12/02/2008 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
DECEMBER 2, 2008
Mayor Vossler called the regular meeting of the City Council to order at 8:00 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: Dan Fricke, Harlan Schrock, Dale Lawver, and Dan Drake. City Attorney, Mike Mullally, was also present. 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 stated that at this time public comments would be accepted. Ray Rohrig stated that on December 13, there will be an adult Basic CPR course offered here at City Hall, from 9:00 to approximately 12:00 noon.
Motioned by Schrock, seconded by Drake, to approve the Minutes of the November 4, 2008 regular meeting, and the November 2008 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the November 4, 2008 regular meeting, and the November 2008 Treasurer's Report, Lawver, Drake, Fricke, Schrock. Nays none. Motion carried.
Motion was made by Fricke, seconded by Schrock, to approve the Warren Memorial Hospital financial reports for October 2008. On roll call voting aye to approve the Warren Memorial Hospital financial reports for October 2008, Lawver, Drake, Schrock, Fricke. Nays none. Motion carried.
A motion was made by Drake, 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, Schrock, Fricke, Drake, Lawver. Nays none. Motion carried.
The claims approved were as follows: November Payroll, 17,141.61; Ameritas, 1535.21; EFTPS, 5590.15; Alltel Cellular, 433.04; Don Anderson, re 237.43; Black Hills Energy, se 243.31; BVH, su 1.09; Baker & Taylor, su 170.34; Kevin Barnard, se 400.00; Brothers, su 29.40; CLIA Lab, fe 150.00; Central NE Bobcat, 947.00; Central States Lab., su 20,193.07; City of Friend CDBG Acct, 16,000.00; Keith Clouse, fe 250.00; Country, su 18.00; Crete Lumber, su 320.98; Crete True Value, su 537.26; Culligan, su 63.50; D&D Comm, su 258.00; Lee DeBevoise, se 346.13; Eakes, su 98.98; EMS Billing, se 7.50; Farmer’s Coop, su 985.57; Fireguard, su 2036.30; First Natl, int pmt (WMH), 14,169.21; Michael Frederick, su 32.00; Friend Insurance, fe 100.00; Galaxy Cable, se 39.95; Gale, su 47.18; Gene’s Electric, se & su 1117.40; Gerhold, 493.50; Gail & Paul Gropp/Hinkeldey Const, fe 6504.00; Hornady, su 91.77; Deion Hulse, se 390.00; JP Cooke, su 46.86; Jr Library Guild, su 38.16; Konica, fe 73.05; Jackie Larsen, re 42.42; Law Enforcement Svcs, su 48.50; Lincoln Winnelson, su 204.86; Load Mgmt Rebates, 7092.95; Menards, su 38.46; Kim & Tom Moore, CDBG, 17,500.00; Michael Mullally, fe 516.00; Muni Su, su 1207.68; NMPP, se 5140.00; NE Public Health Lab, se 30.00; NE Public Power, su 39,061.91; NE Dept of Rev, SWH, 867.94, Sales & Use Tax, 4312.25; NEMSA, fe 390.00; NMC, su 62.91; Norris Public Power, se. 3635.28; Pioneer Publishing, fe 103.64; Postmaster, fe 183.50; Principal Mutual, fe 3035.37; RR Mgmt, fe 90.75; Shell, su 178.93; Sioux Sales, su 117.90; Marvin Slepicka, fe 750.00; TV Svc, se 42.88; The Garbage Co., se 189.81; WMH, se 52.50; Windstream, se 719.40. Total Claims Approved $176,752.79.
Stanley Krause reported on correspondence he received from BJ Fictum, relating to possible funding for outdoor early warning sirens. There is a potential funding project through SENND, the Southeast Nebraska Development District, to possibly pay for 51% of a new siren. The deadline to indicate a community’s interest in participating in this funding project is December 15th. Krause assured the Council that submitting a letter of interest is not a commitment to participate at this time. After discussion, Council recommended that Krause contact SENND to let them know Friend would like to be considered for this potential funding project for an outdoor early warning siren.
