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06/04/2007 Regular Meeting

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

JUNE 4, 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 Drake, Dale Lawver, and Dan Fricke.  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. 

Chris Woods attended the meeting to inform the Mayor and City Council that he would like Dr. McKeeman removed from his appointed position as the Municipal Physician.  Mr. Woods stated he feels that since Dr. McKeeman is suing the City he should not be allowed to serve in this position.  Mayor Vossler thanked Mr. Woods for his comments and informed him that as an appointed official, Dr. McKeeman shall not be removed from his position in the middle of his term.  Mayor Vossler continued by saying that appointed officials shall serve through the expiration of their terms and may only be removed from office, for sufficient cause, by recommendation and majority vote from the City Council.

Motioned by Schrock, seconded by Fricke, to approve the Minutes of the May 1, 2007 regular meeting, the May 7, 2007 special meeting, and the May 2007 Treasurer's Report as presented and file same.  On roll call voting aye to approve the Minutes of the May 1, 2007 regular meeting, the May 7, 2007 special meeting, and the May 2007 Treasurer's Report, Drake, Lawver, Schrock, Fricke.  Nays none.  Motion carried.

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

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

The claims approved were as follows:  May Payroll, 25,510.59; Ameritas, 2649.28; EFTPS, 8616.26; Acco, su. 716.80; Alltel Cellular, 386.09; Aquila, se. 178.03; BVH, su. 23.98; Baker & Taylor, su. 392.72; Beaver Hardware, su. 143.09; Bonsall Pool & Spa, su. 457.10; Brandenburgh Disposal, se. 244.00; Central States Lab., su. 18,686.46; LaRaine Cihak, re. 107.70; Keith Clouse, re. 194.00; Consumer Reports, su. 26.00; Crete Lumber, su. 110.68; Crete True Value, su. 191.40; Culligan, su. 56.00; D&D Comm., se. 6.00; Danko, su. 100.55; Discover, su. 806.22; Eakes, su. 85.32; Exeter Lumber, su. 123.70; Farmer’s Coop, su. 1703.43; Friend Public Schools, fe. 25.00; Galaxy Cable, se. 39.95; Patrick Gates, re. 213.98; Gene’s Electric, se. 363.73; Debbie Gilmer, re. 110.00; Great Plains One-Call, se. 18.00; Home & Country LLC, se. 135.00; Hometown Leasing, se. 50.83; Bill Hulse, re. 40.64; Johnson Hardware, su. 197.57; Johnson Pharmacy, su. 219.95; Gregg Johnson-Ent. Se. 744.45; Kirkham Michael, se. 1179.54; Knowledge Industries, su. 142.89; Konica, fe. 73.05; League of NE Muni., fe. 255.00; Lincoln Winnelson Co, su. 301.89; Maguire Iron, se. 4451.53; Menards, su. 306.15; Midwest Labs, se. 55.00; Michael Mullally, fe. 387.00; NDEQ, fe. 150.00; Nat’l Geographic, su. 46.20; NE Life, su. 38.00; NE Dept of Rev, SWH, 1402.40 & Sales & Use Tax, 4012.94; NE Public Power, 31,695.98; Nick’s Farm Store, su. 270.59; Norris Public Power, se. 4013.36; OMB Police Supply, su. 41.48; Pioneer Publishing, su. & fe. 372.67; Principal Mutual, fe. 4104.60; Ross Repair, se. 11.50; Saline County Clerk, fe. 6.00; Marvin Slepicka, fe. 750.00; State of NE HHS, se. 127.00; Steve’s Repair, se. 190.84; Texaco, su. 424.92; The Garbage Co., se. 155.79; Thomson Gale, su. 44.93; The Volzke Corp, su. 98.58; Windstream, se. 672.47; Yokels, su. 718.31. Total Claims Approved $120,175.11.

Jim Winter submitted correspondence directed to the City office seeking compensation for labor, equipment and materials involved in the cleanup of his basement.  Mr. Winter expressed in his letter that the water infiltration in his basement, which caused damage to his carpets, foundation and walls, is a result of the lack of response from the City after Mr. Winter and Lance Holman brought to the Council’s attention last year a problem with the drainage on the north side of the railroad tracks.  Utility Superintendent, Patrick Gates informed the Council that he has been in contact with Mr. Winter regarding this matter, but will be contacting him again to let him know that this is a project that Gates is planning to address this summer.  Gates will keep the Mayor and Council informed on the progress of this project.

Mayor Vossler introduced and read by title proposed Ordinance No. 07-697.  Councilman Fricke 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, Schrock, Fricke, 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. 07-697

An Ordinance granting Aquila, Inc., d/b/a/ Aquila Networks, a Delaware corporation, its lessees, successors and assigns, a natural gas franchise and the authority to construct, operate, maintain, and extend a natural gas distribution plant and system, and granting the right to use the streets, alleys, and other public places within the present or future corporate limits of the City of Friend, Nebraska.  (A complete copy of this ordinance is available for inspection at City Hall during regular business hours.)

After Mayor Vossler read proposed Ordinance No 07-697 by title, Councilman Lawver moved for final passage, which motion was seconded by Councilman Schrock.  The Mayor then stated the question ”Shall Ordinance No. 07-697 be passed and adopted?”  Upon roll call, the following Council members voted aye, Drake, Schrock, Fricke, Lawver.  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. 07-697 adopted.

