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 November, 2021 at 6:30 P.M.

Present: Mayor Scott Menish, City Attorney Boyd Strope, City Clerk/Treasurer Sarah Sidak, Council President Don Baker and Council members; Susie Kramer, Kayla Burdick, Terri Krysl, Quana Kelly, Tim Gleason and Beth Walsh.  Absent: 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 Menish. The Pledge of Allegiance was recited. Mayor Menish informed the public of the location of the Open Meetings Act poster.

Moved by Baker, second by Kelly to waive the reading of the minutes of the October 4th meeting and approve them as if read. Roll call vote as follows: All Ayes. Motion carried.

Moved by Walsh, second by Burdick to open the public hearing in consideration of a conditional use request for O’Neill Public School at 331 S. 1st Street for a child development site. Roll call vote as follows: All Ayes. Motion carried.

City Clerk Sidak reported that the Planning Commission met and approved the conditional use permit as submitted.

There was no public comment made.

Moved by Walsh, second by Gleason to close the public hearing. Roll call vote as follows: All Ayes. Motion carried.

Moved by Kelly, second by Walsh to approve a conditional use permit for O’Neill Public School at 331 S. 1st Street for a child development site. Roll call vote as follows: All Ayes. Motion carried.

Moved by Kramer, second by Krysl to open the public hearing in consideration of a conditional use request for Jerod Waterman at 49322 872nd RD for an impound yard for towing. Roll call vote as follows: All Ayes. Motion carried.

City Clerk Sidak reported that the Planning Commission met and approved the conditional use permit for an impound lot in the northeast corner of the property with an eight foot fence and one foot of wire on top around the impound lot only.

There was no public comment made.

Moved by Baker, second by Gleason to close the public hearing. Roll call vote as follows: All Ayes. Motion carried.

Moved by Kramer, second by Krysl to approve a conditional use permit for Jerod Waterman at 49322 872nd RD for an 115’x75’ impound yard for towing with the lot located in the northeast corner of the property with the condition of an eight foot fence and one foot of wire on top around the impound lot only. Roll call vote as follows: All Ayes. Motion carried.

No action was taken on the ordinance establishing the use of a consent agenda for the City Council meetings.

Council President Baker introduced Ordinance No. 1404, which is on file with the City Clerk.

City attorney Strope read the first reading of Ordinance No. 1404 by title and number.

__________

 

ORDINANCE NO. 1404

OF THE

CITY OF O’NEILL, 

NEBRASKA

AN ORDINANCE OF THE CITY OF O’NEILL, NEBRASKA, AMENDING MUNICIPAL CODE SECTION 6-103: WATER SERVICE; PERMIT; DEPOSIT; DELINQUENCY, SECTION 6-110; WATER RATES, SECTION 6-205: CUSTOMER DEPOSITS, SECTION 6-206: SEWER RATES, SECTION 6-409: CUSTOMER DEPOSITS; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.

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

Sec. 1.  Section 6-103 of the O’Neill Municipal Code be amended to read 

“SECTION 6-103: WATER SERVICE; PERMIT; DEPOSIT; DELINQUENCY

•Every person or persons desiring a supply of water must make application to the water commissioner on a form provided by him and filed at the city office. The application shall state for what purpose the water shall be used, and the permit issued by the water commissioner shall restrict such use to that use which has been applied for. The commissioner shall not issue a permit for water use if the use of such water would violate any other provisions of the municipal ordinances or rules and regulations of the Nebraska Department of Environmental Quality. Water may not be supplied to any house or private service pipe except upon the order of the commissioner. 

• All new customers, except customers served by the City within the past 12 months and who established satisfactory payment records for the previous service, shall be required to make a deposit with the City as follows: 

Combined Deposit

Water Meter Size - 2021 - 2022 - 2023 - 2024 - 2025

1.0” or less - $170.00 - $210.00 - $220.00 - $230.00 - $240.00

1.5” - $340.00 - $420.00 - $440.00 - $460.00 - $480.00  

2.0” - $680.00 - $840.00 - $880.00 - $920.00 - $960.00

3.0” - $1,370.00 - $1,680.00 - $1,760.00 - $1,840.00 - $1,920.00

4.0” - $2,740.00 - $3,360.00 - $3,520.00 - $3,680.00 - $3,840.00

Deposit amount is one amount for water, sewer and/or garbage or any combination of the three.

