09/14/2010 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
SEPTEMBER 14, 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, Harlan Schrock, and Dale Lawver. Dan Drake 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 Schrock, seconded by Lawver, to open the public hearing to receive comments relating to the property tax request for 2010-2011, and to receive comments relating to the proposed 2010-2011 budget. On roll call voting aye, Krause, Lawver, Schrock. Nays none. Drake absent. Public hearing to receive comments relating to the property tax request for 2010-2011, and to receive comments relating to the proposed 2010-2011 budget opened at 7:01 p.m.
Mayor Vossler announced that public comments would be received at this time. None offered.
Motioned by Krause, seconded by Schrock to approve the Minutes of the August 3, 2010 regular meeting, the August 23, 2010 special meeting, and the August 2010 Treasurer's Report as presented and file same. On roll call voting aye to approve the August 3, 2010 regular meeting minutes, the August 23, 2010 special meeting minutes, and the August 2010 Treasurer's Report, Lawver, Schrock, Krause. Nays none. Drake absent. Motion carried.
A motion was made by Lawver, 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, Schrock, Lawver, Krause. Nays none. Drake absent. Motion carried.
The claims approved were as follows: August Payroll, 25,244.45; Ameritas, 2117.83; EFTPS, 6825.68; All You, fe 20.04; American Time & Signal, su 228.75; BVH, su 23.89; Baker & Taylor, su 333.51; Beatrice Concrete, su 1201.20; Black Hill Ammunition, su 184.50; Black Hills Energy, fe 136.62; Central States, se 11,655.53; Keith Clouse, fe 250.00; CRA, TIF 308.39; Computer Tutor, se 1470.00; Cooking Light, fe 12.00; Crete Lumber, su 427.07; Crete True Value, su 80.97; Culligan, su 7.50; D&D Comm, su 532.00; Danko, se 825.00; Discover, su 1659.46; EDC Educ Svc, su 35.95; EMS Billing, se 25.17; Exeter Lumber, su 69.58; Farmers Coop, su & se 2421.76; 1st Natl, CD $10,000; FVFD, re 100.00; Fyr-Tek, su 67.40; Galaxy Cable, se 39.95; Patrick Gates, re 130.60; Gene’s Electric, se & su 9887.76; Good Housekeeping, fe 12.00; Great Plains One-Call, se 35.36; Gregg Johnson-Ent, se 690.90; HD Supply, su 8079.09; Husker Elect, su 93.42; Johnson Pharmacy, su 142.70; Jr Library Guild, su 40.17; Kirkham Michael, fe 4320.00; Konica, fe 68.84; League of NE Muni, fe 569.00 & 1502.00; Menards, su 189.87; Mid Plains Elect, se 810.95; Midwest Labs, se 280.92; Michael Mullally, fe 1391.00; NE Dept of Rev, SWH, 828.24, fe 25.00; NE Public Health, se 80.00; NE Public Power, se 84,316.67; NMC, fe 249.32; Nabers, fe 368.00; NE Power Review Board, fe 173.80; Norris Public Power, se. 5751.20; Overhead Door, se 752.00; Postmaster, 192.20; Principal Mutual, fe 4273.74; Reiman Publications, su 27.96; Roger Rotschafer, se 255.15; Ross Repair, se 11.00; The Saturday Eve Post, fe 12.98; Seward County Independent, se 23.40; Shell Fleet Plus, su 421.97; Sid Dillon, se 409.08; Marvin Slepicka, fe 750.00; Stutzman Digging, se 282.00; TV Svc, se 174.92; The Garbage Co, se 203.07; Verizon Wireless, se 534.47; Warren Memorial, su 49.05; Windstream, se 859.54; Young’s Welding, se 344.13. Total Claims Approved $195,917.67.
At this time, Harlan Schrock requested that Stan Houlden be given the opportunity to share information relating to plans for renovations at the ballfield. (Attached is a copy of the plans as presented by Mr. Houlden.) After Mr. Houlden’s presentation and following lengthy discussion, Mayor Vossler requested this be placed on the October 5th meeting agenda for further consideration and/or action.
As no comments were offered relating to the property tax request for 2010-2011, or relating to the proposed 2010-2011 budget, motion was made by Krause, seconded by Schrock, to close the public hearing. On roll call voting aye, Lawver, Schrock, Krause. Nays none. Drake absent. Public hearing to receive comments relating to the property tax request for 2010-2011, and to receive comments relating to the proposed 2010-2011 budget closed at 7:30 p.m.
Proposed Ordinance Number 10-715 was introduced and read. Councilman Lawver moved that the statutory rule requiring reading on three different days be suspended. Councilman Krause seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting aye, Schrock, Krause, Lawver. Members voting nay, none. Absent, Drake. 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. 10-715
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, 2010 through September 30, 2011. 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 Schrock moved for final passage of Ordinance Number 10-715, which motion was seconded by Councilman Lawver. On roll call voting aye, Krause, Schrock, Lawver. Voting nay, none. Absent, Drake. The passage and adoption of said ordinance, having been concurred and by a majority of all Members of the City Council, Ordinance Number 10-715 was adopted this 14th day of September, 2010.
