A
regular meeting of the Mayor and the City Council of O'Neill was held at the
City Hall in said City on the 5th day of April, 2010 at
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 Kramer to
waive the reading of the minutes of the March 15th meeting and approve them as
if read. Roll call vote as follows: All Ayes.
Motion carried.
Moved by
Holt County Economic Development
Director Nicole Sedlacek reported that the City has
received a request for re-use loan dollars for a business located at 229 W.
The Re-use Application Committee met
and approved this application for $14,272 for a period of five years.
No public comment was made.
Moved by Gleason, second
by
Moved by Krysl, second by Gleason to approve application 10-ED-01
for $14,272 for a period of five years at an interest rate half percent of
prime on the closing date. Roll
call vote as follows: All Ayes. Motion carried.
Moved by Gleason, second by Kramer to open the Garden Fresh
Vegetables LLC Redevelopment Contract public hearing. Roll
call vote as follows: All Ayes. Motion carried.
Marv Fritz
explained the expansion project for the facility which will allow for
continuous production. Jobs will be
added due to this expansion.
City Clerk Johnston reported that the
Planning Commission and Redevelopment Authority have met and approved the
Redevelopment Contract to allow for Tax Increment Financing for the project.
No public comment was made.
Moved by Schneider, second by
Council
member Baker introduced and moved to adopt Resolution No. 10-13, which is on
file with the City Clerk.
RESOLUTION NO. 10-13
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF
O’NEILL,
WHEREAS, the City of O’Neill,
Nebraska, a municipal corporation and city of the second class (the “City”),
has determined it to be desirable to undertake and carry out urban
redevelopment projects in certain areas of the City that are determined to be
blighted and substandard and in need of redevelopment; and
WHEREAS, the
Community Development Law, Chapter 18, Article 21, Reissue Revised Statutes of
Nebraska, as amended (the “Act”), prescribes the requirements and procedures
for the planning and implementation of redevelopment projects; and
WHEREAS, the City
has previously declared the area legally described in Attachment 1 attached
hereto (the “Redevelopment Project Area”) to be blighted and substandard and in
need of redevelopment pursuant to the Act; and
WHEREAS, the
Community Redevelopment Authority of the City of O’Neill,
Nebraska (the “Authority”) has prepared or caused to be prepared a
Redevelopment Plan, including a Redevelopment Contract (collectively, the
“Redevelopment Plan”), in the form attached hereto as Attachment 2, for the redevelopment
of the Redevelopment Project Area; and
WHEREAS, the
Authority and the Planning Commission of the City (the “Planning Commission”)
have both reviewed the Redevelopment Plan and recommended its approval by the
Mayor and Council of the City; and
WHEREAS, the City
published and mailed notices of a public hearing regarding the consideration of
the approval of the Redevelopment Plan pursuant to Section 18-2115 of the Act,
and has on the date of this Resolution held a public hearing on the proposal to
approve the Redevelopment Plan; and
WHEREAS, the City
has reviewed the Redevelopment Plan and determined that the proposed land uses
and building requirements described therein are designed with the general
purpose of accomplishing a coordinated, adjusted, and harmonious development of
the City and its environs which will, in
accordance with
present and future needs, promote health, safety, morals, order, convenience,
prosperity and the general welfare, as well as efficiency in economy in the
process of development; including, among other things, adequate provision for
traffic, vehicular parking, the promotion of safety from fire, panic, and other
dangers, adequate provisions for light and air, the promotion of the healthful and
convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks,
recreational and community facilities, and other public requirements, the
promotion of sound design and arrangement, the wise and efficient expenditure
of public funds, and the prevention of the recurrence of unsanitary or unsafe
dwelling accommodations, or conditions of blight.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR
AND COUNCIL OF THE CITY OF O’NEILL,
Section 1. The Redevelopment Plan is hereby determined
to be feasible and in conformity with the general plan for the development of
the City as a whole, and the Redevelopment Plan is in conformity with the
legislative declarations and determinations set forth in the Act; and it is
hereby found and determined, based on the analysis conducted by the Authority,
that (a) the redevelopment project described in the Redevelopment Plan would
not be economically feasible without the Project Area without the use of
tax-increment financing, and (c) the costs and benefits of the redevelopment
project, including costs and benefits to other affected political subdivisions,
the economy of the City, and the demand for public and private services have
been analyzed by the City and have been found to be in the long-term best
interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of
intent to enter into the redevelopment contract included within the
Redevelopment Plan in accordance with Section 18-2119 of the Act, and the
recommendations of the Authority and the Planning Commission with respect to
the Redevelopment Plan.
