A
regular meeting of the Mayor and the City Council of O'Neill was held at the
City Hall in said City on the 8th day of February, 2010 at
Present:
Mayor Bill Price, City Attorney Boyd Strope, City
Clerk/Treasurer Nikki Johnston, Council President Kevin Shelhamer
and Council members; Susie Kramer, Terri Krysl, Scott
Menish, Tim Gleason, Vicki Cork and Don Baker. Absent: Council member Tim Schneider.
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.
Mayor
Price informed the public of the location of the Open Meetings Act poster.
Moved by Krysl,
second by
Moved by Baker, second by
The public hearing is to determine whether
the proposed project providing for additions and improvements to and equipment
for the existing hospital facilities of Avera St. Anthony’s Hospital is located within a blighted
area and whether the proposed project is within the City’s development plan or
plans for such area.
There was no public comment made.
Moved by Menish, second by Kramer to close the public hearing. Roll call vote as follows: All Ayes.
Motion carried.
Council member Kramer introduced and moved
to adopt Resolution No. 10-06, which is on file with the City Clerk.
RESOLUTION NO. 10-06
BE
IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
Section 1. The Mayor and Council of the City of
desires
to finance the costs of additions and improvements to and equipment for its existing
hospital facilities located at Second and Adams Streets (300 North Second Street),
O’Neill, Nebraska, (the “2010 Project”), in keeping with the City’s redevelopment
plan for an area previously determined to be blighted and substandard, and the
City has previously taken or expects to take action to authorize development
revenue financing for such project in accordance with the provisions of
Sections 13-1101 to 13-1110, R.R.S. Neb. 2007, as
amended, (the “Act”).
B.
In connection with the providing of such financing for the 2010
Project,
a public hearing by the Mayor and Council as required by Section 13-1105(3) of
the Act has been held on this 8th day of February, 2010 at the City Hall, in
O’Neill, Nebraska, pursuant to notice published in the Holt County
Independent on January 21, January 28, and February 4, 2010 and based upon
the information provided at such hearing the determinations set forth in this
subsection 1B are
hereby made:
1.
The real estate on which the 2010 Project is to be
located is within an area which has been previously
determined to be blighted and substandard by the Mayor and Council of the City
of
2.
The 2010 Project as described in the notice and at the
hearing is within the development plan of the City for such
area.
Section 2. The City Clerk is hereby authorized to execute and
deliver any and all certifications as may be deemed necessary in connection
with such financing.
Section 3. This resolution shall be in force and effect upon
its passage and approval as required by law.
PASSED
AND APPROVED THIS 8TH DAY OF FEBRUARY, 2010.
Mayor
Attest:
_________________________________
City
Clerk
Second by Baker to adopt Resolution No. 10-06. Roll
call vote as follows: All Ayes. Motion carried.
Moved by Baker, second
Kramer to open the public hearing for the proposed issuance of development
revenue bonds for Avera St. Anthony’s Hospital. Roll call vote as follows: All Ayes.
Motion carried.
The public hearing is on the proposed
issuance of development revenue bonds by the City in a principal amount not to
exceed $15,000,000 to provide assistance to
There was no public comment made.
Moved by
Council member Gleason introduced and moved
to adopt Resolution No. 10-07, which is on file with the City Clerk.
RESOLUTION NO. 10-07
BE
IT RESOLVED by the Mayor and Council of the City of
Section 1. The Mayor and Council hereby find and determine
that notice of public hearing has been published in the Holt County
Independent on January 21, January 28, and February 4, 2010 and that a
public hearing pursuant to said notice has been conducted by the Mayor and
Council and pursuant to such
public hearing the Mayor and Council hereby approve issuance by the City of its
revenue bonds in accordance with the following information:
(a)
The proceeds of said bonds are to be applied to pay the
costs of additions and improvements to and equipment for
the existing
hospital facilities of Avera St.
Anthony’s Hospital, a
(b)
The maximum aggregate face amount of obligations to be
issued in connection with such 2010 Project is $15,000,000
(with
$14,665,000
the anticipated amount to be issued as of the date of this
resolution).
