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09/04/2012 Regular Meeting

 

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

SEPTEMBER 4, 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, and Stanley Krause.  Phyllis Ryan was absent.  Attorney Mullally was also 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. 

 

Motion was made by Drake, seconded by Krause, to open the public hearing to receive comments relating to the property tax request for 2012-2013, and to receive comments relating to the proposed 2012-2013 budget.  On roll call voting aye, Schrock, Krause, Drake.  Nays none.  Ryan absent.  Motion carried.  Public hearing opened at 7:01 p.m.

 

Mayor Vossler announced that public comments would be received at this time. None offered.

 

Motioned by Schrock, seconded by Krause, to approve the minutes of the August 7, 2012 regular meeting as presented and file same.  On roll call voting aye to approve the August 7, 2012 regular meeting minutes, Drake, Krause, Schrock.  Nays none.  Ryan absent.  Motion carried.

 

Motion was made by Krause, seconded by Schrock to approve the WMH Financial Statements for July 2012.  On roll call voting aye, Drake, Schrock, Krause.  Nays none.  Ryan absent.  Motion carried.

 

A motion was made by Schrock, seconded by Drake, 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, Krause, Drake, Schrock  Nays none.  Ryan absent.  Motion carried.

 

The claims approved were as follows:  August Payroll, 31,502.81; Ameritas, 3517.16; EFTPS, 9313.08; Aflac Insurance, 52.78; ACCO, su 1036.00; All You, su 17.00;  BVH, su 2.18; Baker & Taylor, su 619.39; Beaver Hardward, su 27.00;  Black Hills Energy, fe 150.05; Blue Blossom, fe 50.00; Blue Cross/Blue Shield, fe 5308.93; Brothers Equip, su 25.40; Central States, se & su 20,526.36; Keith Clouse, fe 250.00; CRA, re 8084.45; Culligan, su 52.50; D&D, su 107.00; Diode Comm, fe 35.45; Drakes, se 278.00; Eakes, su 187.41; EMP, su 29.45; EMS, se 264.50; Exeter Lumber, su 209.44; Farmer’s Coop, se/su 2614.61; Gene’s Electric, se & su 6315.74; Great Plains, se 18.51; Hydraulic Equip, se 1942.06; Johnsons, su 118.25; Jr. Library Guild, su 54.72; Kirkham Michael, fe 41,475.00; Dale Lawver, se 1142.64; League of NE Muni, fe 699.00; Ronald McConnell, se 240.00; Menards, su 717.14; Michael Mullally, fe 800.00; NE Dept of HHS, se 415.00; NE Dept of Rev, SWH 1308.04, fe 25.00; NE Environmental Prod, su 425.22; NE Public Power, se 87,483.17; Norris Public Power, se 5693.60; Pioneer Publishing, su 122.48; Platte Valley, se 118.00; Potter Farms, su 322.50; Principal Mutual, fe 104.48; Seward Independent, fe 201.05; Shell, su 246.49; Sid Dillon, se 749.78; Marvin Slepicka, fe 1000.00; Steve’s Repair, se 93.84; The Garbage Co, se 231.99; Verizon, se 584.01; Windstream, se 856.75.  Total Claims Approved $237,765.41.

 

Motion was made by Schrock, seconded by Drake, to close the public hearing to receive comments relating to the property tax request for 2012-2013, and the proposed 2012-2013 budget.  On roll call voting aye, Krause, Drake, Schrock.  Nays none.  Ryan absent.  Motion carried. 

 

Proposed Resolution #12-29 was introduced and read by Mayor Vossler.

 

RESOLUTION NO. 12-29

WHEREAS, Nebraska Revised Statute 77-1601.02 provides that the property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization unless the Governing Body of the City of Friend passes by a majority vote a resolution or ordinance setting the tax request at a different amount; and

WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and

WHEREAS, it is in the best interests of the City of Friend that the property tax request for the current year be a different amount than the property tax request for the prior year.

