08/07/2007 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
AUGUST 7, 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: Dale Lawver, Dan Drake, and Harlan Schrock. Dan Fricke was absent. 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.
Paul Gropp attended the meeting to discuss with the Mayor and Council repair of the north wall of the Gropp building (Tim Gill Insurance building) located at 124 Maple Street. This wall was exposed as a result of the fire of the former Friendly Lanes Bowling Alley. Mr. Gropp presented information to the Council regarding restoration/repair for this wall, as well as costs for the repair. After discussion of the repair and the responsibility of the cost of this repair, Council requested that Attorney Mike Mullally work with Attorney Scott Gropp to determine how to proceed with this issue and to draft a proposal for Council’s consideration.
Vickie Himmelberg, on behalf of the Friend Women’s Association, (formerly known as the Friend Business Women), attended the meeting to discuss the “Welcome To Friend” banner maintenance, and the greenery and bows on the light poles during the Christmas season. Mrs. Himmelberg said the Association wishes to transfer this responsibility to the City, as they are low on membership and financial resources to continue supporting this maintenance. She stated that all future FWA fundraisers will focus on continuing funding for school scholarships. After discussion, Mayor Vossler said he and the Council would consider Mrs. Himmelberg’s request and contact her at a later date to advise her of their decision.
Motioned by Schrock, seconded by Lawver, to approve the Minutes of the July 3, 2007 regular meeting, the July 23, 2007 special meeting, and the July 2007 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the July 3, 2007 regular meeting, the July 23, 2007 special meeting, and the July 2007 Treasurer's Report, Drake, Lawver, Schrock. Nays none. Fricke absent. Motion carried.
At this time Councilman Drake asked about the status of the trailers that were discussed at the June meeting. Mark McFarland, Police Chief, responded by saying he has been contacted by the owner of these trailers and plans are still in place to remove them sometime in the next two weeks.
Motion was made by Drake, seconded by Schrock, to approve the Warren Memorial Hospital financial reports for June 2007. On roll call voting aye to approve the Warren Memorial Hospital financial reports for June 2007, Lawver, Drake, Schrock. Nays none. Fricke absent. 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, Drake, Schrock, Lawver. Nays none. Fricke absent. Motion carried.
The claims approved were as follows: July Payroll, 22,656.80; Ameritas, 1805.07; EFTPS, 7429.27; Acco, su. 357.45; Alltel Cellular, 433.38; Aquila, se. 135.26; BVH, su. 29.43; Baker & Taylor, su. 147.95; Beaver Hardware, su. 8.40; Blue Blossom, su. 42.60; Bonsall Pool & Spa, su. 251.55; Brothers Equip, fe. & su. 39.80 ; Central States Lab., su. 11,411.99; Condon & Skelly, fe. 158.00; Crete True Value, fe. 2.87; D&D Comm, se. 936.00; Discover, su. 427.79; Drake Refrigeration, se. 102.00; Eakes, su. 248.47; Farmer’s Coop, su. 2299.85; First Natl, 17,000.00; Friend Insurance, fe. 200.00; Friend Sentinel, se. 40.00; FVFD, re. 1200.00; Galaxy Cable, se. 39.95; Gene’s Electric, se. 265.00; Great Plains One-Call, se. 23.70; Hometown Leasing, se. 55.83; Johnson Pharmacy, su. 25.80; Jr Library Guild, su. 75.00; Kirkham Michael, se. 5640.40; Konica, fe. 73.05; Chris Michl, se. 32.00; Midwest Labs, se. 17.15; Midwest Vehicle Pros, su. 1971.80; Michael Mullally, fe. 366.00; NE Dept of Rev, SWH, 1134.49 & Sales & Use Tax, 5234.67; NMPP, su. 323.25; NE Public Health, se. 201.00; NE Public Power, 61,679.82; NE Volunteer Firefighters Trust, fe. 1679.92; Natl Casualty, fe. 338.25; NE Power Review Board, re. 83.96; Norris Public Power, se. 4013.36; OMB Police Supply, su. 23.50; Pioneer Publishing, fe. 285.50; Platte Valley Comm, se. 17.00; Principal Mutual, fe. 4104.60; Reiman Publ, su. 14.98; Ross Repair, se. 85.75; Shell, su. 329.00; Marvin Slepicka, fe. 750.00; The Garbage Co., se. 155.79; Wells Fargo, fe. 400.00; Windstream, se. 654.52; Young’s Welding, se. 400.00; Wingate, fe. 130.00; Yokels, su. 56.04. Total Claims Approved $157,858.97.
Mayor Vossler introduced and read the following proposed resolution.
RESOLUTION NO. 07-25
A RESOLUTION TO PROVIDE FOR THE SALE OF THE FOLLOWING DESCRIBED REAL ESTATE, TO-WIT:
-Lots 38 and 39, R.S. Bentley’s Addition, Friend, Saline County, Nebraska.