(c)
The initial and present owner and operator of the Project being
financed is the Hospital.
(d)
All property to be financed by such bonds will be located at
Second and Adams Streets (300 North Second Street),
all within the City of
Section 2. The approval provided for in this resolution is for
purposes
of Section 147(f) of the
Internal Revenue Code of 1986, as amended, and is not intended nor should it be
construed to be any review of or approval by the City of O’Neill, Nebraska, of
the credit of the Borrower nor any type of guaranty or other pecuniary
commitment by the City of O’Neill, in the State of Nebraska, with respect to
repayment of the revenue bonds to be issued by such City.
Section 3. The Mayor and City Clerk (or either one of them)
acting for
and on behalf of the City are
hereby authorized to execute and deliver any further documents deemed by them necessary
or appropriate for or on behalf of the City to reflect the approval of the
issuance of said bonds.
PASSED
AND APPROVED THIS 8TH DAY OF FEBRUARY, 2010.
Mayor
Attest:
_________________________________
City
Clerk
Second by Menish to adopt Resolution No. 10-07. Roll
call vote as follows: All Ayes. Motion carried.
Council President Shelhamer
introduced Ordinance No. 1303, which is on file with the City Clerk.
City
Attorney Strope read Ordinance No. 1303 by title and
number.
ORDINANCE NO. 1303
“AN ORDINANCE OF THE CITY OF O’NEILL,
NEBRASKA, AUTHORIZING THE ISSUANCE AND SALE OF A $14,665,000 PRINCIPAL AMOUNT
HEALTH CARE FACILITIES DEVELOPMENT REVENUE BOND (AVERA ST. ANTHONY’S HOSPITAL
PROJECT), SERIES 2010; APPROVING THE EXECUTION AND DELIVERY OF A FIRST
AMENDMENT TO LOAN AGREEMENT BETWEEN THE CITY AND AVERA ST. ANTHONY’S HOSPITAL,
A NEBRASKA NONPROFIT CORPORATION, AND A FIRST SUPPLEMENTAL INDENTURE BY AND
BETWEEN THE CITY AND THE FREMONT NATIONAL BANK AND TRUST COMPANY, AS TRUSTEE;
MAKING CERTAIN DETERMINATIONS; APPROVING OTHER RELATED AGREEMENTS; PRESCRIBING
THE FORM OF SAID BOND; PROVIDING FOR THE PLEDGING OF REVENUES RELATED TO A
SPECIFIC PROJECT, AS PAYABLE UNDER THE LOAN AGREEMENT AMENDED BY SAID FIRST
AMENDMENT AND PURSUANT TO A TRUST INDENTURE AS SUPPLEMENTED BY SAID FIRST
SUPPLEMENTAL INDENTURE; AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS;
DETERMINING THAT SAID BONDS SHALL NOT CONSTITUTE NOR GIVE RISE TO ANY PECUNIARY
LIABILITY OF THE CITY OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING POWERS;
AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND ITS EFFECTIVENESS.”
Moved by Shelhamer,
second by Menish to introduce Ordinance No. 1303 and
waive the three readings. Roll call vote
as follows: All Ayes. Motion carried.
Moved by Baker, second by
Shelhamer to adopt Ordinance No. 1303.
Roll call vote as follows: All Ayes. Motion carried.
Moved by Gleason, second
by Krysl to add
Terri Krysl and
Scott Menish will work with Larry Wanamaker and Larry
Peters on revising the emergency snow route map.
Council member Tim Schneider entered the
meeting at
Library Board President Sue Baker presented
the Annual Library Report to the Council.
The library staff would like to thank Mayor Price
and Library Board President Sue Baker for their interest in and avid use of the
library, and the city council and the library board for their continued support
of the library and its patrons.
This past year the library board and O’Neill Friends
of the Library began working to refurbish the library’s lower level. Three
original 1914 Carnegie shelves were restored and three smaller shelving units
were built to match; the lower level received new paint and carpeting as well.
