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, Al Vorce and Kevin Shelhamer.  Absent:  None.

 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 Fritz to waive the reading of  the minutes of August 4th and 14th and approve them as if read.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Baker, second by E. Price to open the re-zoning request hearing.  Roll call vote as follows:  All Ayes.  Motion carried. The property being discussed is the lot with a single family dwelling south of Niobrara Valley Electric.  The request is to change the zoning for that property from R-1 Residential to C-1 Commercial.
There were no public comments. Moved by Shelhamer, second by Fritz to close the public hearing.  Roll call vote as follows:  All Ayes.  Motion carried. Council member Fritz introduced Ordinance No. 1242, which is on file with the City Clerk. City Attorney Strope read Ordinance No. 1242 by title and number.

 Moved by Fritz, second by E. Price to waive the three readings on Ordinance No. 1242.  Roll call vote as follows:  All Ayes.  Motion carried.

 Moved by E. Price, second by Fritz to adopt Ordinance No. 1242. Roll call vote as follows:  All Ayes.  Motion carried.

 Moved by Vorce, second by Krysl to table opening the insurance bids until the September 15th special meeting.  Roll call vote as follows:  All Ayes.  Motion carried.

 Moved by Vorce, second by Shelhamer to approve the manager’s license request for Marcus Pierson for the Eagles Frat Order 3644.  Roll call vote as follows:  All Ayes.  Motion carried.

 Charlie Molvig spoke to the Council on the issue of installing a water meter for sewer only customers.  Molvig stated that we want to pay a fair share without having to install a meter and would like to see some options such as raise the flat rate ten percent.

 Water/Sewer Commissioner Kizzire state that revenue generated or actual benefits to the City were not the issue in the decision to install meters, the two reasons for re-writing the ordinances were to simplify the ordinance and make it straight forward and fairness.
The sewer only customers only represent six percent of the total sewer customers in the city.  Ninety-four percent of our sewer customers are metered.  It is unfair to those customers to have others that are not metered.

 Bob Pruden stated that it appears that we are spending a lot of money that doesn’t need to be spent and we are metering our privately owned wells.  Installing water meters to meter the sewer usage may not give an accurate measurement.  Maybe we need to be installing sewer meters.  Additionally, it will not be an easy installation for some residences that have enclosed plumbing lines.

 Kizzire stated that the average cost of a sewer meter is $1,500 as opposed to a $162 water meter and this is not including labor.

 The Council heard opposition and fielded general questions from the following sewer customers:

1) Dan Putnam
2) Sheila Dea
3) Jerry Cuddy
4) Bill Scheinost

Moved by Krysl, second by E. Price to approve the review of the
following; 1) the operation of Ordinance No. 1235 regarding metering of sewer only customers; 2) Curt looks at other options and 3) Boyd to look into any legal issues the City would face with other options.  Roll call vote as follows:  All Ayes.  Motion carried.

 This item will be placed on the October 6th meeting agenda.

 Council member Fritz stated that he was not aware of the change in having to meter sewer usage as it was not discussed before the ordinance was passed and neither was the option of commercial users to meter their sprinkler systems.  He understands that it was in the ordinance but why is it being done when the current billing system is fair and fine.

 Kizzire noted that the way it was being done was not the right way.  Businesses were never to have winter rates and any other usage that didn’t go down the sewer was to be metered.  That has always been in the ordinances.  I can’t be responsible for what my predecessors did or did not do, but I am responsible for what I do now.

 Council member Baker noted that the reason that commercial users do not have winter rates is because you may run into the situation where a business may use more water in the winter due to the seasonal flow of their type of business.

 No action was taken.

 City Attorney Strope reported that on the 12th Street drainage issue.  There has been an established ditch there and from a legal standpoint the City would have the right to maintain the drainage way through the lots.  There is no recorded easement and so when you have the right to use an easement such as that it is by prescriptive right that you have been using it for a number of years.  My basic
position is that the City has the right to continue the drainage of water across there.  The second issue is the owner would like to do something different but if we are changing what we have a right to now then we would need to acquire an easement for where the water would go to.  The responsibility of the cost of this project would also need to be addressed.

 Moved by Hiebner, second by Fritz to authorize Boyd to look into easements for this project and report back on October 6thth.  Roll call vote as follows:  All Ayes.  Motion carried.

 Moved by Fritz, second by Hiebner to approve the continuation of the Morcomm Antenna Agreement and to renew it consecutively unless either party requests a change as stipulated in the current contract.  Roll call vote as follows:  All Ayes.  Motion carried. City Attorney Strope read the second reading of Ordinance No. 1241.

 Moved by Shelhamer, second by Vorce to approve the resignation of Greg Fletcher for the Housing Authority and to appoint Larry Hayes to fill his vacancy.  Roll call vote as follows:  All Ayes.  Motion carried.

