02/03/2009 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
FEBRUARY 3, 2009
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, Harlan Schrock and Dale Lawver. City Attorney, Mike Mullally, was also present. 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 it was time to open the public hearing to receive comments for the One and Six Year Plan for City Improvements. Motion was made by Schrock, seconded by Drake to open the public hearing for the purpose of receiving comments relating to the One and Six Year Plan for City Improvements for Friend. On roll call voting aye, Lawver, Schrock, Drake, Krause. Nays none. Motion carried. Public hearing opened at 7:02 p.m.
Motioned by Drake, seconded by Lawver, to approve the Minutes of the January 6, 2009 regular meeting, and the January 2009 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the January 6, 2009 regular meeting, and the January 2009 Treasurer's Report, Krause, Schrock, Lawver, Drake. Nays none. Motion carried.
Motion was made by Schrock, seconded by Krause, to approve the Warren Memorial Hospital financial reports for November and December 2008. On roll call voting aye to approve the Warren Memorial Hospital financial reports for November and December 2008, Drake, Schrock, Lawver, 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, Lawver, Drake, Schrock. Nays none. Krause abstained. Motion carried.
The claims approved were as follows: January Payroll, 16,650.02; Ameritas, 1642.02; EFTPS, 5581.59; Alltel Cellular, 438.51; Ambulance Squad Members, transfer re 880.00; Don Anderson, re 237.43; Black Hills Energy, se 892.47; BVH, su 27.65; Baker & Taylor, su 150.40; Barco, su 2176.01; Beaver Hardware, su 87.65; Boys Life, su 24.00; Brothers Equip, su 8.56; Central States Lab., su 5764.75; Keith Clouse, fe 250.00; Comm Source, su 81.29; Country, su 10.00; Crete True Value, su 23.16; D&D Comm, se 107.50; Discover, su 1130.56; Dave Domeier, re 121.00; EMC, fe 312.00; EMS Billing, se 108.00; Eakes, su 105.01; Erickson/Sederstrom, fe 1190.32; Farmer’s Coop, su 1278.31; Galaxy Cable, se 39.95; Gale, su 47.18; Patrick Gates, re 121.00; Gene’s Electric, se & su 4798.70; Great Plains One-Call, se 1.01; Heiman, su 72.66; Heng Lawn Care, se 25.00; Johnson Hardware, su 877.40; Jr Library Guild, su 38.16; Kirkham Michael, fe 9622.00; Konica, fe 73.05; League of NE Munic, fe 628.00; Matt Friend Truck Eq, su 4778.00; Matthew Bender & Co, su 48.80; Menards, su 107.65; Midwest Labs, se 8.63; Michael Mullally, fe 552.00; Municipal Clerk Institute, fe 150.00; NE Public Health, Env Lab, se 48.00; NE Public Power, su 49,587.17; NE Dept of Rev, SWH, 900.61, Sales & Use Tax, 4759.62; NE Wastewater Op Div, fe 10.00; NE Environmental Prod, su 949.99; Nicks Farmstore, fe 2175.00; Norris Public Power, se. 3635.28; Office Cash, su 89.89; Pioneer Publishing, fe 418.80; Postmaster, fe 183.50; Principal Mutual, fe 3035.37; Saline County Treas, fe 2348.00; Sargent Drilling, fe 13,430.40; Shell, su 223.93; Marvin Slepicka, fe 750.00; Sports Express, su 104.45; Steves Repair, se 211.99; TV Svc, su 258.27; The Garbage Co, se 189.81; The Nu-Towell Co, su 201.70; Sara Thomsen, re 150.00; Yokels, su 36.53; Young’s Welding, se 839.95; Windstream, se 716.68. Total Claims Approved $146,522.34.
Mayor Vossler announced that public comments would be accepted at this time. No comments offered.
Utilities Superintendent, Patrick Gates, gave his report. Gates reported that he received notification from Nebraska Game and Parks that Friend has been awarded the $131,346 grant for the trail project that the City has been anticipating. Gates will be setting up a meeting to get more information relating to this project.
Patrick Gates informed the Council that the street project listed on the One and Six Year Plan for Street Improvements, (Page Street from Highway 6 to 5th and 5th Street from Page to Race Street) will be done either this summer or next summer. Gates said that City Engineer, Rich Robinson spoke with Bruce Filipi, Saline County Roads Supervisor, and he confirmed that it looks very promising that this project will happen within this time frame.
Gates said he has received information on various government stimulus fund packages that may become available for upcoming construction and/or projects in the wastewater and water departments. Gates said we will definitely be applying for any of this potential funding for these projects as his understanding is that they will be in the form of grants, or low interest loans with possible forgiveness of up to 40%.
