MARCH 8, 2010

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 March, 2010 at 7:30 P.M.

Present: Mayor Bill Price, City Attorney Boyd Strope, City Clerk/Treasurer Nikki Johnston, Council President Kevin Shelhamer and Council members; Susie Kramer, Tim Schneider, Terri Krysl, Scott Menish, Tim Gleason, Vicki Cork and Don Baker. 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.

Mayor Price informed the public of the location of the Open Meetings Act poster.

Moved by Schneider, second by Menish to waive the reading of the minutes of the February 8th and 15th meetings and approve them as if read. Roll call vote as follows: All Ayes. Motion carried.

Bill Podraza from Miller and Associates gave a brief overview of the services and locations available through their engineering firm.

Moved by Baker, second by Gleason to approve a special designated liquor license for The Office for an employee appreciation dinner at the National Guard Armory on March 17, 2010. Roll call vote as follows: All Ayes. Motion carried.

Mayor Price called for all 6th Street Sanitary Sewer Main Replacement bids.

Moved by Kramer, second by Baker to close the sanitary sewer bids. Roll call vote as follows: All Ayes. Motion carried.

City Attorney Strope read the following bids aloud:

Company Bid Bond Total Price Start/Completion

Midlands Contracting Yes Base-$169,060.00 March 22nd/

Alternate - No June 11th

General Excavating Yes Base-$294,536 April 5th/

Alternate-$308,818 August 27th

K2 Construction Yes Base-$204,747.97 April 15th/

Alternate-$345,853.93 August 15th

Rutjens Construction Yes Base-No July 5th/

Alternate-$188,760.40 October 5th

City Engineer Keith Gilmore and Sewer Commissioner Curt Kizzire took the bids for review.

City Attorney Strope read the second reading of Ordinance No. 1305 by title and number.

ORDINANCE NO. 1305

OF THE

CITY OF O'NEILL, NEBRASKA

AN ORDINANCE OF THE CITY OF O'NEILL, NEBRASKA, AMENDING THE DEFINITION OF AN ABANDONED MOTOR VEHICLE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.

Moved by Schneider, second by Baker to approve the bidding process for asphalt overlay on Hynes Ave. from Sunset Ave. to Seventh Street. Roll call vote as follows: Aye; Kramer, Schneider, Krysl, Cork, Baker, Gleason and Shelhamer. Nay: Menish. Motion carried.

Moved by Krysl, second by Menish to approve the bidding process for asphalt overlay on Hancock Street from Fifth Street to Sixth Street and from Blaine Street to Tenth Street. Roll call vote as follows: Aye; Kramer, Krysl, Menish, Cork and Shelhamer. Nay: Schneider, Baker and Gleason. Motion carried.

Moved by Baker, second by Gleason to accept the apparent low bidder Midlands Contracting for the sanitary sewer project. Roll call vote as follows: All Ayes. Motion carried.

There was no action taken on the Benton Street Utility Ordinance.

After further review, City Attorney Strope stated that a new cemetery perpetual care fund ordinance was not necessary as our current codes detailed out how these funds are generated and expended.

Moved by Cork, second by Kramer to approve partnering with Holt County and its communities in a Housing Study with our cost share to be $2,423. Roll call vote as follows: All Ayes. Motion carried.

Mayor Price read a letter into public record from Fred Krotter with Wm. Krotter Co. in regards to a request to vacate the alley in Block 39, Riggs Addition from Arthur Emme.

To: City of O’Neill

Re: Proposed closing of alley in Block 39, Riggs Addition, City of O’Neill requested by Butch Emme.

As an adjoining landowner, we appeal to the city of O’Neill that the alley remains open, maintained, and unobstructed.

