City of O'Neill Proceedings (01-18-2024)

January 8, 2024

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 January, 2024 at 6:30 P.M.

Present: Mayor Scott Menish, City Clerk/Treasurer Sarah Sidak, City Attorney Boyd Strope, Council President Tim Schneider and Council members; Kayla Burdick, Michelle Liewer, Paul Asche and Beth Walsh. Absent: Quana Wheeler, Susie Kramer and Tim Gleason.  

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 Scott Menish. The Pledge of Allegiance was recited. Mayor Menish informed the public of the location of the Open Meetings Act poster.

Moved by Schneider, second by Asche to waive the readings of the minutes of the December 4th and 18th meeting and approve them as if read. Roll call vote as follows: All Ayes. Motion carried.

Moved by Burdick, second by Schneider to reduce the tipping fees for the demolition of the former Inn Keeper to $35.00 per ton. Roll call vote as follows: All Ayes. Motion carried.

Council member Liewer introduced Resolution No. 24-01, which is on file with the City Clerk.

RESOLUTION NO. 24-01

OF THE

CITY OF O'NEILL, 

NEBRASKA

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL, NEBRASKA, THAT:

Sec. 1. The City of O'Neill is owner of the following described real estate located in the City of O'Neill, Holt County, Nebraska:

- O'Neill Village; Nondescript SW1/4 29-29-11 50x50 Tract lying 150.10 E of SE corner Lot 66 Kipples Outlots

and it is hereby determined the City no longer or in the future shall need said property and that the same should be and is directed to be sold.

Sec. 2. Said real property shall be sold on the following terms and conditions:

a. Sealed bid opened on the 4th day of March, 2024 at 6:30 o'clock P.M.  

b. Minimum bid - $2,000.00.

c. Bids should be delivered prior to that time to the O'Neill City Clerk, 401 East Fremont Street, O'Neill, Nebraska, 68763.  

d. The City reserves the right to accept or reject any or all bids. 

e. Title transfer by Quitclaim Deed.

f. Ten percent (10%) of sale price to be paid within Forty-Eight (48) hours of acceptance of bid. Closing within Thirty (30) days of accepting bid.

Sec. 3. Notice of said sale stating a general description of said property, the terms and conditions of said sale and the provisions for remonstrance shall be given by publication in the Holt County Independent once each week for three consecutive weeks.

  Sec. 4. If a remonstrance against such sale, signed by legal electors thereof equal in number to thirty percent of the electors of such city or village voting at the last regular municipal election held therein, be filed with the governing body of such city or village, within thirty days after the third publication of the notice, such property shall not then, nor within one year thereafter, be sold.

Sec. 5. Upon passage of this resolution, publication of notice and passing of said 30 day remonstrance period, said property shall then be sold under the terms and conditions set forth above.  The sale shall thereafter be confirmed by ordinance stating the purchaser and terms and a certified copy thereof recorded at the Register of Deeds.

PASSED AND APPROVED this 8th day of January, 2024.

-ss- SCOTT MENISH, MAYOR

ATTEST:

(S E A L)

-ss- SARAH SIDAK, 

CITY CLERK/TREASURER

Moved by Liewer, second by Asche to adopt Resolution No. 24-01. Roll call vote as follows: All Ayes. Motion carried.

Council member Liewer introduced Resolution No. 24-02, which is on file with the City Clerk.

RESOLUTION NO. 24-02

OF THE

CITY OF O'NEILL, 

NEBRASKA

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL, NEBRASKA, THAT:

Sec. 1. The City of O'Neill is owner of the following described real estate located in the City of O'Neill, Holt County, Nebraska:

- O'Neill Village; McCafferty Addition, Block 46 NW corner including W1/2 of N 80 feet vacated alley adjoining

and it is hereby determined the City no longer or in the future shall need said property and that the same should be and is directed to be sold.

Sec. 2. Said real property shall be sold on the following terms and conditions:

a. Sealed bid opened on the 4th day of March, 2024 at 6:30 o'clock P.M. b. Minimum bid - $4,000.00.

c. Bids should be delivered prior to that time to the O'Neill City Clerk, 401 East Fremont Street, O'Neill, Nebraska, 68763.  

d. The City reserves the right to accept or reject any or all bids. 

e. Title transfer by Quitclaim Deed.

f. Ten percent (10%) of sale price to be paid within Forty-Eight (48) hours of acceptance of bid.  Closing within Thirty (30) days of accepting bid.

Sec. 3. Notice of said sale stating a general description of said property, the terms and conditions of said sale and the provisions for remonstrance shall be given by publication in the Holt County Independent once each week for three consecutive weeks.

