07/06/2010 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
JULY 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, Dale Lawver, Dan Drake, 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.
Motion was made by Drake, seconded by Schrock, to open the public hearing for application to the Nebraska Liquor Control Commission for a catering license as applied for by SOC 153 LLC, dba Pour House to receive protests against and recommendations for granting of said license. On roll call voting aye, Lawver, Schrock, Krause, Drake. Nays none. Motion carried. Public hearing opened at 7:01 p.m.
Mayor Vossler announced that public comments would be accepted at this time. Several citizens attended the meeting to express concerns and to ask questions about the proposed US Cellular tower to be located north of the railroad tracks. Some of the items discussed included radiation and potential health risks, setting precedence (if proposed tower is approved) that may prohibit the option of preventing multiple towers from being constructed within the community in the future, and the community’s lack of knowledge of the plans to construct the tower. The Mayor and members of the Council explained that meeting notices of the Planning Commission and Council were posted and available to the public for each meeting that was held for consideration of the tower, and that minutes from meetings of the Council where this issue has been discussed in the past have all been published in the Friend Sentinel and are available for public inspection upon request. Building Inspector, Mark Stutzman added that unless directed otherwise from the Mayor and City Council, it was his intention to approve the building permit application submitted for this tower. Council offered no objections.
Pastor, Jerry Gill, attended the meeting to address the Mayor and Council with a request to temporarily close a portion of 2nd Street in front of the hospital on August 21st between the approximate hours of 9:00 a.m. and 2:00 p.m. Pastor Gill explained that as the inflatables and other family-fun events planned for the Fourth of July were cancelled due to the rain, the local churches, the hospital, and the Chamber of Commerce would like to have a “family-festival”. Pastor Gill’s request to close a portion of the street in front of the hospital, rather than placing the inflatables in the lawn behind the hospital, is so that residents of the manor can enjoy watching the “festival”. Council had no objections to Pastor Gill’s request. Attorney Mullally suggested this be placed on the August meeting agenda for Council’s consideration and official approval.
Motioned by Krause, seconded by Lawver, to approve the Minutes of the June 1, 2010 regular meeting, and the June 2010 Treasurer's Report as presented and file same. On roll call voting aye to approve the June 1, 2010 regular meeting minutes, and the June 2010 Treasurer's Report, Drake, Schrock, Krause, Lawver. Nays none. Motion carried.
A motion was made by Schrock, seconded by Drake, to approve the Warren Memorial Hospital Financial Reports for May 2010. On roll call voting aye, Lawver, Drake, Krause, Schrock. 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, Lawver, Schrock, Krause. Nays, none. Motion carried.
The claims approved were as follows: June Payroll, 26,862.94; Ameritas, 2072.31; EFTPS, 6754.50; Acco, su 1404.00; Afternooner’s, se 68.70; Baker & Taylor, su 97.84; Barco, su 203.20; Bauers Trucking, se 1397.31; Beatrice Concrete, su 1349.76; Beaver Hardware, su 645.75; Black Hills Energy, fe 184.83; Blue Blossom, se 441.77; Brothers Equip, su 81.44; Central States, su, 24,713.51; Keith Clouse, fe 250.00; CRA, fe 3573.83 & 1855.11; Crete Area Med Center, fe 9.00; Crete Auto, su 275.00; Crete Lumber, su 694.90; Culligan, se 121.50; Danko, su 1268.80; Discover, su 2404.47; Drake Refrigeration, 250.00; EMC, fe 15.00; EMS, fe 293.30; Eakes, su 134.53; Exeter Lumber, su 225.00; Farmers Coop, su & se 1914.36; Friend Sentinel, su 279.52; Galaxy Cable, se 39.95; Gale, su 88.36; Patrick Gates, re 29.70; Gene’s Elect, se 2332.80 & 9153.95; Debbie Gilmer, re 54.56; Great Plains One-Call, se 52.41; Holiday Inn, fe 145.90; Deion Hulse, se 640.00; Johnson’s, su 68.10; Jr Library Guild, su 40.17; Kirkham Michael, fe 5520.00; Konica, fe 73.05; Jackie Larsen, re 51.92; McKenzie Fricke, re 45.85; Menards, su 490.73; Michelle Michl, re 484.00; Chris Michl, se 436.80; Mid State Engineering, se 407.00; Midwest Labs, se 90.86; Miller Seed, su 225.00; Michael Mullally, fe 143.00; MES, su 3647.22; Murphy Plumbing, se 46.00; National Pen Co, su 86.90; NE Crime Comm, su 7.50; NE Dept of Rev, SWH, 830.34, Sales & Use Tax, 6385.00; NE Muni Power Pool, se 246.60; NE Public Power, se 66,991.67; Nebraskaland Magazine, su 18.00; Nick’s Farm Store, su 38.99; Norris Public Power, se. 5751.20; Oswald Elect, se 683.22; Cara E. Potter, CDBG 25,000.00; Postmaster, 192.20; Principal Mutual, fe 4251.04; Railroad Mgmt, fe 99.83; Ron’s Rolloffs, se 405.42; Ross Repair, se 32.00; Saline Cnty Eldercare, fe 2761.00; Saturday Evening Post, su 12.98; Sid Dillon, Chevrolet, se 81.04; Shell Fleet Plus, su 415.69; Marvin Slepicka, fe 750.00; SENDD, fe 1575.00; The Garbage Co, se 263.12; The Penworthy Co, se 111.15; Verizon, se 543.13; Windstream, se 879.96. Total Claims Approved $222,562.49.