SUBJECT TO THE PROVISIONS AND CONDITIONS HEREINAFTER SET FORTH; AND TO PROVIDE FOR THE TERMS OF SUCH SALE;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA:
Section 1. DESCRIPTION; CONSIDERATION FOR SALE; TO WHOM SOLD; CONDITIONS: The following described real estate owned by the City of Friend, Saline County, Nebraska, to-wit:
-Lots 38 and 39, R.S. Bentley’s Addition, Friend, Saline County, Nebraska.
shall be sold to the highest bidder for cash by sealed bids submitted by September 4, 2007, 5:00 p.m., at the Friend City Hall, Friend, Nebraska.
Section 2. MANNER OF CONVEYANCE; TITLE CONVEYED; NO WARRANTIES: Conveyance of said real estate to the Purchaser thereof shall be by Quitclaim Deed executed on behalf of the City of Friend, Nebraska, a municipal corporation, by the Mayor of the City of Friend and attested to by the City Clerk-Treasurer of the City of Friend, Nebraska. This real estate is sold as-is, where-is. No representations or warranties as to the sufficiency of title, or of the potential uses or restrictions of use of this real estate, are made by the City of Friend. Cost of examination of title shall be at the sole expense of the prospective buyer of this real estate.
Section 3. NOTICE OF SALE AND PUBLICATION: Notice of sale of said real estate and the terms thereof as provided in this Resolution shall be published three (3) consecutive weeks in the Friend Sentinel, a legal newspaper published in and of general circulation in said City immediately after the passage and publication of this Resolution.
Section 4. REMONSTRANCE AGAINST SUCH SALE: If remonstrance against such sale as herein provided signed by the legal electors of the City of Friend, Nebraska, equal in number to 30% of the electors of the City of Friend, Nebraska, voting at the last regular municipal election held in said City be filed within the publication of this Resolution, said property shall not then nor within one year thereafter be sold.
Section 5. SALE SUBJECT TO COUNCIL APPROVAL: The sale of this real estate is subject to confirmation by the passage of an ordinance by the City Council of the City of Friend. The City of Friend reserves the right to reject any and all bids received for this real estate.
Motion to adopt proposed Resolution Number 07-25 was made by Schrock, seconded by Lawver. On roll call voting aye, Schrock, Lawver, Drake. Nays none. Fricke absent. Resolution Number 07-25 was passed and approved this 7th day of August, 2007.
Joe Miller, Insurance Agent with Miller-Monroe-Farrell, attended the meeting to discuss loss control recommendations that were issued to the City from The Homestate Companies Loss Control Department in November 2006. One of their main concerns is the diving board at the swimming pool. The Homestate Companies recommended the following.
“The unique diving board arrangement in the swimming pool does not offer the full measure of safety that could be provided divers. Standards based on injury experience have evolved over time and should be incorporated whenever possible to lessen the potential for injury. The “grandfathering” of an existing condition with safety concerns should not be taken as absolving a responsible body from the need to take reasonable steps to protect persons from injury.
In this case the diving well beneath the diving boards does not provide the desired side-to-side and front-to-back clearances and water depths. To lessen the potential for injury it is recommended that the three-meter diving board be removed and the one-meter board be moved to a position centered over the edge of the diving well. The lifeguard station should be retained on the platform. These actions would retain the unique aspects of the diving area while greatly improving the safety of those using it.”
Mr. Miller informed the Mayor and Council that Homestate will renew insurance with Friend with the condition that the City agrees to remedy this diving board issue before next season. Mr. Miller continued by stating that before he can acquire figures from Homestate to prepare a bid for renewal of insurance coverage for the City of Friend, he needed a guarantee from the Mayor and Council that this will be addressed in the near future. Discussion was had and it was agreed by Council that addressing this issue is a priority and that it will be remedied prior to the next swimming season.
Councilman Drake asked Mr. Miller if he had received a copy of a letter from Oak River that had been submitted to a Friend resident, Jim Winter, regarding a recent claim. Drake informed Mr. Miller that he felt this letter was a very unprofessional reply. Drake continued by saying that the area referred to in the letter was not the area of concern and that to his knowledge no City official had been contacted prior to the adjuster’s review and response to this claim to confirm the location of the drainage problem. Mr. Miller extended his apologies and said he had not seen a copy of this correspondence prior to tonight and assured the Council that an incident such as this would not occur again.
Joe Miller said that since he received a verbal guarantee from the Mayor and Council to remedy the diving board issue he can now proceed with preparation of a bid for renewal of the City’s insurance package. Mr. Miller said he would appreciate the opportunity to submit a bid and, if Council would extend the bid acceptance deadline, he would have one prepared for their consideration by Friday, August 10th. Council discussed and agreed to extend the deadline and consider submitted bids at a special meeting to be scheduled sometime next week.
