City of Friend Logo

03/06/2007 Regular Meeting

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

MARCH 6, 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:  Dan Fricke, Dale Lawver, Dan Drake and Harlan Schrock.  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 and/or questions would be accepted from audience members.  At this time, Mayor Vossler thanked the Boy Scouts for attending this evening’s meeting.

Richard Ziegler was in attendance at the meeting and expressed thanks and appreciation to Patrick Gates and the City employees responsible for snow removal from the City streets.  Mr. Ziegler said they have done an outstanding job.  He also commented on the great job the Friend Fire Department and the ambulance squad did responding to recent emergency calls.  One accident involved a motorcycle, which resulted in an individual needing to be taken to our hospital and life-flighted to Lincoln.  Another accident on Saturday resulted in two individuals requiring life-flights to Lincoln.  Mr. Ziegler said he wanted to publicly say that the hospital really serves a good purpose in our community, and that we do need the hospital, contrary to opinions of certain individuals. 

Jim Ryan attended the meeting.  Mr. Ryan told the Mayor and Council that he has been in contact with Terry Meier of SENDD, Southeast Nebraska Development District, regarding an overall community evaluation.  Mr. Ryan explained that one of the purposes or benefits the City of Friend has as a member of SENDD is that, with the direction of the Mayor and Council, SENDD will use a series of planning techniques to identify community needs, prioritize those needs, and then prepare a Community Action Plan which identifies goals and objectives.  Mr. Ryan provided the Mayor and Council with information regarding this and asked that they consider utilizing SENDD for this purpose and, if interested, have this issue included on the April 3^rd meeting agenda for discussion and Council’s consideration.

Motioned by Fricke, seconded by Schrock to approve the Minutes of the February 6, 2007 regular meeting, the February 15, 2007 special meeting, and the February 2007 Treasurer's Report as presented and file same.  On roll call voting aye to approve the Minutes of the February 6, 2007 regular meeting, the February 15, 2007 special meeting, and the February 2007 Treasurer's Report, Lawver, Fricke, Schrock, Drake.  Nays none.  Motion carried.

Motion was made by Schrock, seconded by Drake, to approve the Warren Memorial Hospital financial reports for January 2007 and the Friend Ambulance financial reports for November 2006, December 2006, and January 2007.  On roll call voting aye to approve the Warren Memorial Hospital financial reports for January 2007 and the Friend Ambulance financial reports for November 2006, December 2006, and January 2007, Fricke, Drake, Schrock, Lawver.  Nays none.  Motion carried.

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, Schrock, Drake, Lawver, Fricke.  Nays none.  Motion carried.

The claims approved were as follows:  February Payroll, 14,409.97; Ameritas, 1738.13; 1^st Natl, 5023.18; IRS, fe. 403.66; Alltel Cellular, 476.46; Aquila, se. 863.13; BVH, su. 7.34; Baker & Taylor, su. 272.01; Beaver Hardware, su. 5.50; Central States Lab., su. 18,094.15; LaRaine Cihak, re. 199.81; D&D Comm, se. 6.00; Discover, su. 102.21; Eakes, su. 123.22; Farmer’s Coop, su. 848.32; Galaxy Cable, se. 39.95; Gene’s Electric, se. 695.00; General Reporting Svc, se. 56.60; HD Supply, su. 1522.95; Highsmith Inc. su. 142.87; Hometown Leasing, se. 50.83; Jack Keef Motors, se. 28.52; Jensen Lumber, su. 9125.88; Johnson Pharmacy, su. 23.73; Kids Reference, su. 116.32; Kirkham Michael, se. 3666.00; Konica, fe. 73.05; League of NE Muni. fe. 100.00; Menards, su. 1358.66; Midwest Labs, sw. 49.70; Michael Mullally, fe. 441.00; Municipal Supply, su. 581.52; NE Dept of Rev, SWH, 842.66 & Sales & Use Tax, 4229.68; NE Public Power, 38,237.23; NE HHS, fe. 40.00; Norris Public Power, se. 4013.36; Office Cash, su. & re. 210.15; Pioneer Publishing, fe. 170.45; Platte Valley Comm, su. 66.00; Postmaster, su. 171.00; Principal Mutual, fe. 4104.60; Rembolt/Ludtke, fe. 104.00; Saline County Clerk, fe. 10.00; Saline County Treas, fe. 8.25; Sioux Sales, 180.00; Marvin Slepicka, fe. 750.00; State of NE HHS, se. 16.00; Steve’s Repair, se. 170.72; Texaco, su. 275.94; The Garbage Co., se. 155.79; Windstream, se. 571.40; Yokels, su. 138.69. Total Claims Approved $115,111.59.

