07/01/2008 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
JULY 1, 2008
A regular meeting of the Mayor and Council of the City of Friend, Nebraska (the “City”) was held on Tuesday, July 1, 2008, at 7:00 p.m., at the City Hall, 235 Maple Street in Friend, Nebraska; the same being open to the public and preceded by advance publicized notice duly given in strict compliance with the provisions of the Open Meetings act, Chapter 84, Article 14, Reissue Revised Statutes of Nebraska, as amended, and stating (a) the date, time and place of the meeting: (b) that an agenda for the meeting, kept continuously current, was available for public inspection at the City Clerk’s office, 235 Maple Street, Friend, Nebraska; and (c) that the meeting would be open to the attendance of the public, all as evidenced by Exhibit A attached hereto. Advance notice of the meeting was also given to the Mayor and each member of the Council, as acknowledged on Exhibit B attached hereto. Additionally, reasonable efforts were made to provide advance notice of the date, time, and place of the meeting to all news media requesting the same.
The Mayor, Jim Vossler, presided, and the Clerk, Debbie Gilmer, recorded the proceedings. The meeting was called to order and on roll call the Mayor and the following Council Members were present: Harlan Schrock, Dan Drake, Dale Lawver, and Dan Fricke; the following Council Members were absent: none. A quorum being present and the meeting duly convened, the following proceedings were had and done while the meeting was open to the attendance of the public. The Mayor publicly announced the location of a current copy of the Open Meetings Act posted in the meeting room for access by the public.
The Mayor stated that it was now 7:00 p.m., at which time a public hearing was to be held to obtain public comment prior to the consideration of a resolution approving a redevelopment plan for an area of the City previously declared blighted and substandard and in need of redevelopment pursuant to the Community Development Law, Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended (the “Act”). The Clerk reported that notice of the public hearing had been published in The Sentinel on June 11, 2008 and June 18, 2008, as indicated on Exhibit C attached hereto. The Clerk further reported that notice of the public hearing had been mailed by United States Certified Mail, return receipt requested, sufficient postage affixed, to all parties required by Section 18-2115 of the Act, as indicated on Exhibit D attached hereto. The Mayor opened the public hearing and invited all interested persons to be heard.
The following appeared in person or by agent or attorney and were heard: none.
Next, the Mayor stated that a public hearing was to be held to obtain public comment prior to the consideration of a resolution approving an amendment to the General Redevelopment Plan for Redevelopment Area #1 in the manner described in Attachment 3 to the Resolution (the “Plan Amendment”) for the purpose of providing a plan for the completion of certain community redevelopment projects in Redevelopment Area #1, as permitted by the Act. The Clerk reported that notice of the public hearing had been published in The Sentinel on June 11, 2008 and June 18, 2008, as indicated on Exhibit F attached hereto. The Clerk further reported that notice of the public hearing had been mailed by United States Certified Mail, return receipt requested, sufficient postage affixed, to all parties required by Section 18-2115 of the Act, as indicated on Exhibit G attached hereto. The Mayor opened the public hearing and invited all interested persons to be heard.
The following appeared in person or by agent or attorney and were heard: none.
Motioned by Fricke, seconded by Lawver, to approve the Minutes of the June 3, 2008 regular meeting, and the June 2008 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the June 3, 2008 regular meeting, and the June 2008 Treasurer's Report, Drake, Fricke, Lawver, Schrock. Nays none. Motion carried.
Motion was made by Schrock, seconded by Drake, to approve the Warren Memorial Hospital financial reports for May 2008. On roll call voting aye to approve the Warren Memorial Hospital financial reports for May 2008, Lawver, Schrock, Drake, Fricke. Nays none. Motion carried.
After questions were addressed regarding claims for the general fund, and the Park and Recreation Department, a motion was made by Lawver, seconded by Fricke, 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: June Payroll, 23,850.30; Ameritas, 1590.65; EFTPS, 7971.88; Acco, su. 721.95; Alltel Cellular, se. 449.79; AmSan, su. 316.00; Anderson, Don, re. 237.43; Aquila, se. 155.37; BVH, su. 1.09; BairdHolm, fe. 1224.78; Baker & Taylor, su. 171.75; Central States Lab, se. & su. 16,017.97; Keith Clouse, fe. 500.00; Crete Lumber, su. 263.84; Culligan, fe. 43.00; D&D Comm, se. & su., 4876.00; Eakes, su. 131.25; EMS Billing, se. 198.32; Farmer’s Coop, su. 3451.58; Fireguard, su. 240.44; Galaxy Cable, se. 39.95; Gale, su. 23.22; Gene’s Electric, se. & su. 1021.95; Debbie Gilmer, re. 123.48; Holiday Inn, fe. 133.90; Jack Keef Motors, se. 479.17; Junior Library Guild, su. 36.00; Kirkham Michael, fe. 305.77; Konica, fe. 73.05; Jackie Larsen, re. 82.25; League of NE Muni, fe. 255.00; Menards, su. 313.09; Chris Michl, se. 428.40; Midwest Labs, se. 82.28; Michael Mullally, fe. 864.00; NDHHS, fe. 124.60; NE Dept of Rev, SWH, 1129.66 & Sales & Use Tax, 4519.35; NE Public Health Lab, se. 18.00; NE Public Power, su. 57,295.19; Norris Public Power, se. 3685.60; Office Cash, su. 46.50; Pioneer Publishing, fe. 362.47; Platte Valley Comm, se. 89.75; Principal Mutual, fe. 2956.80; Reiman Publ, su. 19.97; Mindy Rohrig, re. 210.00; Ray Rohrig, re. 46.84; Ross Repair, su. 11.00; SCAT, fe. 2605.00; Shell, 437.23; Marvin Slepicka, fe. 750.00; Southeast Comm College, fe. 1175.00; SENDD, fe. 1425.00; The Garbage Co, se. 188.46; VanKirk Bros Contr, fe. 73,235.32; Wells Fargo, street bond int & princ, 44,243.75; Windstream, se. 713.88; Yokel’s, su. 571.90. Total Claims Approved $262,536.17.
