09/01/2009 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
SEPTEMBER 1, 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, Dale Lawver, Dan Drake, and Harlan Schrock. 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 to receive comments relating to the property tax request for 2009-2010, and to receive comments relating to the proposed 2009-2010 budget. On roll call voting aye, Lawver, Krause, Schrock, Drake. Nays none. Public hearing to receive comments relating to the property tax request for 2009-2010, and to receive comments relating to the proposed 2009-2010 budget opened at 7:01 p.m.
Mayor Vossler announced that public comments would be received at this time. None offered.
Motioned by Schrock, seconded by Krause to approve the Minutes of the August 4, 2009 regular meeting, the August 17, 2009 special meeting, and the August 2009 Treasurer's Report as presented and file same. On roll call voting aye to approve the August 4, 2009 regular meeting minutes, the August 17, 2009 special meeting minutes, and the August 2009 Treasurer's Report, Drake, Schrock, Krause, and Lawver. Nays none. Motion carried.
Motioned by Lawver, seconded by Schrock to approve the Warren Memorial Hospital financial report for the month of July. On roll call voting aye to approve the July 2009 Warren Memorial Hospital financial report, Krause, Lawver, Drake, Schrock. 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, Schrock, Krause, Drake, Lawver. Nays none. Motion carried.
The claims approved were as follows: August Payroll, 24,439.81; Alltel Cellular, 541.18; Ameritas, 1818.40; EFTPS, 7436.16; Ammunition, su 159.50; Don Anderson, re 237.43; BVH, su 12.22; Baker & Taylor, su 222.16; Beatrice Concrete, su 554.40; Big Red Press, su 13.28; Black Hills Energy, fe 119.61; Keith Clouse, fe 250.00; Computer Tutor, se 75.00; Dell Marketing, su 809.98; Discover, su 724.37; EMS Billing, se 351.37; Farmers Coop, su & se 1387.10; Friend Sentinel, fe 76.41; Galaxy Cable, se 39.95; Gene’s Electric, se & su 32,799.35; Great Plains One-Call, se 21.03; Johnson Pharmacy, su 26.13; Jr Library Guild, su 38.16; Kirkham Michael, fe 1900.00; Konica, fe 73.05; Jackie Larsen, re 10.00; League of NE Muni, fe 569.00 & 1387.00; Midwest Labs, se 395.64; Milligan Farming Svc, se 540.72; Michael Mullally, fe 360.00; Muni Emergency Svc, se 781.49; Muni Supply, su 44.20; NE Dept of Rev, SWH, 1015.53, fe 25.00, Sales & Use Tax, 7677.28; NE Public Health, se 32.00; NE Public Power, se 63,508.29; Norris Public Power, se. 3901.95; Office Cash, su 87.86; Postmaster, 190.50; Principal Mutual, fe 3974.81; Ray Rohrig, re 84.62; Romans, Weimer & Assocs, fe 1075.00; Ross Repair, se 11.50; Sensus Metering System, eq 1320.00; Seward Electronics, se 115.00; Shell Fleet Plus, su 207.11; Marvin Slepicka, fe 750.00; Sport Supply, su 333.63; The Garbage Co, se 203.07; Windstream, se 764.25. Total Claims Approved $163,491.50.
Stanley Krause reported to the Mayor and Council that he received correspondence from Norene Fitzgerald relating to status of the Emergency Warning System/Siren Project/Joint Purchasing Project. Ms. Fitzgerald states in her correspondence that the application for this project has passed the first hurdle of several steps in the application approval process and a second portion of the application is in development with an official approval expected within several months of submittal. (Copy of this correspondence is attached.)
As no comments were offered relating to the property tax request for 2009-2010, or relating to the proposed 2009-2010 budget, motion was made by Schrock, seconded by Krause, to close the public hearing. On roll call voting aye, Lawver, Schrock, Drake, Krause. Nays none. Public hearing to receive comments relating to the property tax request for 2009-2010, and to receive comments relating to the proposed 2009-2010 budget closed at 7:10 p.m.
Proposed Ordinance Number 09-708 was introduced and read by title. Councilman Lawver moved that the statutory rule requiring reading on three different days be suspended. Councilman Schrock seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting aye, Drake, Krause, Lawver, 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. 09-708
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, 2009 through September 30, 2010. 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 Krause moved for final passage of Ordinance Number 09-708, which motion was seconded by Councilman Drake. On roll call voting aye, Lawver, Drake, Schrock, Krause. 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 09-708 was adopted this 1st day of September, 2009.
Mayor Vossler introduced and read proposed Resolution Number 09-08, to approve the 2009-2010 property tax request.
RESOLUTION NO. 09-08
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 2009-2010 property tax request be set at $266,260.05.
2. A copy of this resolution be certified and forwarded to the County Clerk on or before October 13, 2009.
Motion to adopt Resolution Number 09-08 was made by Drake, seconded by Lawver. On roll
call voting aye, Schrock, Lawver, Krause, Drake. Nays none. Motion carried. Resolution
Number 09-08 was passed and approved this 1st day of September, 2009.
Attorney Mullally now present at 7:15 p.m.
Mayor Vossler introduced and read proposed Resolution Number 09-09, relating to a special
designated liquor license application from the Friend Historical Society for the Downtown
Friend Festival to be held October 10, 2009.
