09/04/2007 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
SEPTEMBER 4, 2007
Mayor Vossler called the regular meeting of the City Council to order at 7:02 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.
Motion was made by Drake, seconded by Schrock, to open the public hearing at 7:03 p.m. to receive comments relating to the property tax request for 2007-2008 and to open the public hearing to receive comments relating to the proposed budget document as published for 2007-2008. On roll call voting aye to open the public hearing, Lawver, Schrock, Fricke, Drake. Nays none. Motion carried.
Motioned by Schrock, seconded by Fricke, to approve the Minutes of the August 7, 2007 regular meeting, the August 15, 2007 special meeting, the August 27, 2007 special meeting, and the August 2007 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the August 7, 2007 regular meeting, the August 15, 2007 special meeting, the August 27, 2007 special meeting, and the August 2007 Treasurer's Report, Schrock, Drake, Lawver, Fricke. Nays none. Motion carried.
Councilman Schrock requested that the Warren Memorial Hospital Financial Reports be submitted to City Hall no later than the Friday prior to the Friend City Council meetings, so these reports could be included in the Council members’ packets, giving Council the opportunity to review them prior to the meeting. Mayor Vossler asked that this be noted so Hospital Administrator, John Wilson, can be contacted and made aware of this request.
Ray Rohrig, Captain of the Friend Ambulance Service, attended the meeting and informed the Mayor and Council that he has not received a copy of the ambulance financial reports for the last four to five months. Mayor Vossler said he knew of no reason why this information would not be available for Mr. Rohrig or any other member of the Ambulance Service to review and stated that he would follow up on this with Hospital Administrator, John Wilson.
Motion was made by Fricke, seconded by Lawver, to approve the Warren Memorial Hospital financial reports for July 2007. On roll call voting aye to approve the Warren Memorial Hospital financial reports for July 2007, Fricke, Schrock, Drake, Lawver. Nays none. Motion carried.
Councilman Drake questioned a claim submitted for approval to Gene’s Electric. Patrick Gates explained this bill is for several projects that include the purchase of poles, materials for the project at the elevator, and materials for the water extension project.
Shirley Milton asked what the expected cost to the City was going to be for the Cordova water project. It was explained that the water portion of this project will cost very little and the City will be responsible for the cost to feed electricity to the pumping station site, just as the City would do for any other business. These costs will be recovered from Cordova with the connection fee and charges for electric usage.
A motion was made by Schrock, 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, Drake, Fricke, Schrock, Lawver. Nays none. Motion carried.
The claims approved were as follows: August Payroll, 21,353.41; Ameritas, 1861.58; EFTPS, 7081.89; Alltel Cellular, 405.10; Aquila, se. 199.37; BVH, su. 1.09; Baker & Taylor, su. 49.83; Barco, su. 49.32; Leonard Braun, se. 45.00; Brothers Equip, su. 269.00 ; Central States Lab., su. 17,509.96; LaRaine, Cihak, re. 101.83; Discover, su. 19.95; Eakes, su. 35.99; Farmer’s Coop, su. 2078.36; Fireguard, su. 60.62; Galaxy Cable, se. 45.43; Patrick Gates, re. 337.04; Gene’s Electric, se. & su. 51,746.50; Debbie Gilmer, re. 37.77; Johnson Pharmacy, su. 32.70; Kirkham Michael, se. 2125.00; Konica, fe. 73.05; League of NE Muni., fe. 1867.00; Max Davis Prod, su. 14.99; Menards, su. 27.48; Midwest Labs, se. 214.00; Midwest Living, su. 19.97; Mohrhoff Power Equip, su. 118.14; Michael Mullally, fe. 567.00; NE Dept of Rev, SWH, 1089.19, fe. 25.00, Sales & Use Tax, 6195.25; NE Public Health, se. 189.00; NE Public Power, 61,128.10; Nat’l Geographic, su. 34.00; Norris Public Power, se. 3890.96; OMB Police Supply, su. 153.99; Office Cash, su. 111.81; Pioneer Publishing, fe. 285.86; Postmaster, su. 175.00; Principal Mutual, fe. 4104.60; Railroad Mgmt, fe. 75.00; Ross Repair, se. 33.50; Sensus Metering System, fe. 1200.00; Shell, su. 170.88; Marvin Slepicka, fe. 750.00; Steve’s Repair, se. 1117.68; Phyllis Svehla, se. 127.32; The Garbage Co., se. 959.04; Windstream, se. 684.16; Yokels, su. 90.50. Total Claims Approved $190,939.21.