Mayor Vossler shared cards of thanks that were received at City Hall. One was from Betty Kohout for mowing that she had requested be done, and the other was to Pat Gates and his staff for their help and for the use of the park and clubhouse for the New Life Community Church-vacation bible school block party.
Patrick Gates, Utilities Superintendent, gave his report. Gates discussed the status of the pool. Gates said he is hoping to get the diving area open by the Fourth of July. Unfortunately, regarding the slide, he doesn’t expect things to happen that quickly. Gates explained that the Nebraska Department of Health and Human Services is requiring that certain issues be addressed prior to their consideration and approval of the slide. Gates has provided design information and specifications to the City engineers so they can prepare and submit a proposal to the NDHHS for their consideration. Gates said he is awaiting a letter of support from the company the slide was purchased from relating to modifications done to the slide for installation that he also plans to submit to the NDHHS for their consideration. At this time all efforts are being made to meet all specifications and requirements requested by the NDHHS so that the slide can be approved for patrons to use soon.
Concerns were brought to Patrick Gates’ attention regarding issues that had recently occurred at the pool. One of the issues was that the pool was closed at a time it was to be open for a party. Gates said he would contact the pool manager to follow up on this as he was unaware of this issue. Another report was that a patron was asked to not leave her child at the pool as she had indicated that she did not feel her child was safe there. Mr. Gates said he had been made aware of this instance and has since talked with the pool manager, as well as the patron involved.
Mayor Vossler asked Gates about the status of 3rd Street. Gates said there is a list of items needing to be fixed. Included on this list of items is the ditch on the south side and seeding it. After discussion of this and various other problems with 3rd Street, Mayor Vossler requested the check for Application for Payment No. 1 submitted by VanKirk Brothers Contracting be withheld until some of these items are fixed.
Mayor Vossler informed the Council that he had been contacted by the Friend Baseball Committee. They would like to request that the contract with Pepsi not be renewed. The Committee also questioned when the building would be finished. Patrick Gates stated that this project will be completed as soon as time allows.
Stan Krause, 2nd Assistant Fire Chief, reported that the old liquor store along Highway 6 has been burned. Also said the Fire Department has been approached to burn a house on the east side of town and possibly one other house in town. Krause asked Patrick Gates if the dirt from the pond could be used to fill a hole that has been left from a previous house the Department burned. Gates said he wouldn’t recommend this dirt as he didn’t feel it was usable. Gates said that even after all this time, the dirt is still muck.
Dan Drake reported on behalf of the Warren Memorial Hospital. Mr. Drake said the Saline County Commissioners have made their appointments to the Hospital District Board. Members appointed and their appointment terms are Gary Tuttle-2 years, Wayne Milton-2 years, Dennis Peters-4 years, Dave McCracken-4 years and Dan Drake-4 years. Mr. Drake explained that until some issues (ie. ownership of the hospital, financial obligations, etc.) are resolved or transferred to the newly appointed District Board, the hospital will remain under the direction of current board.
Discussion was had regarding the Gropp building on Maple Street. Councilman Schrock requested this be included on the agenda as the north wall is deteriorating rapidly and poses a considerable amount of potential danger should the wall come down. After discussion regarding getting the wall fixed, as well as whose responsibility it is to pay for the repairs, it was decided to table this issue for consideration until the August meeting to allow Attorney Scott Gropp to discuss options with his clients, and so that Roth and Troyer Construction can be contacted for a bid to repair this wall.