City Attorney, Mike Mullally, introduced proposed resolution #08-24, relating to authorized signatures for banking transactions at First National Bank in Friend. Proposed resolution was read by Mayor Vossler.
RESOLUTION NO. 08-24
Be it resolved by the Mayor and City Council of the City of Friend as follows:
WHEREAS, the First National Bank of Friend, Nebraska has requested that the City of Friend annually provide a Resolution naming those individuals who are authorized by the City of Friend to conduct banking business with First National Bank and,
WHEREAS, no such previous Resolution has existed, and
WHEREAS, it is necessary and desirable to indicate, in the form of this Resolution, those individuals who are so authorized to conduct banking business,
NOW, THEREFORE IT IS RESOLVED as follows:
1. That the City Clerk/Treasurer, Debbie Gilmer, her assistant, Don Anderson, and the Mayor, Jim Vossler, are hereby authorize to make deposits of all funds of the City into bank accounts existing for the City at the First National Bank of Friend.
2. That the Mayor, Jim Vossler, or the President of the City Council, Dale Lawver, in the Mayor’s absence, together with one of the following individuals, either Debbie Gilmer, or Don Anderson, shall sign all checks and bank drafts for the purpose of withdrawing funds of the City of Friend for the purpose of paying claims, other than from the customer deposit account maintained by the City of Friend, in which case either Debbie Gilmer or Don Anderson, may sign such checks individually and without dual signatures.
3. For the purpose of accessing the accounts of the City of Friend via the internet banking system maintained by First National Bank of Friend, the Mayor, Jim Vossler, Debbie Gilmer or Don Anderson shall have access to this system for the sole and limited purpose of accessing account information and transferring funds between accounts of the City of Friend.
Motion to adopt proposed Resolution Number 08-24 was made by Drake, seconded by Fricke. On roll call voting aye, Lawver, Schrock, Fricke, Drake. Nays none. Resolution Number 08-24 was passed and approved this 2nd day of December, 2008.
City Engineer, Rich Robinson, from Kirkham Michael Consulting Engineers attended the meeting. Mr. Robinson addressed concerns the Council had expressed relating to the proposed engineering agreement and fee for design services for the new well. The proposal for design services is $22,900, which is approximately 10% of the construction cost. Mr. Robinson explained that 10% of the construction cost is typical in the civil engineering industry for determining fees for design services. Mr. Robinson said this proposed fee is only slightly elevated above the well Kirkham Michael designed for the City 5 years ago, which was approximately $20,000.
Rich Robinson also talked to the Council about a discussion the Council had at a previous meeting relating to Kirkham Michael offering the City a discount on fees, since the City has utilized their engineering services for many projects. Mr. Robinson began by stating that he appreciates the business that Friend has provided Kirkham Michael and that he has thoroughly enjoyed working with the City and the City staff members. Mr. Robinson said Kirkham Michael has been involved in a variety of projects, the experience has been good, and he hopes the good working relationship between the City and Kikham Michael continues. As far as the discounted fees, Mr. Robinson brought to the Council’s attention several projects that Kirkham Michael has provided to the City at little, or in many cases, no cost. Some of these projects include services for the Safe Routes to School program, the Friend Lake Restoration project, and the Friend Lake Trail project. Rick Zubrod from Kirkham did a great deal of work on these projects, including gathering background information, preparing grant applications, and providing general administration services, which resulted in total grants acquired of $263,673 with an additional $139,345 pending.
Utilities Superintendent, Patrick Gates, gave his report. Discussion was had relating to the new well. Dan Drake asked Mr. Gates how this new well was going to be funded. Gates said money in the water fund and money collected for water sales between now and the time the funds will be needed for this project should be sufficient to cover the costs. After discussion, motion was made by Schrock, seconded by Lawver, to enter into an agreement for design engineering services for the new well with Kirkham Michael Consulting Engineers. On roll call voting aye, Drake, Fricke, Lawver, Schrock. Nays none. Motion carried.