Discussion was had regarding a statement that was submitted by Terry Galloway, CPA with Almquist, Maltzahn, Galloway & Luth, P.C. The charges reflected on this statement are for services that the Council believes were not authorized. Mayor Vossler has discussed this with Galloway and Galloway claims that he received verbal authorization for these services. Attorney Mullally was advised by the Council to draft and send a letter to Mr. Galloway addressing this matter.
The budget for 2007-2008 was discussed. Mayor Vossler informed the Council that $7,000 has been included in the budget for an interest payment due in December 2007 on a loan for the hospital. Possible solutions for the hospital’s financial situation were discussed.
Motion was made by Lawver, seconded by Drake, to close the public hearing for receiving comments relating to the property tax request for 2007-2008 and comments relating to the proposed budget document as published for 2007-2008. On roll call voting aye to close the public hearing, Schrock, Fricke, Lawver, Drake. Nays none. Motion carried. Public hearing closed at 7:35 p.m.
Rich Robinson from Kirkham Michael Consulting Engineers attended the meeting to report on the recreational project relating to the restoration of the City pond. Mr. Robinson stated that CLEAR (Community Lakes Enhancement And Restoration) funds have already been received. These funds will be used to provide excavation and dredging of the lake to depths up to 12 feet. This project includes the design process and a sedimentation basin upstream of the lake to control sediment accumulation.
Mr. Robinson discussed with the Council the proposed trail project that would be a supplement to the lake project. The trail would consist of two loops, one to encircle the lake and one to the north of the lake. The trail will be of concrete that is six inches thick, eight feet wide, and have a total approximate length of 2300 lineal feet. Included on the northwest corner of this project will be 5-6 crushed-rock parking stalls, as well as concrete stalls for handicapped-accessible parking. At the extreme southeast portion of the project, plans are to include 4 parking stalls with two being crushed-rock and two being concrete for handicap-accessibility. Plans are also set to provide a handicapped-accessible fishing dock to reach some of the depths of the lake.
Amenities included in these projects are two pole-type shelters. One small shelter (approximately 10 ft. X 15 ft.) will be located on the south side, and a larger shelter (approximately 20 ft. X 30 ft.) will be located on the north side.
Mr. Robinson stated that prior to proceeding with these projects a public information meeting should be held to provide a brief presentation and to answer any questions from the public regarding these projects. This “open-house” meeting has been set for Wednesday, September 12, 2007 at City Hall from 5:00 p.m. to 6:30 p.m.
Mayor Vossler introduced and read by title the following proposed resolution.
RESOLUTION #07-26
1. The City of Friend, Nebraska is applying for federal assistance from the Recreational Trails Program for the purpose of constructing a double loop trail around Friend Lake. The trail will be 8 feet wide with a concrete surface and include two handicap-parking areas.
2. The Mayor of Friend, Nebraska is authorized to sign the application for federal assistance, and any other official project documents that are necessary to obtain such assistance, including any agreements, contracts or other documents that are required by the State of Nebraska or the Federal Highway Administration.
3. The City of Friend, Nebraska currently has the written commitment for the 20% local matching share for the project elements that are identified on the Application form and the Supplemental Documents and will, as it becomes necessary, allocate the local funds for this project.
4. The City of Friend, Nebraska will commit the necessary financial resources to operate and maintain the completed project in a safe and attractive manner.
5. The City of Friend, Nebraska will not discriminate against any person on the basis of race, color, age, religion, disability, sex or nation origin in the use of any property or facility that is acquired or developed pursuant to the project proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, and any of the regulations promulgated pursuant to such Act.
6. The City of Friend, Nebraska will comply with all rules and regulations of the Recreational Trails Program, applicable Executive Orders and all state laws that govern the grant applicant during the performance of the project.
7. The City of Friend, Nebraska will comply with the Federal disability access and use standards where they can be reasonably applied, in accord with the American with Disability Act of 1991.
8. All paperwork may be signed by the project sponsor, but the Mayor MUST sign the Resolution.
Motion to adopt proposed Resolution Number 07-26 was made by Fricke, seconded by Schrock. On roll call voting aye, Drake, Lawver, Schrock, Fricke. Nays none. Resolution Number 07-26 was passed and approved this 4th day of September, 2007.
Mayor Vossler introduced and read by title the following proposed resolution.
RESOLUTION NO. 07-27
WHEREAS, Nebraska Revised Statute 77-1601.02 provides that the property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization unless the Governing Body of the City of Friend passes by a majority vote a resolution or ordinance setting the tax request at a different amount; and
WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and
WHEREAS, it is in the best interests of the City of Friend that the property tax request for the current year be a different amount than the property tax request for the prior year.