At the time ordinances #656 and #678 for alley vacating were passed in 1984, we had requested that the north-south alley running between lots 17 to 21 and lots 22 to 26 be moved. As part of a flood control project, the City of O’Neill had asked for a 20’ wide permanent easement for a drainage culvert to run the entire block north to south across our property. The location of that 20’ wide easement runs parallel to what was an existing north-south alley on the south portion of the block and only 50 feet west of that alley. We were being asked to box in a 50’ strip of ground flanked by two twenty foot wide “alleys” which couldn’t be built on. So, we asked that the north-south “alley” be moved west to the location of the easement. Granting that easement without asking for the north-south alley to be moved would have greatly limited use and access.

Apparently, it must be simpler and less expensive for the city to vacate an alley than to move one, because after our request to move the alley, the city proposed vacating all the alleys in the block. We agreed then to that proposal in exchange for the permanent easement needed to proceed with the drainage culvert project. We certainly didn’t have a problem with the north-south alley being vacated as we were the only adjoining property owner and owned all of the lots to either side of that alley. We also didn’t have

a problem with the east-west alley being vacated since we owned property adjoining streets on all sides of the block so access to the streets on all sides was not an issue.

However, the proposal by the city to vacate the east-west alley was met with opposition from Butch Emme who was the only other adjoining property owner in the block. Butch objected and protested vacating the alley adjoining his property because that would have reduced and limited access to and from his property to Harrison Street to the west.

In June 1984, the City of O’Neill passed ordinance #656 to close the north-south alley so the easement could be obtained and construction for the drainage project could proceed. The city also considered Butch’s objection to vacating the east-west alley and passed ordinance #678 which vacated only the east 240’ of the east-west alley (with permanent easement for utilities) and leaving open the west 120’ which gave Butch access for his customers, his suppliers, his employees, and himself.

Since that time, we sold the west 100’ of lots 22 thru 26 to Butch. We did not find it necessary to retain a strip of land for access to Harrison Street from our property, nor did we find it necessary to retain an easement for access, since the alley had never been vacated. We rely on the open public alley for access to and from our property to Harrison Street. In addition, we maintain and provide open access for anyone wishing to cross east to west across our property and can certainly line up that access with the existing alley if Butch moves his pile of scrap iron which is actually piled partially at the east end of the open alley.

We have no problem with the access being across Butch’s land, but as adjoining landowner to the alley, we object to its closure and ask for the same consideration that was given to Butch when he voiced his objection for vacating it back in 1984 when the city passed the ordinance that left the alley open. Now that the table has turned, we ask that the alley or an access remains open, maintained and unobstructed for use by our customers, our suppliers, our owners and our employees.

Sincerely,

-ss-

Fred Krotter, President

Wm. Krotter Co.

305 W Douglas St

O’Neill, NE 68763

(402) 336-1733

Arthur Emme requested the council just refer back to his original request for the alley to be vacated.

No action was taken due to the item not being placed on the agenda. The item will be placed on a special meeting agenda on March 22, 2010.

