09/02/2008 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
SEPTEMBER 2, 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 the following Councilmembers were present: Dan Drake, Dale Lawver, Dan Fricke, and Harlan Schrock. Attorney Mike Mullally was also in attendance. 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 Schrock, seconded by Lawver, to open the public hearing to receive comments relating to the property tax request for 2008-2009 and to open the public hearing to receive comments relating to the proposed budget document as published for 2008-2009. On roll call voting aye to open the public hearing, Lawver, Fricke, Schrock, Drake. Nays none. Motion carried. Public hearing opened at 7:03 p.m.
Mayor Vossler announced that public comments would be accepted at this time. No comments were presented.
Motion was made by Fricke, seconded by Schrock, to approve a 1% increase in the 2007-2008 funds subject to limitation (as allowable by law) for fiscal year 2008-2009. On roll call voting aye, Fricke, Schrock, Drake, Lawver. Nays none. Motion carried.
Selling City property south of the Cordova pumping station was discussed.
Motioned by Fricke, seconded by Drake, to approve the Minutes of the August 5, 2008 regular meeting, the August 19th special meeting, and the August 2008 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the August 5, 2008 regular meeting, the August 19th special meeting, and the August 2008 Treasurer's Report, Schrock, Drake, Lawver, Fricke. Nays none. Motion carried.
Motion was made by Drake, seconded by Lawver, to approve the Warren Memorial Hospital financial reports for July 2008. On roll call voting aye to approve the Warren Memorial Hospital financial reports for July 2008, Drake, Lawver, Fricke, Schrock. Nays none. Motion carried.
Motion was made by Schrock, 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, Lawver, Fricke, Schrock, Drake. Nays none. Motion carried.
The claims approved were as follows: August Payroll, 25,156.97; Ameritas, 1618.06; EFTPS, 8149.57; Alltel Cellular, se. 506.49; American Red Cross, fe. 90.00; Anderson, Don, re. 237.43; Aquila, se. 331.02; BVH, su. 9.60; Baker & Taylor, su. 113.34; Barco, su. 329.63; Beaver Hardware, su. 11.13; Brothers Equip, su. 137.29; Central States Lab., su. 19,495.86; Keith Clouse, fe. 250.00; Crete Lumber, su. 41.94; Crete True Value, su. 90.43; Culligan, se. 51.00; Drake Collision, se. 102.60; EMC Insurance, fe. 41,328.00; Eakes, su. 9.89; Farmer’s Coop, su. 3207.94; Galaxy Cable, se. 39.95; Gale, su. 47.60; Galls Inc. su. 40.79; Gene’s Electric, se. & su. 3799.95; Jerry Gill, se. 100.00; Great Plains One-Call, fe. 15.62; Hinkeldey Const, se. 144.00; Johnson Pharmacy, su. 96.14; Junior Library Guild, su. 76.32; Konica, fe. 73.05; League of NE Muni, fe. 542.00; MPH Ind. su. 412.50; Menards, su. 119.92; Midwest Labs, se. 169.83; Michael Mullally, fe. 744.00; NE Dept of Rev, SWH, 1191.05 & Sales & Use Tax, 4217.63 & Waste Reduction fe. 25.00; NE Muni Power Pool, fe. 1145.34; NE Public Health Env, se. 680.00; NE Public Power, su. 63,574.81; NMC, su. 366.24; NE Truck & Equip, se. 3752.85; Norris Public Power, se. 3685.60; Pioneer Publishing, fe. 101.79; Platte Valley Comm, su. 47.25; Postmaster, su. 47.88; Principal Mutual, fe. 3035.37; Ray Rohrig, re. 64.20; Ross Repair, su. 22.00; Sargent Drilling, se. 270.00; Susan Schrock, re. 45.27; Shell, 647.87; Marvin Slepicka, fe. 750.00; Trafcon, su. 63.70; The Garbage Co, se. 188.46; Windstream, se. 714.87; Yokel’s, su. 27.13; Young’s, se. 2090.98. Total Claims Approved $.194,445.15.
Motion was made by Lawver, seconded by Schrock, to close the public hearing for receiving comments relating to the property tax request for 2008-2009 and comments relating to the proposed budget document as published for 2008-2009. On roll call voting aye, Lawver, Fricke, Schrock, Drake. Nays none. Motion carried.
Mayor Vossler read the following proposed resolution:
PROJECT RESOLUTION NO. 08-13
1. The City of Friend, Nebraska is applying for federal assistance from the Recreational Trails Program for the purpose of constructing a double loop trail around Friend Lake. The trail will be 8 feet wide with a concrete surface and include a parking area and picnic shelter.
2. The Mayor of Friend, Nebraska is authorized to sign the application for federal assistance, and any other official project documents that are necessary to obtain such assistance, including any agreements, contracts or other documents that are required by the State of Nebraska or the Federal Highway Administration.
