10/01/2013 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
OCTOBER 1, 2013
Mayor Vossler called the regular meeting of the City Council to order at 7:04 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 City Clerk Debbie Gilmer recorded the proceedings. The following Councilmembers were present: Stanley, Krause, Phyllis Ryan, and Dan Drake. Harlan Schrock was not yet in attendance. 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.
Motioned by Krause, seconded by Ryan, to approve the minutes of the September 3, 2013 regular meeting, the September 23, 2013 special meeting, and the September 2013 Treasurer’s Report as presented and file same. On roll call voting aye to approve the September 3, 2013 regular meeting minutes, the September 23, 2013 special meeting minutes, and the September 2013 Treasurer’s Report , Drake, Ryan, Krause. Nays none. Schrock not yet in attendance. Motion carried.
A motion was made by Drake, 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, Ryan, Krause, Drake. Nays none. Schrock not yet in attendance. Motion carried.
The claims approved were as follows: September Payroll, 21,350.73; Ameritas, 2477.67; EFTPS, 7069.48; Aflac Insurance, 52.78; Acco, su 225.00; AS Central, fe 11,000.00; BVH, su 1.59; Baker & Taylor, su 188.30; Beaver Hardware, su 302.80; Black Hills Energy, fe 214.67; Brothers Equip, su 101.36; Central States, se & su 18,728.35; Keith Clouse, fe 250.00; CRA, re 11,237.54; Culligan, se 50.00; D&D, se 99.00; Daykin Lumber, su 492.50; Lee DeBevoise, se 175.00; Diode Comm, fe 65.45; Discover, su 2445.56; Drakes, fe 795.00; Eakes, su 209.20; EMC fe 466.00; EMS Billing, se 50.36; Eletech, fe 22,000.00; Farmer’s Coop, se/su 2522.81; First State Ins, fe 1344.00; Gene’s Electric, se & su 9283.11; HD Supply, su 5040.53; Heiman, su 121.56; Johnsons, su 123.88; Jr. Library Guild, su 56.88; Kirkham Michael, fe 7527.00; Jackie Larsen, re 28.90; Ronald McConnell, se 460.00; Menards, su 346.58; Chris Michl, se 462.00; Midwest Labs, se 163.43; Midwest Refuse, se 267.96; Michael Mullally, fe 476.00; NE Dept of Rev, SWH 854.31, ST 9111.88; NE Public Health, se 178.00; NE Public Power, se 78,061.60; Natl Geographic, su 39.00; Norris Public Power, se 5375.11 & 4980.67; One Call, se 26.90; Pioneer Publishing, su 250.28; Platte Valley, su 121.60; Police Officer Assn, fe 240.00; Principal Mutual, fe 104.92; Romans, Wiemer & Assocs, se 100.00; Ross Repair, se 44.50; Sandy Creek Restoration, se 385.00; Sensus, se 1732.50; Shell, su 620.55; Seward County Independent, fe 104.52; Seward Electronics, se 611.54; Marvin Slepicka, fe 1000.00; Verizon, se 840.92; Windstream, se 884.61. Total Claims Approved $233,941.39.
BJ Fictum attended the meeting to request Mayor and Council consider and approve the Saline County Local Emergency Operations Plan as presented by adopting proposed resolution #13-36.
Proposed Resolution was introduced and read by Mayor Vossler.
RESOLUTION No. 13-36
Saline County Local Emergency Operations Plan
Council Member Stanley Krause offers the following resolution and moves its adoption, seconded by Council Member Phyllis Ryan:
RESOLVE: That in order to provide for a coordinated response to a disaster or emergency in Saline County, the City of Friend and other cities and villages in Saline County, the Friend City Council deems it advisable and in the best interests of the community and the County to approve the attached Saline County Local Emergency Operations Plan. Acceptance of this 2013 Local Emergency Operations Plan supersedes all previous approved Saline County Local Emergency Operations Plans.
Motion was made by Krause, seconded by Ryan to approve Resolution #13-36 for approval of the City of Friend Local Emergency Operations Plan for Disaster Response and Recovery. On roll call voting aye, Drake, Ryan, Krause. Nays none. Schrock not yet in attendance. Resolution #13-36 was passed and approved this 1st day of October, 2013.
Councilmember Harlan Schrock now present at 7:10 p.m.
BJ Fictum requested Council review and approve an agreement between the City of Friend and Saline County for the County’s use of the Friend water tower for the County Communications System. After discussion, motion was made by Drake, seconded by Ryan, to approve Agreement between the City of Friend and Saline County for the County’s use of the Friend water tower for the County Communications System. On roll call voting aye, Schrock, Krause, Ryan, Drake. Nays none. Motion carried.
