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08/03/2010 Regular Meeting

 

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

AUGUST 3, 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. 

 

Mayor Vossler announced that public comments would be accepted.  No comments offered at this time.

 

Motioned by Drake, seconded by Lawver, to approve the Minutes of the July 6, 2010 regular meeting, and the July 2010 Treasurer's Report as presented and file same.  On roll call voting aye to approve the July 6, 2010 regular meeting minutes, and the July 2010 Treasurer's Report, Schrock, Krause, Lawver, Drake.  Nays none.  Motion carried.

 

A motion was made by Krause, seconded by Schrock, to approve the Warren Memorial Hospital Financial Reports for June 2010.  On roll call voting aye, Lawver, Krause, Drake, Schrock.  Nays none.  Motion carried.

 

A motion was made by Schrock, seconded by Krause, 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, Schrock, Krause, Lawver.  Nays, none.  Motion carried.

 

The claims approved were as follows:  July Payroll, 26,703.35; Ameritas, 2141.80; EFTPS, 6923.27; Acco, su 769.20; BVH, su 32.89; Baker & Taylor, su 263.90; Ball Ins, fe 1248.00; Barco, su 126.71; Beaver Hardware, su 74.65; Black Hills Energy, fe 248.83; Brothers Equip, su 58.44; William Buckingham, re 134.26; Central States, su, 12,161.25; Keith Clouse, fe 250.00; CRA, 659.71; Culligan, su 7.50; Discover, su 1565.65; EMC, fe 5.00; EMS, fe 221.79; Eakes, su 180.97; Farmers Coop, su & se 1814.16; First State Ins, fe 2601.00; Friend Ins, fe 200.00; Friend Sentinel, su 110.03; FVFD, 2500.00; Galaxy Cable, se 39.95; Gene’s Elect, se 5188.21; Inventory Trading Co, su 362.00; Johnson’s, su 47.02; Jr Library Guild, su 40.17; Konica, fe 73.05; Midwest Labs, se 210.15; Michael Mullally, fe 741.00; NE Dept of Rev, SWH, 890.08, Sales & Use Tax, 5754.34; NE Public Health, se 566.00; NE Public Power, se 80,436.31; Norris Public Power, se. 5751.20; Office Cash su 92.25; Postmaster, 192.20; Principal Mutual, fe 4273.74; Sargent Drilling, se 18,448.34; Sensus Metering, se & su 1320.00; Shell Fleet Plus, su 258.27; Marvin Slepicka, fe 750.00; Steve’s Repair, se 258.88; The Garbage Co, se 323.16; Troyer Concrete; se 6765.75; UMB Bank, fe 261.25; Verizon, se 635.10; Windstream, se 848.06; Wingate, fe 246.00; Young’s, se 32.97.  Total Claims Approved $195,807.81.

 

Police Chief, Mark McFarland, gave his report for the month of July 2010.  (Copy of this report is attached.)  McFarland reported that the Friend Police Department has been approved for a highway safety grant to work DWI enforcement from August 20th to September 6th.  The Department will be reimbursed for up to $2730 for overtime for officers working during those days. 

 

Chief McFarland reported that he is currently working on getting properties cleaned up in the community as directed by the Council.  McFarland said he expects a few of these properties to be taken care of by the end of the month. 

 

Continued discussion was had relating to request for support of Affordable Housing Programs as submitted by Southeast Nebraska Development District.  Motion was made by Krause, seconded by Lawver, to decline the request for support of Affordable Housing Programs as submitted by Southeast Nebraska Development District.  On roll call voting aye, Drake, Schrock, Lawver, Krause.  Nays none.  Motion carried.

 

Saline County Area Transit submitted their annual allocation request for 2010-2011 of Friend’s share of local matching funds in the amount of $627.  (The request from last year was $2,083.)  Motion was made by Drake, seconded by Schrock to approve the Saline County Area Transit 2010-2011 allocation request of $627 for Friend’s share of local matching funds.  On roll call voting aye, Krause, Lawver, Schrock, Drake.  Nays none.  Motion carried.

 

Discussion was had relating to Friend’s business and occupation taxes.  Attorney Mullally will draft a proposal to revise the section of the Friend City Code relating to business and occupation taxes for Council’s consideration at the September meeting.

 

The Planning Commission of the City of Friend submitted their recommendation to the City Council to approve subdividing parcel #760033714 located at 818 and 820 2nd Street, as requested and applied for by Luann M. Rasmussen Ohlinger and E. Clark Rasmussen.  (Current owners of the parcel are Luann M. Rasmussen Ohlinger, E. Clark Rasmussen, and Thomas D. Clouse.)  Motion to approve the Planning Commission’s recommendation to subdivide parcel #760033714 located at 818 and 820 2nd Street was made by Drake, seconded by Schrock.  On roll call voting aye, Lawver, Krause, Drake, Schrock.  Nays none.  Motion carried.