Mayor Vossler introduced and read proposed Resolution Number 10-07, to approve the 2010-2011 property tax request.
RESOLUTION NO. 10-07
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 2010-2011 property tax request be set at $281,356.27.
2. A copy of this resolution be certified and forwarded to the County Clerk on or before October 13, 2010.
Motion to adopt Resolution Number 10-07 was made by Krause, seconded by Lawver. On roll call voting aye, Schrock, Lawver, Krause. Nays none. Absent, Drake. Motion carried. Resolution Number 10-07 was passed and approved this 14th day of September. 2010.
Mayor Vossler introduced and read proposed Resolution Number 10-08, relating to a special designated liquor license application from SOC 153, LLC dba Pour House for an event to be held September 24, 2010.
RESOLUTION #10-08
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, 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 12:00 P.M. (NOON) 09/24/2010 AND 12:00 A.M. (MIDNIGHT) 09/25/2010, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution Number 10-08 was made by Krause, seconded by Schrock. On roll call voting aye, Lawver, Schrock, Krause. Nays none. Absent, Drake. Motion carried. Resolution Number 10-08 was passed and approved this 14th day of September. 2010.
Mayor Vossler introduced and read proposed Resolution Number 10-09, relating to a special designated liquor license application from SOC 153, LLC dba Pour House for an event to be held October 9, 2010.
RESOLUTION #10-09
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 9, 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 12:00 P.M. (NOON) 10/09/2010 AND 12:00 A.M. (MIDNIGHT) 10/10/2010, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution Number 10-09 was made by Schrock, seconded by Lawver. On roll call voting aye, Krause, Lawver, Schrock. Nays none. Absent, Drake. Motion carried. Resolution Number 10-09 was passed and approved this 14th day of September. 2010.
Mayor Vossler introduced and read proposed Resolution Number 10-10, relating to a special designated liquor license application from SOC 153, LLC dba Pour House for an event to be held October 22, 2010.
RESOLUTION #10-10
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, 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 3:00 P.M. 10/22/2010 AND 12:00 A.M. (MIDNIGHT) 10/23/2010, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution Number 10-10 was made by Lawver, seconded by Krause. On roll call voting aye, Schrock, Lawver, Krause. Nays none. Absent, Drake. Motion carried. Resolution Number 10-10 was passed and approved this 14th day of September. 2010.
Mayor Vossler introduced and read proposed Resolution Number 10-11, relating to a special designated liquor license application from SOC 153, LLC dba Pour House for an event to be held November 20, 2010.
RESOLUTION #10-11
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 20, 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 12:00 P.M. (NOON) 11/20/2010 AND 12:00 A.M. (MIDNIGHT) 11/21/2010, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution Number 10-11 was made by Schrock, seconded by Lawver. On roll call voting aye, Krause, Schrock, Lawver. Nays none. Absent, Drake. Motion carried. Resolution Number 10-11 was passed and approved this 14th day of September. 2010.
Mayor Vossler introduced and read proposed Resolution Number 10-12, relating to requests to become depositories for the City of Friend.
RESOLUTION # 10-12
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, 2010.
- First National Bank of Friend, submitted by Jim Niemeier
- Farmers and Merchants Bank of Milligan, submitted by Melvin Taylor
- First Bank of Utica, submitted by Larry Rogers
- 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, 2010, 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 First National Bank of Friend, the Farmers and Merchants Bank of Milligan, the First Bank of Utica, 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 to adopt Resolution Number 10-12 was made by Lawver, seconded by Krause. On roll call voting aye, Schrock, Krause, Lawver. Nays none. Absent, Drake. Motion carried. Resolution Number 10-12 was passed and approved this 14th day of September. 2010.
Proposed Ordinance Number 10-716 was introduced and read. Lawver moved that the statutory rule requiring reading on three different days be suspended. Schrock seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting aye, Krause, Lawver, Schrock. Members voting nay, none. Absent, Drake. 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. 10-716
AN ORDINANCE AMENDING SECTION 7-403(1) OF THE MUNICIPAL CODE OF FRIEND, NEBRASKA, DESIGNATING ADDITIONAL TIMES OF DAY PERMISSIBLE FOR THE SALE AND USE OF FIREWORKS FOR THE CITY OF FRIEND, NEBRASKA; TO HARMONIZE WITH THE PROVISIONS OF NEBRASKA STATUTES; AND TO PROVIDE FOR A TIME WHEN THIS ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA:
7-403(1) FIREWORKS; SALE AND USE. It shall be unlawful for any person to sell, hold for sale, or offer for sale as distributor, jobber, or retailer any fireworks without first obtaining a license from the State Fire Marshal. Licensees shall only sell fireworks which have been approved by the State Fire Marshal and such permissible fireworks may be sold at retail only between December 28th and January 1st, and between June 24th and July 5th of each year. During these dates, it shall be unlawful to discharge, explode or use permissible fireworks on any Monday through Thursday prior to 10:00 a.m. and after 11:00 p.m., and on any Friday, Saturday, Sunday or July 4th prior to 10:00 a.m. and after Midnight.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
This ordinance shall be in full force and effect and after its passage, approval and publication as provided by law.