Proposed Ordinance #13-733 was read by Mayor Vossler. Councilman Drake moved that the statutory rule requiring reading on three different days be suspended so that the Ordinance might be introduced, read by title and then moved for final passage on the same day, without the same being read in full. Councilman Ryan seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting aye, Krause, Schrock, Ryan, Drake. Members voting nay, none. The motion to suspend the rules was adopted by at least three-fourths of the Council and the statutory rule was declared suspended for consideration of the ordinance.
ORDINANCE NO. 13-733
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A TAX ANTICIPATION NOTE OF THE CITY OF FRIEND, NEBRASKA IN THE PRINCIPAL AMOUNT OF $84,956.55 TO PROVIDE FINANCING FOR CERTAIN OPERATING EXPENSES OF WARREN MEMORIAL HOSPITAL; PRESCRIBING THE FORM AND DETAILS OF THE NOTE; COVENANTING TO PAY SUCH NOTE FROM THE REVENUES OF WARREN MEMORIAL HOSPITAL AND, IF NECESSARY, TO LEVY TAXES IN AMOUNTS SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON THE NOTE; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM AND RELATED MATTERS
Following the reading of the title of the Ordinance, Council Member Drake moved the Ordinance for final passage in substantially the form attached hereto as Exhibit C with such changes and modifications as shall be determined by the Mayor to be in the bests interest of the City, which motion was seconded by Council Member Schrock. On roll call vote, the following Council Members voted in favor of the passage of the Ordinance: Ryan, Krause, Schrock, Drake; the following Council Members voted against the passage of the Ordinance: none; the following Council Members were absent or did not vote: none. The passage of the Ordinance having been agreed upon by a majority of the Council, the Mayor declared the Ordinance passed and, in the presence of the Council, signed and approved the Ordinance. The Clerk attested to its passage by signing the same and affixing the seal of the City to the Ordinance. A true and complete copy of the Ordinance is attached hereto as Exhibit C.
Proposed Resolution #13-31 was introduced and read by Mayor Vossler.
RESOLUTION # 13-31
APPLICATION TO BECOME DEPOSITORIES
To the Honorable Mayor and City Council, Friend, Nebraska;
Come now the following financial institutions and herewith respectfully petition and make application to serve as depositories of monies and funds of the City of Friend, Nebraska, for coming fiscal year beginning October 1, 2013.
- Citizens State Bank (of Friend)
- Farmers and Merchants Bank of Milligan
- Bank of Friend
- Generations Bank of Exeter
BE IT RESOLVED BY THE Mayor and the City Council of the City of Friend, Saline County, Nebraska.
WHEREAS; the aforementioned financial institutions have each filed application for the privilege of becoming a depository for monies and funds of the City of Friend, Nebraska for the fiscal year beginning October 1, 2013, and
WHEREAS; the aforementioned financial institutions have furnished bond for the safekeeping and securing said monies and funds as required by law in addition to the security given to the City of Friend as a depository by the Federal Deposit Insurance Corporation;
NOW THEREFORE BE IT RESOLVED; by the Mayor and City Council of the City of Friend, Saline County, Nebraska, that the Citizens State Bank, the Farmers and Merchants Bank of Milligan, the Bank of Friend, and Generations Bank of Exeter are hereby approved as depositories for monies and funds and in compliance with the terms and provisions of the Section 17-607 of the revised statutes for the year 1943 and all amendments hereto.
Motion was made by Krause, seconded by Drake, to accept and adopt proposed Resolution #13-31 approving application of Citizens State Bank, Farmers and Merchants Bank of Milligan, Bank of Friend, and Generations Bank of Exeter to become depositories for monies and funds for the City of Friend. On roll call voting aye, Ryan, Schrock, Drake, Krause. Nays none. Motion carried.
Mayor Vossler introduced and read by title proposed Resolutions #13-33, #13-34, and #13-35.
RESOLUTION #13-33
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA, APPROVING THE APPLICATION OF SOC 153, LLC DBA POUR HOUSE, FOR SPECIAL DESIGNATED LICENSE UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL, SERVE AND/OR CONSUME BEER, WINE, AND DISTILLED SPIRITS ON OCTOBER 15, 2013 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF THE HISTORIC WARREN BUILDING/SAN CARLO ROOM/WELCOME CENTER, 511 SECOND STREET, SUITES B-C, TO BE HELD BETWEEN THE HOURS OF 3:00 P.M. AND 11:00 P.M. PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #13-34
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA, APPROVING THE APPLICATION OF SOC 153, LLC DBA POUR HOUSE, FOR SPECIAL DESIGNATED LICENSE UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL, SERVE AND/OR CONSUME BEER, WINE, AND DISTILLED SPIRITS ON NOVEMBER 1, 2013 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF THE HISTORIC WARREN BUILDING/SAN CARLO ROOM/WELCOME CENTER, 511 SECOND STREET, SUITES B-C, TO BE HELD BETWEEN THE HOURS OF 3:00 P.M. AND 11:00 P.M. PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #13-35
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA, APPROVING THE APPLICATION OF SOC 153, LLC DBA POUR HOUSE, FOR SPECIAL DESIGNATED LICENSE UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL, SERVE AND/OR CONSUME BEER, WINE, AND DISTILLED SPIRITS ON DECEMBER 14, 2013 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF THE HISTORIC WARREN BUILDING/SAN CARLO ROOM/WELCOME CENTER, 511 SECOND STREET, SUITES B-C, TO BE HELD BETWEEN THE HOURS OF 3:00 P.M. AND 12:00 P.M. MIDNIGHT PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion was made by Krause, seconded by Drake, to adopt Resolutions #13-33, #13-34, and #13-35, approving SDLs as applied for by SOC153 dba Pour House for events to be held October 15th, November 1st, and December 14th. On roll call voting aye, Schrock, Ryan, Drake, Krause. Nays none. Motion carried.