Section 2. The Redevelopment Plan is hereby approved in
substantially the form attached hereto, with such immaterial changes,
additions, or deletions thereto as may be determined to be necessary by the
Mayor in his sole and absolute discretion.
The Mayor and Clerk are hereby authorized to execute the redevelopment
contract contained within the Redevelopment Plan for and on behalf of the
Authority.
Section 3. In
accordance with Section 18-2147 of the Act, the City hereby provides that any
ad valorem tax on real property in the Project Area
for the benefit of any public body be divided as follows for a period of 15 years after the effective
date of this provision as provided in Section 18-2147 of the Act, which
effective date shall be January 1, 2011:
(a) That proportion of the ad valorem
tax which is produced by levy at the rate fixed each year by or for each public
body upon the Redevelopment Project Valuation (as defined in the Act) shall be
paid into the funds of each such public body in the same proportion as all
other taxes collected by or for the bodies; and
(b) That proportion of the ad valorem
tax on real property in the Project Area in excess of such amount (the
Redevelopment Project Valuation), if any, shall be allocated to, is pledged to,
and, when collected, paid into a special fund of the Authority to pay the
principal of, the interest on, and any premiums due in connection with the
bonds, loans, notes or advances of money to, or indebtedness incurred by,
whether funded, refunded, assumed, or otherwise, such Authority for financing or
refinancing, in whole or in part, the Project. When such bonds, loans,
notes, advances of money, or indebtedness, including interest and premium due
have been paid, the Authority shall so notify the
the Project Area shall be paid
into the funds of the respective public bodies.
Section
4. The Mayor and Clerk are hereby authorized and
directed to execute such documents and take such further actions as are
necessary to carry out the purposes and intent of this Resolution and the
Redevelopment Plan.
PASSED AND APPROVED this 5th day of April,
2010.
ATTEST:
(SEAL)
By: ___________________________________
By:
___________________________________ Mayor
Clerk
Second by Gleason to adopt Resolution No. 10-13. Roll
call vote as follows: All Ayes. Motion carried.
Moved by Schneider, second by Kramer to open the
City Attorney Boyd Strope
reported that this hearing was for the gap paving project on
City Engineer Rick Bogus reviewed the
assessment schedule based on front footage and the cost of the paving.
The council answered general questions from
property owners.
Moved by Krysl, second by
Council
member Schneider introduced and moved to adopt Resolution No. 10-14, which is
on file with the City Clerk.
RESOLUTION
NO.
10-14
OF THE
RESOLUTION LEVYING
SPECIAL ASSESSMENTS IN STREET IMPROVEMENT DISTRICT NO. 2009-1 OF
O'NEILL,
BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF O'NEILL,
Sec. 1. Published notice of a hearing regarding the
levy of special assessment has been published as required by law and notice has
been mailed
to all
owners of property within street improvement District No. 2009-1 concerning the
levy of special assessments in said District in the City of O'Neill, Nebraska,
and
Sec. 2. A hearing has been conducted as provided by
law relative to the levy of special assessments in said District proposed to be
levied against the lots and parcels of land on account of the construction of
the improvements hereinbefore described; and
Sec. 3. The special assessments are adjusted and
levied on the real estate in the City of
Sec. 4. The said assessments against said lots, parts
of lots and parcels of land are hereby declared to be in proportion to the
special benefits conferred upon said property by said improvements and not in
excess of such benefits or of the cost of the improvements; and
Sec. 5. All special assessments above provided for
shall become due in fifty (50) days after the date of the passage of this
Resolution and may be paid within that time without interest, but if not so
paid, to bear interest thereafter at the rate of 5.25% per annum from the date
of the passage of this Resolution until delinquent; such special assessments
shall become delinquent as follows:
one-tenth within 50 days of the passage of this resolution, one-tenth in
one year, one-tenth in two years, one-tenth in three years, one-tenth in four
years, one-tenth in five years, one-tenth in six years, one-tenth in seven
years, one-tenth in eight years, and one-tenth in nine years. Delinquent special assessments shall bear
interest at the rate provided by law until paid and shall be collected in the
usual manner for the collection of taxes.
Installments may be prepaid at any time at the option of the property
owner as provided by law.
Sec. 6. A certified copy of this Resolution and the
said schedule of special assessments shall be filed in the office of the Clerk
of Holt County, Nebraska, and in the office of the Treasurer of Holt County,
Nebraska, for recording, all as provided by law.
