04/06/2010 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
APRIL 6, 2010
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: Stanley Krause, Dan Drake, Dale Lawver, and Harlan Schrock. 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.
Mayor Vossler announced that public comments would be accepted at this time. Barb Himmelberg was in attendance and addressed the Mayor and Council by stating she had come to them approximately a year ago with complaints about properties along State Street, between 1st and 6th Streets. Mrs. Himmelberg wanted to know if or when anything was going to be done about some of these properties, as the matters she had complained about have either not changed or have gotten worse. Mrs. Himmelberg explained that there are five trailer houses (campers) on this street and stated it was her understanding that the City had an ordinance in place prohibiting campers from being in yards or in driveways. Mayor Vossler said Police Chief, Mark McFarland, has been in contact with some of these property owners, either verbally or by mailing letters, regarding some of these issues and has had some success, and anticipates more, in getting these areas cleaned up. Relating to the camper issue, Mayor Vossler stated that it is allowable to park campers on your property providing the person claiming residence at the property address is the owner of the camper.
Mrs. Himmelberg complimented Patrick Gates and his crew for the outstanding job they did with snow removal this year.
Motioned by Drake, seconded by Lawver to approve the Minutes of the February 9, 2010 special meeting, the March 2, 2010 regular meeting, and the March 2010 Treasurer's Report as presented and file same. On roll call voting aye to approve the February 9, 2010 special meeting, the March 2, 2010 regular meeting minutes, and the March 2010 Treasurer's Report, Schrock, Lawver, Krause, Drake. Nays none. Motion carried.
A motion was made by Krause, seconded by Schrock, to approve the Warren Memorial Hospital Financial Reports for February 2010. On roll call voting aye, Lawver, Drake, Schrock, Krause. Nays none. Motion carried.
A motion was made by Lawver, 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, Lawver. Nays none. Motion carried.
The claims approved were as follows: March Payroll, 29,045.95; Ameritas, 2564.53; EFTPS, 7791.66; Baker & Taylor, su 228.77; Black Hills Energy, se 817.38; Beatrice Concrete, su 292.50; Brothers Equip, su 26.57; Central States, su, 20,081.06; Chief Supply, su 267.88; Keith Clouse, fe 250.00; CRA, 925.93; Computer Tutor, fe 5500.00; Culligan, se 45.00; Discover, su 843.47; EMS, se 370.79; Eakes, su 60.61; Exeter Lumber, su 127.20; Farmers Coop, su & se 1844.53; Farmers & Merchants Bank, inv. 5,000.00; Follett Software, su 829.00; FVFD, re 345.00; Galaxy Cable, se 39.95; Gene’s Electric, se & su 29,511.95; Great Plains One Call, fe 8.32; HRW, re 2585.00; Hampton Inn, 121.90; Johnson Pharmacy, su 143.32; Jr Library Guild, su 38.16; Konica, fe 73.05; Jackie Larsen, re 46.41; Menards, su 751.00; Chris Michl, se 445.20; Midwest Labs, se 109.34; Michael Mullally, fe 390.00; Muni Clerk Institute, fe 230.00; NE Muni Power Pool, se 615.45; NE Dept of HHS, fe 1150.51; NE Dept of Rev, SWH, 1033.74, Sales & Use Tax, 5657.92; NE Public Health Env, se. 692.00; NE Public Power, se 34,992.76; Nick’s Farm Store, su 74.09; Norris Public Power, se. 5751.20; Postmaster, 192.20; Principal Mutual, fe 4285.09; Quality Inn, 60.95; Mindy Rohrig, re 211.20; Roth & Troyer, se 2784.00; Saline County Clerk, fe 6.00; Saline County Treasurer, fe 2477.60; Shell Fleet Plus, su 274.81; Marvin Slepicka, fe 750.00; Sports Supply, su 538.81; TV Service, se 140.43; The Depository Trust, fe 13,612.50; The Garbage Co, se 203.07; The Library Store, su 86.77; Verizon, se 437.24; WEF, fe 93.00; Wild Radiator Repair, se 125.00; Windstream, se 839.53; Young’s Welding, se 329.89. Total Claims Approved $189,167.19.
Dale Lawver said the city-wide cleanup will be May 1st.
Mayor Vossler said he has been approached about the annual Arbor Day celebration. Arbor Day is April 30th and as the Boy Scouts will be celebrating their 100 year anniversary, Mayor Vossler said it has been suggested that a tree be planted and dedicated to them.
Mayor Vossler introduced proposed Resolution No. 10-03, application of American Legion Post #183 for a special designated permit to sell liquor at their Rocky Mountain Oyster Feed April 23, 2010.