Discussion was had regarding correspondence from Attorney Schellpeper notifying the Mayor and Council that he is leaving the law firm of Rembolt Ludtke and joining the Lincoln office of Gilmore & Bell, P.C.  Enclosed with this correspondence was a proposed engagement letter with respect to legal services for community development activities with Gilmore & Bell.  After discussion, motion was made to accept the proposed engagement letter to enter into an agreement with Gilmore & Bell and to approve that Mayor Vossler sign a letter requesting that all of the City of Friend’s municipal and public finance files and closing transcripts at Rembolt Ludtke relating to tax increment financing matters, and related matters handled by Rembolt Ludtke on the City’s behalf, be transferred to Bill Schellpeper at Gilmore & Bell, P.C.  This motion was made by Drake, seconded by Schrock.  On roll call voting aye, Lawver, Drake, Schrock, Fricke.  Nays none.  Motion carried.

Mayor Vossler informed the Council that he had received correspondence from the Friend Chamber of Commerce requesting permission to have Lee DeBevoise update the City of Friend website and add additional pages for the Friend Chamber.  Council discussed, had no objections, and approved this request.

Mayor Vossler introduced and read by title proposed Ordinance No. 06-695.

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, Fricke, Schrock, Lawver, Drake.  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. 06-695

AN ORDINANCE OF THE CITY OF FRIEND, NEBRASKA, CREATING THE COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF FRIEND, PROVIDING THAT THE MAYOR OF THE CITY OF FRIEND, NEBRASKA IS

AUTHORIZED AND DIRECTED TO IMPLEMENT THE ORDINANCE, AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM.

BE IT ORDAINED by the City Council of the City of Friend, Nebraska.

1.         The City hereby creates the “Community Redevelopment Authority of the City of Friend, Nebraska,” with all rights and obligations provided for Community Redevelopment Authorities in the Nebraska Community Redevelopment Law, Neb. Rev. Stat. §18-2101 et. seq. (the “Act”).  The Authority shall consist of five persons, all residents of Friend, Nebraska who shall be appointed by the Mayor with the approval of the governing body of the City.

2.         The Authority hereby created shall function under the direction of its chair and its authorized members and shall exercise the powers herein described or referred to and as determined by resolution or ordinance duly adopted from time to time by the Authority.

3.         The Mayor of the City of Friend, Nebraska, is hereby authorized and directed to implement this Ordinance.

4.         The Authority shall exercise all rights and powers granted to Community Development Agencies pursuant to the Act.

5.         This Ordinance shall be published in pamphlet form and shall take effect and be in full force and effect from and after its passage, approval and publication as provided by law.

6.         All provisions of any prior ordinance of the City of Friend in conflict herewith are hereby repealed.

After Mayor Vossler read proposed Ordinance No. 06-695 by title, Councilman Lawver moved for final passage, which motion was seconded by Councilman Schrock.  The Mayor then stated the question “Shall Ordinance No. 06-695 be passed and adopted?” Upon roll call, the following Councilmembers voted aye, Drake, Fricke, Lawver, Schrock.  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 the Ordinance adopted.

