City of O'Neill Proceedings (7-20-2023)

A regular meeting of the Mayor and the City Council of O'Neill was held at the City Hall in said City on the 10th day of July, 2023 at 6:30 P.M.

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

Moved by Gleason, second by Asche to waive the readings of the minutes of the June 5th meeting and approve them as if read. Roll call vote as follows:  All Ayes. Motion carried.

Mayor Menish appointed Council members Liewer and Kramer to go over the health insurance quotes and report back at the August meeting with their recommendation.

Moved by Asche, second by Wheeler to deny changing the date of established residence from July 1, 2021 to July 1, 2022 in section 2-134: SEXUAL PREDATORS; RESIDENCY RESTRICTIONS; EXCEPTIONS UNDER SUBSECTION D: EXCEPTIONS TO PARKS AND POOLS #4. Roll call vote as follows:  All Ayes. Motion carried.

The Council tabled taking over putting up and taking down the flags for holidays and storing them for the O'Neill Lions Club.

City Clerk Sidak read the following municipal water improvements phase B project bids aloud:

• A&R Construction $694,230.00

• Myers Construction $1,935,352.35

City Engineer Dave Olsson opened the bids prior to the meeting and after review recommends accepting the bid submitted by A&R Construction for $694,230.00.

Moved by Asche, second by Walsh to approve the bid submitted by A&R Construction for $694,230.00. Roll call vote as follows:  All Ayes. Motion carried.

Moved by Wheeler, second by Kramer to approve the Neko's Pub addition of their permanent 20x27 outdoor area to their liquor license. Roll call vote as follows: All Ayes. Motion carried.

Moved by Wheeler, second by Liewer to approve Handlebend having a Mule/Beer Garden for the Satellite Rotary Club sand volleyball tournament Tuesday August 15, 2023 4 pm – 12 am at Carney Park. Roll call vote as follows:  All Ayes. Motion carried.

Council member Gleason introduced and moved to adopt Resolution No. 23-5, which is on file with the City Clerk.

RESOLUTION 23-5

GOVERNMENTAL LEASE-PURCHASE AGREEMENT NO. 001-0670625-301

DATED AS OF JUNE 21, 2023

A resolution authorizing the negotiation, execution, and delivery of Governmental Lease-Purchase Agreement No. 001-0670625-301 dated June 21, 2023 (the “Lease”), in principal amount not to exceed $369,962.02, between City of O'Neill, 401 East Fremont Street, O'Neill, NE 68763 and The Huntington National Bank, 11100 Wayzata Blvd, Suite 700, Minnetonka, MN 55305; and prescribing other details in connection therewith.

WHEREAS, City of O'Neill, (the “Lessee”) is a political subdivision duly organized and existing pursuant to the Constitution and laws of the State of Nebraska, and

WHEREAS, Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its governmental functions and to acquire such personal property by entering into lease-purchase agreements; and

WHEREAS, Lessee hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the property designated and set forth in Attachment 2 to the Lease is appropriate and necessary to the function and operations of the Lessee; and

WHEREAS, The Huntington National Bank, (the “Lessor”) shall act as Lessor under said Lease; and

WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the State;

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF City of O'Neill:

Section 1. The Lease, in substantially the form as presently before the governing body of the Lessee, is hereby approved, and the Mayor of the Lessee, is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee, with such changes therein as shall be approved by such officer, and which Lease will be available for public inspection at the offices of Lessee.

Section 2. The Lessee shall, and the officers, agents and employees of the Lessee are hereby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease.

Section 3. The Lessee's obligations under the Lease shall be expressly subject to annual appropriation by Lessee; and such obligations under the Lease shall not constitute a general obligation of Lessee or indebtedness of Lessee within the meaning of the Constitution and laws of the State of Nebraska.

Section 4. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved.

Section 5. Lessee reasonably anticipates to issue not more than $10,000,000 of tax-exempt obligations (other than “private activity bonds” which are “qualified 501(c)(3)bonds”) during the current calendar year and hereby designates the Lease as a “qualified tax-exempt obligation” for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended.

Section 6. This resolution shall take effect immediately upon its adoption and approval.

CERTIFIED AS TRUE AND CORRECT THIS 10TH DAY OF JULY, 2023.

-s- Sarah Sidak

City Clerk/Treasurer

Second by Asche to adopt Resolution No. 23-5. Roll call vote as follows:  All Ayes. Motion carried.

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

Moved by Walsh, second by Gleason to approve the bill submitted at this meeting by O'Neill Lumber.  Roll call vote as follows:  All Ayes. Motion carried.

