09/06/2011 Regular Meeting
FRIEND
MINUTES-REGULAR MEETING
September 6, 2011
Mayor, Jim Vossler, presided and City Clerk, Debbie Gilmer, recorded the proceedings. The following Councilmembers were present: Stan Krause, Dale Lawver, Dan Drake, Harlan Schrock. Attorney Mike Mullally was absent. 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 Schrock, to open the public hearing to receive comments relating to the property tax request for 2011-2012, and to receive comments relating to the proposed 2011-2012 budget. On roll call voting aye, Lawver, Krause, Schrock, Drake. Nays none. Motion carried. Public hearing opened at 7:05 p.m.
Mayor Vossler announced that public comments would be received at this time. No comments offered.
Motioned by Krause, seconded by Lawver to approve the Minutes of the August 2, 2011 regular meeting, the August 15, 2011 special meeting, and the August 2011 Treasurer's Report as presented and file same. On roll call voting aye to approve the August 2, 2011 regular meeting minutes, the August 15, 2011 special meeting minutes, and the August 2011 Treasurer's Report, Drake, Schrock, Lawver, Krause. Nays none. Motion carried.
Motion was made by Drake, seconded by Schrock, to approve the Warren Memorial Hospital Financial Statements as submitted for July 2011. On roll call voting aye to approve the Warren Memorial Hospital Financial Statements as submitted for July 2011, Lawver, Krause, Schrock, Drake. Nays none. 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, Lawver, Drake, Schrock. Nays none. Motion carried.
The claims approved were as follows: August Payroll, 34,955.67; Aflac, fe 153.42; Ameritas, 3933.15; EFTPS, 9542.54; Acco, su 1252.80; BVH, su 4.36; Baker & Taylor, su 279.02; Beaver Hardware, su 18.80; Black Hills Ammunition, su 369.50; Black Hills Energy, fe 176.12; BCBS of NE, fe 3752.92; Central States Labs, su 11,294.55; Keith Clouse, fe 250.00; CRA, 727.91; Computer Tutor, fe 225.00; Culligan, se &,su 78.00; Danko, su 54.74; Diode Communications, se 35.00; EMC Insurance, fe 29,525.00; EMS Billing, se 9.03; Eakes, su 43.36; Farmers Coop, se/su 2583.75; Gene’s Electric, se 3919.55; Good Housekeeping, su 19.97; Great Plains, se 21.84; Heiman, Inc. su 4704.15; Johnson Pharmacy, su 29.04; Jr. Library Guild, su 80.34; Kirkham Michael, fe 816.00; Konica Minolta, se 79.20; Jackie Larsen, re 28.97; Dale Lawver, se 1233.91; League of NE Muni, fe 657.00 & 1584.00; Ronald McConnell, se 240.00; Midwest Labs, se 305.54; Milligan Farming, se 225.00; Michael Mullally, fe 990.00; NE Dept of Rev, fe 25.00 & ST 8467.69; NE Public Health Lab, fe 970.00; NE Public Power, se 81,033.13; NMC, se 665.78; Norris Public Power, se 4775.55; Oprah Magazine, su 19.97; Penguin Comm, se 973.00; Postmaster, 233.00; Pioneer Publishing, fe 133.00; Principal, Mutual, fe 99.18; Romans, Wiemer & Assoc, fe 1075.00; Ross Repair, se 57.00; Sargent Drilling, fe 800.00; Shell Fleet, su 376.25; Sioux Sales, su 84.85; Marvin Slepicka, fe 1000.00; Steve’s Repair, se 80.86; Stutzman Digging, se 5017.25; The Garbage Co, se 227.76; SENDD, fe 4771.50; Seward Cnty Ind, fe 119.59; Verizon Wireless, se 542.98; Windstream, se 840.39. Total Claims Approved $226,587.88.
Mayor Vossler shared with the Council a note of thanks and appreciation from New Life Community Church to Patrick Gates for his help and support in preparing for their July 23rd block party.
Proposed Resolution #11-23 was introduced and read by Mayor Vossler.
RESOLUTION # 11-23
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, 2011.
- 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, 2011, 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 Lawver, to approve proposed Resolution #11-23. On roll call voting aye, Schrock, Krause, Lawver, Drake. Nays none. Motion carried. (Resolution #11-23 was passed and approved this 6th day of September 2011.)
Proposed Resolution #11-24 was introduced and read by Mayor Vossler.
This resolution designates authorized signatures at the First Bank of Friend for certain transactions made on behalf of the City of Friend. Authorized signatures are of James Vossler (Mayor), Debbie Gilmer (City Clerk), Viola Foley (Bookkeeper), and Stanley Krause (Council President). Motioned by Krause, seconded by Schrock, to adopt Resolution #11-24 designating authorized signatures on behalf of the City of Friend of James Vossler (Mayor), Debbie Gilmer (City Clerk), Viola Foley (Bookkeeper), and Stanley Krause (Council President), for certain transactions at the First Bank of Friend.
Proposed Resolutions #11-25 through #11-32 were introduced by Mayor Vossler.
