04/08/2008 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
APRIL 8, 2008
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.
The Mayor, James Vossler, presided and City Clerk, Debbie Gilmer, recorded the proceedings. The following Councilmembers were present: Harlan Schrock, Dan Drake, Dale Lawver, Dan Fricke. 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.
Motioned by Drake, seconded by Lawver, to approve the Minutes of the March 4, 2008 regular meeting, and the March 2008 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the March 4, 2008 regular meeting, and the March 2008 Treasurer's Report, Fricke, Schrock, Drake, Lawver. Nays none. Motion carried.
Motion was made by Fricke, seconded by Drake, to approve the Warren Memorial Hospital financial reports for February 2008. On roll call voting aye to approve the Warren Memorial Hospital financial reports for February 2008, Lawver, Drake, Fricke, Schrock. Nays none. Motion carried.
A motion was made by Schrock, seconded by Lawver, 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, Fricke, Schrock, Lawver. Nays none. Motion carried.
The claims approved were as follows: March Payroll, 16,958.33; Ameritas, 1569.20; EFTPS, 5360.11; Alltel Cellular, se. 419.18; Anderson, Don, re. 237.43; Aquila, se. 372.45; BVH, su. 6.34; Baker & Taylor, su. 50.38; Barco Muni Prod, su. 1409.46; Beatrice Concrete, su. 1146.36; Beaver Hardware, su. 44.85; Book Farm, su. 65.80; Brothers Equip, su. 26.15; Castle Construction, fe. 76,014.36; Central States Lab., su. 2981.05; Crete Lumber, su. 393.33; Culligan, se. 43.00; Discover, su. 811.24; EMC Ins, 1258.00; Eakes, su. 65.12; Exeter Lumber, su. 560.93; Farmer’s Coop, su. 1669.71; Friend VFD, re. 53.32; Galaxy Cable, se. 45.43; Gale, su. 44.93; Galls, su. 45.48; Gene’s Electric, se. & su. 23,021.60; Geneva Activity & Ed, fe. 130.00; Great Plains One-Call, fe. 15.98; Johnson Pharmacy, su. 22.31; Jr Library Guild, su. 112.50; Kirkham Michael, fe. 5341.64; Konica, fe. 73.05; Mary Kubicek, re. 165.34; Jackie Larsen, re. 168.32; Menards, su. 411.86; Chris Michl, se. 420.00; Midwest Labs, su. 231.68; Michael Mullally, fe. 591.00; Muni Su, su. 2458.44; NMPP, fe. 1252.74; NE Dept of Rev, SWH, 823.00 & Sales & Use Tax, 5297.29; NE Public Health Lab, se. 18.00; NE Public Power, su. 34,709.85; Nat’l Arbor Day Found, fe. 15.00; Nebraskaland Mag, fe. 18.00; Norris Public Power, se. 3685.60; Nu-Towel, su. 143.40; OMB Police Supply, su. 278.89; Office Cash, su. 73.85; Pioneer Publishing, fe. 141.75; Platte Valley Comm, su. 51.00; Principal Mutual, fe. 2636.75; Saline County Clerk, fe. 12.00; Shell, 181.40; Marvin Slepicka, fe. 750.00; Mark Stutzman, fe. 247.50; The Depository Trust, bond pmt, 13,995.00; The Garbage Co, se. 181.77; WEF, fe. 90.00; Warren Memorial Hospital, su. 3.84; Windstream, se. 618.17; Wingate, fe. 119.90; Yokel’s, su. 58.34; Young’s, se. 1165.06. Total Claims Approved $211,383.76.
Mayor Vossler asked if anyone had correspondence to discuss at this time. Councilman Dan Drake said that to address an issue highlighted in the City of Friend Financial Statements and Supplemental Data for the year ended September 30, 2007 as prepared and presented by the City’s accountants, Romans, Wiemer & Associates, he had a copy of the Physician Employment Winddown Agreement from Warren Memorial Hospital verifying that in reference to Note 15, Employment Contracts, on page 63 of the City of Friend Financial Statements for year ended September 30, 2007, William Dailey, M.D. did in fact repay the Hospital the amount of $4,429.17 ($5,000 paid on February 12, 2007 plus 9% interest of $262.50 and minus the forgiveness amount of $833.33), according to the signing bonus found in Section 5k of the Physician Employment Agreement. Councilman Drake requested that Debbie Gilmer contact Romans, Wiemer & Associates to inform them of this.
