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01/02/2007 Regular Meeting

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

JANUARY 2, 2007

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 Fricke, Dan Drake and Dale Lawver.  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 comments would be accepted from audience members.  No comments were made at this time.

Motioned by Schrock, seconded by Fricke to approve the Minutes of the December 5, 2006 regular meeting, and the December 2006 Treasurer's Report as presented and file same.  On roll call voting aye to approve the Minutes of the December 5, 2006 regular meeting, and the December 2006 Treasurer's Report, Drake, Fricke, Lawver, Schrock  Nays none.  Motion carried.

Mayor Vossler informed the Council that no hospital financial reports were submitted for approval, as the regular scheduled meeting of the Hospital Board for December was cancelled.

A motion was made by Drake, seconded by Schrock, 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, Schrock, Fricke, Drake.  Nays none.  Motion carried.

The claims approved were as follows:  December Payroll, 15,878.32; Ameritas, 1744.03; 1^st Natl, 5262.56; IRS, fe. 252.99; Alltel Cellular, 433.69; Aquila, se. 855.67; Apple Books, su. 123.30; BVH, su. 275.00; Baker & Taylor, su. 74.14; Central States Lab., su. 8282.00; LaRaine Cihak, re. 143.84; Culligan, se. 43.00; Discover, su. 93.59; Eakes, su. 51.98; Farmer’s Coop, su. 530.79; Ed M. Feld Equip, su. 350.00; Ferguson Awards, se. 152.10; Friend Public Schools, re. 1145.00; Friend Sentinel, se. 17.99; Friend Volunteer Fire Dept, re. 10.00; Galaxy Cable, se. 39.95; Gene’s Electric, se. 6278.25; Good Housekeeping, su. 15.00; Great Plains One-Call, se. 3.03; Hach Co, su. 303.05; Hometown Leasing, se. 50.83; Jack Keef Motors, se. 28.52; Johnson Pharmacy, su. 59.19; Konica, fe. 73.05; Koreworks, se. 56.16; Lawnpride, se. 1700.00; Load Management Rebates, 4832.26; Lynn Peavey Co, su. 15.96; Matt Parrott & Sons, su. 87.92; Matthew Bender & Co, su. 45.90; Menards, su. 556.41; Chris Michl, se. 328.00; Midwest Labs, sw. 63.45; Morgans Books, su. 55.00; Michael Mullally, fe. 747.00; NE Dept of Rev, SWH, 853.52 & Sales & Use Tax, 4113.92; NE Muni Power Pool, fe. 2280.00; NE Public Power, 35,439.03; NE Rural Water Assoc, se. 150.00; Norris Public Power, se. 4419.35; Office Cash, su. 48.29; Pioneer Publishing, fe. 90.09; Postmaster, su. 171.00; Principal Mutual, fe. 3742.85; Quartermaster, su. 79.97; Ross Repair, se. 12.00; Saline County Treas, fe. 2348.00; Seventeen, su. 20.00; Marvin Slepicka, fe. 750.00; Texaco, su. 232.55; The Garbage Co., se. 155.79; Trafcon, su. 26.50; Wells Fargo, fe. 9778.75; Windstream, se. 619.12; Yokels, su. 80.40. Total Claims Approved $116,511.81

Mayor Vossler announced that correspondence to the Mayor and City Council was received from Darlene and Bob Samuelson expressing their thanks for the appreciation dinner and evening at the Friend Country Club.

The following resolution was introduced by Mayor Vossler and read in it’s entirety by Debbie Gilmer.

RESOLUTION #06-15

A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA, APPROVING THE APPLICATION OF THE FRIEND LEGION POST #183, FOR A SPECIAL DESIGNATED PERMIT UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL LIQUOR, BEER AND WINE AT THE LEGION’S PORK FEED TO BE HELD ON JANUARY 31, 2007 TO FEBRUARY 1, 2007 IN THE CITY OF FRIEND.  THE SAID SPECIAL DESIGNATED PERMIT TO BE LIMITED TO THE INSIDE AREA OF THE LEGION HALL LOCATED AT 136 MAPLE STREET FOR THE LEGION’S PORK FEED TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. ON WEDNESDAY, JANUARY 31, 2007 AND 1:00 A.M. ON THURSDAY, FEBRUARY 1, 2007, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.

            DATED JANUARY 2, 2007

Motion to approve Resolution #06-15 relating to the application of the Friend Legion Post #183 for a Special Designated Permit for their pork feed to be held between the hours of 4:00 p.m. on January 31, 2007 and 1:00 a.m. on February 1, 2007 was made by Fricke, seconded by Lawver.  On roll call voting aye, Schrock, Drake, Lawver, Fricke.  Nays none.  Motion carried.  Resolution #06-15 was passed and approved January 2, 2007.

