10/06/2009 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
OCTOBER 6, 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, and Harlan Schrock. Dale Lawver was absent. 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 at this time. Cynthia Cassel was in attendance and requested permission from the Mayor and Council for Scout Troop 270 to sell pumpkins on the City lot located on the corner of Highway 6 and Maple Street. Council had no objections.
Motioned by Krause, seconded by Drake to approve the Minutes of the September 1, 2009 regular meeting, and the September 2009 Treasurer's Report as presented and file same. On roll call voting aye to approve the September 1, 2009 regular meeting minutes, and the September 2009 Treasurer's Report, Schrock, Krause, Drake. Nays none. Lawver absent. Motion carried.
Motioned by Schrock, seconded by Krause to approve the Warren Memorial Hospital financial report for the month of August. On roll call voting aye to approve the August 2009 Warren Memorial Hospital financial report, Drake, Krause, Schrock. Nays none. Lawver absent. Motion carried.
Attorney Mike Mullally present at 7:10 p.m.
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. Nays none. Lawver absent. Motion carried.
The claims approved were as follows: September Payroll, 27,521.15; Alltel Cellular, 444.71; Ameritas, 931.71; Armored Textiles, su 1434.46; EFTPS, 8351.46; B2 Environ, fe 950.00; BVH, su 27.42; Baker & Taylor, su 84.70; Bauers Trucking, fe 1406.06; Beatrice Concrete, su 2147.70; Beaver Hardware, su 114.81; Big Iron, 13,000.00; Black Hills Energy, fe 121.50; Central States, se, fe 32,827.51; Chief Supply, su 81.95; Keith Clouse, fe 250.00; Computer Tutor, se 800.00; Crete Lumber, su 82.88; Culligan, su 43.00; D&D Comm, se 637.50; Demco, su 84.61; Discover, su 1712.12; EMC Ins, fe 2593.00; EMS Billing, se 138.23; Eakes, su 259.73; EMP, su 72.45; Exeter Lumber, su 550.33; Farmers Coop, su & se 1723.68; Fireguard, su 205.51; First Natl, CD 5000.00; Kirk Foley, se 320.00; Friend Medical Center, fe 55.00; Friend Public School, su 362.00; Friend Sentinel, fe 73.00; Galaxy Cable, se 39.95; Gale, su 47.18; Gene’s Electric, se & su 22,283.10; Great Plains One-Call, se 43.07; Herpolsheimers, se 406.66; Hinkeldey Construction, se 440.00; Johnson Pharmacy, su 136.67; Jr Library Guild, su 38.16; Kansas State Bank, 8218.16; Konica, fe 73.05; Chris Michl, se 428.40; Midwest Labs, se 85.97; Michael Mullally, fe 768.00; NMC, fe 2500.00; NE Dept of Rev, SWH, 1178.22, Sales & Use Tax, 6547.52; NE Muni Power Pool, fe 2350.00; NE Public Power, se 55,704.60; Nick’s Farm Store, su 94.34; Norris Public Power, se. 3901.95; Principal Mutual, fe 3974.81; Qualification Targets, su 109.25; Rasmussen Stewart, Inc. se 761.93; Reiman Publications, su 10.00; Ross Repair, se 51.50; Sargent Drilling, se 3935.59 & 115,879.09; Scholastic Library, su 38.95; Seward Electronics, se 124.00; Shell Fleet Plus, su 215.54; Sioux Sales, se 161.80; Marvin Slepicka, fe 750.00; Southeast NE Dev District, fe 352.00; Sport’s Express, su 685.75; Steve’s Repair, se 602.67; Styskal Irrigation, fe 834.60; The Garbage Co, se 203.07; WMH, fe 139.00; Windstream, se 776.40; Young’s Welding, se 76.10. Total Claims Approved $340,375.23.
Proposed Ordinance Number 09-709 was introduced and read by title. Councilman Krause moved that the statutory rule requiring reading on three different days be suspended. Councilman Drake seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting aye, Schrock, Drake, Krause. Members voting nay, none. Lawver absent. 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. 09-709
AN ORDINANCE PROVIDING FOR THE CLOSING AND VACATING OF AN UN-PLATTED STRIP OF REAL PROPERTY PARTIALLY SERVING AS AN ALLEYWAY LOCATED IN LOT 121 OF THE ORIGINAL TOWN OF FRIEND, NEBRASKA; TO MAKE A DETERMINATION AS TO THE DAMAGES CAUSED TO THE PUBLIC BY THIS VACATION; 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:
Section 1. Property Vacated. The following un-platted strip of real estate which is serving, in part, as an alleyway located and described as follows:
The south ten (10) feet of Lot 121, Original Town, City of Friend, Saline County, Nebraska;
which was originally deeded to “the Public” by Elijah and Mary Winslow via a quitclaim deed recorded on June 9, 1884 and recorded with the Saline County Clerk at Book 21, Page 499, is hereby vacated and closed in accordance with the laws of the State of Nebraska, in connection with the vacation and closing of streets and alleys and the City Clerk is hereby authorized, empowered, and directed to certify the same to the Register of Deeds of Saline County, Nebraska and to designate upon the official map of the City of Friend the closing and vacating thereof.