• Each deposit shall be refunded when the customer has established a satisfactory payment record for a period of 12 consecutive months and has not been served with more than two disconnect notices during such period of time. When supported by facts, the mayor may determine the deposit shall be held for a longer period to assure a satisfactory payment record. 

• The City may offset any customer’s deposit at any time during which the customer’s account is delinquent. Such deposit may also be used to offset any payment due on any other account of the customer, payment for damages due from the customer, or payment of a judgment obtained by the City for any reason, either against the property owner or customer, if a different person. 

• The City may use any means available to it by law for collection of a customer’s delinquent account in addition to use of his or her deposit. 

(Neb. Rev. Stat. §17-537) (Am. by Ord. Nos. 843, 8/6/91; 850, 10/1/91; 917, 9/7/93; 924, 2/1/94; 1041, 1/7/97; 1312, 12/6/10) 

Sec. 2.  Section 6-110 of the O’Neill Municipal Code be amended to read as follows:

“SECTION 6-110: WATER RATES

• All water customers shall be liable for the basic service rate and value charge provided by ordinance unless and until the consumer shall, by written order, direct the Water Commissioner to shut off the water at the curb valve box, in which case he/she shall not be liable thereafter for water rates until the water is turned on again.  The water service rates as adopted by ordinance of the Governing Body are as follows:

Basic Service Rate

Water Meter Size - 2021 - 2022 - 2023 - 2024 - 2025   

1.0” or less - $22.00 - $23.00 - $24.00 - $25.00 - $26.00

1.5” - $44.00 - $46.00 - $48.00 - $50.00 - $52.00

2.0” - $88.00 - $92.00 - $96.00 - $100.00 - $104.00

3.0” - $176.00 - $184.00 - $192.00 - $200.00 - $208.00

4.0” - $352.00 - $368.00 - $384.00 - $400.00 - $416.00 

ADDITIONAL WATER USAGE PER 1,000 GALLONS                                                                                                                                          $1.80 - $2.00 - $2.10 - $2.20 - $2.30

B. Fees for required services are as follows:

2021 - 2022 - 2023 - 2024 - 2025   

Backflow Test - $50.00 - $53.00 - $55.00 - $58.00 - $61.00

Backflow Cleaning (doesn’t include price of parts) - $50.00 - $53.00 - $55.00 - $58.00 - $61.00

Tapping Fee (0.75”/1.0”) - $100.00 - $105.00 - $111.00 - $117.00 - $123.00

Tapping Fee (1.5”/2.0”) - $150.00 - $158.00 - $166.00 - $175.00 - $184.00

Curb Valve and Box replacement parts - $800.00 - $842.00 - $886.00 - $933.00 - $982.00

Water/Sewer Inspection - $40.00   - $42.00 - $44.00 - $47.00 - $49.00

Septage/ 500 gallons - $8.00 - $8.50 - $8.90 - $9.00 - $10.00

Late Fee 8 am - 5 pm  - $50.00 - $53.00 - $55.00 - $58.00 - $61.00

Late Fee after 5:00 P.M. Weekends or Holidays) - $100.00 - $105.00  - $111.00 - $117.00 - $123.00

Water Sampling - $100.00 - $105.00 - $111.00 - $117.00 - $123.00

Sec. 3. Section 6-205 of the O’Neill Municipal Code be amended to read as follows:

“SECTION 6-205: CUSTOMER DEPOSITS

• All new customers (except customers served by the City within the past 12 months and who established satisfactory payment records for the previous service) shall be required to make a deposit with the City as follows:

Combined Deposit

Water Meter Size - 2021 - 2022 - 2023 - 2024 - 2025

1.0” or less - $170.00 - $210.00 - $220.00 - $230.00 - $240.00

1.5” - $340.00 - $420.00 - $440.00 - $460.00 - $480.00  

2.0” - $680.00 - $840.00 - $880.00 - $920.00 - $960.00

3.0” - $1,370.00 - $1,680.00 - $1,760.00 - $1,840.00 - $1,920.00

4.0” - $2,740.00 - $3,360.00 - $3,520.00 - $3,680.00 - $3,840.00

This deposit amount is one amount for water, sewer and/or garbage or any combination of the three.