This renovation enabled part of the adult collection on the main floor to be
moved downstairs, providing room for growth of the adult collection. In 2009,
56,897 adult materials were circulated, compared to 49,041 in 2008. Junior
materials circulated in 2009 48,507, compared to 48,300 in 2008.
Circulation Statistics
The total circulation for 2009 was 105,404, an
increase of 8,063, from the 97,341 in 2008. The library loaned 352 items to
other libraries in
Patrons used
the library computers 6,124 times last year, compared to 6,255 in 2008. This statistic reflects the usage of the
desktop computers in the computer lab only, not use of laptops to connect to
the library’s Internet connection. After hours users access the wireless
connection from outside the building. The library does not include computer
statistics as a part of the circulation statistic.
Currently there are 2,580 card holders, 73 more than
in 2008.
Collection Statistics
In 2009, 4,076 library
materials (books, periodicals, audio books, and DVDs/Videos) were added to the
collection. This number includes 1,200 paperbacks, a conservative estimate, in
the paperback exchange in the lower
level. The library withdrew 1,293 items, including materials beyond repair or no longer
circulating and back issue periodicals.
Fines, Copies and Nonresident Cards
For the 2008/2009 fiscal year the library collected
$4968.00, a decrease of $90.00 less than the $5058.00 collected in the previous
fiscal year (figures rounded to the nearest dollar).
Summer Reading Program
O’Neill Public Library’s 2009 Get Creative @ your
library summer reading program lasted six weeks, with a weekly story hour
(160 registrations). Children participating in the Developing Eagles summer
program were in attendance as a part of their partnership with the library.
Plans for the 2010 Make a Splash @ your library are underway.
In 2009 the library included an adult summer reading
program with 44 adults participating.
Adult Programs Sponsored by O’Neill Friends of the
Library (does not include author talks)
March – Jerry Barlow, Celtic Guitarist
May - The
July – Greenblatt & Seay Folk Musicians
September - Pippa White
performed Voices from the
Upcoming
On March 18th Jerry Barlow, back by
popular demand, will perform in the Nebraska Room at
The Friends of the O’Neill Public Library will once
again host a Dinner Theater and a Sunday Matinee (April 24 & 25), with the
production of Christmas Belles to be directed by Shari Brosz, and co-directed
by Ray and Karen Scott. Christmas Belles is a sequel to last year’s Dearly
Beloved.
History
The library reported 1,473 audio materials in the
collection in 2001. Currently the library houses 2,502 audio materials, in
addition to participating in Nebraska Overdrive, a consortium of Nebraska
Libraries providing audio books downloadable from the Internet.
Of Interest
The library purchased two new computers (Mary A. Linhart funds) to replace the oldest ones in the computer
lab, and is currently involved in a Gates funded grant (2010-2011) to replace
three other computers.
City Council members, thank you again for your
support of the library. The library staff looks forward to serving our
community 2010!
Moved by
Baker, second by Gleason to approve the Pinkerman
Minor Subdivision request as submitted. Roll call vote as follows: All Ayes.
Motion carried.
Moved by Kramer, second
by
Butch Emme is
requesting the alley behind his business be vacated. The rest of the east/west alley has been
vacated as well as the alley running north/south. City Attorney Strope
will notify abutting property owners and this item will be placed on the March
regular meeting agenda.
Moved by Baker, second by
Shelhamer to approve the Gasrite
contract for unleaded fuel for the second half of the year and to approve a
contract for diesel for March through August. Roll call vote as follows: All Ayes.
Motion carried.
Council member
RESOLUTION NO. 10-08
OF THE
BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF
1.
That
Street Improvement District No. 2009-1 of the City of
O’Neill,
2.
That
said street improvements have been completed and are hereby
accepted by the Mayor and City Council.
3.
That
the Mayor and City Council find and determine that the costs
of constructing said improvements in said
District to be levied by special assessment are $124,891.40.
4.