NOW, THEREFORE, the Governing Body of the City of Friend, by a majority vote, resolves that:

 

1.         The 2012-2013 property tax request be set at $270,045.43.

2.         A copy of this resolution be certified and forwarded to the County Clerk on or before October 13, 2012.

 

Motion was made by Krause, seconded by Schrock to approve Resolution #12-29 relating to the 2012-2013 property tax request of $270,045.43.  On roll call voting aye, Drake, Schrock, Krause.  Nays none.  Ryan absent.  Resolution #12-29 was passed and approved this 4th day of September, 2012.

 

Proposed Ordinance #12-728 was read by Mayor Vossler.  Councilman Schrock moved that the statutory rule requiring reading on three different days be suspended.  Councilman Drake seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows:  Members voting aye, Krause, Drake, Schrock.  Members voting nay, none.   Ryan absent.  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. 12-728

AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES; TO PROVIDE FOR AN EFFECTIVE DATE.

 

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA:

 

Section 1.

That after complying with all procedures required by law, the budget presented and set forth in the budget statement is hereby approved as the Annual Appropriation Bill for the fiscal year beginning October 1, 2012 through September 30, 2013.  All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of Friend.  A copy of the budget document shall be forwarded as provided by law to the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska, and to the County Clerk of Saline County, Nebraska, for use by the levying authority.

Section 2.

This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

 

Councilman Drake moved for final passage of Ordinance Number 12-728, which motion was seconded by Councilman Krause.  On roll call voting aye, Schrock, Krause, Drake.  Voting nay, none.  Ryan absent.  The passage and adoption of said ordinance, having been concurred and by a majority of all Members of the City Council, Ordinance Number 12-728 was adopted this 4th day of September, 2012.

 

Proposed Resolution #12-30 was introduced and read by Mayor Vossler.

 

RESOLUTION # 12-30

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, 2012.

 

  • Citizens State Bank, submitted by Jim Niemeier
  • Farmers and Merchants Bank of Milligan, submitted by Melvin Taylor
  • Bank of Friend, submitted by Russ Kosch
  • First National Bank in Exeter, submitted by Todd Johnson
     

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, 2012, 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 the First National Bank in 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 Drake, seconded by Schrock, to approve proposed Resolution #12-30.  On roll call voting aye, Krause, Schrock, Drake.  Nays none.  Ryan absent.  Motion carried.  (Resolution #12-30 was passed and approved this 4th day of September 2012.)

 

Mayor Vossler introduced proposed Resolutions #12-31, #12-32 and #12-33.

 

RESOLUTION #12-31

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/SERVE/ CONSUME BEER, WINE AND DISTILLED SPIRITS ON OCTOBER 7, 2012 IN THE CITY OF FRIEND.  THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF WARREN BUILDING/ SAN CARLO ROOM, WELCOME CENTER AND GALLERY, 511 SECOND STREET, SUITES B, C AND D, 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 #12-32

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/SERVE/ CONSUME BEER, WINE AND DISTILLED SPIRITS ON OCTOBER 11, 2012 IN THE CITY OF FRIEND.  THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF WARREN BUILDING/ SAN CARLO ROOM, WELCOME CENTER AND GALLERY, 511 SECOND STREET, SUITES B, C AND D, TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. AND. 10:00 P.M. PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.

 

RESOLUTION #12-33

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 A SPECIAL DESIGNATED LICENSE UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL/SERVE/ CONSUME BEER, WINE AND DISTILLED SPIRITS ON OCTOBER 26, 2012 IN THE CITY OF FRIEND.  THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF WARREN BUILDING/ SAN CARLO ROOM, WELCOME CENTER AND GALLERY, 511 SECOND STREET, SUITES B, C AND D, TO BE HELD BETWEEN THE HOURS OF 4:00 P.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 #12-31, #12-32 and #12-33 approving Special Designated Liquor Licenses as applied for by SOC153 dba Pour House for events to be held October 7th, October 11th and October 26th was made by Schrock, seconded by Drake.  On roll call voting aye, Krause, Drake, Schrock.  Nays none.  Ryan absent.  Motion carried.