Rebecca Haufle with Inspro Insurance attended the meeting to present to the Council a bid prepared by Inspro for insurance coverage for the City of Friend. After discussion, Council requested that Ms. Haufle provide quotes for the liability coverage for the EMTs, coverage on the two ambulances, the ambulance garage, and a bid to include increased coverage on the Reo. Ms. Haufle agreed to prepare these requested bids and will have them available for Council’s review prior to the special meeting.
Council considered bids from Certified Public Accountants for the preparation of the City’s annual budget and the annual audit. Bids were received from Romans, Wiemer & Associates of York, Almquist, Maltzahn, Galloway & Luth of Grand Island, and Marvin E. Jewell & Company of Lincoln. After review and discussion, motion was made by Drake, seconded by Schrock, to accept the proposal submitted by Romans, Wiemer & Associates of York for assistance in preparing the City’s annual budget and for conducting the annual audit for the City of Friend. On roll call voting aye, Lawver, Schrock, Drake. Nays none. Fricke absent. Motion carried.
Utilities Superintendent, Patrick Gates, gave his utility report. Gates provided to the Mayor and Council a copy of an agreement of understanding between the Friend Public School and the City of Friend allowing the School to use the Friend Ballfield. Gates brought to the Council’s attention that all requirements and information regarding the terms for the School’s usage of the field is covered in this agreement, including the requirement of the School to provide proof of insurance regarding any and all accidents occurring on the premises during their use of the field. After review and discussion, motion to accept the Annual Agreement of Understanding between the Friend Public School and the City of Friend, Park and Recreation Department for the School’s use of the Friend Ballfield for their 2007 Friend High School Softball Season was made by Schrock, seconded by Drake. On roll call voting aye, Lawver, Schrock, Drake. Nays none. Fricke absent. Motion carried. (Copy of this agreement is on file in the City Clerk’s office.)
Relating to the Friend Lake Restoration Project, Patrick Gates requested Council’s authorization for Mayor Vossler to sign a letter to the Lower Big Blue Natural Resource District. Council discussed and approved. Included in this letter is a request from the City that the Lower Big Blue Natural Resource District contribute to a portion of local share of this project. Friend’s interest for any other potential forms of assistance that may be available from the NRD, such as seeding the lake area, fishing stations, and tree and shrub landscaping of the area is also expressed in the letter. Gates informed the Mayor and Council that Mr. Keith Clouse should be recognized for his participation in this project. Mr. Clouse has been very instrumental through all phases of this project. Keith’s time, effort and dedication have made this project possible.
Patrick Gates also reported on the following items/issues:
- The swimming pool will close tomorrow, August 8, 2007.
- The ditch has been dug north of the tracks (relating to a recent insurance claim submitted by Jim Winter).
- Cordova’s engineer plans to be here next week to visit the site of the Cordova water system improvement project.
Councilman Drake commented that the ditch at Second and State Street looks nice. It had been requested at a previous meeting that this ditch be cleaned up as it had become overgrown with weeds and volunteer trees.
Police Chief, Mark McFarland gave the Police Report for the month of July 2007. (Copy of this report is attached.) McFarland stated that he and Office Stork have been considering implementing a bicycle-licensing program in Friend. No action was taken at this time.
Building Inspector, Mark Stutzman attended the meeting. Stutzman reported that he is currently working with an individual that will be removing an older garage and setting footings for a new garage.
Stanley Krause, 2nd Assistant Chief for the Friend Volunteer Fire Department, reported that there will be a benefit held Saturday, August 11th for fireman Ray Rohrig who suffered injuries in an accident that occurred during the fireworks display on July 4th. Donations (free will offering) will be collected and a silent auction will be held to assist in expenses incurred as a result of this accident. This event will be sponsored by the Friend Volunteer Fire Department, the Friend Rescue Squad, and supplemental funds will be provided by Thrivent.
Nothing reported from the Hospital.
A preliminary budget proposal for fiscal year 2007-2008 prepared by Patrick Gates and Debbie Gilmer was submitted to the Mayor and Council for their consideration. After discussion, motion was made by Lawver, seconded by Drake to accept this preliminary budget proposal for fiscal year 2007-2008 as presented. On roll call voting aye, Schrock, Drake, Lawver. Nays none. Fricke absent. Motion carried.
For the protection of the public interest, motion to enter into executive session for discussion was made at 9:10 p.m. by Schrock, seconded by Drake. On roll call voting aye, Lawver, Schrock, Drake. Nays none. Fricke absent. Motion carried.
Motion to return to regular session was made by Lawver, seconded by Drake. On roll call voting aye, Schrock, Lawver, Drake. Nays none. Fricke absent. Motion carried. Regular session reconvened at 9:42 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, Schrock. Nays none. Fricke absent. Meeting adjourned at 9:43 p.m.