 

Permitted uses in local zoning districts were discussed.  The Mayor and Council directed Clerk, Debbie Gilmer, to schedule a meeting of the Planning Commission to review permitted uses in certain zones (specifically B-1 and B-2) and to prepare a recommendation to the City Council for consideration at a future meeting.

 

Patrick Gates, Utilities Superintendent, gave his report.  Gates informed the Council that the swimming pool will be closing for the season on August 10th

 

Gates reported that there is not yet a softball agreement with the school for use of the ballfield for the coming season.  After discussion, motion was made by Drake, seconded by Schrock, to authorize Mayor Vossler to sign a contract for use of the ballfield between the City of Friend and Friend Public Schools for the 2010 girls’ softball season.  On roll call voting aye, Lawver, Krause, Schrock, Drake.  Nays none.  Motion carried.

 

Patrick Gates informed the Mayor and Council that with their approval he would like to make repairs to Main Street between 3rd and 4th Streets.  Gates said he intends to cut out a strip of the concrete and replace it without disturbing the underlying culvert.  Plans are to begin this project next week.  Council agreed with Gates that the repair work is necessary and approved with no objections.

 

Gates requested Council consider closing or vacating a portion of Maple Street north of the railroad tracks, between A and B Streets.  No action taken at this time.

 

Discussion was had relating to a draft contract regarding the HRW Farms bin site electrical service, as prepared and presented to the Mayor and Council for their review and consideration by Patrick Gates.  Attorney Mullally suggested including (in section 5) verbiage indicating that reimbursement to HRW Farms may be less, dependent upon actual electrical usage.  Motion was made by Drake, seconded by Schrock, to accept Attorney Mullally’s suggestion to include verbiage in section 5 of proposed electrical service contract between the City of Friend and HRW Farms, Inc., indicating that reimbursement to HRW Farms may be less than the value stated in contract, dependent upon their actual electrical usage.  On roll call voting aye, Lawver, Krause, Drake, Schrock.  Nays none.  Motion carried.

 

Jack Stutzman attended the meeting to present a proposal relating to increasing parking at the football field.  (Sketch of this proposal is attached.)  The proposal includes filling in the ditch, doing so accordingly to ensure proper drainage, to create parking where the ditch currently is.  After discussion, the Mayor and Council expressed no objections.

 

Discussion was had relating to the value of city-owned property located at 1st and Maple.  After discussing, Council agreed that, if offered, a bid of $60,000 would be considered.

 

On behalf of the Community Redevelopment Authority, Jim Ryan attended the meeting to present to the Mayor and Council the semi-annual financial report for the CRA.

 

Motion was made by Schrock, seconded by Lawver, to approve a 1% increase in the 2009-2010 funds subject to limitation (as allowable by law) for fiscal year 2010-2011.  On roll call voting aye, Krause, Drake, Lawver, Schrock.  Nays none.  Motion carried.

 

It was decided to meet in special session for a budget “workshop” for the purpose of discussing the upcoming budget for 2010-2011 on Monday, August 23rd at 7:00 p.m.

 

A “Consent to Assignment” was submitted to the Mayor and Council for their consideration by Galaxy Cable, Inc.  Galaxy Cable has entered into an agreement to sell their cable television properties and related assets to Zito Midwest LLC and Zito Midwest Holding LLC.  Galaxy is currently a party to an agreement (the “Agreement”) with the City of Friend for joint use of poles in Friend.  Pursuant to the terms of the Agreement, Galaxy is hereby requesting Friend’s consent to assignment of the Agreement to Zito.  Motion was made by Krause, seconded by Drake, to consent to assignment of Agreement with Galaxy Cable, Inc. for joint use of poles in Friend to Zito Midwest LLC and Zito Midwest Holding LLC by authorizing Mayor Vossler to sign submitted consent.  On roll call voting aye, Schrock, Drake, Lawver, Krause.  Nays none.  Motion carried.

 

A premium summary from Inspro Insurance was provided to the Mayor and Council for their consideration and approval.  Additional information will be requested from Inspro and approval of premium summary will be considered at the Council’s special meeting on August 23rd.

 

Motion to enter into executive session at 8:45 p.m. for the purpose of discussing personnel and certain legal issues was made by Krause, seconded by Schrock.  On roll call voting aye, Drake, Lawver, Schrock, Krause.  Nays none.  Motion carried.

 

Motion to return to regular session was made by Schrock, seconded by Drake.  On roll call voting aye, Lawver, Krause, Schrock, Drake.  Nays none.  Motion carried.  Regular session reconvened at 9:10 p.m.

 

No further business to come before the City Council, motion was made by Krause, seconded by Lawver, to adjourn the meeting.  On roll call voting aye, Drake, Krause, Schrock, Lawver.  Nays, none.  Motion carried.  Meeting adjourned at 9:11 p.m.