At this time, Mayor Vossler presented to the Council his proposed appointments for the Community Redevelopment Authority.  Mayor Vossler’s proposed appointments are Brian Himmelberg for a one-year term, Stan Houlden for a two-year term, Jim Moore for a three-year term, Dave Clouse for a four-year term, and Jim Ryan for a five-year term.  Council discussed and had no objections.  Motion was made by Fricke, seconded by Schrock to accept Mayor Vossler’s proposed appointments to the Community Redevelopment Authority for the City of Friend.  On roll call voting aye, Lawver, Schrock, Fricke, Drake.  Nays, none.  Motion carried.

The following resolution was introduced and read in its’ entirety by Mayor Vossler.

RESOLUTION NO. 07-20

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF

FRIEND:

WHEREAS, the City of Friend, proposed to apply for assistance from the SAFE ROUTES TO SCHOOL PROGRAM for the purpose of installing new sidewalks and making sidewalk repairs; and

WHEREAS, the City of Friend has available the funds to finance the activity until reimbursed by the Safe Routes to School Program, and the financial capability to operate, maintain, and manage the completed project in a safe and attractive manner for public use; and

WHEREAS, the proposed application and supporting documents were made available for public review at a properly announced meeting of the City of Friend;

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL

OF THE CITY OF FRIEND that the City of Friend applies for assistance from the Safe

Routes to School Program for the purpose of installing new sidewalks and curb ramps

and making sidewalk repairs.

Motion was made by Drake, seconded by Lawver to adopt Resolution No. 07-20 relating to the Safe Routes to School Program.  On roll call voting aye, Schrock, Drake, Lawver, Fricke.  Nays, none.  Motion carried.

Utilities Superintendent, Patrick Gates, gave his utility report. 

Mr. Gates reported that utility bills for the month reflected considerable increases in customer usage.  Events that contributed to the increases may include the following: 1) Due to a storm during the meter-reading period in January the utility billing program was utilized to estimate the bills.  The parameters used to estimate were conservative, therefore part of the usage reflected on this bill could be usage from the previous month; 2)During this billing cycle, temperatures were extremely cold, with highs being in the 20s; and 3)17% more time was covered on this bill as meters were read a week later than usual.  Mr. Gates said these bills are the highest he has seen in many years and that most customer bills were nearly doubled.

Mr. Gates said there are a few remaining details necessary to complete the grant application for the City pond project.

Mr. Gates said he has received a set of drawings of the City’s portion of the Cordova water project and that he will be meeting with Cordova’s engineers regarding this project later in the week. 

Mr. Gates also reported that the Safe Routes to School project is progressing well and that he is working on the second phase of the application process.  Adopting the above resolution was one of the requirements for this process.  Mr. Gates distributed maps of the proposed route that he received from the City engineers to the Mayor and Council.  These routes were determined by using input received from the Police Chief, a group of parents, the school, and the City engineers.  The application is for five feet wide sidewalks.  There are some existing sidewalks on this route, however, because of the five feet wide requirement any existing sidewalks will be removed and replaced.  Mr. Gates said this grant is for 100% and feels the City has an excellent chance of being selected.  Gates said he commends the engineer that is working on this for all the time and effort he has contributed.  Gates said he would like approval from the Council to include on the application that the City plans to contract labor to ensure snow is removed from the sidewalks on the Safe Route during the winter months.  He suggested this would be one effective way to encourage the public to use the sidewalks rather than walking on the streets.  Council discussed and gave Mr. Gates approval to include on the application that the City would be responsible for making sure these sidewalks on the Safe Route are cleared.

Mr. Gates discussed recommendations received from a Loss Control Representative from The Homestate Companies.  Recommendations from the representative were made as a result of a premises survey and have been offered for consideration in the interests of loss prevention.  After discussing, Council requested that Mr. Gates provide a list of these recommendations to them for their review and consideration at the April 2007 regular meeting.

Police Chief, Mark McFarland gave the Police Report for the month of February 2007.   (Copy of this report is attached.) 