  Sec. 4. If a remonstrance against such sale, signed by legal electors thereof equal in number to thirty percent of the electors of such city or village voting at the last regular municipal election held therein, be filed with the governing body of such city or village, within thirty days after the third publication of the notice, such property shall not then, nor within one year thereafter, be sold.

Sec. 5. Upon passage of this resolution, publication of notice and passing of said 30 day remonstrance period, said property shall then be sold under the terms and conditions set forth above.  The sale shall thereafter be confirmed by ordinance stating the purchaser and terms and a certified copy thereof recorded at the Register of Deeds.

PASSED AND APPROVED this 8th day of January, 2024.

-ss- SCOTT MENISH, MAYOR

ATTEST:

(S E A L)

-ss- SARAH SIDAK, 

CITY CLERK/TREASURER

Moved by Liewer, second by Asche to adopt Resolution No. 24-02.  Roll call vote as follows: All Ayes. Motion carried.

Council member Walsh introduced Resolution No. 24-03, which is on file with the City Clerk.

RESOLUTION NO. 24-03

OF THE

CITY OF O'NEILL, 

NEBRASKA

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL, NEBRASKA, that:

Sec. 1. The City of O'Neill must be the entity to make the request and take official action in order to use Highways 20/275/281 for events and a parade, and since they are within the corporate limits of O'Neill, NE.

Sec. 2. As required by subsection (2) LB 589/NRS *39-1359, that the City accepts all duties set out in said subsection, and

Sec. 3. If a claim is made against the state, the City shall indemnify, defend, and hold harmless the state from all claims, demands, actions, damages, and liability, including reasonable attorney's fees that may arise as a result of the special event.

Sec. 4. The City of O'Neill approves and adopts a resolution as outlined above, for a Special Events activity 

• Painting of the Shamrock on a portion of Highways 20, 281 and 275, within the corporate limits of the City of O'Neill, NE, to be held March 13, 2024 (Wednesday) from 5:00 P.M. to 1:00 A.M. from Eighth Street to Madison Street

• St. Patrick's Day Celebration Parade on a portion of Highways 20, 281 and 275, within the corporate limits of the City of O'Neill, NE, to be held March 16, 2024 (Saturday) from 10:00 A.M. to 3:00 P.M, from Eighth Street to Madison Street.

• Painting of the Shamrock on a portion of Highway 20, 281 and 275, within the corporate limits of the City of O'Neill, NE, to be held July 17, 2024 (Wednesday) from 5:00 P.M. to 1:00 A.M. from Eighth Street to Madison Street

• Christmas/Winter Parade on a portion of Highways 20, 281 and 275, within the corporate limits of the City of O'Neill, NE, to be held December 6, 2024 (Friday) from 4:00 P.M. to 8:00 P.M. from Eighth Street to Madison Street. 

PASSED AND APPROVED this 8th day of January, 2024.

-ss- SCOTT MENISH, MAYOR

ATTEST:

(SEAL)

-ss- SARAH SIDAK, 

CITY CLERK/TREASURER

Moved by Walsh, second by Schneider to adopt Resolution No. 24-03. Roll call vote as follows: All Ayes. Motion carried.

City Clerk Sidak informed the Council that the LB840 meeting was postponed due to lack of a quorum.  The Council did not take any action on PIP-LB840-167.

City Clerk Sidak announced that the One and Six Year Street Plan is being drafted from last year's approved plan. The plan will be on the February agenda if there are any other projects the City Council would like to add. Should anyone have a street project they would like considered please contact Greg Walters.

Moved by Schneider, second by Liewer to approve Treasurer's Report.  Roll call vote as follows: All Ayes. Motion carried.

Moved by Liewer, second by Walsh to approve the bill submitted at this meeting by O'Neill Lumber.  Roll call vote as follows:  Aye; Asche, Burdick, Liewer and Walsh. Nay:  None. Abstain: Schneider. Absent: Wheeler, Kramer and Gleason. Motion carried.

Moved by Asche, second by Schneider to approve the remaining bills. Roll call vote as follows: All Ayes. Motion carried.