Mr. Gates informed the Council of a severe water main break that occurred in the area of 3rd and Cherry Streets. Gates said the break has been located and sealed, however, there is still cement work to be done.
Gates reported that he received correspondence relating to a pay request from Castle Construction for the Friend Lake restoration project. They feel that $25,000 is still due to them, even though we dispute this as some of the work they claim to have done was not done. The attorney we have retained to deal with this issue will be sending a letter of rebuttal to Castle’s attorney. Gates anticipates hearing from them with negotiations before the next meeting, or possibly seeing a representative of Castle Construction at the next City Council meeting.
The brick that was discussed in previous meetings for the concession building at the ballfield has been delivered and will be put on the building sometime this month.
Police Chief, Mark McFarland, gave his report for January 2009. McFarland reported 34 total calls for service during the month. (Copy of this report is attached.)
McFarland presented to the Council a proposed resolution to replace the yield signs with stop signs at the corner of 2nd and Sycamore Streets. This proposed resolution was read by title by Mayor Vossler.
RESOLUTION NO. 09-03
WHEREAS, Section 5-205 of the Municipal Code of the City of Friend, Nebraska directs that the City Council may by resolution provide for the placing of signs or signals in any street under the jurisdiction of the City for the purpose of regulating traffic thereon, and
WHEREAS, it is deemed necessary to place such sign(s) at the appropriate location for the protection of the public;
NOW, THEREFORE BE IT RESOLOVED BY THE MAYOR AND COUNCIL OF THE CITYOF FRIEND, NEBRASKA as follows:
1. A stop sign is hereby designated to be erected, maintained and rules to be enforced in accordance with Nebraska State Statute (60-6,148; 60-6,121; 60-686) on the northwest corner of the intersection of 2nd and Sycamore Street, replacing the current existing yield sign.
2. A stop sign is hereby designated to be erected, maintained and rules to be enforced in accordance with the Nebraska State Statute (60-6,148; 60-6,121; 60-686) on the southeast corner of the intersection of 2nd and Sycamore Street, replacing the current existing yield sign.
It shall be unlawful for any driver approaching 2nd Street on Sycamore, either from the north and/or south, except when directed by a peace office or other traffic control signal and/or device, to proceed in a manner deemed a violation of the Nebraska State Statue.
Motion was made by Drake, seconded by Lawver, to adopt Resolution Number 09-03, to replace the yield signs with stop signs at 2nd and Sycamore Streets. On roll call voting aye, Krause, Lawver, Drake, Schrock. Nays none. Motion carried. Resolution No. 09-03 was passed and approved this 3rd day of February, 2009.
Mark Stutzman, Building Inspector discussed with the Council a proposed subdivision submitted by Robert D. Milton. According to Stutzman, and as reflected in the minutes of the December 1, 2008 meeting of the Planning Commission, Bobby Milton purchased an additional 20 foot strip to his lot at the Country Club that had never been properly recorded with the County. Stutzman requested that the Council approve this subdivision. Motion was made by Drake, seconded by Krause, to accept the recommendation of the Planning Commission, and approve this subdivision proposal from Bobby Milton. On roll call voting aye, Schrock, Lawver, Krause, Drake. Nays none. Motion carried.
Mark Stutzman discussed with the Council a proposed subdivision request submitted by Dave Bruntz. This has been recommended for approval by the Planning Commission, however Mayor Vossler said he spoke with Dave Bruntz and Bruntz requested no action be taken at this time.
Fire Chief, Brent Milton, had nothing to report.
Jim Ryan attended the meeting and introduced Rick Nelsen from NPPD. Mr. Nelsen presented to the Council copies of the “Friend Nebraska Community Facts” book that was compiled by the Friend Industrial Development Corporation, the City of Friend, Friend Chamber of Commerce, and Nebraska Public Power District. The purpose of the booklet is to provide basic information about Friend in an effort to promote community development.
On behalf of the Friend Industrial Development Corporation, Jim Ryan requested the Council consider approving a revision to the loan terms for the Little Friends CDBG loan. Mr. Ryan said the Friend Industrial Development Corporation unanimously voted to recommend a motion to the Friend City Council to change the terms of the Little Friends $17,600 CDBG loan from five years to ten years in exchange from a 2nd position lien to a 1st position lien on all real estate and property involved at the day care site. Motion to accept and approve the recommendation of the Friend Industrial Development Corporation to change Little Friends CDBG loan terms from five years to ten years was made by Krause, seconded by Schrock. On roll call voting aye, Lawver, Krause, Schrock. Nays none. Drake abstained. Motion carried.
Tom Sorenson, Financial Advisor from Edward Jones attended the meeting. Mr. Jones discussed with the Mayor and Council proposals for refinancing options for certain outstanding bond issues of the City. (Copies of these debt service comparisons and schedules are attached.) No action taken at this time.