Discussion was had regarding the blight/substandard determination study and general redevelopment plan recently conducted and prepared by Hanna:Keelan Associates, P.C. of Lincoln for an area in Friend consisting primarily of the community’s central business district and the adjacent commercial/industrial area along Highway 6.  Councilman Lawver made a motion to forward the prepared Blight/Substandard Determination Study and General Redevelopment Plan to the Planning Commission, as well as to Patrick Gates, Utilities Superintendent, for their review and recommendation(s) to the City Council.  This motion was seconded by Councilman Drake.  On roll call voting aye, Fricke, Schrock, Drake, Lawver.  Nays none.  Motion carried.

Dr. Dailey attended the meeting to comment on appointments made to the Hospital Board.  Dr. Dailey addressed the Mayor, Council and the meeting audience, by stating he wanted to reiterate that he continues to support and stand behind his thoughts regarding the Hospital Board appointments that he expressed at the December 5, 2006 Friend City Council meeting.

Mayor Vossler asked Attorney Mullally to provide an opinion on the remaining length of Mr. Gary Tuttle’s term, if any, on the Hospital Board.  Upon review of history of prior appointments to the Hospital Board, present and prior ordinances which may have an effect on this issue, and other requested information, it is Attorney Mullally’s opinion that the current Warren Memorial Hospital Board term of Mr. Tuttle’s expires in December 2007.  (Copy of correspondence that outlines the chronology of events which led Attorney Mullally to this conclusion is attached.)

As a result of the confusion regarding the Hospital Board term of Gary Tuttle, Mayor Vossler’s recommended appointments to the Hospital Board were tabled at the December 5, 2006 Council Meeting.  Mayor Vossler said that as Attorney Mullally’s opinion is that Mr. Tuttle has one year remaining of his term on the Hospital Board, this leaves a vacancy for one appointment.  Mayor Vossler announced his recommended appointment for the Warren Memorial Hospital Board for a three-year term (2007, 2008 and 2009), is Councilman Dan Drake.  Motion to accept Mayor Vossler’s recommended appointment of Dan Drake to the Warren Memorial Hospital Board was made by Fricke, seconded by Schrock.  On roll call voting aye, Lawver, Schrock, Fricke.  Drake abstained.  Nays none.  Motion carried.

Patrick Gates, Utilities Superintendent, gave his report.  Mr. Gates reported on the status of the pond project.  Gates said LeRoy Spreeman has proposed intent to donate or gift land at the pond site to the City.  Gates said Mr. Spreeman asks that the City pay for any surveying or legal fees that may be incurred as a result of getting the appropriate paperwork together for this.  Gates asked for a motion from the Council to accept this proposed gift from LeRoy Spreeman when it is offered.  Gates said this gift and the City’s acceptance of this gift, will satisfy some of the requirements that are necessary to obtain the grant that has been applied for to renovate the pond and its’ surrounding area.  Motion to accept LeRoy Spreeman’s proposed letter of intent to gift land at the pond site to the City upon receiving Mr. Spreeman’s offer was made by Schrock, seconded by Lawver.  On roll call voting aye, Drake, Fricke, Schrock, Lawver.  Nays none.  Motion carried.

Patrick Gates reported that the initial application process for the safe-walk to school program is nearing completion.  Gates also reported that the Ford truck used for the Sewer Department is in need of repair work on the brakes. 

Councilman Drake brought to Patrick Gates attention that the street signs along Highway 6 are difficult to read.  Gates said he would take care of this.

Patrick Gates said he had been in contact with John Palky regarding the damaged concrete panels at the Palky Addition.  According to Mr. Palky, Mr. Ebert from the company that did the concrete work was not agreeable to paying for a third of the repair/replacement of the damaged panels.  Mr. Ebert feels that the City Engineers were somewhat responsible for this and that they should be responsible for paying a fourth of the cost.  Mr. Gates recommended to the Council that this issue be discussed with the City Attorney and that it be determined whether or not all of the proper steps were taken before the concrete was poured.  If all specifications were met and all necessary testing was done, for example on the soil and compaction, the concrete company should be able to provide proof of this.  Councilman Schrock agreed and recommended that Mr. Gates talk to Attorney Mullally regarding this.

Police Chief, Mark McFarland gave the Police Report for the month of December 2006.   (Copy of this report is attached.)

Brent Milton, Fire Chief, had nothing to report.

Bob and Shirley Milton attended the meeting to discuss with the Council the possibility of opening/paving a portion of 6^th Street.  Mayor Vossler said he has discussed this with Attorney Mullally and Mullally asked that the Miltons submit a plan to the City Council for their review and consideration.

Discussion was had regarding the annual time and dates of the Friend City Council Meetings.  Motion for the Friend City Council Meetings to continue to be on the first Tuesday of each month at 7:00 p.m. was made by Fricke, seconded by Schrock.  On roll call voting aye, Drake, Lawver, Fricke, Schrock.  Nays none.  Motion carried.

Councilman Drake informed the Mayor that he will be unable to attend the February 6, 2007 Council Meeting.

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, Schrock, Drake, Lawver, Fricke.  Nays none.  Meeting adjourned at 7:30 p.m.