment.  The Council will take into consideration any comments made by the public.  Following approval of the Council, the proposed amendment will be submitted to DED for final approval or disapproval. Trine stated that all correctly completed applications are logged into her office by date and time.Ron Cork stated that the Housing Committee met earlier this evening and reviewed these changes and recommend the Council accept these proposed changes. There were no public questions or comments. Moved by Baker, second by Krysl to close the public hearing.    Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Baker, second by E. Price to accept the amendments for the CDBG Housing Grant application and program design.  Roll call vote as follows:  All Ayes.  Motion carried.

Mayor Price stated that with the proposed annexation the issue of additional costs to the departments needs to be addressed.

 The following spoke in opposition of the proposed annexation:

1. Delray Kumm, representing Shamrock Nursery and area residents and businesses
2. Jeff Mesick, representing Cargill
3. Tim Gray, resident
4. Dan Schaaf, representing Double S Welding
5. Sheila Dea, resident
6. George and Lonnie Fuller, residents and business owner

Council member Shelhamer entered the meeting at 8:20 P.M.

City Attorney Strope explained that if the Council chooses to proceed with introducing an ordinance tonight the three readings may not be waived.
Moved by Baker, second by Krysl to schedule an ad hoc meeting to consider the recommendations from Orval Stahr and look into the issues of cost effectiveness.  Roll call vote as follows:  All Ayes.  Motion carried. The meeting was scheduled for August 25th at 7:30 P.M.

Council member Hiebner left the meeting at 8:50 P.M.

Robert Young representing the Holt Co. Supervisors requested oil surfacing in the alley south of the annex.  There is also the question of drainage.  The County would probably put the oil down. Moved by Krysl, second by Philbrick to approve oil surfacing and a survey to be completed by Gilmore and Associates to address drainage.  Roll call vote as follows:  All Ayes.  Motion carried.

Mayor Price reported that the City had received a request from Nebraska Rubber Innovations, Inc. to move the yearly CDBG payment of $42,250.00 to the back of the note. Moved by E. Price, second by Fritz to move the payment to the end of the note.  Roll call vote as follows:  All Ayes.  Motion carried.

Council member Philbrick introduced and moved to adopt Resolution No. 03-16, which is on file with the City Clerk.

RESOLUTION NO. 03-16

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:

 Lot 27 & 28, Block 21, Original 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 4th day of August, 2003.
 

      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER

 Second by Price to adopt Resolution No. 03-16.  Roll call vote as follows:  All Ayes.  Motion carried.

 City Attorney Strope requested that the 12th Street Drainage issue be tabled until September.

 Council member Fritz stated that the Evergreen still does not see a need for installing a sidewalk on Boone Avenue but will do what the Council wishes.  Fritz stated that the street does need to be lowered and in a previous conversation with Larry Peters the Street Department was to do that.

 Mayor Price will contact Street Supervisor Larry Peters to have that completed.

 City Clerk Johnston announced that the Airport Authority is requesting a $2,500 increase for their levy allocation for a total of $74,950.00.

 Council President Price asked what the increase was need for?

 The Council requested a special meeting to have this addressed.  City Clerk Johnston will contact the Airport Authority and get a meeting scheduled.

 Moved by E. Price, second by Fritz to advertise for general liability insurance.  Roll call vote as follows:  All Ayes.  Motion carried.

 Council member Baker introduced Ordinance No. 1239, which is on file with the City Clerk.

 City Attorney Strope read Ordinance No. 1239 by title and number.

 ORDINANCE NO. 1239
 OF THE
 CITY OF O'NEILL, NEBRASKA
 

 AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 2003-2 IN THE CITY OF O'NEILL, NEBRASKA, ORDERING THE CONSTRUCTION OF WATER MAINS THEREIN AND ASSESSMENT FOR THE COSTS THEREOF AND PROVIDING FOR AN EFFECTIVE DATE.

 Moved by Baker, second by E. Price to waive the three readings on Ordinance No. 1239.  Roll call vote as follows:  Aye; Baker, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  Hiebner.  Motion carried.

 Moved by Shelhamer, second by Vorce to adopt Ordinance No. 1239.  Roll call vote as follows:  Aye; Baker, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  Hiebner.  Motion carried.

 Council member Shelhamer introduced Ordinance No. 1240, which is on file with the City Clerk.

 City Attorney Strope read Ordinance No. 1240 by title and number.

 ORDINANCE NO. 1240
 OF THE
 CITY OF O'NEILL, NEBRASKA
 

 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 2003-2 IN THE CITY OF O'NEILL, NEBRASKA, ORDERING THE CONSTRUCTION
OF WATER MAINS THEREIN AND ASSESSMENT FOR THE COSTS THEREOF AND PROVIDING FOR AN EFFECTIVE DATE.

 Moved by Shelhamer, second by E. Price to waive the three readings on Ordinance No. 1240.  Roll call vote as follows:  Aye; Baker, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  Hiebner.  Motion carried.