(B) Each deposit shall be refunded when the customer has established a satisfactory payment record for a period of twelve (12) consecutive months and has not been served with more than two disconnect notices during such period of time. When supported by facts the Mayor may determine the deposit shall be held for a longer period to assure a satisfactory payment record.

(C) The City may offset any customer’s deposit at any time during which the customer’s account is delinquent. Such deposit may also be used to offset any payment due on any other account of the customer, payment for damages due from the customer, or payment of a judgment obtained by the City of O’Neill for any reason either against the property owner or customer, if a different person.

(D) The City may use any means available to it by law for collection of a customer’s delinquent account in addition to use of their deposit.”

Sec. 4.  Section 6-206 of the O’Neill Municipal Code be amended to read as follows:

“SECTION 6-206: SEWER RATES

• All new customers (except customers served by the City within the past 12 months and who established satisfactory payment records for the previous service) shall be required to make a deposit with the City as follows:

Basic Service Rate

Water Meter Size - 2021 - 2022 - 2023 - 2024 - 2025   

1.0” or less - $20.10 - $21.60 - $23.10 - $24.60 - $26.10

1.5” - $40.20 - $43.20 - $46.20 - $49.20 - $52.20

2.0” - $80.40 - $86.40 - $92.40 - $98.40 - $104.40

3.0” - $160.80 - $172.80 - $184.80 - $196.80 - $208.80

4.0” - $321.60 - $345.60 - $369.60 - $393.60 - $417.60 

ADDITIONAL WATER USAGE PER 1,000 GALLONS                                                                                                                                          $2.80 - $3.00 - $3.20 - $3.40 - $3.60

User NOT on City Sewer System

2021 - 2022 - 2023 - 2024 - 2025

Residential per Month - $69.00 - $89.00 - $109.00 - $129.00 - $149.00

Commercial per Month - $79.00   - $99.00 - $119.00 - $149.00 - $169.00

Commercial Haulers

Commercial haulers shall only dump at the Waste Treatment Plant and only after receiving permission from the Sewer Commissioner. Dumping rates shall be as set by the Sewer Commissioner from time to time.”

(B)  Fees for required services are as follows:

2021 - 2022 - 2023 - 2024 - 2025                                                             

Backflow Test - $50.00 - $53.00 - $55.00 - $58.00 - $61.00

Backflow Cleaning (doesn’t include price of parts) - $50.00 - $53.00 - $55.00 - $58.00 - $61.00

Tapping Fee (0.75”/1.0”) - $100.00 - $105.00 - $111.00 - $117.00 - $123.00

Tapping Fee (1.5”/2.0”) - $150.00 - $158.00 - $166.00 - $175.00 - $184.00

Curb Valve and Box replacement parts - $800.00 - $842.00 - $886.00 - $933.00 - $982.00

Water/Sewer Inspection - $40.00   - $42.00 - $44.00 - $47.00 - $49.00

Septage/ 500 gallons - $8.00 - $8.50 - $8.90 - $9.00 - $10.00

Late Fee 8 am - 5 pm  - $50.00 - $53.00 - $55.00 - $58.00 - $61.00

Late Fee after 5:00 P.M. Weekends or Holidays) - $100.00 - $105.00  - $111.00 - $117.00 - $123.00

Water Sampling - $100.00 - $105.00 - $111.00 - $117.00 - $123.00

Sec. 5  Section 6-409 of the O’Neill Municipal Code be amended to read as follows:

“SECTION 6-409: CUSTOMER DEPOSITS

• All new customers (except customers served by the City within the past 12 months and who established satisfactory payment records for the previous service) shall be required to make a deposit with the City as follows:

Combined Deposit

Water Meter Size - 2021 - 2022 - 2023 - 2024 - 2025

1.0” or less - $170.00 - $210.00 - $220.00 - $230.00 - $240.00

1.5” - $340.00 - $420.00 - $440.00 - $460.00 - $480.00  

2.0” - $680.00 - $840.00 - $880.00 - $920.00 - $960.00

3.0” - $1,370.00 - $1,680.00 - $1,760.00 - $1,840.00 - $1,920.00

4.0” - $2,740.00 - $3,360.00 - $3,520.00 - $3,680.00 - $3,840.00

(B)  Each deposit shall be refunded when the customer has established a satisfactory payment record for a period of 12 consecutive months and has not been served with more than two disconnect notices during such period of time. When supported by facts, the mayor may determine that the deposit shall be held for a longer period to as sure a satisfactory payment record.

(C) The City may offset any customer’s deposit at any time during which the customer’s account is delinquent. Such deposit may also be used to offset any payment due on any other account of the customer, payment for damages due from the custom er, or payment of a judgment obtained by the City for any reason either against the property owner or customer, if a different person.

(D) The City may use any means available to it by law for collection of a customer’s delinquent account in addition to use of his or her deposit. 

Sec. 6. That all prior ordinances in conflict herewith are repealed.

Sec. 7.  That this ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law.

PASSED AND APPROVED this      _____ day of ________ , 2021.

_______________________

SCOTT MENISH, MAYOR

ATTEST:

(SEAL)

______________________

SARAH SIDAK, 

CITY CLERK/TREASURER

__________

 

The Mayor called for all the mini excavator with loader bids.

Moved by Krysl, second by Walsh to close the mini excavator with loader bids. Roll call vote as follows: All Ayes. Motion carried.

City Attorney Strope read the following bids aloud:

Mitchell Equipment$75,800.00

Moved by Kelly, second by Krysl to accept the bid from Mitchell Equipment. Roll call vote as follows: All Ayes. Motion carried.

The Mayor called for all the vac-truck bids.

City Attorney Strope read the following bids aloud:

Mid-Iowa$408,597.02

Rose Equipment bid #1$386,550.00

Rose Equipment bid #2$412,650.00

McQueen Equipment$395,669.00

Water/Sewer Supervisor Jason Baker took the bids for review.

The Mayor called for all patrol unit bids.

City Attorney Strope read the following bids aloud:

WM Krotter Co.$38,460.00

Anderson Ford$36,246.00

Officers Ross and Jensen took the bids for review.

Moved by Krysl, second by Kramer to reject and readvertise for the ambulance bids. All new bids are to be sealed and mailed or turned into the City Office by 6:30 pm Monday, December 6, 2021. Roll call vote as follows: All Ayes. Motion carried.

City Attorney Strope informed the board that the City is in compliance with the conflict of interest law. However, there are a few updates that need to be made to our code to adhere to the state law. What the City is needing to change is to have bills on the agenda separate if they pertain to a Council member or the Mayor. Then have that council member abstain from voting if they were to have financial gain. The Mayor does not have a vote when approving the bills. City Attorney Strope is working on our code to have it brought up to date with the state law.

Moved by Baker, second by Kramer to approve the placing of the Rotary Club sign next to the City of O’Neill welcome sign on the South side of town. Roll call vote as follows: Aye: Krysl, Kramer, Burdick, Baker and Gleason. Nay: Kelly and Walsh. Absent: Schneider. Motion carried.

Water/Sewer Supervisor Jason Baker recommended accepting the vac-truck bid submitted by Mid-Iowa in the amount of $408,597.02. The main reason for this choice is the safety features that this one offers that the other bids do not.

Moved by Kelly, second by Burdick to accept the bid from Mik-Iowa for the vac-truck. Roll call vote as follows: All Ayes. Motion carried.