ALL FUNDS

Payroll, salary 164,744.68 FED & FICA, tax 36,830.88

American Family, ins 1,533.60 Black Hills Energy, util 4,010.55

BlueCrossBlueShield, ins 47,626.65 Bomgaars, su 1,380.92

Colonial Life, ins 1,000.93 Guardian, ins 1,634.17

John Hancock, pension 7,941.88 NE Dept. of Revenue, tax 5,867.12

NPPD, util 13,770.21 NT&T, phone 835.77

Pinnacle Bank, su 353.01 PowerManager, pmt 5,978.07

Quadient Finance, su 1,000.00 Taylor Corp, su 1,035.26

Unum, ins 226.99 Verizon, phone 876.65

Wex Bank, fuel 5,993.84 GENERAL FUND

A&J Tire, ser 360.86 Appeara, su 846.62

Carhart Lumber, su 8.97 Century Link, phone 61.61

Chamber of Commerce, pmt 2,500.00

Contingent Fund, su 888.00

Danko, su 15.60 Dearborn Life, ins 82.56

Ecolab, ser 75.00 GreatAmerica Finance, ser 218.25

Holt Co Independent, ad 371.04 Island Supply, su 9.60

LB840 Fund, pmt 36,255.08 McIntosh Jewelry, ser 20.00

Netcom, su 2,667.00 Ogden's, su 989.55

O'Neill Electric, su 1,780.78 O'Neill Pharmacy, su 187.94

One Office, su 713.84 Precision IT, fees 612.00

Purple Wave, pmt 32,450.00 Dori Rich, clean 885.00

Strope Law, fees 946.00 Tax Commissioner, tax 69.37

Mike Walker, ser 100.00

POLICE FUND

911 Custom, su 1,188.00 Century Link, phone 68.41

Contingent Fund, su 228.75 Brenna Davis, clean, 200.00

Detectachem, su 168.76 EVFM, ser 269.50

GreatAmerica Finance, ser 129.00 NECC, fees 6.00

NE Law Enforcement, fee 142.00 O'Neill Car Wash, ser 54.40

O'Neill Shopper, ads 108.93 Police Chiefs Assoc, fees 60.00

Public Safety Center, su 122.59 Quill, su 98.16

Sayler Screenprinting, ser 76.00 Strope Law, fees 409.00

STREET FUND

Accounts Management, pmt 426.69 AKRS, su 17.20

Appeara, su 246.26 Breiner Welding, ser 1,050.00

Carhart Lumber, su 187.47 Connot Tire, ser 66.95

Deere Credit, pmt 40,874.22 Arlin Hendricks, ser 104.00

Holt Co Independent, ads 9.60 Mathison Heating & Air, ser 204.00

Newman Signs, su 129.21 Olsson, fees 2,617.28

Ranchland Auto, su 76.60 RSR Electric, ser 3,690.76

SAP Bros, su 282.84 Strope Law, fees 273.00

SEWER FUND

Avera Medical Group, ser 195.00 Carhart Lumber, su 141.35

Cole Redi-Mix, su 192.00 Core & Main, su 2,549.66

Cubby's, fuel 259.88 Denali Water, ser 32,830.00

Embassy Suites, room 159.00 Farmer's Pride, fuel 157.57

FedEx, ser 115.42 Grainger, su 452.40

HACH, su 303.37 IWORQ, pmt 3,850.00

LONM, fees 387.50 Midwest Lab, ser 162.92

Municipal Supply, su 890.28 NE State Fire Marshal, fees 120.00

Ogden's, su 63.17 Olsson, fees 19,726.75

One Call, ser 14.51 Tax Commissioner, tax 3,941.58

Torpins, su 15.89 WATER FUND

Badger Meter, su 79.10 Carhart Lumber, su 129.37

City Utility Deposit, re 1,540.00 Contingent Fund, su 178.88

Core & Main, su 1,078.84 Embassy Suites, room 159.00

Farmer's Pride, fuel 157.57 Fedex, ser 144.79

Grainger, su 243.91 IWORQ, pmt 3,850.00

LONM, fees 387.50 NDEE, fees 115.00

NE Public Health, tests 398.00 NE Support, pmt 363.68

Niobrara Valley, util 196.54 Ogden's, su 34.35

Olsson, fees 3,053.37 One Call, ser 14.51

One Office, su 3.62 Tax Commissioner, tax 2,184.07

Torpins, su 9.00 SOLID WASTE FUND

Butler Co. Landfill, fee 42,047.18 Connot Tire, ser 1,435.60

Cornhusker Truck, ser 1,303.86 Cubby's, fuel 746.28

General Collection, pmt 284.92 Holt Co Independent, ads 80.50

Linweld, su 41.44 Niobrara Valley, util 1,014.48

One Office, su 261.75 Dori Rich, clean 300.00

LB840

Strope Law, fees 725.00 PAUL ASCHE, WARD III

QUANA WHEELER, WARD III

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

The meeting was adjourned at 7:22 P.M.

-ss- SCOTT MENISH, MAYOR

ATTEST:

(SEAL)

-ss- SARAH SIDAK, 

CITY CLERK/TREASURER

Published January 18, 2024           3

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