RESOLUTION NO. 10-03
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA, APPROVING THE APPLICATION OF THE FRIEND LEGION POST #183, FOR A SPECIAL DESIGNATED PERMIT UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL LIQUOR, BEER AND WINE AT THE LEGION’S ROCKY MOUNTAIN OYSTER FEED TO BE HELD ON APRIL 23, 2010 TO APRIL 24, 2010 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED PERMIT TO BE LIMITED TO THE INSIDE AREA OF THE LEGION HALL LOCATED AT 136 MAPLE STREET FOR THE LEGION’S ROCKY MOUNTAIN OYSTER FEED TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. ON APRIL 23, 2010 AND 1:00 A.M. ON APRIL 24, 2010, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution No. 10-03 was made by Schrock, seconded by Krause. On roll call voting aye, Drake, Schrock, Krause, Lawver. Nays none. Motion carried. Resolution No. 10-03 was adopted this 6th day of April, 2010.
Patrick Gates, Utilities Superintendent, gave his report. Regarding the Safe Routes to School project, Gates reported that the requirements for this continue to change. New federal guidelines are requiring the “responsible charge” to perform daily inspections and reports. Tom Ourada, the individual considering taking on the duties of “responsible charge” for this project has communicated to Gates that he does not feel it will be feasible for him to achieve daily inspections and reporting for Friend’s project. Other requirements include developing and implementing civil rights act policies and procedures, as well as certain ADA policies and procedures, both requiring annual reporting. Taking into account these new requirements, along with the fact that we still have no commitment for a responsible charge, Gates suggested to the Mayor and Council that they consider abandoning this project. After discussion, motion was made by Lawver to abandon the Safe Routes to School project through the Nebraska Department of Roads, as requirements have become extremely challenging and seemingly unattainable. Motion was seconded by Schrock. On roll call voting aye, Krause, Lawver, Drake, Schrock. Nays none. Motion carried.
Gates said the State made an inspection of the new well and no major issues were reported. A few of the items to address include heaters on the floor and changing the door to be out-swinging. Gates said the well was pumping 900 gallons at 100 psi. Overall the inspection went well.
Relating to the wastewater project, Gates said the ultraviolet disinfection part of the project will be installed and is scheduled for start-up on Friday. Gates said there is a bit of dirt work needing to be done before the fence can be put up. Once this is done this project will be complete.
Patrick Gates informed the Mayor and Council that a pre-construction meeting for the Chestnut Street culvert project is scheduled for next Tuesday. Deadline for completion of this project is April 30th.
Mayor Vossler informed Patrick Gates that Kevin Hulse inquired about sewer hookup for his new building on 1st Street. Gates said there is no place for him to tie into at this location for sewer, but he believes the CRA may be considering putting sewer across the highway, from the corner where Miller Agri Sales is located, to Brothers Equipment, and then toward Hardwood Artisan.
Discussion was had relating to electrical service for Milton’s new bin site. Discussion included upsizing the wire (enabling it to one day be looped and to allow for the cell tower), the City’s share of the cost, how similar situations have been handled in the past, etc. After lengthy discussion, Patrick Gates was requested to collect usage information from past utility bills for the bin site. Gates will gather this information and compile a cost/revenue analysis, as has been the past practice. No action taken at this time.
Building Inspector, Mark Stutzman, gave his report. Stutzman informed the Mayor and Council of two building permit applications that he recently approved. One is for the Miltons, the other is for Kevin Hulse for a building on 1st Street. Mark reported that he has received an application to move a building into town and place it on an existing slab. As the slab has no footings, Stutzman doesn’t feel the application can be approved as it does not meet the requirements for frost footings.
Mark Stutzman requested approval from the Mayor and Council to reprint an article that he published in the Friend Sentinel a year ago reminding residents when a building permit is required. Mayor Vossler and Council had no objections.
Fire Chief, Brent Milton, introduced Craig Vyhnalek from First State Insurance Agency. Mr. Vyhnalek was in attendance to discuss a possible replacement insurance policy for the FVFD’s current insurance. Mr. Vyhnalek reported to the Mayor and Council that Continental Western has a specialty insurance, specifically for fire departments, called Fire Pack. Vyhnalek continued by saying every fire department in Saline County, with the exception of Crete at this time, carries Fire Pack Insurance. Some specific benefits with Fire Pack insurance as explained by Mr. Vyhnalek are as follows:
- Any fire fighting apparatus (vehicle) up to 20 years old at the time the policy is written would have replacement cost coverage.
- Inland marine coverage, which is loose equipment such as bunker gear, air packs, pagers, radios, etc., is written on a blanket policy under a total dollar amount, with replacement cost coverage. Vyhnalek said the FVFD’s current policy requires each item over $1000 be listed individually with annual depreciation, and the coverage is actual cash value. According to Vyhnalek, coverage for inland marine with the current policy is $134,000 and with the proposed Fire Pack policy coverage for inland marine is $250,000 at replacement cost.
- Liability for fireworks is covered. The general liability is $5,000,000 per occurance and $10,000,000 aggregate.
- Relating to personal vehicles sustaining damage during weather watch or storm spotting, this policy provides coverage to pay deductibles to individuals with full coverage insurance on their vehicle, as well as up to $5,000 to individuals without coverage.
- Fishing tournament, water fights, as well as any event sponsored by the Friend Fire Department is covered under this policy, without any additional “special event” fees.