Councilmember Fricke introduced the following proposed ordinance:
ORDINANCE NO. 08-704
AN ORDINANCE RENEWING THE CABLE TELEVISION FRANCHISE WITH
GALAXY CABLE INC. DBA GALAXY CABLEVISION, AND APPROVING
THE CHANGE OF EXPIRATION DATE
WHEREAS, Galaxy Cable Inc. d/b/a Galaxy Cablevision operates a cable television system within the City of Friend, Nebraska, under franchise Ordinance Nos. 434 and 511, as assigned and amended; and
WHEREAS, the franchise granted under Ordinance Nos. 434 and 511 was for a period of fifteen (15) years; Ordinance No. 434 was extended, and the franchise thereunder is now due to expire on June 3, 2010; however the franchise granted under Ordinance No. 511 will expire December 31, 2010; and
WHEREAS, for clarification, Galaxy Cable Inc. has requested that the City of Friend confirm that the current enabling cable television ordinance is and shall be Ordinance No. 511, as assigned and amended; and
WHEREAS, Galaxy Cable Inc. has requested that the City grant renewal of said Ordinance No. 511; and
WHEREAS, pursuant to Section 17 of Ordinance No. 511, Galaxy Cable Inc. is entitled to renewal of the franchise for an additional fifteen (15) years if it has substantially complied with all material terms of the franchise and will continue to meet the terms of the franchise; and
WHEREAS, the City has determined that Galaxy Cable Inc. is entitled to a renewal of the franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Friend, Nebraska, that:
SECTION 1: Ordinance No. 511, as assigned and amended, is and shall be the current enabling cable television franchise.
SECTION 2: The request of Galaxy Cable Inc. d/b/a Galaxy Cablevision to renew cable television Ordinance No. 511, as assigned and amended, and to change the expiration date thereof to December 31, 2025, is hereby granted.
SECTION 3: Except to the extent affected herein, franchise Ordinance No. 511, as assigned and amended, shall continue in full force and effect.
Motion was made by Fricke, seconded by Drake that the statutory rule requiring that ordinances be read by title on three different days be suspended so that the proposed ordinance might be introduced, read by title and approved for final passage on the same day, without the same being read in full. On roll call voting in favor of the motion to suspend the statutory rule, Schrock, Lawver, Fricke, Drake. Nays none. The motion to suspend the statutory rule having been agreed upon by at least three-fourths of all of the Councilmembers present and acting, the Mayor declared the motion passed and the statutory rule suspended.
Following the reading of the title of Ordinance #08-704, Councilman Schrock moved that Ordinance #08-704 be approved for final passage, which motion was seconded by Councilman Lawver. On roll call vote, the following Councilmembers voted in favor of the passage of Ordinance #08-704, Fricke, Schrock, Drake, Lawver. Nays none. The passage of Ordinance #08-704 having been agreed upon by a majority of the Council, the Mayor declared the Ordinance passed and adopted on April 8, 2008.
Mayor Vossler read the following proposed resolution:
Resolution No. 08-04
Whereas, local municipal and county government must provide leadership for improving community and economic development efforts; and
Whereas, community and economic development needs can best be determined and solved through a cooperative effort between elected officials and the citizens they represent; and
Whereas, the Nebraska Community Improvement Program, administered by the Nebraska Department of Economic Development, has been reviewed and found to be a means to improve our community; and
Whereas, the city council of the city of Friend, Nebraska do herewith pledge their full support, endorsement, and cooperation in carrying out the requirements of the NCIP;
Now Therefore Be It Resolved, that the city urges its citizens to join this effort and hereby declares this city to be an official entrant in the NCIP for the next three years of 2008, 2009, and 2010.
Motion to approve proposed Resolution No. 08-04 was made by Drake, seconded by Fricke. On roll call voting aye, Lawver, Drake, Schrock, Fricke. Nays none. Motion carried. Resolution No. 08-04 was passed and approved April 8, 2008.