NOW, THEREFORE, the Governing Body of the City of Friend, by a majority vote, resolves that:
1. The 2007-2008 property tax request be set at $258,203.89.
2. A copy of this resolution be certified and forwarded to the County Clerk on or before October 13, 2007.
Motion to adopt proposed Resolution Number 07-27 was made by Lawver, seconded by Drake. On roll call voting aye, Schrock, Fricke, Drake, Lawver. Nays none. Resolution Number 07-27 was passed and approved this 4th day of September, 2007.
Mayor Vossler announced that it was now time to open the submitted bid received for the sale of the City-owned lots legally described as: “Lots 38 and 39, R.S. Bentley’s Addition, Friend, Saline County, Nebraska”. A bid from Brad and Rosie Drake was received for $500.
Motion to deny the submitted bid of $500 from Brad and Rosie Drake for the City-owned lots legally described as “Lots 38 and 39, R.S. Bentley’s Addition, Friend, Saline County, Nebraska” was made by Councilman Drake. The motion failed for lack of a second.
Motion to accept the bid of $500 from Brad and Rosie Drake for the City-owned lots legally described as “Lots 38 and 39, R.S. Bentley’s Addition, Friend, Saline County, Nebraska” was made by Lawver, seconded by Fricke. On roll call voting aye, Schrock, Lawver. Voting nay, Drake, Fricke. With the vote being even, Mayor Vossler made the deciding vote to accept this bid. Motion carried.
Mayor Vossler introduced and read by title proposed Ordinance No. 07-701. Councilman Fricke moved that the statutory rule requiring reading on three different days be suspended. Councilman Lawver seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting aye, Schrock, Fricke, Lawver. Members voting nay, Drake. 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. 07-701
AN ORDINANCE TO CONFIRM THE SALE OF CERTAIN MUNICIPAL REAL ESTATE LOCATED WITHIN THE CITY OF FRIEND, NEBRASKA, TO DESCRIBE THE REAL ESTATE SO PURCHASED, DISCLOSE THE NAME OF THE PURCHASER, AND THE TERMS OF THE SALE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA:
Section 1. The sale of the real estate legally described as:
Lots 38 and 39, R.S. Bentley’s Addition, Friend, Saline County, Nebraska.
in the amount of $500.00, to Bradley A. and Rosella E. Drake, is hereby confirmed, under the following terms and conditions:
Section 2. 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. Closing shall occur on September 18, 2007, at which time the purchaser shall deliver certified funds to the City Clerk for the entire purchase price, at which time the Clerk shall deliver the executed deed to the purchaser.
Section 3. Any other ordinance or section passed and approved prior to the passage, approval and publication or posting of this ordinance and in conflict with the provisions herein is hereby repealed. This ordinance shall take effect and be in full force from and after its passage, approval and publication in pamphlet form as required by law.
After Mayor Vossler read proposed Ordinance No. 07-701 by title, Councilman Schrock moved for final passage, which motion was seconded by Councilman Lawver. The Mayor then stated the question “Shall Ordinance No. 07-701 be passed and adopted?” Upon roll call, the following Council members voted aye, Fricke, Schrock, Lawver. The following voted nay, Drake. 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. 07-701 adopted.
Mayor Vossler introduced and read by title proposed Ordinance No. 07-702. 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, Drake, Schrock, Fricke. 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. 07-702
AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES; TO PROVIDE FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA:
Section 1.
That after complying with all procedures required by law, the budget presented and set forth in the budget statement is hereby approved as the Annual Appropriation Bill for the fiscal year beginning October 1, 2007 through September 30, 2008. All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of Friend. A copy of the budget document shall be forwarded as provided by law to the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska, and to the County Clerk of Saline County, Nebraska, for use by the levying authority.
Section 2.
This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
After Mayor Vossler read proposed Ordinance No. 07-702 by title, Councilman Lawver moved for final passage, which motion was seconded by Councilman Schrock. The Mayor then stated the question “Shall Ordinance No. 07-702 be passed and adopted?” Upon roll call, the following Council members voted aye, Lawver, Drake, Fricke, 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 Ordinance No. 07-702 adopted.
Utilities Superintendent, Patrick Gates, gave his utility report. Mr. Gates reported on the Cordova water project. Gates said he had a draft copy of the agreement for Cordova to purchase the 50 X 100 foot lot. The price for this calculates to 23 cents per foot, for a total cost of $1,150. (This is the dollar amount that the City has invested in this lot.) The Cordova Village Board is meeting tonight, discussing the purchase of this lot, and will contact Gates with their decision. As the Friend City Council authorized the sale of this property to Cordova, as reflected in the June 4, 2007 Friend City Council meeting minutes, no further action taken by the Council for this transaction at this time.