Mr. Gates discussed with the Council the possibility of replacing the grader. After discussing, Council suggested Gates research this further and see if he can locate a used grader for their consideration in the $40,000 range.
Mr. Gates requested Council’s authorization to submit to the Nebraska Department of Environmental Quality, Kirkham Michael’s ultraviolet disinfectant design plan for the wastewater treatment facility. Motion was made by Drake, seconded by Lawver, to authorize Patrick Gates to submit to the Nebraska Department of Environmental Quality for their review and/or revisions, the wastewater treatment facility ultraviolet disinfection design plan prepared by Kirkham Michael. On roll call voting aye, Schrock, Lawver, Drake. Nays none. Fricke abstained. Motion carried.
Mr. Gates informed the Council that NPPD will be imposing a 9% rate increase to be in effect January 1, 2009. Over the last two year’s, this 9% increase brings NPPD’s total rate increase to 21%. In an effort to compensate for this increase, Mr. Gates recommended to the Council that they consider increasing Friend’s electrical rates. Council discussed and agreed. Council directed Gates to prepare an ordinance to increase electrical rates and to have the proposed ordinance available for their consideration at the January 2009 meeting.
Mr. Gates told the Council that, as in past years, load management rebate checks will be processed and distributed for 2008.
Police Chief, Mark McFarland, gave his report for November 2008. McFarland reported 28 total calls for service during the month. (Copy of this report is attached.)
Building Inspector, Mark Stutzman, reported to the Council on a proposed subdivision submitted by Robert D. Milton. Mr. Stutzman said that approximately 20 feet included in this proposed subdivision is not in the City limits. Council had no objections to the proposed subdivision, but requested that clarification be made as to what is and is not within the City limits, as this was not clear on the survey included with the subdivision application. Attorney Mullally will check on this, get appropriate legal description(s) of property to be annexed into the City and bring a proposal for annexation to the next meeting for Council’s consideration.
On behalf of the Friend Historical Society, Mark Stutzman informed the Council that the Society has considered approaching the Council to discuss developing a downtown historical district in an effort to preserve the town’s downtown commercial district. One potential benefit in doing this would be that the Historical Society would have a better opportunity of qualifying for, or meeting certain requirements for, grants that may be available for projects in the district area. Mr. Stutzman said he will get copies of information relating to this to the Council and will bring it up for discussion and consideration at a later date.
Mark Stutzman discussed issues regarding two different garages in Friend. One garage was recently brought into Friend without a permit. The other garage was brought to town years ago, also without a permit. A permit was applied for and granted after it was brought to town, however nothing has ever been done to this garage and the building permit has since expired. After discussion was had on these issues, as well as other violations of City building codes, it was decided that it would be appropriate for citations to be issued. Mark Stutzman was directed to contact Mark McFarland to discuss this further.
Fire Chief, Brent Milton, had nothing to report.
Continued discussion was had relating to the recycling trailer and the possibility of having an individual haul the trailer to the recycling center on a regular basis. Inspro Insurance (the City’s insurance carrier) estimated an additional $163 premium annually to provide appropriate coverage for this individual (based on $1200 annual earnings.) After consideration, Council directed Patrick Gates to contact the individual inquiring about this and find out if he would consider accepting $25 per trip.
Harlan Schrock informed the Council and Mayor that he spoke with Paul Gropp and that Mr. Gropp is pleased with the results of the repair work Hinkeldey Construction has done to the north wall and cap of his building on Maple Street that was exposed as a result of the fire that destroyed and/or severely damaged a portion of the block on Maple Street, between 1st and 2nd Streets in June 2005.
No further business to come before the current City Council, motion was made by Drake, seconded by Schrock to adjourn the meeting. On roll call voting aye, Fricke, Lawver, Schrock, Drake. Meeting adjourned sine die at 7:35 p.m.