RESOLUTION #09-09
A resolution of the Mayor and the City Council of the City of Friend, Saline County, Nebraska, approving the application of the Friend Historical Society, for a special designated permit under the Nebraska Liquor Control Act, to serve beer/wine/liquor during the Friend Historical Society’s Downtown Friend Festival to the held on October 10, 2009 in the City of Friend. The said special designated permit to be held between the hours of 5:00 p.m. and 12:00 a.m. midnight on October 10, 2009, pursuant to the Municipal Code of the City of Friend, and the Nebraska Liquor Control Act.
Motion to adopt Resolution Number 09-09 was made by Krause, seconded by Drake. On roll call voting aye, Schrock, Lawver, Drake, Krause. Nays none. Motion carried. Resolution Number 09-09 was passed and approved this 1st day of September. 2009.
Mayor Vossler introduced and read proposed Resolution Number 09-10, relating to the water supply system and loan from the Nebraska Department of Environmental Quality.
RESOLUTION #09-10
WHEREAS, the City of Friend, Nebraska recognizes that a properly functioning public water supply system is necessary to the health and welfare of the citizens of the City; and
WHEREAS, the Mayor and City Council have determined that portions of the City public water supply system are in need of significant repair and improvement; and
WHEREAS, funding for the cost of the repair and improvement of portions of the City public water supply system may be obtained by loan from the Nebraska Department of Environmental Quality, subject to certain requirements and obligations;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Friend, Nebraska that they should execute the contract for loan between the Nebraska Department of Environmental Quality and the City of Friend, Nebraska designated as Project No. D311-512, incorporated by reference into this Resolution as if fully set forth; and
BE IT FURTHER RESOLVED, James W. Vossler, Mayor, is hereby directed to execute the contract and all other documents necessary to facilitate the loan between the Nebraska Department of Environmental Quality and the City of Friend, Nebraska for the purpose of repairing and improving the City public water supply system; and
BE IT FURTHER RESOLVED THAT Patrick K. Gates, Utilities Superintendent, be authorized and directed to sign all necessary documents, to furnish such assurances to the State of Nebraska as may be required by law or regulations, and to receive payment on behalf of the applicant.
Motion to adopt Resolution Number 09-10 was made by Schrock, seconded by Lawver. On roll call voting aye, Krause, Lawver, Drake, Schrock. Nays noen. Motion carried. Resolution Number 09-10 was passed and approved this 1st day of September, 2009.
Utilities Superintendent, Patrick Gates, gave his report. Mr. Gates informed the Council that each community scheduled to receive DWSRF-ARRA (Drinking Water State Revolving Fund Act-American Recovery and Reinvestment Act) funds needs to obtain a Dun and Bradstreet number. Motion to authorize Patrick Gates to obtain a Dun and Bradstreet number on behalf of the City of Friend, in order to meet this requirement to be eligible to receive DWSRF-ARRA funds was made by Lawver, seconded by Schrock. On roll call voting aye, Drake, Lawver, Schrock, Krause. Nays none. Motion carried.
Gates also reported on the following.
- A preconstruction meeting was held today relating to the well project. Digging to begin tomorrow.
- A preconstruction meeting was held today relating to the sewer project. Plans are to have this project completed within the next three weeks.
- Work is in process on repairing streets.
Police Chief, Mark McFarland informed the Mayor and Council that he has experienced problems with his computer, which has prevented him from being able to produce his report for the month. McFarland will provide the Mayor and Council with a copy of this report once the computer problem is resolved.
Building Inspector, Mark Stutzman, reported that the location proposed on a previously discussed building permit application for a cellular tower will no longer be on Dave Stutzman’s property. New location has not yet been determined.
Stanley Krause reported on behalf of the Friend Volunteer Fire Department.
Ray Rohrig, Captain of the Friend Rescue Squad, reported for the Squad. Rohrig requested approval from the Council to purchase a Certificate of Deposit with funds from Friend Rescue Squad’s account. Council had no objections.
Discussion was had relating to a recommendation of the Planning Commission for approval of a subdivision that was applied for by Greg Ricenbaw. Legal description of this tract, as described on the Survey Record, follows:
“A tract of land located in the NW ¼ of the NE ¼ In Section 23, T8N, R1E of the 6th P.M., City of Friend, Saline County, Nebraska, described as follows:
Commencing at the SW corner of Sycamore Street and 2nd Street in said City of Friend; thence S00º00’0”W (assumed bearing) on the westerly R.O.W. line of said Sycamore Street, 265.00; thence N89º21’24”W parallel with the southerly R.O.W. line of said 2nd Street, 117.30 feet to the point of beginning; thence continuing N89º21’24”W, 100.00 feet; thence N00º48’20”E, 115.00 feet; thence S89º21’24”E parallel with the southerly R.O.W. line of said 2nd Street, 100.00 feet; thence S00º48’20”W, 115.00 feet to the point of beginning.”
After discussion and consideration, motion to accept the recommendation of the Planning Commission and to approve the subdivision of the above described tract as applied for by Greg Ricenbaw, was made by Drake, seconded by Krause. On roll call voting aye, Schrock, Krause, Drake, Lawver. Nays none. Motion carried.
The agenda item “Annual Employee Salary Increases” was tabled until the October 6, 2009 meeting.
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, Schrock, Krause, Lawver. Nays none. Motion carried. Meeting adjourned at 7:50 p.m.