Mayor Vossler read the following proposed resolution:
RESOLUTION NO. 08-05
WHEREAS, the City of Friend wishes to enter into an agreement with the State of Nebraska Department of Roads to construct a school sidewalk route in various parts of the community leading to and from Friend Public Schools, with funds made available through STP Safe Routes Program funds, and
WHEREAS, the Federal share payable shall be a maximum of one hundred percent of the eligible costs thereof, up to a maximum payment from federal funds of $164,023.00, and
WHEREAS, the City of Friend has committed to in-kind donation of approximately $1,200, and
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA, that the City enter into an agreement with the State of Nebraska Department of Roads for the construction of a school sidewalk route from various parts of the community to Friend Public Schools; that this project be constructed under the designation of Project Number SRTS-76(41), State Control No. 12947, and that the terms and conditions as contained in the Agreement with the Nebraska Department of Roads are hereby approved and that the Mayor is hereby authorized to execute said Agreement.
Motion to approve proposed Resolution No. 08-05 was made by Lawver, seconded by Schrock. On roll call voting aye, Fricke, Schrock, Drake, Lawver. Nays none. Motion carried. Resolution No. 08-05 was passed and approved April 8, 2008.
Mayor Vossler read the following proposed resolution:
RESOLUTION NO. 08-06
WHEREAS, the City of Friend wishes to enter into an agreement with the State of Nebraska Department of Roads to develop and implement use of a designated safe sidewalk route to Friend Public Schools throughout various parts of the community leading to and from Friend Public Schools, with funds made available through STP Safe Routes Program funds, and
WHEREAS, the Federal share payable shall be a maximum of one hundred percent of the eligible costs thereof, up to a maximum payment from federal funds of $1,550.00, and
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA, that the City enter into an agreement with the State of Nebraska Department of Roads to develop and implement use of a designated safe sidewalk route to Friend Public Schools throughout various parts of the community leading to and from Friend Public Schools, that this project be developed and implemented under the designation of Project Number SRTS-76(39), State Control No. 12913, and that the terms and conditions as contained in the Agreement with the Nebraska Department of Roads are hereby approved and that the Mayor is hereby authorized to execute said Agreement.
Motion to approve proposed Resolution No. 08-06 was made by Schrock, seconded by Drake. On roll call voting aye, Fricke, Schrock, Drake, Lawver. Nays none. Motion carried. Resolution No. 08-06 was passed and approved April 8, 2008.
Patrick Gates, Utilities Superintendent, gave his report. Gates informed the Council that he received Contactor’s Progress Estimate #2 for the Friend Lake Restoration Project for Castle Construction, Inc. The estimate submitted for Council’s review and official approval was in the amount of $76,014.36. After discussion, motion to approve the submitted Contractor’s Progress Estimate #2 for Castle Construction, Inc., in the amount of $76,014.36, for the Friend Lake Restoration Project was made by Drake, seconded by Schrock. On roll call voting aye, Lawver, Fricke, Schrock, Drake. Nays none. Motion carried.
Also discussed were concerns of flooding on the west side of the lake on Chestnut Street. Gates said an overflow tube has been installed underneath the dike to manage this.
Gates talked about the final grading for seeding the lake area.
Patrick Gates asked the Council if they would object to using gravel where the proposed trails will be rather than seeding it at this time, until the grant for the trail project is received. The gravel would be in place to pour concrete over once the trail project begins, and it would allow the trails to be usable now. Gates said he would calculate an approximate volume of gravel needed for this and report back to the Council on an approximate cost. Council discussed and had no objections.
Mr. Gates said the yellow dump truck was taken to the Saline Center sale. The truck sold for $450 of which the City got $373.50.
Gates said work continues on the north drainage. (North side of town, across the railroad tracks.)
Gates reported on the progress made at the park in an effort to comply with the loss control recommendations received from the City’s insurance carrier. Gates said he has a meeting scheduled for May 8th with a representative to review the status of these recommendations.
Gates requested Council’s approval for Kyle Goplin and Scott Leisy to be co-managers at the swimming pool. Council approved. Gates also proposed that the City consider paying for Mckenzie Fricke to attend a WSI course in Geneva. Upon successful completion of this course, Ms. Fricke would be certified to give swimming lessons. Council discussed and approved.