That
the Mayor and City Council shall hold a special meeting at
the City
Hall, 401 East Fremont Street in O’Neill, Nebraska, on the 5th day of April,
2010, at 7:30 p.m. for the purposes of sitting as a Board of Equalization and
Assessment to equalize and levy special assessments on the lots and parcels of
land abutting on or adjacent to the streets, avenues and alleys improved in
said Districts. Notice of the time of
holdings such meeting and the purpose for which it is held shall be published
in the Holt County Independent, a legal newspaper of general circulation in
said City, for at least four weeks (five publications) before the date of said
hearing. The City Clerk is directed to
cause said notice to be published as provided by statute. The City Clerk is also directed to mail copy
of said notice to all interested parties as required by law.
5.
The
special engineer is directed to prepare and file with the City
Clerk a map
of the property in said District and a tentative schedule of assessments in
said District which shall be open for public inspection, upon request, at the
office of the City Clerk.
PASSED
AND APPROVED this 8th day of February, 2010.
WILLIAM
T. PRICE, MAYOR
ATTEST:
(SEAL)
NIKKI JOHNSTON, CITY CLERK
Second by Baker to adopt
Resolution No. 10-08. Roll call
vote as follows: All Ayes. Motion carried.
Moved by Baker, second by
Council member Schneider introduced
Ordinance No. 1304, which is on file with the City Clerk.
City
Attorney Strope read Ordinance No. 1304 by title and
number.
ORDINANCE
NO. 1304
OF THE
AN ORDINANCE OF THE CITY
OF
Moved
by Schneider, second by Kramer to introduce Ordinance No. 1304 and waive the
three readings. Roll call vote as
follows: Aye; Kramer, Schneider, Krysl, Menish,
Moved by
Council member Baker introduced Ordinance
No. 1305, which is on file with the City Clerk.
City
Attorney Strope read Ordinance No. 1305 by title and
number.
ORDINANCE
NO. 1305
OF THE
AN ORDINANCE OF THE CITY
OF
Moved by Baker, second by Shelhamer to introduce Ordinance No. 1305 for the first
reading. Roll call vote as follows: All Ayes.
Motion carried.
City Attorney Strope
will review a new cemetery perpetual care fund ordinance and report back to the
council at the March meeting.
There was no public comment made on the One and Six Year Street Plan.
The Council discussed if the water project
on
Moved by Kramer, second by Schneider to
approve the REAP CDBG drawdown in the amount of $1,378.
Roll call vote as follows: All Ayes. Motion carried.
Moved
by Gleason, second by Shelhamer to approve the bills. Roll
call vote as follows: All Ayes. Motion carried.
ALL FUNDS
Payroll, salary 84,928.60 Fed & FICA, tax 18,021.82
Alco, su 219.27 American Family, ins 646.76
Appeara, su 831.54 Bomgaars, su 965.81
Coventry Health Care, ins 26,732.18 GasRite, fuel 6,458.53
Kansas City Life, ins 179.98 LaRue,
su 178.08
Metlife, dental ins 1,578.36 Nationwide, pension 4,428.35
NT&T, phone 1,617.64 Pitney Bowes, postage 2,000.00
SourceGas, util 4,273.13 Verizon, phone 788.44
GENERAL FUND
A&J Tire, ser 85.00 Pete Bolln, su 57.57
Contingent Fund, misc 851.54 Cubby’s, fuel 2.61
Farm Plan, ser 13.26
Holt Co. Independent, ad 1,119.02 Island Supply, su 83.65
K&K Welding, re 36.12 KBRX, ad 14.00
Lincoln Nat’l Life, ins 73.40 McCormick Tree
Trimming, ser 412.20