Officer Ross and Jensen recommended accepting the patrol unit bid from Anderson Ford in the amount of $36,246.00.  

Moved by Gleason, second by Kramer to accept the bid from Anderson Ford for the patrol unit. Roll call vote as follows: All Ayes.Motion carried.

Moved by Kelly, second by Kramer to approve the DMV to paint lines on the Community Center parking lot in the northeast corner to conduct motorcycle testing. Roll call vote as follows: All Ayes. Motion carried.

No action was taken on 06-LB840-21 as the LB840 Finance Committee has tabled the issue until more information can be obtained.

Moved by Kelly, second by Walsh to approve application PIP-LB840-106 in the amount of $5,000.00 for signage. Roll call vote as follows:  All Ayes. Motion carried.

Moved by Kelly, second by Krysl to approve application PIP-LB840-107 in the amount of $1,950.00 for demolition. Roll call vote as follows: All Ayes. Motion carried.

Moved by Walsh, second by Kelly to approve advertising for a pickup for the park and cemetery department. Roll call vote as follows: All Ayes. Motion carried.

Moved by Baker, second by Krysl to approve advertising for a payloader for the solid waste department. Roll call vote as follows:  All Ayes. Motion carried.

Moved by Walsh, second by Baker to approve a street closure from Hynes Street to Clay Street on 4th Street for the lighted parade on Friday, December 3, 2021. Roll call vote as follows: All Ayes. Motion carried.

Moved by Kramer, second by Krysl to approve OOR Grant drawdown request #19 in the amount of $37,937.60. Roll call vote as follows: All Ayes. Motion carried.

The Council tabled putting in a street light at the corner of Blaine Street and Grant Street until they can find out what the cost would be.

Moved by Kramer, second by Kelly to approve the Treasurer’s Report. Roll call vote as follows: All Ayes. Motion carried.

Moved by Kramer, second by Burdick to approve the bills as submitted except for Scott Menish’s cleaning bill. Roll call vote as follows: All Ayes. Motion carried.

Moved by Kramer, second by Burdick to approve Scott Menish’s bill for cleaning. Roll call vote as follows: All Ayes. Motion carried.

__________

 