Patrick Gates reported that Rich Robinson has been working on the water purchase agreement between Friend and the Village of Cordova. Gates said a few minor revisions are necessary before this agreement is final. Prior to the agreement being finalized it will be submitted to Attorney Mullally for his review and execution. Finalization and execution of the agreement may require the need for a special meeting for Council’s review and approval.
Patrick Gates informed the Council that the Safe Route to School Program is again accepting grant applications for another year. Gates said since the necessary information has already been gathered for this, he would like Council’s approval to submit another letter of intent to apply. Gates said even though Friend was not chosen as a recipient for this grant from the last application and awarding process, he feels there is a strong possibility that Friend would be selected as a recipient this year. Motion was made by Councilman Fricke, seconded by Councilman Schrock, to authorize Mayor Vossler to sign a letter of intent to apply for the Safe Route to School Sidewalk Program Grant and to submit this letter to the Safe Routes Nebraska State Coordinator for consideration. On roll call voting aye, Drake, Lawver, Schrock, Fricke. Nays none. Motion carried.
Patrick Gates requested Council’s advisement on an issue that has been reported to him. This issue concerns water problems that a resident is having in his basement. It appears that one reason the problem exists is because of the design of the neighboring property and how the neighboring property was built, as it sets much higher. Another possible cause for the problem could be the fact that the front yard of this residence is elevated higher than the home’s foundation. After lengthy discussion, it was determined by the Council that this is not an issue the City is responsible for. Building Inspector, Mark Stutzman, has looked at the property and will contact the property owner with suggestions for possible solutions.
Mayor Vossler told Patrick Gates that he was informed by school officials that they are very pleased with the work that has been done at the ballfield in preparation of the field for the Friend Public School’s Softball Program.
Police Chief, Mark McFarland, gave the Police Report for the month of August 2007. (Copy of this report is attached.) McFarland reported that of the four trailers that were requested be removed from Friend, only one is gone. The remaining three will be removed as soon as the owner has the proper paperwork in place. McFarland relayed to the Council that the owner appreciates the patience they have had regarding this issue and for cooperating with him while he continues his effort to get these trailers out of town.
Fire Chief, Brent Milton, had nothing to report.
No report submitted for the Hospital
Mark Stutzman submitted a building permit application for approval. As Mr. Stutzman is the acting Building Inspector for the City of Friend, the application for this building permit was forwarded to the City Council for their consideration. After Council’s review, motion was made by Fricke, seconded by Lawver to approve Building Permit Application No. 353, as submitted by Mark Stutzman. On roll call voting aye, Fricke, Lawver, Drake, Schrock. Nays none. Motion carried.
Jim Ryan attended the meeting and provided the Council with copies of a recommendation from the Friend Industrial Development Corporation regarding a grant from CDBG funds. Their recommendation is that Warren Memorial Hospital Foundation receive a grant from CDBG funds equaling two equipment lease payments, not to exceed a total of $8,000. After discussion, motion was made by Drake, seconded by Schrock, that, contingent upon the Warren Memorial Hospital Foundation qualifying as an eligible recipient of a grant from CDBG funds, a grant of up to $8,000 be awarded to them for the aforementioned equipment lease payments. On roll call voting aye, Fricke, Schrock, Drake, Lawver. Nays none. Motion carried.
Brief discussion was had regarding the wall of the Gropp building. Paul and Scott Gropp were in attendance at the meeting and it was determined that Attorney Mullally and Attorney Scott Gropp will work together in addressing this issue and return to the Mayor and Council with their findings and/or recommendations.
In an effort to prevent needless injury to the reputation of an individual, motion to enter into executive session for discussion was made at 8:24 p.m. 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 Fricke, seconded by Schrock. On roll call voting aye, Lawver, Drake, Fricke, Schrock. Nays none. Motion carried. Regular session reconvened at 8:45 p.m.
Motion to increase full-time employee wages (regular schedule of 40 hours per week) by 5%, with the exception of Don Anderson and Brian Stork, of whose wages were motioned to be increased 7%, was made by Councilman Drake. Motion for a 5% increase for full-time employee wages and a 7% increase for Don Anderson’s and Brian Stork’s wages was seconded by Lawver. On roll call voting aye, Fricke, Schrock, Lawver, Drake. Nays none. Motion carried.
With no further business to come before the Council, motion to adjourn the meeting was made by Schrock, seconded by Fricke. On roll call voting aye, Drake, Fricke, Schrock, Lawver. Nays none. Meeting adjourned at 8:46 p.m.
