03/06/2012 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
MARCH 6, 2012
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 City Clerk Debbie Gilmer recorded the proceedings. The following Councilmembers were present: Harlan Schrock, Dan Drake, Phyllis Ryan, and Stan Krause. 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. Ray Rohrig reported that it had been brought to his attention that part of the curb area of the designated handicapped parking space north of City Hall has been the cause of a number of individuals tripping and/or falling. Mr. Rohrig reported that the solid blue color of the curb gives it an appearance of being flat. After discussion it was suggested that the curb be outlined or highlighted with yellow paint to eliminate this problem.
Motioned by Drake, seconded by Schrock, to approve the Minutes of the February 7, 2012 regular meeting, and the February 2012 Treasurer's Report as presented and file same. On roll call voting aye to approve the February 7, 2012 regular meeting minutes, and the February 2012 Treasurer's Report, Ryan, Krause, Schrock, Drake. Nays none. Motion carried.
Motion was made by Krause, seconded by Drake, to approve the WMH financial statements submitted for the month of January 2012. On roll call voting aye, Schrock, Ryan, Drake, Krause. Nays none. Motion carried.
A motion was made by Krause, seconded by Schrock, 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, Drake, Ryan, Schrock, Krause. Nays none. Motion carried.
The claims approved were as follows: February Payroll, 29,341.27; Ameritas, 3816.82; EFTPS, 8877.81; Aflac Insurance, 306.84; BVH, su 5.96; Baker & Taylor, su 207.29; Black Hills Energy, fe 352.69; Blue Cross/Blue Shield, fe 3652.56; Central States, su 14,871.10; Keith Clouse, fe 250.00; CRA, fe 99.24; Crete True Value, su 44.99; Crist, Inc. se 3780.20; Lee DeBevoise, se 95.00; Demco, su 123.62; Diode Comm, fe 35.45; Discover, su 163.54; Eakes, su 23.94; Bonnie Felt, re 40.00; Field & Stream, su 11.97; Follett Software, se 829.00; Front Range Training, fe 750.00; Patrick Gates, re 535.19; Gene’s Electric, se & su 9323.00; Debbie Gilmer, re 146.00; HD Supply, su 2696.56; Debra Hulse, re 40.00; Jean’s Creative Sewing, se 108.75; Johnsons, su 58.35; Kelly Lueders, re 20.00; Kirkham Michael, fe 1500.00; Stan Krause, re 20.00; Jackie Larsen, re 87.30; League of NE Muni, fe 925.00; Joseph Lorenz, re 20.00; Menards, su 169.04; Midwest Labs, se 109.74; Michael Mullally, fe 1488.00; NE DHHS, fe 40.00; NE Dept of Rev, SWH 1296.01 & ST 5908.92; NE Public Health, se 32.00; NE Public Power, se 63,957.15; Natl Arbor Day, fe 15.00; NMCA, fe 25.00; Norris Public Power, se 5422.56; Mike Paulsen, re 40.00; Office Cash, re 95.80; Principal Mutual, fe 86.30; Reiman Publ, su 14.98; Mindy, Rohrig, re 120.00; Ray Rohrig, re 140.00; Phyllis Ryan, re 96.02; Marvin Slepicka, fe 1000.00; Kathy Spicka, re 121.00; Jared Stutzman, se 40.00; The Garbage Co, se 227.76; Sara Thomsen, re 121.00; Verizon, se 594.66; Jim Vossler, re 111.68; WEF, fe 96.00; Windstream, se 831.18. Total Claims Approved $165,359.24.
Proposed Resolutions #12-05 and #12-06 were introduced and read by Mayor Vossler.
RESOLUTION #12-05
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 A SPECIAL DESIGNATED LICENSE UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL BEER, WINE AND DISTILLED SPIRITS ON MARCH 24, 2012 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF WARREN BUILDING/HISTORICAL SOCIETY, 511 SECOND STREET, SAN CARLO ROOM/WELCOME CENTER, SUITE B AND C, TO BE HELD BETWEEN THE HOURS OF 12:00 P.M. NOON AND. 12:00 A.M. MIDNIGHT PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #12-06
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 A SPECIAL DESIGNATED LICENSE UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL BEER, WINE AND DISTILLED SPIRITS ON APRIL 14, 2012 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF WARREN BUILDING/HISTORICAL SOCIETY, 511 SECOND STREET, SAN CARLO ROOM/WELCOME CENTER/MARY MARY QUITE CONTRARY GALLERY, SUITE B, C AND D, TO BE HELD BETWEEN THE HOURS OF 10:00 A.M. AND. 10:00 P.M. PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolutions #12-05 and #12-06 was made by Drake, seconded by Ryan. On roll call voting aye, Schrock, Ryan, Drake. Krause abstained. Nays none. Motion carried and Resolutions #12-05 and #12-06 were passed and approved this 6th day of March 2012.
Mayor Vossler read Ordinance #12-725. Councilman Schrock moved that the statutory rule requiring reading on three different days be suspended. Councilman Drake seconded the motion and upon roll call, voting on the motion was as follows: Members voting aye, Ryan, Krause, Drake, Schrock. Members voting nay, none. The motion to suspend the rule was adopted by at least three-fourths of the Council and the statutory rule requiring reading on three different days was declared suspended for consideration of Ordinance #12-725.