Utilities Superintendent, Patrick Gates gave his report. (Copy is attached.) Patrick Gates reported that he found and purchased a 2006 Chevy Colorado crew cab pickup for $11,000 at Nebraska Surplus Center.
Mr. Gates reported on the status of the paving project. The project is primarily complete. Remaining on the project is some seeding and additional repair work that will be started upon completion of a job the contractor has in Beatrice.
Patrick Gates informed the Mayor and Council that he received an amendment to the letter agreement dated May 30, 2012 for professional engineering services in connection with the construction phase for the Friend Paving Improvements Project from Kirkham Michael. After discussion, motion was made by Schrock, seconded by Drake, to accept Amendment No. 2, Agreement for Professional Construction Engineering Services, Friend Paving Improvements Project from Kirkham Michael for construction phase services for a lump sum fee of an additional Six Thousand Nine Hundred Dollars ($6,900.00). On roll call voting aye, Ryan, Krause, Drake, Schrock. Nays none. Motion carried.
The new playground equipment has been installed and is in use. Additional improvements for the park were discussed, including adding a sidewalk around the perimeter and installing underground sprinklers. Mayor Vossler said he had been approached about the possibility of relocating the monument that is currently in place at the library to the park near the cannon, along with the addition of a flag pole.
Jim Ryan attended the meeting on behalf of the Community Redevelopment Authority. Mr. Ryan reported that the sewer project on the north side of Highway 6 is complete and the CRA wishes to turn ownership of this improvement over to the City. He also presented to the Mayor and Council for their review a recap of this project and suggested billings. Krause motioned to accept ownership of the sewer improvements along Highway 6 recently completed for Hulse (TIF benefit), Drake, Clouse, and Ricenbaw properties, which motion was seconded by Schrock. On roll call voting aye, Drake, Ryan, Schrock, Krause. Nays none. Motion carried.
Discussion was had relating to the Page Street paving project and steps necessary to determine length and terms of assessments for this project.
Attorney Mullally announced that he received a closing letter relating to projects recently completed to ensure the city’s compliance with the ADA and commended Patrick Gates for his efforts in making this happen.
Bill Voss attended the meeting to answer questions anyone might have relating to a building permit application submitted by Citizens State Bank. After discussion, Council had no objections to this building permit being granted to Citizens State Bank for demolition of 142 Maple Street and cutting the curb in this area so that a drive-through and an ATM can be installed.
Representing the Community Redevelopment Authority, Jim Ryan requested the Mayor and Council consider selling city property located on Maple Street and Highway 6. Discussion was had relating to the legal process that would be necessary for such sale. Motion was made by Drake, seconded by Ryan, to initiate the process to sell city property located on Maple Street and Highway 6 (with required publications, advertising for sealed bids, etc.) with the city maintaining authority to reject any and all bids. On roll call voting aye, Krause, Schrock, Ryan, Drake. Nays none. Motion carried.
Mayor Vossler gave his recommendation to the Council for a vacancy on the Warren Memorial Hospital Board created by the resignation of Ron Corbett. Motion was made by Schrock, seconded by Drake, to accept and approve Mayor Vossler’s recommended appointment of Jen Stutzman to the Warren Memorial Hospital Board to complete Ron Corbett’s term through December 2014. On roll call voting aye, Ryan, Krause, Drake, Schrock. Nays none. Motion carried.
Continued discussion was had relating to city employee wage increases. Motion was made by Drake, seconded by Schrock to approve the following wages for city employees: Billy Baugh (hourly) $14.65/hr., Dave Domeier (hourly) $15.78/hr., Patrick Gates $23.60/hr., Debbie Gilmer (hourly) $16.10/hr., Kim Goossen (hourly) $11.10/hr., Mark McFarland $21.30/hr., Ryan Yoder (hourly) $15.60/hr. On roll call voting aye, Ryan, Krause, Schrock, Drake. Nays none. Motion carried.
No further business to come before the City Council, motion was made by Krause, seconded by Ryan, to adjourn the meeting. On roll call voting aye, Drake, Schrock, Ryan, Krause. Nays, none. Motion carried. Meeting adjourned at 8:08 p.m.