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

ALL FUNDS

Payroll, salary 266,154.04

FED & FICA, tax 39,171.36

American Family, ins 2,322.84

Black Hills Energy, util 476.04

BlueCrossBlueShield, ins 48,540.73

Bomgaars, su 2,128.50

Colonial life, ins 1,428.42

Guardian, ins 1,656.26

John Hancock, pension 7,859.66

NE Dept. of Revenue, tax 9,100.76

NPPD, util 14,947.05

NT&T, phone 820.13

One Office, su 723.98

Quadient Leasing, pmt 86.88

Unum, ins 217.88

Verizon, phone 845.34

Wex Bank, fuel 8,933.65 GENERAL FUND

A&J Tire, su 1,724.46

Agronomy Solutions, su 110.00

Akrs, su 261.75

Appeara, su 841.64

C&S Repair, ser 127.09

Carhart Lumber, su 65.96

Century Link, phone 59.63

Central NE Pool & Spa, ser 340.00

Contingent Fund, su 904.80

Dearborn Life, ins 89.44

Ecolab, ser 75.00

EVFM, ser 168.00

First Interstate Bank, ser 40.00

Floor Maintenance, ser 156.76

GreatAmerica Finance, ser 218.25

Harte's Lawn, ser 1,345.45

Hollman Media, ser 19.95

Holt Co Independent, ad 185.49

In The Swim, su 313.54

Island Sprinkler, su 164.88

Island Supply, su 80.70

Kaup's Plumbing, ser 310.00

KBRX, ad 30.00

LB840 Fund, pmt 33,861.81

Lincoln Marriott, room 238.00

Mathison Heating & Air, ser 607.56

Grant Litz, re 75.00

Curtis Mork, fees 300.00

Odeys, su 115.65

Ogden's, su 473.79

Olsson, fees 44.87

O'Neill Electric, ser 267.50

O'Neill Lumber, su 349.07

O'Neill Pest Control, ser 100.00

Delbert Parshall, re 75.00

Pinnacle Bank, su 16.03

Precision IT, ser 12.00

Ranchland Auto, su 70.25

Dori Rich, clean 885.00

Schaecher Electric, ser 1,603.66

Shamrock Nursery, su 102.79

Siteone Landscape, su 313.47

Steppco Refrigeration, ser 146.00

Strope Law, fees 684.00

Sunset Pool Supplies, su 4,993.85

Tax Commissioner, tax 321.75

Team Lab, su 198.24

Torpin's, su 78.90

Mike Walker, ser 100.00

Windy Prairie, fees 2,300.00

Zoll Medical, su 364.00 POLICE FUND

911 Custom, su 1,188.00

C&S Repair, ser 110.91

Century Link, phone 66.41

Jackolyn Collier, clean, su 200.00

Contingent Fund, su 222.40

Detectachem, su 161.17

Jesus Ortiz Garcia, ser 22.50

GreatAmerica Finance, ser 129.00

Holt Co Court, fees 17.00

Nebraska State Patrol, fees 628.50

No. 1 Storage, rent 4,800.00

Ogden's, su 40.68

O'Neill Car Wash, ser 102.54

Pinnacle Bank, su 204.31

Police Officers' Assoc, su 115.00

Prairie Hills, ser 67.08

Quill, su 650.97

Shamrock Vet Clinic, ser 120.00

Strope Law, fees 1,701.00

Town & Country, su 21.00

STREET FUND

Appeara, su 256.26

Carhart Lumber, su 22.49

Cole Redi-Mix, su 6,346.00

Connot Tire, su 5.25

Cubby's, fuel 107.83

Emme Sand & Gravel, su 653.31

Harte's Lawn, ser 107.95

Ogden's, su 101.97

Olsson, fees 3,208.61

O'Reilly, su 5.44

Ranchland Auto, su 26.17

Smoke It Up Welding, ser 270.33

Strope Law, fees 168.00 SEWER FUND

Atlas Automation, su 1,310.00

Carhart Lumber, su 49.16

Cole Redi-Mix, su 246.00

Contingent Fund, su 62.96

Environmental Resource, su 250.16

Grainger, su 232.33

Hach, su 390.27

Hutcheson Engineering, su 139.62

Ingersoll, su 951.24

Iowa Pump Works, su 60,309.91

Johnson Service, ser 16,650.00

Macqueen Equip, ser 444.82

Mid-Iowa SW Equip, pmt 37,500.00

Midwest Lab, ser 488.64

Mitchell Equip, su 36.23

Municipal Supply, su 133.70

NE Generator, ser 34,135.00

Ogden's, su 55.70

Olsson, fees 5,562.34

One Call, ser 39.97

O'Neill Electric, su 11.75

O'Neill Lumber, su 57.75

Quadient Finance, su 800.00

Smoke It Up Welding, ser 38.02

Strope Law, fees 105.00

Tax Commissioner, tax 4,003.32

Torpins, su 5.67

USA Blue Book, su 31.95

Wahoo Heritage, room 351.80 WATER FUND

Badger Meter, ser 157.50

Carhart Lumber, su 25.97

City Utility Deposit, re 2,200.00

Contingent Fund, su 32.00

Fedex, ser *

Holt Co Independent, ad 87.24

Interstate Industrial, ser 268.58

Mid-Iowa SW Equip, pmt 37,500.00

Mitchell Equip, su 36.23

Municipal Supply, su 446.74

NE Public Health, tests 128.00

NE Support, pmt 363.68

NE Water Resources, fees 105.00

Niobrara Valley, util 196.54

NWEA, fees 180.00

Ogden's, su 68.67

Olsson, fees 15,818.46

One Call, ser 39.97

O'Neill Electric, su 11.75

Quadient Finance, su 200.00

Smoke It Up Welding, ser 264.70

Tax Commissioner, tax 840.79

Torpin's, su 5.67

USA Blue Book, su 269.13

SOLID WASTE FUND

Butler Co. Landfill, fee 56,629.84

Connot Tire, ser 517.95

Cubby's, fuel 354.77

Elliott Equipment, su 98.38

Farmer's Pride, fuel 903.42

Holt Co Independent, ad 23.00

Kansas Pmt Center, pmt 113.55

Linweld, su 38.20

Niobrara Valley, util 627.45

O'Neill Auto, su 6.98

Ranchland Auto, su 261.32

Dori Rich, clean 300.00

Strope Law, fees 294.00 LB 840

KBRX, ad 7.50

Strope Law, fees 1,555.00

COMMUNITY 

IMPROVEMENT

Nebraska Irrigation, su 8,688.00 TIM GLEASON, WARD IV

BETH WALSH, WARD IV

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

The meeting adjourned at 7:00 P.M.

SCOTT MENISH, MAYOR

ATTEST:

(SEAL)

SARAH SIDAK, 

CITY CLERK/TREASURER

Published July 20, 2023                20

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