ALL FUNDS

Payroll, salary126,286.61FED & FICA, tax28,090.84

American Family, ins2,165.54Appeara, su752.44

BPI, fees652.50Black Hills Energy, util333.39

BlueCrossBlueShield, ins47,792.38

Bomgaars, su1,357.81

GIS Workshop, pmt10,940.70Guardian, ins1,733.06

Holt Co Independent, ad958.41John Hancock, pension6,796.52

NE Dept. of Revenue, tax4,136.17NPPD, util18,383.28

NT&T, phone978.75One Office, su761.47

Quadient Leasing, su957.27Ranchland Auto, su906.73

Reiser Ins, ins205,052.00Unum, ins435.38

Verizon, phone752.32Wex Bank, fuel6,788.62

GENERAL FUND

A & J Tire, ser526.99ABI Attachments, su5,000.00

Alder Plumbing, ser900.00

Amazon, su269.82

Arrow Seed, su187.88Bartak Glass, ser170.00

BCBS, re90.19Carhart Lumber, su3.14

Century Link, phone58.18Contingent Fund, su63.13

Danko, su54.99Dearborn Life, ins92.88

Emme Sand & Gravel, su190.98FCF Construction, ser6,724.00

Floor Maintenance, su400.03Golden Hotel, re256.58

GreatAmerica Finance, ser218.25

GreatPlains Small Eng.,ser15,137.90

Harte’s Lawn, ser267.84Island Supply Welding, su152.56

KBRX, ad30.00LB840 Fund, pmt33,320.25

Scott Menish, ser100.00Midwest Connect, su37.00

NECC, school677.50

Ogdens, su240.40

O’Neill Electric, ser199.50O’Neill Pest, ser180.00

Dori Rich, clean885.00Rural Fire Board, pmt17,527.34

Seed House, su112.50

SiteOne, su294.63

Strope & Gotschall, fees947.50Tax Commissioner, tax141.54

Torpin’s, su33.22United Rentals, ser4,346.00

Zoll Medical, su961.08POLICE FUND

A & J Tire, ser63.99Century Link, phone65.59

Charm-Tex, su79.98Jackolyn Collier, clean, su200.00

Contingent Fund, su736.80

Consolidated Management, su67.45

Heartland Counseling, ser250.00HCAS, ser160.00

NE Law Enforcement, ser18.25O’Neill Car Wash, ser19.94

O’Neill Shopper, ad48.00Pinnacle Bank, su31.01

Prairie Hills, ser143.06Public Safety Center, su316.90

Quill, su212.03Stick it Vinyl, ser568.75

Strope & Gotschall, fees122.50STREET FUND

Accounts Management, pmt643.79

Cole Redi-Mix, su975.00

Connot Tire, ser20.00FCF Construction, ser177,236.00

Fair Manufacturing, ser350.00Gokie Oil, su830.30

K&K Welding, ser10.61Kutak Rock, fees5,090.00

Olsson, fees45,414.31O’Neill Auto, su123.93

O’Neill Electric, ser100.00Stan Houston Equipment, su630.00

Strope & Gotschall, fees43.75

SEWER FUND

Advanced Cleaning, ser600.00Applied Industrial Tech, su399.62

Carhart Lumber, su101.20Colonial Research, su3,142.80

Contingent Fund, su46.69Hach Co., su423.61

K&K Welding, ser69.50

Midlands Contracting, ser59,336.80

Midwest Lab, ser251.50Mitchell Equipment, su 4,502.48

Municipal Supply, su1,561.91Ogdens, su29.99

OneCall Concepts, ser155.58O’Neill Shopper, ad4.50

Olsson, fees2,633.25Schmitz Sales, su998.00

Sunshine Filters, su474.78Tax Commissioner, tax4,066.82

Taylor Made, ser16.50Torpin’s, su13.47

USA Blue Book, su112.56WATER FUND

Alder Plumbing, ser836.38Badger Meter, su76.60

Carhart Lumber, su123.46City Utility Deposit, re1,360.00

Cole Redi-Mix, su396.00Contingent Fund, su564.22

Fedex, ser245.44Lincoln Winwater, su25.68

Mitchell Equipment, su3,534.44Municipal Supply, su71.52

NDEE, school200.00NE Public Health, tests801.00

NE Support, pmt363.68Niobrara Valley, util196.54

Ogdens, su30.00Olsson, fees2,633.25

OneCall Concepts, ser155.59O’Neill Shopper, ad4.50

RSR Electrical, ser61,300.00Strope & Gotschall, fees43.75

Tax Commissioner, tax6,567.76Taylor Made, ser16.50

Torpin’s, su13.47SOLID WASTE FUND

Accounts Management, pmt629.17Butler Co. Landfill, fee39,559.69

Farmer’s Pride, su830.30Matheson Tri-Gas, su37.13

Niobrara Valley, util683.88O’Neill Auto, su87.60

Productivity Plus, ser1,872.22Dori Rich, clean300.00

Strope & Gotschall, fees87.50Truck Center, su100.50

COMMUNITY 

IMPROVEMENT FUND

CDS Insp & Beyond, ser2,644.60Kinnan Const., ser3,633.00

Strom Construction, ser19,160.00Tore It Up Roofing, ser12,500.00

LB840 FUND

KBRX, ad7.50Strope, fees1,477.00

DEBT SERVICE

BOKF, pmt237,586.25SUSIE KRAMER, WARD II

KAYLA BURDICK, WARD I

__________

 

Mayor Scott Menish informed the board that Jason Baker is our new Water and Sewer Supervisor as Curt Kizzire retired the end of October.

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

The meeting adjourned at 7:50 P.M.

SCOTT MENISH, MAYOR

ATTEST:

(SEAL)

SARAH SIDAK, 

CITY CLERK/TREASURER

__________

 

Published November 18, 2021   46-48

ZNEZ

 

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