Scott Menish, clean 85.00 Mighty Ducks, su 7,400.00
NE Clerks Institute, school 230.00 NE Dept. of Labor, unempl 736.00
Ogden Hardware, su 24.99 Progressive
Medical, su 23.59
Qwest, phone 41.69 Ranchland Auto, su 9.25
Schindler Electric, ser 1,064.08 Sarah Sidak, clean 175.00
Sports Turf Managers, su 31.95 Torpin’s, su 5.32
Tax Commissioner, tax 4.81 Western Office, su 301.85
POLICE FUND
A&J Tire, ser 1,028.64 Carmen Bowen, ser 15.00
Jackolyn Collier, clean 185.00 Kimberly Fonseca, ser 84.00
GreatAmerica, ser 98.32 Holt Co. Auto, su 26.01
Holt Co. Independent, ad 85.00 Jack’s Uniform, su 898.52
WM Krotter, lease 8,995.69 Jesus Munoz, ser 30.00
NE Law Enforcement, test 10.00 Netcom, ser 325.00
Ogden Hardware, su 19.99 O’Neill Car
O’Neill Vet Clinic, fees 180.00 Prairie Hills Ford, su 13.34
Qwest, phone 52.39 Ranchland Auto, su 77.33
Michelle Ross, ser 46.20 Stadium Sports, su 60.00
Marian Wecker, ser 24.90 Western Office, su 101.94
STREET FUND
Carhart Lumber, su 16.26 Cole Redi-Mix, ser 1,080.00
Cole Sand & Gravel, ser 1,440.00 Contingent Fund, misc 25.22
Cubby’s, fuel 572.56 Elkhorn Valley Implement, re 110.52
Emme Enterprises, ser 2,756.25 Farm Plan, su 277.33
Fedex, freight 31.09 Gilmore & Assoc., fees 15,400.00
Gokie Oil, su 567.53 Holt Co. Auto, su 114.77
Holt Co. Independent, ad 237.48 K&K Welding, re 471.17
Nick Konrad, su 44.80 Gene
Meyers, re 9.95
O’Neill Auto, su 60.91 O’Neill Tire
& Supply, re 59.00
Prouty Construction, ser 2,375.00 Ranchland Auto, su 178.32
Schmitz Electric, re 90.60 Scott Van Keppel, su 315.24
Dale Waterman, re 84.72 Robert Watson, ser 200.00
Fair Mftg., su 1,338.16
SEWER FUND
Applied Industrial, su 52.75 Central Valley Ag, su 424.30
Environmental Fabrics, su 12,740.00 Western
Office, su 28.17
Holt Co. Auto, su 62.18 Holt Co.
Independent, ad 15.94
K&K Welding, re 34.97 Lab Safety, su 20.40
Midwest Lab, su 1,659.40 NE Child
Support, garn 46.16
Ogden Hardware, su 59.37 O’Neill Auto, su 1.62
O’Neill Electric Motor, re 167.50 Prairie Hills Ford, su 121.02
Seven Springs, su 7.50 Sewer
Equipment, su 63.88
Share Corporation, su 1,509.25 USA Blue Book, su 274.14
Tax Commissioner, tax 1,806.88
WATER FUND
Contingent Fund, misc 336.68
Holt Co. Auto, su 89.60 KBRX,
ad 14.00
Lincoln Nat’l Life, ins 20.15 NE
Public Health, tests 591.00
O’Neill Electric Motor, re 230.00 Ranchland Auto, su 20.60
Tax Commissioner, tax 1,451.57 Torpin’s, su 1.96
USA Blue Book, su 261.06 Wahoo
Heritage, lodging 312.95
Western Office, su 28.17 NE
Rural Water, fees 750.00
SOLID WASTE
FUND
Butler Co. Landf, fees 21,608.83 City of
Blain Plumbing, re 126.00 Central Valley Ag, su 775.47
Cole Petroleum, su 735.55 Credit
Management, garn 537.35
Holt County Tire, su 269.95 Holtz Industries, su 843.50
HSBC Business, su 82.94 Irwin’s Engine, su 261.32
K&K Welding, re 2,064.15 Kansas State Bank, lease 12,184.15
KBRX, ad 11.00 Linweld, su 17.23
NE Child Support, garn 46.16
O’Neill Auto, su 271.54 Road Builders
Machinery, su 205.82
Schindler Electric, ser 930.00
AUDITING COMMITTEE:
_________________________________
TIM GLEASON, WARD IV
_________________________________
KEVIN SHELHAMER, WARD IV
Mayor Price announced the One and Six Year Street Plan public hearing will be
Moved by Schneider, second by Kramer 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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