Section 2. Public Interest/Damages to Public. It is deemed advantageous and in the public interest, safety, welfare, and convenience to vacate and close said alleyway thereof, and that upon vacation and closing, said real estate shall revert to the owner or owners of lots or lands abutting the same in proportion to the respective ownerships of such lots or grounds. It is further specifically found that no damages are sustained by the Public by virtue of this vacation.
Section 3. Reservation of Easements. The City of Friend, and public utilities and any cable television systems retain the right to maintain, operate, repair, and replace by itself or by any licensee or agent any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility now located in said property vacated and closed by the Ordinance.
Section 4. When Operative. This ordinance shall be in full force and effect from and after its passage, approval, and publication or posting as provided by law and City Ordinance.
Councilman Drake moved for final passage of Ordinance Number 09-709, which motion was seconded by Councilman Schrock. On roll call voting aye, Krause, Drake, Schrock. Voting nay, none. Lawver absent. The passage and adoption of said ordinance, having been concurred and by a majority of all Members of the City Council, Ordinance Number 09-709 was adopted this 6th day of October, 2009.
Councilman Krause introduced an ordinance (the “Ordinance”) entitled as follows:
ORDINANCE NO. 09-710
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A TAX ANTICIPATION NOTE OF THE CITY OF FRIEND, NEBRASKA IN THE PRINCIPAL AMOUNT OF $363,000.00 TO PROVIDE FINANCING FOR CERTAIN OPERATING EXPENSES OF WARREN MEMORIAL HOSPITAL; PRESCRIBING THE FORM AND DETAILS OF THE NOTE; COVENANTING TO PAY SUCH NOTE FROM THE REVENUES OF WARREN MEMORIAL HOSPITAL AND, IF NECESSARY, TO LEVY TAXES IN AMOUNTS SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON THE NOTE; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM AND RELATED MATTERS
and moved that the statutory rule requiring that ordinances be read by title on three different days be suspended so that the Ordinance might be introduced, read by title and then moved for final passage on the same day, without the same being read in full, which motion was seconded by Councilman Drake. On roll call vote, the following Council Members voted in favor of the motion to suspend the statutory rule: Harlan Schrock, Dan Drake, Stanley Krause; the following Council Members voted against the motion to suspend the statutory rule: none; the following Council Members were absent or did not vote: Dale Lawver. The motion to suspend the statutory rule having been agreed upon by at least three-fourths of all of the Council Members present and acting, the Mayor declared the motion passed and the statutory rule suspended.
Following the reading of the title of the Ordinance, Councilman Schrock moved the Ordinance (Number 09-710) for final passage in substantially the form attached hereto with such changes and modifications as shall be determined by the Mayor to be in the best interest of the City, which motion was seconded by Councilman Drake. On roll call vote, the following voted in favor of the passage of the Ordinance (Number 09-710): Krause, Drake, Schrock; the following voted against the passage of the Ordinance: none; the following Councilman was absent or did not vote: Dale Lawver. The passage of the Ordinance having been agreed upon by a majority of the Council, the Mayor declared the Ordinance passed and, in the presence of the Council, signed and approved the Ordinance. The Clerk attested to its passage by signing the same and affixing the seal of the City to the Ordinance. A true and complete copy of the Ordinance (Number 09-710) is attached hereto.
Mayor Vossler read the following proposed resolution:
RESOLUTION # 09-11
APPLICATION TO BECOME DEPOSITORIES
To the Honorable Mayor and City Council, Friend, Nebraska;
Comes now the First National Bank of Friend, Nebraska and Farmers & Merchants Bank of Milligan, Nebraska and herewith respectfully petition and make application to become depositories of the monies and funds of the City of Friend, Nebraska, for coming fiscal year beginning October 1, 2009. Respectfully submitted, First National Bank, Friend, by/ Jim Niemeier, and Farmers & Merchants Bank, Milligan, Nebraska by/ Melvin Taylor. The following resolution was then read by the Mayor.
BE IT RESOLVED BY THE Mayor and the City Council of the City of Friend, Saline County, Nebraska.