All persons desiring to be heard having been heard (relating to approving a general redevelopment plan for redevelopment area #1), the Mayor closed the public hearing. Council Member Harlan Schrock then introduced Resolution No. 08-08 and moved its passage and approval:
RESOLUTION NO. 08-08
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA APPROVING A GENERAL REDEVELOPMENT PLAN FOR REDEVELOPMENT AREA #1 OF THE CITY PURSUANT TO THE COMMUNITY DEVELOPMENT LAW, CHAPTER 18, ARTICLE 21, REISSUE REVISED STATUTES OF NEBRASKA, AS AMENDED
Council Member Dan Fricke seconded the motion. On roll call vote, the following Council Members voted in favor of the motion: Dan Fricke, Dan Drake, Harlan Schrock, Dale Lawver; the following Council Members voted against the motion: none; the following Council Members were absent or did not vote: none. The passage of Resolution No. 08-08 having been agreed upon by a majority of the Council, the Mayor declared Resolution No. 08-08 passed and, in the presence of the Council, signed and approved Resolution No. 08-08. The Clerk attested to the passage of Resolution No. 08-08 by signing the same and affixing the seal of the City to Resolution No. 08-08. A true and complete copy of Resolution No. 08-08 is attached hereto as Exhibit E.
All persons desiring to be heard having been heard (relating to approving an amendment to the general redevelopment plan for redevelopment area #1 and approving certain redevelopment projects within redevelopment area #1), the Mayor closed the public hearing. Council Member Dan Drake then introduced Resolution No. 08-09 and moved its passage and approval:
RESOLUTION NO. 08-09
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA APPROVING AN AMENDMENT TO THE GENERAL REDEVELOPMENT PLAN FOR REDEVELOPMENT AREA #1; APPROVING CERTAIN REDEVELOPMENT PROJECTS WITHIN REDEVELOPMENT AREA #1; AND APPROVING RELATED MATTERS
Council Member Harlan Schrock seconded the motion. On roll call vote, the following Council Members voted in favor of the motion: Dan Drake, Dale Lawver, Harlan Schrock, Dan Fricke; the following Council Members voted against the motion: none; the following Council Members were absent or did not vote: none. The passage of Resolution No. 08-09 having been agreed upon by a majority of the Council, the Mayor declared Resolution No. 08-09 passed and, in the presence of the Council, signed and approved Resolution No. 08-09 the Clerk attested to the passage of Resolution No. 08-09 by signing the same and affixing the seal of the City to Resolution No. 08-09. A true and complete copy of Resolution No. 08-09 is attached hereto as Exhibit H.
Councilman Lawver left the meeting at 8:10 p.m.
Correspondence was received from Southeast Nebraska Development District for consideration in renewing Friend’s membership. After review and discussion of information provided, motion was made by Fricke, seconded by Schrock to approve renewal of the City of Friend’s membership to Southeast Nebraska Development District. On roll call voting aye, Drake, Fricke, Schrock. Nays none. Lawver absent. Motion carried.
Discussion was had relating to the City contributing to the Fourth of July fireworks display. Motion was made by Drake, seconded by Fricke, to approve the City of Friend contributing up to $1200 for the Fourth of July fireworks display. On roll call voting aye, Schrock, Fricke, Drake. Nays none. Lawver absent. Motion carried.
Mayor Vossler presented a claim to the Council for attorney fees relating to the formation of the Friend Hospital District. After discussion, motion to approve payment of the claim to BairdHolm Attorney At Law for services rendered relating to the Friend Hospital District in the amount of $1224.78, was made by Drake, seconded by Schrock. On roll call voting aye, Fricke, Drake, Schrock. Nays none. Lawver absent. Motion carried.
The annual budget allocation request for Saline County Area Transit was discussed. Because of new sources of revenue and continuing fundraising projects, the request for fiscal year 2009 is considerably less than previous years. Last year’s request was $3654 and the request for this year is $2605. Motion was made by Fricke, seconded by Drake, to approve the Saline County Area Transit 2009 budget allocation request for $2605. On roll call voting aye, Schrock, Fricke, Drake. Nays none. Lawver absent. Motion carried.
At 8:25 p.m., motion to enter into executive session for the purpose of discussing the job performance of an employee was made by Drake, seconded by Schrock. On roll call voting aye, Fricke, Drake, Schrock. Nays none. Lawver absent. Motion carried.
Motion to return to regular session was made by Drake, seconded by Schrock. On roll call voting aye, Fricke, Schrock, Drake. Nays none. Lawver absent. Motion carried. Regular session resumed at 8:35 p,m.
Motion to extend an offer of full time employment to Billy Baugh was made by Fricke, seconded by Schrock. On roll call voting aye, Drake, Fricke, Schrock. Nays none. Lawver absent. Motion carried. Council discussed and approved a $2.00 per hour increase in Mr. Baugh’s wages and immediate eligibility for one week of vacation pay.
With no further business to come before the Council, motion to adjourn the meeting was made by Drake, seconded by Schrock. On roll call voting aye, Fricke, Schrock, Drake. Nays none. Lawver absent. Meeting adjourned at 8:38 p.m.