 

Utility Superintendent, Patrick Gates gave his report.  Mr. Gates said he had received recommendation from Kirkham Michael relating to the bids received for the Friend water storage tank painting project.  Rich Robinson, Project Manager from Kirkham was at the meeting and reviewed the four bids received for the above referenced project.  The bids received ranged from a low of $197,400 to a high of $439,620.  Since the low base and Alternate No. 2 bid was within reason of the Engineer’s estimate of $190,000, Mr. Robinson’s recommendation was that the award be made to Utility Service Company on their proposal of $205,400 for the base bid and Alternate No. 2 which is the bulldog logo and Friend lettering.  Motion was made by Krause, seconded by Schrock, to accept the recommendation of Rich Robinson,  Project Manager from Kirkham Michael, that the award for the Friend Water Storage Tank Painting Project be made to Utility Service Company on their proposal of $205,400 for the base bid and Alternate No. 2, which is the bulldog logo and Friend lettering.  On roll call voting aye, Drake, Schrock, Krause.  Nays none.  Ryan absent.  Motion carried.

 

Rich Robinson reported on the status of the street paving project.  Within the next few weeks plans and specifications should be ready to advertise for bids.   Construction is anticipated to begin in the spring. 

 

Patrick Gates reported to the Mayor and Council that there had been a water main break on 5th Street.  Gates also reported that the storage building at the wastewater plant needs a new roof and insulation.  Council directed Mr. Gates to check into the cost of making these repairs/improvements for their consideration at next month’s meeting.

 

Other items discussed during Patrick Gates’ report included sewer smoking that will be conducted toward the end of the month, and manholes needing attention/repair. 

 

Mark McFarland gave his police report.

 

Mark Stutzman, Building Inspector, gave his report.

 

Stan Krause reported on behalf of the Friend Volunteer Fire Department.

 

When asked if there was anything to report for Warren Memorial Hospital, Dan Drake said there were personnel issues to discuss in executive session.

 

 

April Christensen from Energy Pioneer Solutions attended the meeting for continued discussion of their services and to request the City of Friend enter into an agreement with Energy Pioneer Solutions, whereby EPS shall offer Friend ratepayers certain energy efficiency services and Friend shall assist EPS in its provision of and billing for such services and remit Qualifying Revenues to EPS once per month, commencing upon Friend’s completion of all internal work necessary to carry out its obligation under this agreement.  After discussion, motion was made by Drake, seconded by Schrock, to enter into a three year contract with Energy Pioneer Solutions relating to EPS offering their energy efficiency services to Friend customers, with Friend receiving compensation of $0.75 per participating customer per month for the service of billing EPS participating customers and submitting collected revenues monthly to EPS, subject to the approval of City Attorney Mike Mullally upon his review of this contract.  On roll call voting aye, Krause, Schrock, Drake.  Nays none.  Ryan absent.  Motion carried.

 

Jim Ryan attended the meeting to discuss the status of the Community Development Block Grant Economic Development Revolving Loan Program.

 

Motion to enter into executive session at 8:07 p.m. for discussion of employee salary increases was made by Drake, seconded by Krause.  On roll call voting aye, Schrock, Krause, Drake.  Nays none.  Ryan absent.  Motion carried.

 

Motion to reconvene regular session of the Friend City Council meeting was made by Krause, seconded by Schrock.  On roll call voting aye, Drake, Schrock, Krause.  Nays none.   Ryan absent.  Regular session resumed at 8:42 p.m.

 

Motion was made by Krause, seconded by Drake to table the agenda item of Employee Salary Increases until the October 2nd meeting.  On roll call voting aye, Schrock, Drake, Krause.  Nays none.  Ryan absent.  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, Krause, Drake, Schrock.  Nays, none.  Ryan absent.  Motion carried.  Meeting adjourned at 8:44 p.m.