 Council member Baker introduced and moved to adopt Resolution No. 03-20, which is on file with the City Clerk.

      ___________________________________
      WILLIAM T. PRICE, MAYOR

ATTEST:
(S E A L)
 

______________________________
NIKKI JOHNSTON, CITY CLERK/TREASURER

Exhibit “A”

8 Computers (1 Compu-add and 7 Computers by Malone)

6 Monitors (1 Compu-add, 4 Tatung, 1 IBM (old))

1 Scanner (does not work) (HP Scanjet 5100C)

8 PC keyboards

2 Laser printer (Epson Laser (does not work), Panasonic Pin MultiMode)

6 Mouse

2 Telephones (do not work)

Numerous books.  All used.  Both weeded, discarded library books and books donated to the library specifically for the book sale.

Item Brand Name Model # Quanity
Microphones Calrad 10-15 2
Microphones Calrad DM-21 1
Microphones Unispher B-4 588SD 1
Microphones Unispher B-4 515SB 2
Computer Keyboards NMB RT6656TW 2
Mouse Logitech 4862A011 2
Computer Non Interlaced DA-456AA 1
TV Magnavox – 6 inch BB3912 1
Printer Cannon Color Bubble Jet Printer K30085 1

Tinted Screens  3M AF200S 2
Copier Toner Sharp PPC SF – 76T 6
Cell Phone Motorola MicroTAC/650 2

 Second by Hiebner to adopt Resolution No. 03-20.  Roll call vote as follows:  All Ayes.  Motion carried.

 Council member Baker introduced and moved to adopt Resolution No. 03-21, which is on file with the City Clerk.

 Nikki Johnston, City Clerk/Treasurer is hereby authorized to execute for and in behalf of the above public entity established under the laws of the State of Nebraska, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal/State financial assistance under the President’
Disaster Relief Fund (PL 93-288) as amended, and the Governor’s Emergency Fund (R.R.S. 81-829.42).

 THAT the City of O’Neill, a public entity established under the laws of Nebraska, hereby authorizes its agent to provide to the State, all documents on matters pertaining to such a Disaster assistance as may be required.

 PASSED AND APPROVED this 8th day of September, 2003.
 

 
      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER

 Second by Hiebner to adopt Resolution No. 03-21.  Roll call vote as follows:  All Ayes.  Motion carried.

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

ALL FUNDS
Payroll, salary 83,424.16 Fed & FICA, tax 17,918.81
CBSA, ins premium 24,205.31 Alltel, ser 379.74
American Family, ins 459.30 Appeara, su 727.71
Benefit Plans, fees 542.50 Bomgaars, su 677.80
Central Valley Ag, fuel 3,978.95 Delta Dental, ins 1,222.95
Holt Co. Independent, ad 1,064.71 Jefferson Pilot, ins 164.89
Nationwide, pension 4,375.90 NPPD, util 19,441.45
Kinder Morgan, util 220.97 Qwest, phone 2,063.71
MCI, phone 137.12 NE Dept. of Revenue, tax 1,943.30
Teleset, postage 1,250.00 Torpins, su 220.96
Strope,Krotter & G, fees 9,584.37 Contingent Fund, misc 1,877.76

GENERAL FUND
Adamson Dist., su 69.65 Adolph Kiefer, su 43.50
Alco, su 59.35 Pete Bolln, re 22.95
Bosn/Stanton Const., ser 342.50 Breiner Welding, ser 10.40
Cris Bulau, clean 260.00 Dave Cole, spray 595.00
Cole Redi-Mix, su 99.50 Courtesy Ford, re 31.50
Dollar General, su 5.50 Don’s TV, equip 747.88
Lonnie Doty, ser 10,375.19 Elkhorn Valley Imp., su 485.58
Fastmart, fuel 36.00 Fuller & Son, ser 3,170.00
Gokie Oil, fuel 165.98 Hammerlun’s Lawn, spray 600.00
Holz Lumber, su 485.54 Hurtig Well Service, ser 1,076.75
Island Supply, su 103.95 K&K Welding, re 236.70
KBRX, ad 27.00 WM Krotter, su 225.00
McNichols HVAC, equip 1,499.00 Mid-American, su 535.29
Midstates Consulting, ser 340.50 Morcomm, re 90.00
NEHHS, reimbursement 141.21 Ogden Hardware, su 54.09
Omaha Life,ins 86.00 O’Neill Electric, ser 102.50
O’Neill Family Pract., ser 156.00 O’Neill Lumber, su 1,221.47
O’Neill School, ser 2,022.50 O’Neill Saw & Cycle, su 27.60
Premier Auto, ser 100.00 Sack-N-Save, su 114.47
Schwans, su 451.46 Shamrock Nursery, trees 919.85
Summit Supply, su 1,846.00 Sunmart, su 16.19
Western Office, su 103.79 Shelhamer Petroleum, su 235.56
Tax Commissioner, tax 220.96