Mayor Vossler introduced and read by title proposed Ordinance No. 07-698.  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, Lawver, Fricke, Schrock, 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. 07-698

An ordinance establishing a franchise tax on natural gas companies operating in the City of Friend, Nebraska.  (A complete copy of this ordinance is available for inspection at City Hall during regular business hours.)

After Mayor Vossler read proposed Ordinance No 07-698 by title, Councilman Drake moved for final passage, which motion was seconded by Councilman Lawver.  The Mayor then stated the question ”Shall Ordinance No. 07-698 be passed and adopted?”  Upon roll call, the following Council members voted aye, Fricke, Schrock, Lawver, 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. 07-698 adopted.

Motion was made by Schrock, seconded by Fricke, to table until the next regular meeting, proposed Ordinance No. 07-699 relating to water rates, and proposed Ordinance No. 07-700 relating to sewer rates.  On roll call voting aye, Drake, Lawver, Fricke, Schrock.  Nays none.  Motion carried.

Jim Ryan attended the meeting to discuss the status of the Community Assessment project.  Mr. Ryan said he will be meeting with Terry Meyer from the Southeast Nebraska Development District to work on the community survey.  Mr. Ryan requested that the Mayor and Council provide any input to him as to what information they would like included on this survey.  Mr. Ryan said if they have no further input he will proceed with finalizing this survey.

Jeff Soukup attended the meeting on behalf of the Lions Club.  Mr. Soukup asked the Council for permission to hang four speakers in the Community Building for the Lions Club to use for BINGO.  The speakers would be mounted near the ceiling in the corners and the wires would be fed through the ceiling.  Mr. Soukup also asked the Council if they would reconsider requiring the Lions Club to cover the BINGO boards.  Discussion was had and at this time the Mayor and Council members were not in favor of hanging speakers.  Other items discussed relating to the Community Building included the landing leading to the basement as there are several items being stored there by various groups that use the Community Building creating a hazard.  Some of these items appear to belong to the Lions Club.  Councilman Dale Lawver informed Mr. Soukup that the popcorn popper that the Lions Club used had burnt the countertop.  Mr. Soukup assured the Mayor and Council that he will address these issues that have been brought to his attention with the members of the Lions Club.  Councilman Drake suggested that the Lions Club attempt to remedy these issues and approach the Council at a later date with their request for permission to hang speakers and to leave the BINGO boards uncovered.

Rich Robinson from Kirkham Michael Consulting Engineers attended the meeting to present an overview of recommendations to the Mayor and Council from a water and wastewater cost of service rate study recently conducted by Kirkham Michael.  Discussion was had regarding proposed rate increases.  Council requested that Patrick Gates provide information to them regarding volume usage of meters that are three inches or larger.  Gates will gather this requested information and have it available for the July regular meeting.

Utilities Superintendent, Patrick Gates, gave his utility report.  Mr. Gates reported to the Mayor and Council the status of the property purchase from Gary and Lori Blatter to be used in part for the Cordova Water Project.  Gates said the purchase was complete and provided the Mayor and Council with a proposal for the layout of this property including a recommended location for the pumping station.  Gates said he has reviewed this proposal with Eric Obert, engineer for the Village of Cordova, and Mr. Obert approved of the recommended pumping station location.

Councilman Drake made a motion to accept the proposed layout and pumping station location and to sell a portion of this property to the Village of Cordova for their pumping station for the same price per square foot as the City of Friend has invested in it at the time of the transaction.  This motion was seconded by Councilman Fricke.  On roll call voting aye, Schrock, Fricke, Drake, Lawver.  Nays none.  Motion carried.

Discussion was had regarding the cracked concrete on Edward Street.  Mr. Robinson said it appears the problem is with the density of the soil and that the cracking of the concrete is a result of improper compaction.  Mr. Robinson said this problem will continue to worsen with time and it should be addressed as soon as possible.  Mr. Robinson said it was his opinion that the Council determine a dollar amount they feel would be reasonable to share with the developer to correct this problem and leave any additional costs, or splits of costs, the responsibility of the developer.

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

Building Inspector, Mark Stutzman attended the meeting.  Mr. Stutzman had nothing to report at this time.

Councilman Dale Lawver reported on the behalf of the Fire Department.  Mr. Lawver said the Department received notice that they have been approved for a $9,400 forestry grant.  The grant is to be used for equipment purchases.

Nothing reported from the Hospital.

The proposal for changes and the addition of two areas to the TIF redevelopment area as submitted by the Planning Commission was discussed.  Attorney Bill Schellpeper will be advising how to proceed with this.

Discussion was had regarding an agreement with RTSI relating to their CDBG loan.  Motion was made by Schrock, seconded by Lawver, to allow the Friend Industrial Development Committee to work with RTSI on an agreement regarding their CDBG loan and to return to the Council with a recommendation of their assessment, providing their recommendation does not preclude any recommendation or advisement the City may receive from the City Attorney.  On roll call voting aye, Fricke, Drake, Lawver, Schrock.  Nays none.  Motion carried.

Date of the July City Council meeting was discussed.  It was decided that no change would be made.  The July City Council meeting will be held as regularly scheduled on July 3, 2007.

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 8:45 p.m.