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05/07/2013 Regular Meeting

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

MAY 7, 2013

 

Mayor Vossler called the regular meeting of the City Council to order at 7:00 p.m. at the City Hall.  Advanced notice of the meeting was given by publication in The Sentinel, the appointed method for giving advanced notice.  All proceedings shown were taken while the meeting was open to the attendance of the public.

 

Mayor James Vossler presided and Patrick Gates recorded the proceedings.  The following Councilmembers were present:  Stanley Krause, Dan Drake, and Harlan Schrock.  Phyllis Ryan was absent.  Attorney Mullally was in attendance.  A quorum being present and the meeting duly convened, the following proceedings were had and done.

 

As required by the Nebraska Open Meetings Act, Mayor Vossler announced that a copy of the Nebraska Open Meetings Act has been posted on the south door of the City Hall meeting room for all in attendance to review. 

 

Mayor Vossler announced that public comments would be received at this time.  BJ Fictum of Saline County Emergency Management Association attended the meeting to deliver to the Mayor and Council copies of the City of Friend Operations Plan for Disaster Response and Recovery 2013 Template.  Mr. Fictum requested the Mayor and Council review and update the presented plan for consideration and final approval by October.

 

Motioned by Drake, seconded by Schrock, to approve the Minutes of the April 2, 2013 regular meeting, the April 3, 2013 special meeting, and the April 2013 Treasurer's Report as presented and file same.  On roll call voting aye to approve the April 2, 2013 regular meeting minutes, the April 3, 2013 special meeting minutes, and the April 2013 Treasurer's Report, Drake, Schrock, Krause.  Nays none.  Ryan absent.  Motion carried.

 

Motion was made by Schrock, to table approval of the financial reports presented from the Warren Memorial Hospital as they were not provided to the Council for review until the start of the meeting.  Motion was seconded by Krause.  On roll call voting aye, Drake, Schrock, Krause.  Nays none.  Ryan absent.  Motion carried.

 

A motion was made by Schrock, seconded by Krause, that payroll and claims be approved by the claims committee, and be allowed, and the Clerk instructed to issue warrants on the respective funds to pay same.  On roll call voting aye, Schrock, Krause, Drake.  Nays none.  Ryan absent.  Motion carried.

 

The claims approved were as follows:  April Payroll, 18,896.50; Ameritas, 2384.01; EFTPS, 6427.32; Aflac Insurance, 52.78; BVH, su 10.82; Baker & Taylor, su 43.87; Barco, su 195.32; Black Hills Energy, fe 408.22; Brandts, se 5504.00; BNSF, fe 922.41; Central States, su 7976.93; Chief Supply, su 326.10; Keith Clouse, fe 250.00; CRA, fe 2516.46; Culligan, se 50.00; D&D Comm, se 70.86; Lee DeBevoise, se 150.00; Diode Comm, fe 35.45; Discover, su 2688.82; Drakes, se 330.00; EMS, se 35.64; Eakes, su 273.44; Eletech, fe 2500.00; Emergency Med Prod, su 155.85; Exeter Lumber, su 225.00; Farmers  Coop, su 1861.06; First State Ins, fe 6398.00; Friend Sentinel, fe 30.00; Gale, su 88.46; General Fire, se 199.00; Johnsons, su 94.96; Jr. Library Guild, su 109.44; Kirkham Michael, se 5790.00; Ladies Home Jrnl, fe 16.97; Jackie Larsen, re 150.45; Law Enforcement Systems, su 71.00; LONM, fe 510.00; Lookout Books, su 152.90; Menards, su 1220.79; Midwest Labs, su 163.48; Midwest Refuse, se 259.11; Michael Mullally, fe 595.00; Muni Supply, su 961.75; NE Public Health, se 28.00; NE Dept of Rev, SWH 812.35 & sales tax 5802.16; NE Public Power, se 57,884.58; NE RWA, fe 750.00; Nick’s Farm Store, su 24.26; Norris Public Power, se 5596.55; One Call, se 5.55; Postmaster, su 186.50; Principal Mutual, fe 104.92; QuarterMaster, su 109.95; Reeves, su 25.47; Mindy Rohrig, re 357.17; Romans, Wiemer & Assocs, se 4500.00; Sargent Drilling, se 310.00; Shell, su 404.03; Sid Dillon, se 1360.62; Marvin Slepicka, fe 1000.00; Streicher’s, su 56.98; JL Stutzman Contracting, se 160.00; TV Svc, su 41.99; James Tenopir, re 100.00; UMB, fe 5729.50; Verizon, se 479.45; WEF, fe 96.00; Windstream, se 874.48; Young’s, se 64.03.  Total Claims Approved $157,966.71.