As per Nebraska Revised Statute 51-213 the library board shall, on or before the second Monday in February each year, make a report to the city council or village board or to the county or township board of the condition of its trust on the last day of the prior fiscal year. Such report was provided to the City Council for their consideration by Librarian, Jackie Larsen. After review, motion to accept the Gilbert Public Library Annual Report as submitted was made by Schrock, seconded by Lawver. On roll call voting aye, Drake, Krause, Schrock, Lawver. Nays none. Motion carried.
Mayor Vossler informed the Council that Richard Ziegler submitted to him a letter of resignation from the Andrew Cemetery Board. Mayor Vossler recommended Virgil Nelsen as a replacement to complete Mr. Ziegler’s term, which runs through 2010. Motion was made by Schrock, seconded by Drake, to accept Ziegler’s resignation and to approve Mayor Vossler’s recommended appointment of Virgil Nelsen to the Andrew Cemetery Board. On roll call voting aye, Lawver, Drake, Schrock, Krause. Nays none. Motion carried.
Relating to correspondence from BJ Fictum, Saline County Emergency Management Coordinator, and George Frye, Executive Director of Southeast Nebraska Development District, proposed projects for hazard mitigation, as well as participating in a joint purchasing effort for funding early warning systems were discussed. One of the projects mentioned to include on the hazard mitigation project list was the storm sewer crossings that are in need of repair. After discussion, motion was made by Lawver, seconded by Schrock to approve Friend’s participation in a joint purchasing project through Southeast Nebraska Development District (SENDD) by approving Mayor Vossler sign an application reflecting Friend’s interest and assurance that the local match of 25% is readily available and firmly committed for this joint purchasing effort to accomplish acquisition of a new early warning system or to update Friend’s existing system. (See attached information.) On roll call voting aye Drake, Krause, Schrock, Lawver. Nays none. Motion carried.
Discussion was had relating to the upcoming Midwinter Conference sponsored by the League of Nebraska Municipalities on February 23rd and 24th. Councilman Schrock asked if consideration could be made for the City to pay the fees to have a representative of the Council attend this conference. Council discussed and concluded it would be beneficial to the City to have a representative attend this conference. Motion to approve paying conference fees for up to two representatives (Mayor or Council members) to attend the League of Nebraska Municipalities 2009 Midwinter Conference at the Cornhusker Hotel on February 23rd and 24th was made by Schrock, seconded by Lawver. On roll call voting aye, Drake, Lawver, Schrock, Krause. Nays none. Motion carried.
Mayor Vossler announced that it was time to close the public hearing to receive comments for the One and Six Year Plan for City Improvements. Councilman Lawver recommended that consideration be made to include 6th and State Street on the next plan, and that the Street Committee meet to compile a priority list of streets and intersections in need of repair. Utilities Superintendent Gates added that the intersections at the school, as well as streets in the park area are in need of repair. After discussion, motion was made by Drake, seconded by Krause to close the public hearing for the purpose of receiving comments relating to the One and Six Year Plan for City Improvements for Friend. On roll call voting aye, Schrock, Krause, Lawver, Drake. Nays none. Motion carried. Public hearing closed at 8:05 p.m.
Mayor Vossler read by title proposed Resolution Number 09-02.
R E S O L U T I O N
#09-02
“WHEREAS, the City Street Superintendent has prepared and presented a One Year and Six Year Plan for Street Improvement Program for the City of Friend, Nebraska, and
WHEREAS, a public meeting was held on the third (3rd) day of February, 2009, to present this plan and there were no objections to said plan;
THEREFORE, BE IT RESOLVED BY THE City Council of Friend, Nebraska, that the plans and data as furnished are hereby in all things accepted and adopted.”
Motion was made by Schrock, seconded by Lawver, to adopt Resolution Number 09-02 for the One and Six Year Plan for Street Improvement Plan. On roll call voting aye, Drake, Krause, Schrock, Lawver. Nays none. Motion carried. Resolution Number 09-02 was adopted this 3rd day of February, 2009.
Motion to enter into executive session at 8:07 p.m. to discuss personnel was made by Drake, seconded by Schrock. On roll call voting aye, Lawver, Krause, Drake, Schrock. Nays none. Motion carried.
Motion to reconvene into regular session was made by Lawver, seconded by Schrock. On roll call voting aye, Drake, Schrock, Krause, Lawver. Nays none. Motion carried. Regular session reconvened at 8:40 p.m.
No further business to come before the City Council, motion was made by Schrock, seconded by Lawver to adjourn the meeting. On roll call voting aye, Lawver, Drake, Krause, Schrock. Meeting adjourned at 8:41 p.m.