Mr. Vyhnalek said the quote for annual coverage for Fire Pack Insurance is $4957. According to Stan Krause, with the work comp coverage and the insurance for the city building remaining on the current policy, the proposed premium from Fire Pack Insurance is $150 more annually, but has an increase for liability from $1,000,0000 to $5,000,000. Krause also stated that the city’s current deductible is $500, where the deductible with Fire Pack is $250.
Craig Vyhnalek assured the Mayor and Council that there would be no problem switching from the City’s current carrier, as he has assisted several other departments in doing this. According to Vyhnalek, during conversation with the underwriter for EMC, the underwriter told Vyhnalek that EMC cannot match the coverage that Fire Pack offers to fire departments.
After lengthy discussion, motion was made by Drake to authorize Mayor Vossler to enter into an agreement with Fire Pack Insurance by signing the appropriate paperwork, providing the contract with the City’s current insurance coverage can be broken by dropping the Fire Department’s coverage and transferring it to Fire Pack. This motion was seconded by Schrock. On roll call voting aye, Lawver, Drake, Schrock, Krause. Nays none. Motion carried.
Mr. Vyhnalek said he would assist Debbie Gilmer in preparing a notice to Inspro Insurance Agency informing them of the FVFD’s intent to transfer coverage, complete with what coverage needs to be taken off of our current policy.
Dan Drake asked if the fire dept has any burns lined up. Brent Milton said they currently have one Methodist
Dan Drake reported on behalf of Warren Memorial Hospital.
Discussion was had on the status of recent Americans with Disabilities Act issues. Attorney Mullally provided correspondence from the U.S. Department of Justice with comments relating to the parking, the drinking fountain, and the restrooms at City Hall. It was agreed that the van accessible parking should be relatively easy to address by leveling the grade of the slope of the driveway and displaying a van accessible parking sign. Replacing the current drinking fountain with a water cooler was discussed as an option to come in compliance with this issue. After discussion relating to the restrooms, it was decided that the City solicit a bid for this renovation as it seems this project is not economically or technically feasible at this time.
Marvin Kohout attended the meeting to talk with the Mayor and Council about waste management alternatives for the Seward/Saline County Solid Waste Management Agency. After an informative discussion and an opportunity to review information provided by Mr. Kohout, motion was made by Schrock, seconded by Drake, to extend a letter of support to the Seward County Planning Commission and the Seward County Board of Commissioners to vote favorably on all aspects of G&P Development’s plan to expand the existing landfill. On roll call voting aye, Drake, Lawver, Krause, Schrock. Nays none. Motion carried.
Marvin Kohout informed the Mayor and Council of a Combustible Dust Seminar to be held the end of the month in Crete. Mr. Kohout said this seminar will be at the Crete Fire Hall on April 26th and encouraged all to attend.
Stan Houlden attended the meeting to discuss drainage issues at the ballfield. Houlden said he has a laser transit that could be utilized to assist in getting the field crowned in an effort to eliminate water holes around 1st base and 3rd base. Hauling in some good, clean dirt mixed with sand, as well as continuing efforts to remove rocks from the field was discussed. No action taken at this time.
Stan Houlden asked Building Inspector, Mark Stutzman about potential city code violations within the community (unfinished porch rails, etc.). Stutzman said height is a consideration for porch rail requirements. Houlden will contact Stutzman at a later time relating to his concerns.
Discussion was had relating to the City’s contribution toward fireworks for the Fourth of July celebration. It was suggested that a fundraiser be held at the end of May, possibly an appreciation dinner of burgers and brats, with all proceeds going toward the cost of the fireworks. Dale Lawver requested the Council table this issue until the May 4th meeting.
Dale Lawver and Harlan Schrock attended a meeting in Wilber relating to updated flood plain maps newly released from the Federal Emergency Management Agency. As a result of a study conducted by FEMA, information has been updated and added to the existence and severity of flood hazard areas in Saline County. After lengthy discussion it was suggested that Bill Jones, State NFIP Coordinator for Nebraska, be contacted to attend a meeting of the City Council to address questions and provide additional information relating to this issue. (Flood Hazard Mapping Fact Sheet is attached.)
Discussion was had relating to an early warning system project for southeast Nebraska. This is a project through Southeast Nebraska Development District. (SENDD) to upgrade early warning systems and will provide qualifying participant communities a cost savings of approximately 75% for the upgrade and/or implementation of an outdoor warning system. (Additional information is attached.)
Continued discussion was had relating to the proposed personnel/employee handbook. Revisions will be incorporated into the proposed handbook and a revised book will be distributed to Council and employees for review. Upon agreement between Council and employees relating to the handbook, a copy will be provided to Attorney Mullally for his review prior to considering adoption. No action taken at this time.
Motion to enter into executive session at 9:14 p.m. for the purpose of discussing complaints was made by Krause, seconded by Schrock. On roll call voting aye, Drake, Lawver, Schrock, Krause. Nays none.
Motion to return to regular session was made by Krause, seconded by Drake. On roll call voting aye, Lawver, Schrock, Krause, Drake. Nays none. Motion carried. Regular session reconvened at 9: 34 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, Lawver, Drake, Schrock. Nays none. Motion carried. Meeting adjourned at 9:35 p.m.