 

Bill Abts from Ameritas attended the meeting to give a presentation and review with the Mayor and Council information regarding financing for the city-wide street improvement project.  Upon completion of Mr. Abts’ presentation, Council Member Stanley Krause introduced Resolution No. 13-21 and moved its adoption.  Council Member Harlan Schrock seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted yea:  Krause, Drake, Schrock.  The following voted nay:  none.  Whereupon the Mayor declared said motion carried and said resolution passed and adopted.  A true, correct and complete copy of said resolution is as follows:

 

RESOLUTION NO. 13-21

BE IT RESOLVED AND ENACTED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA, as follows:

 

Section 1.  That the following bonds, in accordance with their option provisions, are hereby called for payment on June 12, 2013, after which date interest on the bonds will cease:

 

Refunding Bonds, dated July 11, 2006, in the principal amount of $125,000, numbered as they are shown on the books and records of the Paying Agent and Registrar, maturing in the principal amount and bearing CUSIP numbers as follows:

 

Principal Amount                   Maturity Date                         CUSIP No.

$10,000                                   May 1, 2014                            358442 ER8

  15,000                                   May 1, 2015                            358442 ES6

  15,000                                   May 1, 2016                            358442 ET4

  15,000                                   May 1, 2017                            358442 EU1

  15,000                                   May 1, 2018                            358442 EV9

  15,000                                   May 1, 2019                            358442 EW7

  20,000                                   May 1, 2020                            358442 EX5

  20,000                                   May 1, 2021`                           358442 EY3

 

                             

            Section 2.  These bonds are to be paid at the office of the City Treasurer in Friend, Nebraska, as Paying Agent and Registrar.

 

Section 3.  A true copy of this Resolution shall be filed by the City Clerk with the Paying Agent at least thirty (30) days prior to call date and the Paying Agent is hereby irrevocably instructed to take appropriate action to mail notice to the registered owner at least thirty (30) days prior to the call date.

 

Council Member Dan Drake introduced Ordinance No. 13-729 entitled:

 

AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013, OF THE CITY OF FRIEND, NEBRASKA, IN THE PRINCIPAL AMOUNT OF ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000) ISSUED TO REFUND CERTAIN OUTSTANDING BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR A SINKING FUND AND FOR THE LEVY AND COLLECTION OF TAXES TO PAY SAID BONDS; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; PROVIDING FOR THE DISPOSITION OF THE BOND PROCEEDS AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM

 

and moved that the statutory rule requiring reading on three different days be suspended.  Council Member Harlan Schrock seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted yea:  Drake, Schrock, Krause.  The following voted nay:  none.  The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinance.  Said ordinance was then read by title and thereafter Council Member Dan Drake moved for final passage of the ordinance, which motion was seconded by Council Member Harlan Schrock.  The Mayor then stated the question was “Shall Ordinance4 No.13-729 be passed and adopted?”  Upon roll call vote, the following Council Members voted yea:  Schrock, Krause, Drake.  The following voted nay:  none.  The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor in the presence of the Council signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance to be published in pamphlet form as provided therein.  A true, correct and complete copy of said ordinance is available to review at City Hall during regular office hours.

 

Council Member Krause introduced Ordinance No. 13-730 entitled:

 

AN ORDINANCE PROVIDING FOR THE ISSUANCE OF HIGHWAY ALLOCATION FUND PLEDGE BONDS, SERIES 2013, IN THE AMOUNT OF FOUR HUNDRED SIXTY THOUSAND DOLLARS ($460,000) FOR THE PAYMENT OF COSTS IN CONNECTION WITH THE CONSTRUCTION OF STREET AND PAVING IMPROVEMENTS IN THE CITY; PRESCRIBING THE FORM OF SAID BONDS; PLEDGING FUNDS TO BE RECEIVED BY THE CITY FROM THE STATE OF NEBRASKA HIGHWAY ALLOCATION FUND; AGREEING TO LEVY TAXES; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; PROVIDING FOR THE DISPOSITION OF THE BOND PROCEEDS AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM
 

Council Member Krause moved that the statutory rule requiring re3ading on three different days be suspended.  Council Member Schrock seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted yea:  Krause, Drake, Schrock.  The following voted nay:  none.  The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinance.  Said ordinance was then read by title and thereafter Council Member Schrock moved for final passage of the ordinance, which motion was seconded by Council Member Drake.  The Mayor then stated the question was “Sall Ordinance No. 13-730 be passed and adopted?”  Upon roll call vote, the following Council Members voted yea:  Drake, Schrock, Krause.  The following voted nay:  none.  The passage and adoption of said ordinance having been concurred in by a majority of all Council Members, the Mayor declared the ordinance adopted and the Mayor in the presence of the Council signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance to be published in pamphlet form as provided therein.  A true, correct and complete copy of said ordinance is available to review at City Hall during regular office hours.