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

ALL FUNDS

Payroll, salary 84,033.66 Fed & FICA, tax 18,153.23

American Family, ins 323.38 Appeara, su 743.43

Benefit Plans, fees 620.00 Bomgaars, su 702.58

Coventry Health Care, ins 26,732.18 Contingent Fund, misc 1,317.20

Cubby’s, fuel 2,059.23 GasRite, fuel 4,581.91

Kansas City Life, ins 179.98 Metlife, dental ins 1,578.36

Nationwide, pension 4,456.89 NE Dept of Revenue, tax 2,298.77

NPPD, util 14,148.74 NT&T, phone 1,603.31

Pitney Bowes, postage 849.00 SourceGas, util 3,934.39

Strope & Gotschall, fees 2,049.00 Verizon, phone 466.87

Heartland Communications, su 2,375.00

GENERAL FUND

Alco, su 39.39 Bartak Glass, re 205.00

Ed M Feld, su 18,480.00 Farm Plan, su 50.23

Fort Dearborn, ins 82.56 Gexpro, su 1,003.52

Grones Outdoor Power, su 107.75 Hampton Inn, lodging 139.90

Holt Co. Auto, su 27.93 Holz Lumber, su 18.45

Island Supply, su 142.83 Krier Technologies, su 357.00

Lab Safety, su 301.04 Lincoln Nat’l, ins 73.40

McIntosh Jewelry, su 71.00 Scott Menish, clean 85.00

NE Irrigation, su 119.59 Netcom, su 343.00

Ogden hardware, su 29.99 O’Neill Tire & Supply, re 10.00

Power Pages, ser 107.50 Prairie Hills Ford, re 264.88

Public Safety Center, su 116.33 Qwest, phone 41.69

R&D Mftg., rebate 509.65 Ranchland Auto, su 2.89

Sarah Sidak, clean 175.00 Team Laboratory, su 2,108.57

Technology First, ser 81.00 Torpin’s Rodeo Market, su 17.34

Univ. of NE, school 50.00 Western Office, su 82.71

POLICE FUND

Automotive & Welding, re 262.07 Avera St. Anthony’s, tests 45.00

Jackolyn Collier, clean 148.00 Great American Leasing, pmt 98.32

NE Law Enforcement, school 260.00 NE Public Health, tests 84.00

O’Neill Vet Clinic, fees 60.00 Qwest, phone 52.39

Ranchland Auto, su 16.50

STREET FUND

Asphalt & Concrete, su 661.10 Carhart Lumber, su 13.58

Gilmore & Associates, fees 2,904.32 Great Western, su 60.00

LaRue Distributing, su 26.50 Midwest Service, su 64.40

Omaha Truck Center, su 24.82 Prairie Hills, pmt 25,010.00

Ranchland Auto, su 5.25 Scott Van Keppel, su 161.45

Univ. of NE, school 150.00

SEWER FUND

Alco, su 144.98 Central Valley Ag, su 295.35

Control Microsystems, su 191.00 Gilmore & Associates, fees 24,500.00

Hach Co., su 697.48 Hutcheson Engineering, su 1,776.76

IES Industrial, ser 590.63 K&K Welding, su 167.74

Lab Safety, su 353.69 NE Child Support, garn 46.16

Ogden Hardware, su 39.64 O’Neill Auto, su 40.08

O’Neill Electric, su 264.75 Seven Springs, su 30.00

Tax Commissioner, tax 1,807.78

WATER FUND

Alco, su 19.99 Central Valley Ag, su 415.28

Control Microsystems, su 191.00 Dakota Supply, su 1,928.58

Gilmore & Associates, fees 4,438.50 Interstate Industrial, ser 181.19

Kelly Supply, su 14.08 Lincoln Nat’l, ins 20.15

Municipal Automation, su 2,067.30 Municipal Supply, su 44.80

NE DHHS, fee 94.00 NE Public Health, school 80.00

NE Public Health, tests 647.00 NE Rural Water, school 150.00

New Victorian Inn, lodging 89.58 Niobrara Valley, util 192.11

Avera O’Neill Family, ser 60.00 Prairie Hills Ford, re 217.19

Tax Commissioner, tax 1,386.13 USA Blue Book, su 782.01

SOLID WASTE FUND

Butler Co. Landf, fees 21,702.64 City of O’Neill, pmt 18,500.00

Cole Petroleum, su 114.45 Credit Management, garn 525.54

Emedco, su 130.51 Farm Plan, su 12.42

Fisher’s Plumbing, re 84.58 Gokie Oil, su 47.38

Holt Co. Tire, su 473.65 Kansas State Bank, su 13,684.59

Linweld, su 16.24 NE Child Support, garn 46.16

Niobrara Valley, util 1,236.98 O’Neill Auto, su 58.44

AUDITING COMMITTEE:

_________________________________

TIM GLEASON, WARD IV

_________________________________

KEVIN SHELHAMER, WARD IV

Moved by Schneider, second by Gleason to adjourn. Roll call vote as follows: All Ayes. Motion carried.

The meeting adjourned at 8:17 P.M.

WILLIAM T. PRICE, MAYOR

ATTEST:

(SEAL)

____________________________________________________________

NIKKI JOHNSTON, CITY CLERK/TREASURER

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