Discussion was had regarding recommendation from the Planning Commission supporting subdividing property owned by Stan Houlden on Spring Street, lots 301 and 303.  Mr. Houlden will be providing the Building Inspector with survey information upon receipt.  No action was taken at this time.

Fire Chief, Brent Milton, reported that the new fire truck will be picked up on Friday. 

Chief Milton said the Friend Fire Department has not been declined on a grant for another new tanker truck.  The last letting of bids for this grant will be toward the end of this month. 

Should hear more regarding the status of this next week.

Chief Milton informed the Mayor and Council that over the weekend the Dorchester Fire Department wrecked one of their trucks.  Milton asked for Council’s approval to allow the Dorchester Fire Department to use our old truck until they are able to replace their truck.  Council had no objections, providing an agreement is in place ensuring that the Dorchester Fire Department carry appropriate insurance on the truck during this time.

Chief Milton said there is no longer enough interest on the Fire Department to maintain the Community Building and to check it after each use.  Milton said the Fire Department wishes to turn this responsibility back over to the City.  Many of the tables and chairs belong to the Fire Department.  Chief Milton said the Department will leave all of the tables, and will be taking only a few of the chairs.  Plans are to purchase new tables for the Fire Department’s use. 

Gary Tuttle, President of the Warren Memorial Hospital Board, attended the meeting to report on the Hospital.  Mr. Tuttle provided the Mayor and Council with a copy of the “Warren Memorial Hospital Strategic Plan”.  Mr. .Tuttle reviewed this plan and explained that it has been established by their Board and Management for the purpose of outlining and illustrating the Hospital’s strategy for meeting their commitments and goals.

Jeff Soukup attended the meeting on behalf of the Lion’s Club.  Mr. Soukup discussed Bingo at the Community Building and asked the Council’s permission to hang lightboards.  Concern was expressed about hanging lightboards and possibly hanging banners from various community groups on the walls of the Community Building.  It was discussed that this may not be favorable when special events are held in the Community Building. Building cabinets to house the lightboards or hanging curtains to cover the lightboards was discussed.  It was suggested by Councilman Fricke that Patrick Gates work with Tom Ellis and Jeff Soukup to hang two of the lightboards as close as possible to the ceiling of the Community Building.  After discussion, Council approved hanging two lightboards with the supervision and discretion of Utility Superintendent, Patrick Gates. 

Councilman Schrock asked Mr. Soukup what some of the goals of the Lion’s Club were.  Mr. Soukup said that a major goal of this Club is to raise as much money as possible to put toward various City projects.  Mr. Soukup said 100% of the money made will remain in the community for these projects.  Some of the projects Mr. Soukup listed were new doors and providing handicapped accessibility for the Community Building.  Improvements for the City Park were also mentioned by Mr. Soukup. 

Jeff Soukup asked the Council if they would consider increasing the City’s donation for the annual Fourth of July fireworks to $1500.  After brief discussion, Councilman Schrock made a motion to donate up to $1200 for the fireworks, which motion was seconded by Drake.  On roll call voting aye, Fricke, Schrock, Drake.  Nays none.  Lawver abstained.  Motion carried.

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 Fricke.  On roll call voting aye, Lawver, Drake, Fricke, Schrock.  Nays none.  Motion carried.

The audit report for year ending September 30, 2006 was distributed to the Mayor and Council.  Council will review and discuss at their April regular meeting.

Motion to enter into executive session at 8:10 p.m. for the prevention of needless injury to an individual was made by Schrock, seconded by Drake.  On roll call voting aye, Fricke, Lawver, Drake, Schrock.  Nays none.  Motion carried.

Motion to return to regular session was made by Drake, seconded by Fricke.  On roll call voting aye, Fricke, Lawver, Schrock, Drake.  Nays none.  Motion carried.  Regular session resumed at 8:55 p.m.

With no further business to come before the Council, motion to adjourn the meeting was made by Schrock, seconded by Lawver.  On roll call voting aye, Drake, Lawver, Fricke, Schrock.  Nays none.  Meeting adjourned at 8:56 p.m.