11/02/2010 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
NOVEMBER 2, 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: Dan Drake, Dale Lawver, Stanley Kruase, 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 received at this time. None offered.
Motioned by Drake, seconded by Krause to approve the Minutes of the October 5, 2010 regular meeting, and the October 2010 Treasurer's Report as presented and file same. On roll call voting aye to approve the October 5, 2010 regular meeting minutes, and the October 2010 Treasurer's Report, Lawver, Krause, Drake, Schrock. Nays none. Motion carried.
Motion to approve the WMH Financial Statements for August 2010 was made by Schrock, seconded by Lawver. On roll call voting aye, Krause, Schrock, Lawver, Drake. 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, Lawver, Schrock, Krause, Drake. Nays none. Motion carried.
The claims approved were as follows: October Payroll, 17,536.84; Ameritas, 2280.81 & 191.11; EFTPS, 4840.55; Aflac Insurance, 153.42; BVH, su 18.70; Baker & Taylor, su 494.48; Barco, su 641.91; Beatrice Concrete, su 467.70; Beaver Hardware, su 155.29; Better Homes & Gardens, su 20.00; Black Hills Energy, fe 137.94; Blue Blossom, 47.50; Brothers Equip, su 51.00; Central States, su 22,860.96; Chief Supply, su 72.07; Keith Clouse, fe 250.00; CRA, re 1666.71; Computer Tutor, se 150.00; Culligan, su 57.50; Demco, su 72.87; Discover, su 1079.08; Eakes, su 6.99; EMC Insurance, fe 1155.00; EMS, se 78.71; Farmers Coop, su & se 1216.34; Galaxy Cable, se 39.95; Gene’s Electric, se & su 11,058.34; Gregg Johnson-Ent, se 300.00; Harry Ferris Co, se 360.00; Howrey Construction, se 31,622.12; Johnsons, su 45.67; Jr Library Guild, su 40.17; Konica, fe 73.05; Menards, su 104.29; Mid State Engineering, se 997.00; Midwest Labs, se 94.46; Michael Mullally, fe 819.00; NE Dept of Rev, SWH 636.49 & ST 5364.09; NE Public Health, se 76.00; NE Public Power, se 47,233.60; Norris Public Power, se 5751.20; Postmaster, 192.20; Potter Farms, su 395.63; Principal Mutual, fe 4453.64; Reiman Publications, su 19.97; Ross Repair, se 40.00; SCAT, fe 627.00; Seward County Independent, fe 191.82; Shell Fleet Plus, su 199.00; Marvin Slepicka, fe 750.00; Steve’s Repair, se 87.30; Mark Stutzman, fe 817.50; The Garbage Co, se 203.07; United Seeds, su 640.00; Verizon Wireless, se 484.76; Windstream, se 800.59; Zoll Medical, su 171.77. Total Claims Approved $170,393.16.
Stanley Krause informed the Mayor and Council that he received correspondence on October 26th relating to requirements for the City’s new warning siren that is to be located near the City park. Krause reported that the City will be responsible for supplying power and a 60 amp breaker to a pole provided by the siren company. Krause also reported that one of the City’s existing siren boards will need to be reprogrammed and the other replaced sometime before June 2011 due to the narrow band paging. This will cost approximately $700 but will be included in with the bid on the siren.
Discussion was had relating to Ordinance #10-718 that was adopted at the October meeting, relating to occupation taxes. Included in Council’s discussion was the substantial increases imposed on licensees for their liquor licenses. Mayor Vossler recommended the ordinance be repealed and suggested the Council consider setting the taxes for liquor licenses to be the same as the fees collected for licenses by the Nebraska Liquor Control Commission. The occupation taxes set in Ordinance #10-718 for the sale of fireworks was also discussed by the Council. After receiving comments from Tom Clouse, and after discussion, motion was made by Krause, seconded by Drake, to repeal Ordinance #10-718, relating to occupation taxes, and instructed Debbie Gilmer to refrain from collecting fees for any of the taxes imposed in this ordinance until a revised ordinance is prepared and presented to the Council for their reconsideration. On roll call voting aye, Schrock, Lawver, Drake, Krause. Nays none. Motion carried.
Proposed Resolution #10-13 was introduced and read by Mayor Vossler.
RESOLUTION #10-13
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 19, 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) 11/19/2010 AND 12:00 A.M. (MIDNIGHT) 11/20/2010, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution #10-13 was made by Drake, seconded by Schrock. On roll call voting aye, Lawver, Drake, Krause, Schrock. Nays none. Motion carried. Resolution #10-13 was passed and approved this 2nd day of November 2010.
Proposed Resolution #10-14 was introduced and read by Mayor Vossler.