 

Council Member Schrock introduced Ordinance No. 13-731 entitled:

 

AN ORDINANCE PROVIDING FOR THE ISSUANCE OF STREET IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2013, IN THE PRINCIPAL AMOUNT OF ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000) FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTING PAVING IMPROVEMENTS IN THE CITY OF FRIEND, NEBRASKA; PROVIDING FOR A PAYING AGENT AND REGISTRAR OF THE NOTES; AGREEING TO ISSUE BONDS OR OTHER OBLIGATIONS TO PAY THE NOTES AND ACCRUED INTEREST AT MATURITY AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM

 

and moved that the statutory rule requiring reading on three different days be suspended.  Council Member seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted yea:  Schrock, Krause, Drake.  The following voted nay:  none.  The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinance.  Said ordinance was then read by title and thereafter Council Member Krause moved for final passage of the ordinance, which motion was seconded by Council Member Schrock.  The Mayor then stated the question “Shall Ordinance No. 13-731 be passed and adopted?”  Upon roll call vote, the following Council Members voted yea:  Drake, Schrock, Krause.  The following voted nay:  none.  The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor in the presence of the Council signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance to be published in pamphlet form as required by law.  A true, correct and complete copy of said ordinance is available to review at City Hall during regular office hours.

 

Proposed Resolution No. 13-22 was introduced and read by Mayor Vossler.

 

Motion to adopt Resolution No. 13-22 declaring governing body’s approval of a special designated liquor license as applied for by the Pour House for an event to be held May 24th was made by Schrock, seconded by Drake.  On roll call voting aye, Schrock, Krause, Drake.  Nays none.  Ryan absent.  Motion carried and Resolution No. 13-22 was passed and approved this 7th day of May 2013.

 

Patrick Gates gave his utility report.  Mr. Gates reported the ADA projects at the ballfield have been completed, with the exception of a few tables that still need to be put together.  Upon completion Mr. Gates will take photos and prepare a report to submit to Attorney Mullally.

 

Mr. Gates reported that at this time he had only four applicants for lifeguards at the pool and has had one individual interested in the manager position.

 

Police Chief, Mark McFarland was not in attendance but submitted his monthly report to the Mayor and Council for their review.

 

Discussion was had relating to the requirement of frost-free footings.  No action taken.

 

Stan Krause reported on behalf of the Friend Fire Department.  Krause announced that there will be a fundraising event on June 2nd for the Fourth of July fireworks display.

 

Becky Hauffle from Inspro Insurance attended the meeting to present to the City a safety dividend check in the amount of $3350.03.

 

Proposed bids for a lift (elevator) at the Gilbert Library were reviewed.  After discussion, motion was made by Drake, seconded by Schrock to approve and accept bids received from Houlden Remodeling for necessary work for elevator installation ($5595.00), and for restroom remodel ($5960.92) at the Gilbert Library.  On roll call voting aye, Krause, Drake, Schrock.  Nays, none.  Ryan absent.  Motion carried.

 

Bids were also received from Eletech, Inc. for material for the lift at Gilbert Library, as well as for the labor to install the lift.  After discussion and review, motion was made by Krause, seconded by Drake to approve and accept bid of $19,267 from Eletech, Inc. for material for elevator lift at Gilbert Library.  On roll call voting aye, Schrock, Krause, Drake.  Nays, none.  Ryan absent.  Motion carried.

 

Motion was made by Schrock, seconded by Drake to approve and accept bid of $19,268 from Eletech, Inc. for labor for installation of elevator lift at Gilbert Library.  On roll call voting aye, Krause, Drake, Schrock.  Nays, none.  Ryan absent.  Motion carried.

 

Jim Ryan attended the meeting to present plans to the Mayor and Council for the upcoming 3rd annual Hike-or-Bike event on May 18th.  Motion was made by Krause, seconded by Schrock to temporarily close Chestnut Street from 9th to 11th, to allow the use of golf carts from 8:00 a.m. until 12:00 noon, to open fire hydrant, and to have restrooms open for the upcoming 3rd annual Hike-or-Bike event.  On roll call voting aye, Drake, Schrock, Krause.  Nays none.  Ryan absent.  Motion carried.

 

Discussion was had relating to the City’s contribution toward the Fourth of July fireworks display.  Motion was made by Drake, seconded by Schrock, to approve a $3,000 contribution for the Fourth of July fireworks display.

 

Application was made by Todd and Anna Gallatin to keep fowl at their residence.  After discussion, no action was taken pending receipt of signed statement declaring no objections from neighboring property owners.

 

Discussion was had regarding concessions at the ballfield on the Fourth of July.  It was clarified that the Chamber is in charge of the celebration so they will handle this.

 

Motion to enter into executive session at 8:06 p.m. for discussion of personnel issues was made by Drake, seconded by Schrock.  On roll call voting aye, Krause, Drake, Schrock.  Nays none.  Ryan absent.  Motion carried.

 

Motion to reconvene regular session of the Friend City Council meeting was made by Schrock, seconded by Drake.  On roll call voting aye, Schrock, Drake, Krause.  Nays none.   Ryan absent.  Regular session resumed at 8:32 p.m.

 

No further business to come before the City Council, motion was made by Drake, seconded by Schrock, to adjourn the meeting.  On roll call voting aye, Krause, Drake, Schrock.  Nays, none.  Ryan absent.  Motion carried.  Meeting adjourned at 8:33 p.m.