Motion was made by Schrock, seconded by Krause, to close the public hearing for application to the Nebraska Liquor Control Commission for a catering license as applied for by SOC 153 LLC, dba Pour House to receive protests against and recommendations for granting of said license. On roll call voting aye, Lawver, Krause, Schrock, Drake. Nays none. Motion carried. Public hearing closed at 7:20 p.m.
Proposed Resolution Number 10-05 was introduced and read by Mayor Vossler.
RESOLUTION #10-05
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 JULY 24, 2010 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF POUR HOUSE, 511 SECOND STREET, SUITE B TO BE HELD BETWEEN THE HOURS OF 5:00 P.M. AND 1:00 A.M. PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution Number 10-05 was made by Lawver, seconded by Krause. On roll call voting aye, Schrock, Drake, Lawver, Krause. Nays, none. Motion carried. Resolution Number 10-05 was passed and approved this 6th day of July, 2010.
Proposed Resolution Number 10-06 was introduced and read by Mayor Vossler.
RESOLUTION #10-06
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 SEPTEMBER 11, 2010 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED LICENSE TO BE LIMITED TO THE INSIDE AREA OF POUR HOUSE, 511 SECOND STREET, SUITE B TO BE HELD BETWEEN THE HOURS OF 5:00 P.M. AND 1:00 A.M. PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution Number 10-06 was made by Schrock, seconded by Lawver. On roll call voting aye, Krause, Lawver, Schrock, Drake. Nays none. Motion carried. Resolution Number 10-06 was passed and approved this 6th day of July, 2010.
Proposed Ordinance Number 10-712 was introduced and read by title. 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 NO. 10-712
AN ORDINANCE TO AMEND SECTION 6-101 OF THE MUNICIPAL CODE OF THE CITY OF FRIEND, NEBRASKA RELATED TO THE AMOUNT OF THE DOG LICENSE FEE; TO INCREASE SAID AMOUNT TO COMPLY WITH NEBRASKA LAW FOR MANDATORY FUNDING OF THE COMMERCIAL DOG AND CAT CASH FUND ESTABLISHED BY THE STATE OF NEBRASKA, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO PROVIDE FOR THE POSTING OR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM; AND TO PROVIDE FOR A TIME WHEN THIS ORDINANCE SHALL TAKE EFFECT.
Section 1. Section 6-101 of the Municipal Code of the City of Friend, Nebraska is amended as follows:
DOGS; LICENSE. Any person who shall own, keep, or harbor a dog over the age of six (6) months within the Municipality shall within thirty (30) days after acquisition of said dog acquire a license for each such dog annually by or before the first (1st) day of January of each year. The said tax shall be delinquent from and after January tenth (10th); provided, the possessor of any dog brought into or harbored within the corporate limits subsequent to January first (1st) of any year, shall be liable for the payment of the dog tax levied herein and such tax shall be delinquent if not paid within ten (10 days thereafter. Licenses shall be issued by the Municipal Clerk upon the payment of a license fee of two ($2.00) dollars, except that for licenses obtained for the last half of the license year, if no license was required for the first half of the year, the license fee is on dollar and fifty cents ($1.50), a portion of which shall be remitted by the City Treasurer to the State of Nebraska in an amount as required by Nebraska law for contribution to the Commercial Dog and Cat Cash Fund. Said license shall not be transferable and no refund will be allowed in case of death, sale, or other disposition of the licensed dog. The owner shall state at the time the application is made and upon printed forms provided for such purpose, his name and address and the name, breed, color, and sex of each dog owned and kept by him. A certificate that the dog has had a rabies shot, effective for the ensuing year of the license shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. Any person convicted of violating this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the County Jail for a period not to exceed sic (6) months or by a fine of not more than five hundred dollars ($500.00), recoverable with the costs, or both such fine and imprisonment, except that each person convicted shall be fined in a sum not less than fifty dollars ($50.00) for the first offense; not less than seventy-five dollars ($75.00) for the second offense; and not less than one hundred dollars ($100.00) for the third and each offense thereafter.