PASSED
AND APPROVED this 5th day of April, 2010.
WILLIAM
T. PRICE, MAYOR
ATTEST:
(SEAL)
NIKKI JOHNSTON, CITY CLERK/TREASURER
Second by
Elaine Clemens read a request to vacate the
east west alley on Block 39 of Riggs Addition.
A copy of this request is attached to the minutes at the city office.
Fred Krotter
stated that he had no problem with the alley being vacated as long as a
permanent easement was given and an access was allowed to be cut in.
Moved by Kramer, second
by Gleason to rescind the motion made at the March 15th meeting to open the
east-west 240 foot alley on Block 39.
Roll call vote as follows: All Ayes. Motion carried.
Councilmember Gleason introduced Ordinance
No. 1306, which is on file with the City Clerk.
City
Attorney Strope read Ordinance No. 1306 by title and
number.
ORDINANCE
NO. 1306
OF THE
AN ORDINANCE OF THE CITY
OF
Moved by Gleason, second by Kramer to
introduce Ordinance No. 1306 and waive the three readings. Roll call vote as follows: All Ayes.
Motion carried.
Moved by Gleason, second
by Menish to adopt Ordinance No. 1306.
Roll call vote as follows: All Ayes. Motion carried.
Moved by Gleason, second
by Shelhamer to allow WM Krotter
to remove a twenty foot portion of the curb on the north side of
No action was taken on the
City
Attorney Strope read the final reading of Ordinance
No. 1305 by title and number.
ORDINANCE
NO. 1305
OF THE
AN ORDINANCE OF THE CITY
OF
Moved by
Moved by Schneider,
second by Baker to approve the request for program extension for the REAP CDBG
09-ED-003 grant cycle. Roll call vote as follows: All Ayes.
Motion carried.
Council member Baker introduced and moved
to adopt Resolution No. 10-15, which is on file with the City Clerk.
RESOLUTION NO. 10-15
OF THE
BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF O’NEILL,
Sec. 1. The boundaries, plans, specifications and
estimates of costs as prepared by the City Engineers, Gilmore and Associates
and filed with the City Clerk for the improvements to the following projects
listed below consisting of concrete paving and asphalt overlay and other
necessary appurtenants are hereby approved.
Concrete Paving
Asphalt Overlay
Sec. 2. The Clerk is hereby authorized to advertise
for bids for determined paving and asphalt installation.
PASSED AND APPROVED this 5th day of April,
2010.
WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
NIKKI
JOHNSTON, CITY CLERK/TREASURER
Second by Shelhamer to adopt Resolution No. 10-15. Roll
call vote as follows: All Ayes. Motion carried.
Moved by Schneider,
second by Krysl to approve down payment assistance
application O’NEILL-01 in the amount of $14,500.
Roll call vote as follows: All Ayes. Motion carried.
Moved by Gleason, second
by Krysl to approve a special designated liquor
license to Irish Spirits for a liquor tasting event on April 29th from
NPPD
representative Jack Steiner reported on the pipeline project. There will be open houses on April 12th and
14th to discuss the preferred and alternate routes for the project.
Moved by
Ethel
Hershiser would like the council to consider hooking
the water line for 121
The
Water Commissioner will look into this for a future project.