Schrock moved for final passage of Ordinance Number 10-716, which motion was seconded by Krause. On roll call voting aye, Lawver, Krause, Schrock. Voting nay, none. Absent, Drake. The passage and adoption of said ordinance, having been concurred and by a majority of all Members of the City Council, Ordinance Number 10-716 was adopted this 14th day of September, 2010.
Utilities Superintendent, Patrick Gates, gave his report. Mr. Gates informed the Council that he has been in contact with HRW Farming, Inc. and they have agreed to the terms of the contract for their bin site electric service, as has been presented to them and agreed upon by the Council at a previous meeting. Motion was made by Krause, seconded by Schrock, to authorize Mayor Vossler to sign “Electrical Service Contract” between HRW Farming, Inc. and the City of Friend relating to HRW Farming, Inc. bin site electric service. On roll call voting aye, Lawver, Schrock, Krause. Nays none. Drake absent. Motion carried.
Gates reported that the $275,758 loan for the new well has been received. Of this, $67,250 is stimulus or ARRA funding that does not need to be paid back. This leaves an amount of $208,508 for the City to repay at an interest rate of 2%.
Mr. Gates informed the Mayor and Council that he received word from NPPD that effective January 2011 NPPD will implement an increase in their wholesale rates. The increase for Friend will be 9.84%, which calculates to be $61,146. NMPP (Nebraska Municipal Power Pool) is aware of this increase and is currently conducting a bi-annual rate study. Mr. Gates reported that upon completion of this rate study he anticipates NMPP will propose a rate increase for our customers. Gates expects to have more information on this prior to the October meeting.
Gates reported on the status of the trail project. All concrete has been poured. There is some dirt work yet to be completed.
As requested, Gates said ditch work has been done near Reinke’s (at 8th and Main), and a culvert is now in at Friend Fertilizer.
Police Chief, Mark McFarland gave his report for the month of August. (Copy of this report is attached.)
Building Inspector, Mark Stutzman, talked about the residence downtown that has been recently established. It was his understanding from the last meeting that the Council was backing the Planning Commission’s recommendation to not allow the establishment of new residences in the downtown area. Council did not take action at last month’s meeting on this issue, as no formal request (as in the form of an ordinance) has been proposed. Mayor Vossler explained that, at Council’s request, Attorney Mullally has drafted two ordinances for consideration that relate to allowable uses in certain zoning districts as well as conditional use permits that would set parameters to allow for evaluation on a case by case basis. Prior to these proposed ordinances being considered by the City Council, the Planning Commission must review them and give their recommendation to the Council. The City Clerk was directed to schedule a meeting of the Planning Commission for the purpose of reviewing these proposals.
Patrick Gates said he talked with the Chairman of the Village of Cordova relating to Gates having access to the building that houses their pumping station. Gates needs access to this building in order to monitor pump information. After discussion, Council approved Gates to send the Village a notice of increase to their rates, as well as a schedule of when he needs access to the building to gather necessary readings and pump information.
The Mayor and Council reviewed the summary of insurance presented by Inspro Insurance, as well as the insurance premium summary for 2010-2011. After discussion, motion was made by Krause, seconded by Schrock, to approve the proposed summary of insurance as presented by Inspro Insurance and to accept the premium summary for 2010-2011 with an umbrella of $3,000,000. On roll call voting aye, Lawver, Schrock, Krause. Nays none. Drake absent. Motion carried.
On behalf of the Friend Industrial Development Corporation, Jim Ryan attended the meeting and presented a recommendation to the City Council for their consideration relating to the CDBG for Hardwood Artisan. Motion was made by Lawver, seconded by Schrock, to approve the recommendation from the Friend Industrial Development Corporation relating to CDBG for Hardwood Artisan. On roll call voting aye, Krause, Lawver, Schrock. Nays none. Drake absent. Motion carried.
Jim Ryan, representing the Community Redevelopment Authority, informed the Mayor and Council that the CRA is accepting proposals for the development of lots 19, 20, and 21 in Whitcombs First Addition. On, or about, the 20th of this month the CRA will meet to consider a proposal from Brothers Equipment, as well as any other proposals submitted by that time, for development of this property.
Discussion was had relating to occupation taxes. Attorney Mullally provided a proposal to the Council for their input and consideration on revisions to this section of the Friend City Code. After discussion, Council requested Attorney Mullally prepare an ordinance for their consideration at the October meeting including the revisions and/or additions as presented, excluding the proposed occupation tax(es) for electricity, water, and sewer.
Motion was made by Krause, seconded by Schrock, to approve and accept the management representation letter and engagement letter for Romans, Wiemer and Associates, CPAs for their services for the 2010-2011 fiscal year. On roll call voting aye, Lawver, Schrock, Krause. Nays none. Drake absent. Motion carried.
Discussion of employee salaries was tabled until the October meeting.
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, Schrock, Lawver, Krause. Nays none. Drake absent. Motion carried. Meeting adjourned at 9:20 p.m.