Section 2. All ordinances or parts of ordinances passed and approved prior to the passage of this ordinance and which are in conflict with the provisions of this ordinance are hereby repealed.
Section 3. This ordinance shall be in full force and effect and after its passage, approval and either posting or publication in pamphlet form as provided by law.
Councilman Krause moved for final passage of Ordinance Number 10-712, which motion was seconded by Councilman Lawver. On roll call voting aye, Schrock, Krause, Drake, 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 10-712 was adopted this 6th day of July, 2010.
Patrick Gates reported to the Mayor and Council that three bids were received on July 1, 2010 for the Friend Lake Recreational Trail Project. After discussion and consideration of recommendation from Kirkham Michael Consulting Engineers to award the contract to Howrey Construction, motion was made by Drake, seconded by Schrock to award the Friend Lake Trail Project to Howrey Construction for a base bid of $126,587.77 contingent upon approval and concurrence of the Nebraska Game and Parks Commission. Furthermore the City Council authorizes the Mayor to execute the Construction Contract documents. On roll call voting aye, Lawver, Krause, Drake, Schrock. Nays, none. Motion carried.
As requested by the Mayor and Council, Patrick Gates prepared a cost analysis for HRW Farming. (Copy of HRW Farming Cost Analysis is attached.) After lengthy discussion, review and consideration, motion was made by Drake, seconded by Krause, to draft a contract with HRW Farming for repayment of projected gross sales from 24 months over a 4-year period and direct Patrick Gates to draft said agreement for final approval from both parties. On roll call voting aye, Krause, Lawver, Drake. Nays, Schrock. Motion carried.
Patrick Gates reported to the Mayor and Council that he has been in contact with a member of the Cordova Village Board regarding having access to the water transmission building. Gates said it was his understanding that the Village Board was discussing this issue at their next meeting.
Gates reported of ongoing ADA issues and the status of completed projects and projects in progress.
Patrick Gates informed the Council that he has checked on prices for an electronic billboard to be located at the Community Building. Depending on size and various options, Gates found prices for a sign of approximately 3 feet by 10 feet to range from $5,000 to $10,000.
Police Chief, Mark McFarland, gave his report for the month of June 2010. (Copy of this report is attached.) Discussion was had relating to an invoice submitted for payment for mowing services from Deion Hulse. The grand total for the invoice was $720. After Council’s discussion and consideration, motion was made by Lawver, seconded by Krause, to approve paying Deion Hulse $640, rather than $720, for services provided by him for various mowings through the months of April and May 2010. On roll call voting aye, Drake, Schrock, Krause, Lawver. Nays, none. Motion carried.
Motion was made by Krause, seconded by Lawver, to approve application for catering license as applied for by SOC 153, dba Pour House. On roll call voting aye, Drake, Schrock, Krause, Lawver. Nays, none. Motion carried.
Motion was made by Drake, seconded by Schrock, to approve renewal of membership with the Southeast Nebraska Development District for 07/01/2010 through 06/30/2011. On roll call voting aye, Lawver, Krause, Schrock, Drake. Nays, none. Motion carried.
Motion was made by Krause, seconded by Drake, to table until the August 3rd meeting discussion and consideration of request for support of Affordable Housing Programs through Southeast Nebraska Development District. On roll call voting aye, Lawver, Schrock, Krause, Drake. Nays, none. Motion carried.
Motion was made by Schrock, seconded by Drake, to approve the Saline County Eldercare Coalition 2010-2011 Annual Funding Request of $2,761. On roll call voting aye, Lawver, Schrock, Drake, Krause. Nays, none. Motion carried.
Discussion was had relating to the City contributing to the fireworks display. Motion was made by Schrock, seconded by Drake, to approve a contribution from the City of $2,500 to the Fire Department for the 2010 Fourth of July fireworks display. On roll call voting aye, Schrock, Drake, Lawver, Krause. Nays, none. Motion carried.
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, Lawver, Drake, Schrock, Krause. Nays, none. Motion carried. Meeting adjourned at 8:40 p.m.