RESOLUTION #10-14
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 DECEMBER 10, 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) 12/10/2010 AND 12:00 A.M. (MIDNIGHT) 12/11/2010, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution #10-14 was made by Schrock, seconded by Drake. On roll call voting aye, Schrock, Krause, Drake, Lawver. Nays none. Motion carried. Resolution #10-14 was passed and approved this 2nd day of November 2010.
Utilities Superintendent, Patrick Gates, gave his report. Gates updated the Mayor and Council on a recent non-acute water violation. Fourteen samples have been taken and all have all tested negative for coliform.
Patrick Gates requested Council’s approved for final pay request to Howrey Construction for constructing the trail at the City pond. Motion was made by Krause, seconded by Lawver, to approve the second and final pay request of $31,622.12 to Howrey Construction for construction of the trail at the City pond. On roll call voting aye, Drake, Lawver, Schrock, Krause. Nays none. Motion carried.
Gates reported to the Council of items yet to be completed at the City pond. These items include sodding/seeding, completion of a picnic shelter, and building a rail around the retaining wall. Gates informed Council that with their approval, he intends to deduct the cost of the shelter and railing from the remaining amount of the 20% match of the grant they received for this project. Council had no objection and approved of this plan.
Patrick Gates requested Council’s approval of a Nebraska Department of Roads Highway Maintenance Agreement. By entering into this agreement, the City will receive $1,993.90 for surface maintenance of 2.54 lane miles. Motion was made by Drake, seconded by Lawver, to approve the City enter in a Highway Maintenance Agreement with the Nebraska Department of Roads, to receive $1,993.90 for surface maintenance of 2.54 lane miles. On roll call voting aye, Krause, Lawver, Schrock, Drake. Nays none. Motion carried.
For Street Superintendent Services, Patrick Gates requested Council’s approval to enter into a contract with Kirkham Michael. Cost for this is $1500, which is half of a $3000 incentive we receive to administer these services for the Nebraska Department of Roads. Motioned by Krause, seconded by Schrock, to approve that the City enter into an agreement with Kirkham Michael to provide Street Superintendent Services for Friend. On roll call voting aye, Drake, Lawver, Krause, Schrock. Nays none. Motion carried.
Approval was requested by Gates for Change Order Number 1, for the Chestnut Street Culvert Project, in the amount of $3,544.15. Motion was made by Krause, seconded by Drake to approve Change Order Number 1 from Pat Thomas Construction, Inc., for the Chestnut Street Culvert Project, in the amount of $3,544.15. On roll call voting aye, Lawver, Schrock, Krause, Drake. Nays none. Motion carried.
Approval to re-enter into a contract with Nebraska Machinery for the lease of a skid loader was requested by Gates. Motioned by Krause, seconded by Lawver, to approve the City re-enter into a contract with Nebraska Machinery for the lease of a skid loader. On roll call voting aye, Drake, Schrock, Krause, Lawver. Nays none. Motion carried.
Building Inspector, Mark Stutzman gave his report. Stutzman provided a set of plans to the Mayor and Council for the Bank of Friend, a Branch of the First Bank of Utica. These plans were submitted to Stutzman and included with their building permit application. This building permit has been approved and issued by Mark Stutzman.
Mark Stutzman introduced Bruce Filipi who was in attendance to request from the Council permission to construct a new building in the same location that the County shop is currently located. Attorney Mullally directed Mark Stutzman and Mr. Filipi to contact the Board of Adjustments relating to this matter. As the location of the current County shop building does not meet City code set-back requirements, it is necessary for the Board of Adjustments to meet to consider granting a variance for this request.
Jim Ryan was in attendance to discuss issues relating to the CRA sewer project along Highway 6. Issues discussed included easement agreements with property owners and recovering incurred costs from property owners for this project. After discussion, Mr. Ryan requested that Attorney Mullally contact Attorney Mark Abbott for his input and guidance on these issues.
Discussion was had related to unauthorized burning in town. Stanley Krause reported that there are individuals burning oil containers, oil filters, plastics, and other trash in town without obtaining permits from the Fire Department. After discussion, it was decided to put a notice in the paper informing citizens that unauthorized burning is not allowed.
A request was submitted to the Council from the Planning Commission to consider adopting an ordinance that would require new businesses within the community to obtain a “business occupancy permit” and to pay an application/permit fee. After discussion, motion was made by Lawver, seconded by Drake to table this issue and to have the Planning Commission reconsider their proposal and present a revised proposal to the Council for discussion and further consideration at the December meeting. On roll call voting aye, Schrock, Krause, Drake, Lawver. Nays none. Motion carried.
Discussion was had relating to continued violations occurring at the Friend dumpsite. It was suggested a notice be placed in the paper reminding citizens of what is and is not allowed at the dumpsite.
No further business to come before the City Council, motion was made by Schrock, seconded by Drake, to adjourn the meeting. On roll call voting aye, Lawver, Krause, Drake, Schrock. Nays none. Motion carried. Meeting adjourned at 9:12 p.m.