RESOLUTION #11-25
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 SEPTEMBER 23, 2011 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, SUITE B-C-D TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. AND. 12:00 A.M. MIDNIGHT PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #11-26
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 SEPTEMBER 24, 2011 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, SUITE B-C-D TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. AND. 12:00 A.M. MIDNIGHT PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #11-27
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 SEPTEMBER 30, 2011 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, SUITE B-C-D TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. AND. 12:00 A.M. MIDNIGHT PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #11-28
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 OCTOBER 1, 2011 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, SUITE B-C-D TO BE HELD BETWEEN THE HOURS OF 3:00 P.M. AND. 12:00 A.M. MIDNIGHT PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #11-29
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 OCTOBER 22, 2011 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, SUITE B-C-D TO BE HELD BETWEEN THE HOURS OF 3:00 P.M. AND. 12:00 A.M. MIDNIGHT PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #11-30
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 OCTOBER 28, 2011 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, SUITE B-C-D TO BE HELD BETWEEN THE HOURS OF 3:00 P.M. AND. 1:00 A.M. PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #11-31
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 BEER, WINE AND DISTILLED SPIRITS ON NOVEMBER 4, 2011 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, SUITE B-C-D TO BE HELD BETWEEN THE HOURS OF 3:00 P.M. AND. 1:00 A.M. PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
RESOLUTION #11-32
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 BEER, WINE AND DISTILLED SPIRITS ON OCTOBER 2, 2011 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, SUITE B-C-D TO BE HELD BETWEEN THE HOURS OF 3:00 P.M. AND. 9:00 P.M. PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to approve proposed Resolutions #11-25 through #11-32 was made by Drake, seconded by Schrock. On roll call voting aye, Lawver, Krause, Schrock, Drake. Nays none. Motion carried.
Patrick Gates gave his report. Gates provided the Mayor and Council with a copy of the annual agreement with Friend School for use of the city ballfield. After discussion and review, motion was made by Schrock, seconded by Lawver, to approve the City enter into this agreement with Friend Public School relating to use of the city ballfield by authorizing Mayor Vossler to sign said agreement. On roll call voting aye, Drake, Krause, Lawver, Schrock. Nays none. Motion carried.
Police Chief, Mark McFarland had nothing to report.
Building Inspector, Mark Stutzman informed the Mayor and Council that the Planning Commission met relating to a building permit application submitted by Roger Rotschafer. At the recommendation of the Planning Commission, Stutzman reported that he would approve Rotschafer’s application.
Dan Drake reported on behalf of the hospital.
Gayla Drake and Chere Tuttle attended the meeting as representatives of the Friend Chamber of Commerce. Mrs. Drake and Mrs. Tuttle presented to the Mayor and Council a sketch of a proposed welcome sign for Friend. Discussion was had relating to the sign design, as well as the possibility of the City contributing funds from recently received monies from the Johnson Trust. No action was taken at this time and direction was made to place this item on the October 4th Friend City Council meeting agenda for further consideration.
Motion was made by Drake, seconded by Lawver to accept and execute a lease agreement with Southeast Nebraska Development District relating to an outdoor warning system project. On roll call voting aye, Schrock, Krause, Lawver, Drake. Nays none. Motion carried.
Motion was made by Krause, seconded by Drake to approve rent/match submittal in the amount of $4771.50 to Southeast Nebraska Development District relating to the outdoor warning system project and to remit to SENDD by October 1st, 2011. On roll call voting aye, Lawver, Schrock, Drake, Krause. Nays none. Motion carried.
Motion was made by Schrock, seconded by Lawver, to close the public hearing to receive comments relating to the property tax request for 2011-2012, and the proposed 2011-2012 budget. On roll call voting aye, Krause, Drake, Lawver, Schrock. Nays none. Motion carried. Public hearing closed at 7:47 p.m.
Proposed Resolution #11-22 was introduced and read by Mayor Vossler.
RESOLUTION #11-22
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 2011-2012 property tax request be set at $270,457.92.
2. A copy of this resolution be certified and forwarded to the County Clerk on or before October 13, 2011.
Motion was made by Drake, seconded by Krause to approve Resolution #11-22 relating to the 2011-2012 property tax request of $270,457.92. On roll call voting aye, Schrock, Lawver, Krause, Drake. Nays none. Resolution #11-22 was passed and approved this 6th day of September, 2011.
Proposed Ordinance #11-722 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, Lawver, Drake, Schrock. 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 #11-722
AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION
BE IT ORDAINED BY THE MAYOR
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, 2011 through September 30, 2012. All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of
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 Lawver moved for final passage of Ordinance Number 11-722, which motion was seconded by Councilman Krause. On roll call voting aye, Drake, Schrock, Krause, Lawver. Voting nay, none. The passage and adoption of said ordinance, having been concurred and by a majority of all Members of the City Council, Ordinance Number 11-722 was adopted this 6th day of September, 2011.
Mayor Vossler gave the Council his recommendation for appointment of Dave McCracken to the Planning Commission to complete the term of Jean Talley, who recently submitted a letter of resignation from the Planning Commission to Mayor Vossler. Motion to accept Mayor Vossler’s recommendation for appointment of Dave McCracken to the Planning Commission was made by Krause, seconded by Lawver. On roll call voting aye, Drake, Schrock, Lawver, Krause. Nays none. Motion carried.
Motion to enter into executive session at 7:58 p.m. for discussion of personnel issues was made by Schrock, seconded by Krause. On roll call voting aye, Drake, Lawver, Schrock, Krause. Nays none. 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, Krause, Lawver, Drake, Schrock. Nays none. Regular session resumed at 9:02 p.m.
Motion was made by Krause, seconded by Lawver to table the agenda item of Employee Salary Increases until the October 4th meeting. On roll call voting aye, Schrock, Drake, Krause, Lawver. Nays none. Motion carried.
No further business to come before the City Council, motion was made by Lawver, seconded by Krause, to adjourn the meeting. On roll call voting aye, Drake, Schrock, Krause, Lawver. Nays none. Motion carried. Meeting adjourned at 9:04 p.m.