3. The City of Friend, Nebraska currently has the written commitment for the 20% local matching share for the project elements that are identified on the Application form and the Supplemental Documents and will, as it becomes necessary, allocate the local funds for this project.
4. The City of Friend, Nebraska will commit the necessary financial resources to operate and maintain the completed project in a safe and attractive manner.
5. The City of Friend, Nebraska will not discriminate against any person on the basis of race, color, age, religion, disability, sex or nation origin in the use of any property or facility that is acquired or developed pursuant to the project proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, and any of the regulations promulgated pursuant to such Act.
6. The City of Friend, Nebraska will comply with all rules and regulations of the Recreational Trails Program, applicable Executive Orders and all state laws that govern the grant applicant during the performance of the project.
7. The City of Friend, Nebraska will comply with the Federal disability access and use standards where they can be reasonably applied, in accord with the American with Disability Act of 1991.
8. All paperwork may be signed by the project sponsor, but the Mayor MUST sign the Resolution.
After reading the above proposed resolution, motion was made by Fricke, seconded by Drake, to adopt Resolution No. 08-13 relating to the recreational trails program. On roll call voting aye, Fricke, Schrock, Drake, Lawver. Nays none. Motion carried. Resolution No. 08-13 was passed and approved this 2nd day of September 2008.
Mayor Vossler read the following proposed resolution:
RESOLUTION NO. 08-14
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 2008-2009 property tax request be set at $260,730.64.
2. A copy of this resolution be certified and forwarded to the County Clerk on or before October 13, 2008.
After reading the above proposed resolution, motion was made by Drake, seconded by Lawver, to adopt Resolution No. 08-14 approving the 2008-2009 property tax request. On roll call voting aye, Schrock, Drake, Lawver, Fricke. Nays none. Motion carried. Resolution No. 08-14 was passed and approved this 2nd day of September, 2008.
Mayor Vossler introduced and read proposed Ordinance No. 08-705 to approve the budget statement for 2008-2009. Councilman Schrock 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, Drake, Lawver, Fricke, Schrock. Members voting nay, none. The motion to suspend the rules was adopted by three fourths of the Council and the statutory rule was declared suspended for consideration of the ordinance.
ORDINANCE NO. 08-705
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, 2008 through September 30, 2009. 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.
After Mayor Vossler read proposed Ordinance No. 08-705, Councilman Lawver moved for final passage, which motion was seconded by Councilman Fricke. The Mayor then stated the question “Shall Ordinance No. 08-705 be passed and adopted?” On roll call, the following Council members voted aye, Lawver, Fricke, Schrock, Drake. The following voted nay, none. The passage and adoption of said ordinance having been concurred and by a majority of all Members of the City Council, the Mayor declared Ordinance No. 08-705 adopted this 2nd day of September 2008.
Discussion was had regarding the proposed agreement prepared by Attorney Mullally to be entered into between the City of Friend and Paul and Gail Gropp relating to the repair of the north wall located at 124 Maple Street. (Copy of this proposed agreement is attached.) Councilman Drake suggested a change be made to Section 2 of this agreement to state that the City agrees to “pay to jointly to Gropp and Jeff Hinkeldey”, as opposed to “pay to Gropp”. Councilman Schrock made a motion to accept the proposed agreement providing, Attorney Mullally make this suggested change offered by Councilman Drake and to authorize Mayor Vossler to sign the revised agreement and forward to the Gropps for their approval. This motion was seconded by Councilman Lawver. On roll call voting aye, Schrock, Drake, Lawver. Nays, Fricke. Motion carried.
Patrick Gates, Utilities Superintendent, gave his report. Gates’ report included discussion relating to the recent nitrate issue, status of the Cordova water project, and the status of the swimming pool slide. Gates said he will be contacting the State to find out what is required and/or what needs to be addressed in order for the slide to be in compliance with State regulations and to be approved for use for our next swimming pool season.
Police Chief, Mark McFarland gave his Police Report for August 2008. (Copy of this report is attached.) Mayor Vossler informed McFarland he has received many complaints about three- and four-wheelers and motorcycles being ridden on the streets after school. Councilman Lawver added that he has seen numerous adolescents walking the streets after midnight.
Stanley Krause, 2nd Assistant Fire Chief, said another NIMS (National Incident Management System) class is being coordinated for October 20th. He said there are some EMTs and firemen that have not yet participated in this training that will need to attend. Krause said he has been in contact with the Warren Memorial Hospital Administrator and has recommended to him that members of the current hospital board, as well as members of the district board, that have not taken this training also plan to attend this NIMS session.
Discussion was had regarding employee salary increases. It was decided to table this agenda item until the October 7, 2008 meeting.
With no further business to come before the Council, motion to adjourn the meeting was made by Fricke, seconded by Schrock. On roll call voting aye, Drake, Lawver, Fricke, Schrock. Nays none. Meeting adjourned at 7:57 p.m.