 Moved by E. Price, second by Shelhamer to adopt Ordinance No. 1240.  Roll call vote as follows:  Aye; Baker, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  Hiebner.  Motion carried.

 Council member Baker introduced and moved to adopt Resolution No. 03-17, which is on file with the City Clerk.

RESOLUTION NO. 03-17

OF THE

CITY OF O’NEILL, NEBRASKA

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

 Sec. 1. The Council has previously created Water Extension District 2003-1 and Water Extension District 2003-2 for installation of water lines as designed by Gilmore & Associates, City Engineers.

 Sec. 2. The City Clerk is authorized to advertise for bids for said project according to the plans and specifications prepared by Gilmore & Associates.

 PASSED AND APPROVED this 4th day of August, 2003.
 
 

       WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER

 Second by Shelhamer to adopt Resolution No. 03-17.  Roll call vote as follows:  Aye; Baker, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  Hiebner.  Motion carried.

 Council President Price introduced and moved to adopt Resolution No. 03-18, which is on file with the City Clerk.

RESOLUTION NO. 03-18

OF THE

CITY OF O’NEILL, NEBRASKA

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

 Sec. 1. The Council has previously created Sewer Extension District 2003-1 and Sewer Extension District 2003-2 for installation of sewer lines as designed by Gilmore & Associates, City Engineers.

 Sec. 2. The City Clerk is authorized to advertise for bids for said project according to the plans and specifications prepared by Gilmore & Associates.

 PASSED AND APPROVED this 4th day of August, 2003.
 
 

       WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER

 Second by Fritz to adopt Resolution No. 03-18.  Roll call vote as follows:  Aye; Baker, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  Hiebner.  Motion carried.

 The Council discussed the floodplain issue and work that was done with the Corps of Engineers.  The Council decided to budget some engineering monies to begin a feasibility study on floodplain work and begin design work.

 Council President Price introduced Ordinance No. 1241, which is on file with the City Clerk.

 City Attorney Strope read Ordinance No. 1241 by title and number.

 ORDINANCE NO. 1241

 OF THE

 CITY OF O'NEILL, NEBRASKA

 AN ORDINANCE OF THE CITY OF O'NEILL, NEBRASKA, VACATING A PORTION OF THE CUL-DE-SAC LOCATED AT THE SOUTH END OF FAIRWAY AVENUE; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
 Moved by E. Price, second by Shelhamer to waive the three readings on Ordinance No. 1241.  Roll call vote as follows:  Aye; Philbrick, Price, Vorce and Shelhamer.  Nay:  Baker and Krysl.  Absent:  Hiebner.  Abstain:  Fritz.  Motion carried.

 Moved by Shelhamer, second by E. Price to adopt Ordinance No. 1241.  Roll call vote as follows:  Aye; Krysl, Philbrick, Price, Vorce and Shelhamer.  Nay:  Baker.  Absent:  Hiebner.  Abstain:  Fritz.  Motion failed.

 Moved by E. Price, second by Philbrick to approve a two percent base wage adjustment for budgetary purposes.  Roll call vote as follows:  Aye; Baker, Krysl, Philbrick, Price, Vorce and Shelhamer.  Nay:  Fritz.  Absent:  Hiebner.  Motion carried.

 There was discussion and clarification on the meters to be installed for sewer users.  No action was taken.

 Council member Hiebner entered the meeting at 9:40 P.M.

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

ALL FUNDS
Payroll, salary 86,784.90 Fed & FICA, tax 19,022.97
CBSA, ins premium 22,871.34 Alltel, ser 369.49 American Family, ins 446.93
Appeara, su 563.95 Central Farmer's, fuel 3,184.69
Delta Dental, ins 1,222.95 FP Mailing Solution, su 111.00
Jefferson Pilot, ins 164.89 NPPD, util 16,765.04
Kinder Morgan, util 586.83 Qwest, phone 2,070.34
MCI, phone 88.93 Nationwide, pen 4,285.39
NE Dept. of Revenue, tax 2,116.23 Teleset, postage 1,500.00