Discussion was had regarding electrical service for a new business, Hardwood Artisan, LLC, owned by Mark Stutzman. After discussing, Council approved that the City of Friend construct to premises, electrical service lines for Hardwood Artisan, LLC, and that Mark Stutzman pay for the cost of the installation, by the consumption of electrical energy toward the construction costs incurred for a term of 36 months.
Discussion was had regarding pot holes at the end of 6th Street. Gates said he will work on getting this taken care of.
Police Chief, Mark McFarland gave his Police Report for March 2008. McFarland said March was a busy month, with 34 calls for service. He reported that the new police officer, Anthony Whitmore, graduates from the academy Thursday and will begin working the following Monday. McFarland reported that he received notification of a grant award for new radar equipment from the Nebraska Office of Highway Safety, Department of Motor Vehicles. McFarland also informed the Mayor and Council that the Village of Exeter has requested that he attend their Council meeting to answer questions and offer input to them as they pursue the process of hiring a police officer for Exeter.
Fire Chief, Brent Milton, reported that he has been working with an individual to make arrangements for the Friend Fire Department to burn another structure along Highway 6. Chief Milton said he will keep the Council informed of his progress on this project.
Stanley Krause, 2nd Assistant Fire Chief, said the Friend Fire Department received a cash donation to purchase tables for the Community Building. Krause said when he orders these tables he would like to order four new tables for the City Hall meeting room. Krause said the Fire Department intends to purchase two tables and asked if the Council would consider the City paying for two of these tables. Council discussed and agreed.
Stanley Krause informed the Council that he has been in contact with Greg Ricenbaw about the main conference room table and has asked that Mr. Ricenbaw provide an estimate of the cost to replace/repair the veneer.
Discussion was had regarding the Interlocal Cooperation Agreement with rural fire protection districts of the State of Nebraska to create a mutual finance organization as authorized by the Nebraska Municipal Finance Assistance Act. This mutual finance organization shall be known as the Saline County Rural Fire Protection Mutual Finance Organization. Motion to enter into this agreement was made by Councilman Schrock, seconded by Councilman Lawver. On roll call voting aye, Drake, Schrock, Lawver, Fricke. Nays none. Motion carried.
Mayor Vossler informed the Council that Connie Pieper requested he recommend a replacement for her position on the Gilbert Library Board. Mayor Vossler recommended to the Council that they accept his appointment of Beverly Krause to fulfill the remainder of Mrs. Pieper’s term on this Board. Motion to approve Mayor Vossler’s recommended appointment of Beverly Krause to fulfill the remainder of Connie Pieper’s term to expire in 2011 on the Gilbert Library Board was made by Drake, seconded by Fricke. On roll call voting aye, Schrock, Drake, Lawver, Fricke. Nays none. Motion carried.
Mayor Vossler informed the Council that Bill Sands has indicated that he no longer wants to be a member of the Friend Housing Authority. At this time, Mayor Vossler had no appointment recommendations for this position.
Councilman Dan Drake said he has been in contact with Harold Brown in regards to a transformer of the City’s that is on Brown’s property at the end of Edward Street. Discussion was had about having a signed easement/agreement between Mr. Brown and the City. (No action taken at this time.)
Discussion was had regarding the possibility of having Keno on the election ballot in November. Councilman Drake indicated that he feels this would serve as a great development incentive and/or new business recruitment tool for the City. Councilman Drake requested information be provided to him regarding the necessary steps to get Keno on the ballot, as well as processes and timelines to comply with once passed. Debbie Gilmer will provide Councilman Drake with the information she has relating to Keno that was provided to the City by the Charitable Gaming Division of the Nebraska Department of Revenue.
On Wednesday, Mayor Vossler and Councilman Dan Drake will be attending a community meeting in Cordova to answer questions and to address concerns that citizens have regarding the proposed Hospital District that has been approved by the Saline County Board of Commissioners and will be included on the May Primary Election.
With no further business to come before the Council, motion to adjourn the meeting was made by Fricke, seconded by Lawver. On roll call voting aye, Drake, Lawver, Fricke, Schrock. Nays none. Meeting adjourned at 8:20 p.m.