ORDINANCE NO 12-725
AN ORDINANCE DECLARING THE CREATION AND DEDICATION TO THE PUBLIC OF A STREET LOCATED WITHIN THE CITY OF FRIEND, NEBRASKA; TO DESIGNATE THE NAME OF THE STREET AND THE LOCATION THEREOF; AND TO PROVIDE FOR A TIME WHEN THIS ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA:
Section 1. STREET CREATED AND DEDICATED; LOCATION. That the City Council of City of Friend hereby creates and dedicates, to the use of the public, a street, to be 60 feet in width, running generally in a north-south direction, intersecting and located upon the following described real property:
That part of the North Half of the Northeast Quarter of Section 22, Township 8 North, Range 1, East of the 6th P.M., Saline County, Nebraska, more particularly described as follows: Beginning at a point 1,233 feet West of the Section line between Sections 22 and 23, Township 8 North, Range 1, East of the 6th P.M., Saline County, Nebraska, and in a line with the North line of Third Street in Friend, Nebraska, thence North parallel with said Section line 514.7 feet to the B & N Railroad Right of Way, thence Southwest along the South line of said Right of Way 112.4 feet, thence South 505.2 feet, to a point in line with the North line of said Third Street, thence East on said line 112.4 feet to the place of beginning, except such portion thereof as has been condemned by the City of Friend, Saline County, Nebraska, by the Return of Commissioners appointed for that purpose, which return Is dated October 18, 1933, and filed for record in Book 11, Page 615, of Miscellaneous Real Estate Records in the Office of the Register of Deeds of Saline County, Nebraska.
Section 2. NAME OF STREET; MAINTENANCE AS PUBLIC THOROUGHFARE. The name of the street so created and dedicated shall be called “Country Lane”. Such street shall be maintained and improved from time to time at the discretion of the City, and shall at all times be used as a [public thoroughfare and right-of-way for the general public, with the City reserving the perpetual right and easement for the location of utilities and other municipal improvements located within the area of the street.
Section 3. FILING AND RECORDING. A certified copy of this Ordinance under the Seal of the City of Friend, Nebraska, shall be filed with the office of the County Clerk of Saline County, Nebraska.
Section 4. PUBLICATION; WHEN OPERATIVE. This ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law and city Ordinance.
Motion to adopt Ordinance #12-725 relating to declaring creation of and dedication of a street to be known as Country Lane was made by Schrock, seconded by Drake. On roll call voting aye, Ryan, Krause, Drake, Schrock. Nays none. Motion carried. Ordinance #12-725 adopted this 6th day of March, 2012.
Mayor Vossler read Ordinance #12-726. Councilman Krause moved that the statutory rule requiring reading on three different days be suspended. Councilman Ryan seconded the motion and upon roll call, voting on the motion was as follows: members voting aye, Drake, Krause, Ryan. Members voting nay, none. Schrock abstained The motion to suspend the rule was adopted by at least three-fourths of the Council and the statutory rule requiring reading on three different days was declared suspended for consideration of Ordinance #12-726.
ORDINANCE NO 12-726
AN ORDINANCE VACATING THAT PORTION OF PINE STREET BETWEEN “A” AND “B” STREETS, GENERALLY ADJOINING LOTS 49 THROUGH 55, AND LOTS 75 THROUGH 81 OF THE ORIGINAL TOWN OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA; AND TO PROVIDE FOR A TIME WHEN THIS ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA:
Section 1. Vacating of Street. That portion of Pine Street between “A” and “B” Streets, generally adjoining lots 49 through 55, and lots 75 through 81 of the Original Town of the City of Friend, Saline County, Nebraska is hereby vacated and closed subject to the reservations contained in Section 2 of this Ordinance.
Section 2. Reservation of Easements. The City of Friend retains the right to inspect, maintain, operate, repair, and replace, and the right of ingress and egress, by itself or by any licensee or agent, any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility now located in the street or any portion thereof vacated by this Ordinance.
Section 3. Public Interest. That it is deemed advantageous and in the public interest, safety, welfare and convenience to vacate said street and that upon vacation the street shall revert to the owners of the adjacent real estate to one-half on each side thereof. No damages to the citizens or the adjoining owners are found to have occurred or are likely to occur in the future by virtue of this vacation.
Section 4. Repeal. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 5. When Operative. This Ordinance shall be in full force. And effect from and after its passage, approval and publication in pamphlet form as provided by law.
Motion to adopt Ordinance #12-726 to vacate a portion of Pine Street between A Street and B Street was made by Drake, seconded by Krause. On roll call voting aye, Ryan, Drake, Krause. Nays none. Schrock abstained. Ordinance #12-726 was passed and approved this 6th day of March 2012.
Patrick Gates gave his utility report. Gates discussed with the Mayor and Council the county/city paving project on the east side of Friend. After discussion, it was agreed to have Attorney Mike Mullally prepare the necessary paperwork/ordinance to be considered at the April 3, 2012 meeting relating to forming district(s) and assessments to property owners for this project.
Regarding the city-wide street improvement/repair project, Gates reported that Bill Abts, bond underwriter from Ameritas will be attending the April 3, 2012 meeting to discuss funding options for this project.
Stanley Krause reported on behalf of the Friend Volunteer Fire Department.
Dan Drake reported on behalf of Warren Memorial Hospital.
Discussion was had regarding an interlocal agreement to create a mutual finance organization as authorized by the Nebraska Municipal Finance Assistance Act. Motion was made by Schrock, seconded by Drake, to enter into agreement by and between certain cities, villages and rural fire protection districts of the State of Nebraska to create a mutual finance organization, known as the Saline County Rural Fire Protection Mutual Finance Organization, as authorized by the Nebraska Municipal Finance Assistance Act by authorizing Mayor Vossler to sign necessary documentation upon receipt. On roll call voting aye, Drake, Ryan, Schrock. Nays none. Krause abstained. Motion carried.
No further business to come before the City Council, motion was made by Schrock, seconded by Drake, to adjourn the meeting. On roll call voting aye, Ryan, Krause, Drake, Schrock. Nays none. Motion carried. Meeting adjourned at 8:05 p.m.