Moved by Baker, second by
ALL FUNDS
Payroll, salary 84,302.57 Fed & FICA, tax 18,125.71
American Family, ins 323.38 Appeara,
su 883.21
Bomgaars, su 1,466.02 Coventry Health Care, ins 25,198.44
Contingent Fund, misc 897.94 Curtis 1000, su 310.90
GasRite, fuel 3,926.96 Holt Co. Ind, se 1,144.20
Kansas City Life, ins 162.73 Metlife,
dental ins 1,454.45
Nationwide, pension 4,326.12
NPPD, util 13,847.81 NT&T, phone 1,610.32
O’Neill Auto, su 860.19 Pitney Bowes,
postage 1,000.00
SourceGas, util 2,760.87 Verizon, phone 458.56
GENERAL FUND
A&J Tire, rep 932.28 Anson Ins, ins 321.75
Pete Bolln Dist, su 10.28 Carhart Lumber, su 22.08
Cubby’s, fuel 25.91 Dollar General, su 3.50
G. Neil, su 57.99 Island Supply, su 117.92
K & K Welding, su 115.44 KBRX, adv 40.50
Lincoln Nat’l, ins 73.40 Memphis Net Twine
Co, su 81.35
Scott Menish, clean 85.00 Mid-America Sports
Advantage, su 253.25
Northeast Nebr Fire, ser 83.50 O’Neill
Lumber, su 14.62
O’Neill Tire & Supply, su 130.16 Quality
Inn, ser 182.85
Qwest, phone 41.69 Radio Shack, su 10.99
Sarah Sidak, clean 175.00 Strope & Gotschall, fee 1,191.00
Sundown Electric, ser 3,311.94 Team Laboratory, su 111.03
Western Office, su 131.35
POLICE FUND
Alco, su 11.00 Automotive & Welding, re 62.52
Avera St. Anthony’s, tests 180.00 Jackolyn Collier,
clean 148.00
Great American Leasing, pmt 98.32 Jack’s Uniforms, su 29.94
Jesus Munoz, ser 45.00 NE Public Health, tests 252.00
Netcom, ser 38.50 Northeast Nebr
Fire, ser 36.00
O’Neill Car
O’Neill Vet Clinic, fees 300.00 Qwest, phone 52.39
Ranchland Auto, su 88.39 Beatriz
Rodriguez, ser 15.00
Strope & Gotschall, fee 33.00
STREET FUND
Asphalt & Concrete, su 1,425.60 Carhart Lumber, su 70.86
Carroll Dist, re 173.69 Cubby’s, fuel 99.84
Display Sales, su 833.00 Dollar General, su 1.00
Gilmore & Associates, fees 6,440.00 Holt County Auto, su 64.90
Holt Co. Tire, su 48.00 K & K
Welding, su 27.20
KBRX, adv 10.00 Nebr Dept of Roads,
contract 10,209.95
Netcom, ser 173.50 Northeast Nebr
Fire, ser 127.00
Ogden Hardware, su 18.47 O’Neill Lumber, su 345.42
Ranchland Auto, su 87.48 Reiser Ins, ins 247.00
Strope & Gotschall, fee 392.50 Taylor Made Printing, su 89.00
Western Office, su 2.58
SEWER FUND
Alco, su 55.89 Applied Industrial Tech, su 293.28
Carhart Lumber, su 40.09 Central Valley Ag, su 1,046.55
Env. Resource Assoc, fee 232.65 Gilmore & Associates, fees 2,334.61
Grafted Tree, su 45.00 Great Plains
One-Call, ser 6.86
Hach Co., su 53.39 Hutcheson Engineering, su 936.68
IES Industrial, ser 1,855.00 K&K Welding, su 295.11
KBRX, adv 5.00 Kracl Irrigation, su 34.05
Wm. Krotter Co, pickup 24,797.00 Midwest Labs, ser 27.80
Municipal Serv & Supply, su 174.04 NE Child Support, garn 46.16
Northeast Nebr Fire, ser 264.00 Ogden
Hardware, su 16.96
O’Neill Electric, su 49.02 Pamida,
su 74.97
Postmaster, fee 92.50 Radio Shack, su 10.00
Ranchland Auto, su 7.73 Reiser Ins, ins 248.00
Seven Springs, su 52.50 Tax
Commissioner, tax 1,718.28
United States Plastic, su 98.95 USA
Blue Book, su 1,438.60
WATER FUND
Control Microsystems, su 793.43 Doty’s
Plumbing, su 52.94
Endress+Hauser, su 961.65 Gilmore &
Associates, fees 3,395.44
Great Plains One-Call, ser 6.86 Hawkins, su 750.50
K & K Welding, ser 32.65 KBRX, adv 5.00
Wm.
Krotter Co., su 21.16 Lincoln Nat’l, ins 20.15
Municipal Supply, su 1,162.22 NE
Public Health, tests 208.00
O’Neill Electric, su 15.60 Postmaster,
fee 92.50
Prairie Hills Ford, re 827.50 Ranchland Auto, su 89.04
Sleep
Inn & Suites, ser 159.98 Tax Commissioner, tax 1,395.29
Viatran,
ser 137.24
SOLID WASTE
FUND
Automotive & Welding, re 158.80 Butler Co. Landf,
fees 18,105.84
Central Valley Ag, su 717.92 City of
Cole Petroleum, su 179.60 Credit
Management, garn 555.51
Holt Co. Tire, su 575.33 Linweld, su 17.23
NE Child Support, garn 46.16
DEBT SERVICE FUND
Fremont Natl Bank, int 17,926.25
AUDITING COMMITTEE:
_________________________________
DON BAKER, WARD I
_________________________________
VICKI
Nicole Sedlacek
distributed updated FACT booklets for the City of
Moved by Schneider, second
by Gleason 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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