WHEREAS; The First National Bank of Friend, Nebraska and the Farmers and Merchants Bank of Milligan, Nebraska have filed applications for the privilege of becoming depositories for the monies and funds of the City of Friend, Nebraska for the fiscal year beginning October 1, 2009, and
WHEREAS; The First National Bank of Friend, Nebraska and the Farmers and Merchants Bank of Milligan, Nebraska 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, Saline County, Nebraska, and the Farmers and Merchants Bank of Milligan, Fillmore County, Nebraska are hereby approved as depositories for the 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.
After reading the above proposed resolution, motion was made by Drake, seconded by Schrock, to adopt Resolution No. 09-11. On roll call voting aye, Krause, Drake, Schrock. Nays none. Lawver absent. Motion carried. Resolution No. 09-11 was passed and approved this 6th day of October 2009.
Utilities Superintendent, Patrick Gates, gave his report. Mr. Gates requested Council’s approval to authorize Mayor Vossler to sign a contract with Kirkham Michael for design and construction engineering services for the Friend Trail Project. Krause motioned, seconded by Drake, to authorize Mayor Vossler to enter into an agreement with Kirkham Michael by signing a contract with them to begin design and construction engineering services for the Friend Trail Project. (The design phase services are proposed at $11,500 and the construction engineering services are proposed at $10,800. This is 30% less than the amount reported in the grant proposal from the Nebraska Game & Parks Commission.) On roll call voting aye Schrock, Krause, Drake. Nays none. Lawver absent. Motion carried.
Mr. Gates informed the Council of a bid letting that was held October 5th for the Chestnut Street Culvert Project. Upon receipt and review of the proposed bids, it is the recommendation of the City engineers, Kirkham Michael that the award be made to Pat Thomas Construction on their proposal of $35,467.25 for the 54-inch RCP Culvert base bid. Bids ranged from $35,467.25 to $57,439.00. Motion to accept Kirkham Michael’s recommendation and award this to Pat Thomas Construction for their proposal of $35,467.25 for the 54-inch RCP Culvert base bid for the Chestnut Street Culvert Project was made by Drake, seconded by Schrock. On roll call voting aye, Krause, Schrock, Drake. Nays none. Lawver absent. Motion carried.
Patrick Gates reported to the Council that the well at the shop is now completed and back on line. Gates said it is producing good water and is producing better than it has for the past two years.
Mr. Gates told the Council that the new well has been completed and the pump and piping have been installed. Gates is preparing to begin construction of the building, and installation of the electrical service is scheduled to begin later this week.
Mr. Gates presented to the Mayor and Council for their review and official approval, Progress Estimate Number 1 in the amount of $115,879.09 for Sargent Drilling, contractor for construction of the new Friend well. Motion to approve Progress Estimate Number 1, in the amount of $115,879.09 to Sargent Drilling for the Friend Municipal Water Well was made by Schrock, seconded by Krause. On roll call voting aye, Drake, Schrock, Krause. Nays none. Lawver absent. Motion carried.
Patrick Gates informed the Mayor and Council of an opportunity he has to bid on a used motor grader through an on-line auction process. This grader is located in Lincoln. After discussion and review of information provided by Gates it was agreed that the Mayor, Patrick Gates, as well and any interested Council member(s), go to Lincoln to inspect this machine for further consideration.
Mr. Gates told the Mayor and Council that he would like to remove the block outhouses from the park. The Mayor and Council had no objections.
Patrick Gates informed the Mayor and Council that the lease on the skid loader is up for renewal and requested Council’s approval to allow him to contact Nebraska Machinery Company to negotiate and execute a new lease/purchase of a Caterpillar Skid Steer Loader Model 252B C3 for a period of 12 months at a rate of $2,500, plus incidentals. Discussion was had and motion was made by Schrock, seconded by Krause to allow Superintendent Patrick Gates to proceed with this Lease/Purchase Agreement and to grant Mayor Vossler all necessary authority to sign all required documents on behalf of the City of Friend allowing the Utility Department to enter into said agreement. On roll call voting aye, Drake, Krause, Schrock. Nays none. Lawver absent. Motion carried.
Police Chief, Mark McFarland submitted his police report to the Council for the month of September 2009. (Copy of this report is attached.)
Building Inspector, Mark Stutzman, had nothing to report.
Stanley Krause reported on behalf of the Friend Volunteer Fire Department. Krause informed the Mayor and Council that the Department has successfully burned two houses, as scheduled, since the last meeting. Krause said one more is scheduled to burn once the necessary permits are received.
Dan Drake informed the Council that he received notification of a grant the hospital received from an anonymous foundation for $31,200 for windows. Drake reported that there are 71 windows needing to be replaced at the hospital, and that when the hospital acquired a loan from the USDA to repair the roof, a $21,000 grant was attached to this loan specifically intended to be used for a project of this nature. Drake said that along with this $52,200, an additional $20,000 (approximate) will be needed to complete this project.