POLICE FUND
CBSA, claim 9,035.28 Alco, su 118.82
American Red Cross, fees 672.00 Applied Concepts, su 84.00
Automotive & Welding, su 100.95 Avera St. Anthony’s, test 1,168.00
Cavalry SPV, garnishment 380.44 Don’s TV, equip 122.95
Eby’s, re 87.97 Graham Tire, su 248.12
Internet NE, ser 57.92 Jack’s Uniform, su 599.80
Sarah Klinetobe, clean 150.00 Lynn Peavey, su 159.60
Midwest Radar, re 113.75 Moore Shoes, su 99.98
NEHSS, tests 150.00 NE Law Enforcement, test 5.00
O’Neill Book & Office, su 4.65 O’Neill Car Wash, wash 5.50
O’Neill Family Pract., ser 245.00 O’Neill Pest Control, spray 65.00
O’Neill Sport & Gift, su 10.99 O’Neill Tire & Supply, re 30.00
O’Neill Vet Clinic, fees 237.20 Photo Development, ser 9.09
Quality Alignment, ser 343.80 Sunmart, film development 93.19
Telebeep, ser 16.00 Western Office, su 1,094.68

STREET FUND
Carhart Lumber, ser 32.50 Diamond Vogel, su 291.84
Holt Co. Auto, su 38.21 Holt Co. Treasurer, su 5,070.15
Jebro Inc., su 5,584.46 Kipton Krysl, labor 128.00
Lacal Equipment, su 189.92 Logan Contractors, su 3,842.75
O’Neill Saw & Cycle, su 78.95 Shelhamer Petroleum, su 254.56

SEWER FUND
Alco, su 11.88 Axis Capital, su 47.50
Earl’s Repair, re 20.00 Elkhorn Valley Imp., re 120.57
Great Plains, hotline 25.33 Hach Co., su 48.40
Hawkins, Inc., su 3,100.20 Holiday Inn, lodging 161.46
Holt Co. Auto, su 10.49 K&K Welding, re 12.00
LaRue, su 10.20 Midwest Lab, test 34.00
Municipal Supply, su 704.28 Ogden Hardware, su 25.16
O’Neill Auto Supply, su 9.20 O’Neill Electric, ser 207.71
O’Neill Tire & Supply, su 183.00 Share Corp., su 473.56
Western Office, su 41.99 Yesterday’s Tech, re 162.50

Gilmore & Assoc., fees 1,184.15 Rutjens Construction, ser 28,335.68
Tax Commissioner, tax 1,947.38

WATER FUND
Alco, su 11.88 Axis Capital, su 47.50
Cole Redi-Mix, su 509.00 Earl’s Repair, re 20.00
Elkhorn Valley Imp., re 113.47 Great Plains, hotline 25.33
Hawkins, Inc., su 553.73 Holt Co. Auto, su 10.50
Irwin’s Engine, equip 6,538.00 WM Krotter, re 35.88
LaRue, su 10.19 Maguire Iron, ser/re 56,460.00
Municipal Supply, su 331.61 NEHHS, tests 127.00
Netcom, equip 464.75 Niobrara Valley, util 998.61
Ogden Hardware, su 3.87 O’Neill Electric, re 103.50
O’Neill Tire & Supply, su 183.00 Siouxland Scale, su 249.00
USA Blue Book, su 4,769.50 Western Office, su 41.99
Gilmore & Assoc., fees 1,184.15 Rutjens Construction, ser 28,335.68
Tax Commissioner, tax 2,061.03

TRANSFER STATION FUND
Butler Co. Landf, fees 24,295.70 Recycling Account, pmt  19,552.92
Recycling Account, reimb 17,446.00 J&J Sanitation, fees 30,795.27
Dave Cole, spray 70.00 Elliot Equipment, su 87.46
Linweld, rent 9.16 Midwest Lab, test 692.00
NDEQ, fees 3,150.00 Niobrara Valley, util 900.00
O’Neill Auto Supply, su 55.67 Schmode’s Inc., su 292.94
Depository Trust Fund, pmt 14,875.00

KENO FUND
Jebro Inc., su 5,584.46

AUDITING COMMITTEE:

_________________________________
ED PRICE, WARD II

_________________________________
MARVIN FRITZ, WARD II

 The budget hearing is scheduled for September 15th at 7:30 P.M.

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

The meeting adjourned at 8:43 P.M.
 
 

 
      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 
 

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

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