GENERAL FUND
Adamson, su 149.25 Alco, su 79.96
Blain Plumbing, ser 120.00 Pete Bolln, su 20.30
Bomgaars, su 658.79 Cris Bulau, clean 260.00
Business Office, su 18.00 Carhart Lumber, su 376.37
Collegiate Pacific, su 71.19 Contingent Fund, misc 899.70
Neopost, postage 100.00 Dawson Carpet Cleaning, ser 75.00
Doty’s Plumbing, re 32.50 Ecolab, su 40.00
Ed M Feld, equip 3,150.00 Elkhorn Networks, ser 54.85
Emergency Medical, su 185.26 O’Neill Lion’s Club, donation 50.00
Fuller & Son, ser 217.00 Gokie Oil, fuel 50.39
Nick Hammerlun, reimb 102.95 Holiday Inn, lodging 108.53
Holiday Inn, lodging 231.00 Holt Co. Auto, su 45.24
Home Health, su 15.30 In the Swim, su 618.28
Island Supply, su 33.70 K&K Welding, su 37.14
KBRX, ad 31.50 LONM, dues  3,404.00
Linn Post, su 872.45 Ludemann, re 173.98
McIntosh Jewelry, ser 15.28 Midwest Turf, su 26.74
Moore Shoes, su 3.61 Ogden Hardware, su 74.63
Omaha Life, ins 86.00 O’Neill Auto Supply, su 24.74
O’Neill Electric, re 245.00 O’Neill Family Practice, pmt 156.00
O’Neill Heating & Air, re 42.00 O’Neill Lumber, su 81.16
O’Neill Saw & Cycle, su 80.42 Prairie Hills, re 1,162.71
Reiser Insurance, fee 157.00 Ross Signs, su 132.00
S&W Equipment, equip 8,935.00 Sack N Save, su 114.70
School District 7, pmt 3,460.00 Schwans, su 797.60
Shamrock Horseshoe, don 50.00 Steppco, ser 500.00
Torpin’s, su 148.09 Triple R Tire, re 177.12
Western Office, su 206.64 Wingate Inn, lodging 77.00
Paul Zakrzewski, ser 30.00 Tax Commissioner, tax 401.06

POLICE FUND
Alco, su 108.82 Avera St. Anthony’s, tests 80.00
Contingent Fund, misc 5.62 Jack’s Uniform, su 933.10
Sarah Klinetobe, clean 120.00 Morcomm, su 175.00
State of NE, school 205.00 NE HHS Lab, tests 75.00
O’Neill Body & Frame, re 937.83 O’Neill Car Wash, wash 11.00
O’Neill Tire & Supply, re 62.00 Premier Auto, ser 370.00
Ross Signs, su 238.00 Sunmart, film 107.22
Telebeep, ser 17.13 Water Co., su 81.00
ZEP, su 80.90 O’Neill Vet Clinic, fees 240.00

STREET FUND
Atkinson Lumber, su 60.00 B’s Enterprises, su 240.00
Bartak Glass, re 35.00 Bomgaars, su 23.33
Elkhorn Valley, su 125.95 FDF Construction, ser 15,118.10
LaRue, su 21.00 Midwest Service, su 275.64
Freightliner, su 29.94 Newman Traffic Signs, su 90.45
O’Neill Auto Supply, su 6.77 O’Neill Chemical, su 60.59
O’Neill Saw & Cycle, su 5.00 Ranchland Auto, su 43.29
Triple R Tire, re 8.50 UNL, su 40.00
Rutjens Const., ser 56,477.19

SEWER FUND
Axis Capital, su 47.50 Neopost, postage 50.00
Contingent Fund, misc 167.09 Earl’s Repair, re 45.45
Elkhorn Valley, su 17.38 Fisher’s Plumbing, ser 243.32
Great Plains, hotline 24.00 Hawkins, su 2,241.20
Holz Lumber, su 22.75 K&K Welding, su 58.25
Lab Safety, su 29.87 Midwest Lab, su 108.00
Moore Shoes, su 22.48 Ogden Hardware, su 33.73
O’Neill Electric, re 64.54 Reiser Insurance, fee 113.00
Sewer Equipment, su 1,337.89 Stanley Petroleum, su 1,214.50
Triple R Tire, re 6.23 LONM, dues 293.00
Water Co., su 99.00 Tax Commissioner, tax 1.947.70

WATER FUND
Axis Capital, su 47.50 Neopost, postage 50.00
Blackburn, su 136.75 Bomgaars, su 9.37
Contingent Fund, misc 27.60 Earl’s Repair, re 45.44
Great Plains, hotline 24.00 Lab Safety, su 29.87
Municipal Supply, su 435.61 National Water Works, su 727.80
NE HHS Lab, tests 691.00 Ogden Hardware, su 33.16
Triple R Tire, re 6.22 Utility Equipment, su 99.43
LONM, dues 293.00 Tax Commissioner, tax 1,631.22
Niobrara Valley, util 117.98

TRANSFER STATION FUND
Butler Co. Landf, fees 21,701.90 Recycling Account, pmt  19,552.92
J&J Sanitation, fees 30,632.98 K&K Welding, su 18.35
Linweld, su 8.90 State of NE, fees 43.04
NE Dept. of Labor, unempl 436.00 O’Neill Auto Supply, su 6.32
Triple R Tire, re 591.30 Niobrara Valley, util 900.00

CAPITAL IMPROVEMENT FUND
Roy Carr Construction, ser  2,201.95
Steppco, ser  2,798.05
 

AUDITING COMMITTEE:

_________________________________
DON BAKER, WARD I

_________________________________
LAUREN HIEBNER, WARD I

 There will be a book sale at the library in September.  City Attorney Strope would like this placed on the next agenda after researching the legal aspect of selling city property.

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

The meeting adjourned at 10:00 p.m.
 

      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER
***********************************************************
 
 
 
 
 

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