Belinda Crompton attended the meeting to address the Mayor and Council regarding a recent incident involving her dog. Ms. Crompton’s dog, Jack, was reportedly picked up by the Friend Police Department and impounded in the old depot building east of the police station. While impounded, Jack allegedly escaped through a broken window and has never returned home. Ms. Crompton presented to the Mayor and Council an invoice for reimbursement of veterinary bills of $339.65 and a transcription fee of $100 (for a meeting between Mark McFarland, Mayor Vossler and Belinda Crompton relating to Jack’s impounding and disappearance), for a total of $439.65. Ms. Crompton provided a copy of the transcript of this meeting to the Mayor and Council for their consideration, along with other documents relating to this incident, including a copy of a letter to Ms. Crompton from the City’s insurance company, and copies of reports/notes issued by the Friend Police Department. Ms. Crompton emphasized to the Council that there are numerous discrepancies between the police report(s), witness accounts, and the correspondence submitted to her by EMC Insurance Companies. Ms. Crompton requested the Councilmembers review and consider the information contained in the packets she provided to them and resolve her submitted bill in a timely manner. After discussion, Attorney Mike Mullally suggested he review the packet provided by Ms. Crompton, and after review forward his opinion to Ms. Crompton, the Mayor, and members of the Council for their consideration at that time.
Gilbert Library Board Member, Bev Krause, attended the meeting to discuss computer equipment and computer software needs of the Library. Mrs. Krause informed the Council that the Computer Tutor, Lee DeBevoise, has been servicing the computers at the Library and it is his recommendation that they purchase a custom configured server. Mr. DeBevoise has also recommended that some of the software the Library currently utilizes should be brought up-to-date (Destiny Library Database Software from 6.0 to the current version of Destiny). The estimate submitted by Mr. DeBevoise totaled $5,500. After discussion, the Mayor and Council assured Mrs. Krause that they support the Library’s request for upgrading their equipment and software, but requested the Board check with other libraries of comparable size to gather information on their system(s) and need(s) to be networked.
On behalf of the Friend Industrial Development Corporation, Jim Ryan attended the October 6, 2009 Friend City Council meeting to request the Mayor and Council consider a proposed resolution (Resolution Number 09-12) to approve an agreement relating to a loan by Southeast Nebraska Development District (SENDD) to Hardwood Artisans LLC. After discussion, motion was made by Councilman Schrock, seconded by Councilman Drake, to accept the unanimous recommendation from the Friend Industrial Development Corporation to agree to the “Intercreditor and Subordination Agreement” between Hardwood Artisans LLC, Farmers and Merchants Bank of Milligan, the City of Friend, and SENDD, for a loan by SENDD to Hardwood Artisans, and to authorize Mayor Vossler to sign this Agreement on behalf of the City of Friend, and to approve Resolution Number 09-12. On roll call voting aye, Krause, Drake, Schrock. Nays none. Lawver absent. Resolution Number 09-12 was passed and approved this 6th day of October 2009.
Harlan Schrock reported on the status of some of the ADA issues that he and Dale Lawver have been focusing on during the past several months. Laurie Kelly from the Department of Justice met with Harlan and Dale and recommended to them that accessible parking signs be erected at City Hall and at the Library for people in wheelchairs or with disabilities, as well as signage at City Hall directing person(s) with disabilities from the east door to the south door, where it is currently wheelchair accessible. Ms. Kelly recommended the driveway at the City Hall south door be designated and marked as an accessible parking zone for individuals with disabilities. Schrock added that plans are to alter one of the restrooms at City Hall so that it will be accessible to individuals with disabilities. This project is expected to be fairly inexpensive, at an estimated cost of $200. Discussion was also had relating to the outdoor deposit box and the possibility of moving this box to a location that is accessible to individuals in wheelchairs.
Motion was made by Krause, seconded by Schrock, to add Viola Foley to the Authorized Signature Form at First National Bank for City accounts (to replace Don Anderson). On roll call voting aye, Drake, Krause, Schrock. Nays none. Lawver absent. Motion carried.
The agenda item “Annual Employee Salary Increases” was tabled until the November 3, 2009 meeting.
As the December 2009 City Council meeting falls on the same day as the school music program, Council chose to reschedule the meeting to begin at 5:00.p.m., rather than the regularly scheduled time of 7:00 p.m., on December 1st.
No further business to come before the City Council, motion was made by Krause, seconded by Krause, to adjourn the meeting. On roll call voting aye, Krade, Schrock, Krause. Nays none. Lawver absent. Motion carried. Meeting adjourned at 8:25 p.m.
