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11/06/2007 Regular Meeting

 

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

NOVEMBER 6, 2007

 

 

Mayor Vossler called the regular meeting of the City Council to order at 7:05 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. 

 

Mayor Vossler stated that at this time public comments would be accepted.  No public comments were made.

 

Motioned by Schrock, seconded by Lawver, to approve the Minutes of the October 2, 2007 regular meeting, the October 22, 2007 special meeting, and the October 2007 Treasurer's Report as presented and file same.  On roll call voting aye to approve the Minutes of the October 2, 2007 regular meeting, the October 22, 2007 special meeting, and the October 2007 Treasurer's Report, Fricke, Lawver, Schrock.  Drake abstained.  Nays none.  Motion carried.

 

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

 

A motion was made by Lawver, seconded by Drake, 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:  October Payroll, 24,718.84; Ameritas, 2800.07; EFTPS, 8519.94; Alltel Cellular, 494.12; Amazon, su. 24.96; Ameritas, fe. 365.00; Aquila, se. 140.51; Baker & Taylor, su. 70.03; Beaver Hardware, su. 248.68; Brothers Equip, se. 48.66; Central States Lab., su. 10,757.96; Chief Supply, su. 406.96; LaRaine, Cihak, re. 44.14; Crete True Value, su. 77.25; Demco, su. 59.14; Discover, su. 1903.23; EDM Equip, su. 160.00; Eakes, su. 1.39; Exeter Lumber, su. 222.55; Farmer’s Coop, su. 1261.61; First Natl, loan pmt (police car), 3402.49; Fransyl Equip, su. 773.60; Friend Public School, su. 270.00; FVFD, re. 87.95; Galaxy Cable, se. 39.95; Galls, su. 41.51; Gene’s Electric, se. & su. 1823.05; General Fire, su. 283.01; Debbie Gilmer, re. 68.80; Goldsmith Tree Svc, se. 1000.00; Great Plains One-Call, se. 15.80; HD Supply, su. 879.97; Jack Keef, se. 124.58; Jensen Lumber, su. 90.95; Johnson Pharmacy, su. 43.53; Jr. Library Guild, su. 37.50; Kirkham Michael, fe. 6950.58; Konica, fe. 73.05; Koreworks, su. 256.50; Jackie Larsen, re. 39.77; Menards, su. 587.32; Midwest Labs, su. 90.00; Michael Mullally, fe. 660.00; Muni Supply, su. 1949.39; NE Public Health Env, se. 49.00; NMPP, se. 2100.00; NPPD, su. 35,523.89; NE Dept of Rev, SWH, 1428.20, Sales & Use Tax, 5535.78; NHHS, re. 120.00; Norris Public Power, se. 3685.60; OMB Police Supply, su. 83.97; Office Cash, re. 126.61; Pioneer Publishing, fe. 165.64; Platte Valley Comm, su. 97.50; Principal Mutual, fe. 4104.60; Reiman Publ, su. 24.98; Saline County Clerk, fe. 3.00; Shell, su. 223.60; Marvin Slepicka, fe. 750.00; Steve’s Repair, se. 157.80; Stutzman Digging, sus. 192.00; The Depository Trust, fe. 54,240.00; The Garbage Co., se. 155.79; The Penworthy Co, su. 457.71; UNL, fe. 356.00; Windstream, se. 624.43; Yokels Hardware, su. 179.61; Young’s Welding, se. 294.25. Total Claims Approved $182.594.30.

 

 

Mayor Vossler introduced and read the following proposed resolution.

 

RESOLUTION NO. 07-30

APPLICATION TO BECOME DEPOSITORY

 

To the Honorable Mayor and City Council, Friend, Nebraska;

 

            Comes now the Farmers and Merchants Bank of Milligan, Nebraska and herewith respectfully petitions and makes application to become a depository of the moneys and funds of the City of Friend, Nebraska, for the coming fiscal year beginning October 1, 2007.  Respectfully submitted, Farmers and Merchants Bank, Milligan, by Melvin Taylor.  The following resolution was then read.

 

BE IT RESOLVED BY THE Mayor and the City Council of the City of Friend, Saline County, Nebraska.

 

            WHEREAS; Farmers and Merchants Bank of Milligan, Nebraska has filed an application for the privilege of becoming depository for the moneys and funds of the City of Friend, Nebraska for the fiscal year beginning October 1, 2007, and

 

            WHEREAS; Farmers and Merchants Bank of Milligan, Nebraska has furnished bond for the safekeeping and securing said moneys and funds as required by law in addition to the security given to the City of Friend as a depository by the Federal Deposit Insurance Corporation;

 

            NOW THEREFORE BE IT RESOLVED; by the Mayor and City Council of the City of Friend, Saline County, Nebraska, that the Farmers and Merchants Bank of Milligan, Fillmore County, Nebraska is hereby approved for consideration to be a depository for their moneys and funds and in compliance with the terms and provisions of the Section 17-607 of the revised statutes for the year 1943 and all amendments hereto.

 

Motion to adopt proposed Resolution Number 07-30 was made by Fricke, seconded by Schrock.  On roll call voting aye, Lawver, Drake, Fricke, Schrock.  Nays none.  Resolution Number 07-30 was passed and approved this 6th day of November, 2007.

 

Utilities Superintendent, Patrick Gates, gave his report.   Mr. Gates told the Council that the bid letting was held last Thursday relating to the Friend Lake Restoration Project.  Gates informed the Council that it was the recommendation of City Engineer, Rich Robinson, that the award be made to Castle Construction, Inc. on their proposal of $147,595.80.  After discussion, motion to accept the bid of $145,595.80, including their Bid Alternate No. 1 for the hauling of excess excavation from the site, for the Friend Lake Restoration project, submitted by Castle Construction, Inc. was made by Drake, seconded by Lawver.  On roll call voting aye, Schrock, Fricke, Drake, Lawver.  Nays none.  Motion carried.

 

Discussion was had regarding a proposal submitted by Kirkham Michael to provide professional engineering services relative to the completion of all Street Superintendent Services as required by the Nebraska Board of Classification and Standards.  These services are for preparation of and assistance with the NBCS annual reports of the City’s street budget and expenses, material and inventory, machinery and equipment inventory, and equipment costs. Also included in this proposal for engineering services is the preparation of the One and Six Year Plans.  Motion to accept the Contract for Professional Engineering Services relative to the completion of all Street Superintendent Services as required by the Nebraska Board of Classification and Standards was made by Fricke, seconded by Schrock.  On roll call voting aye, Drake, Lawver, Schrock, Fricke.  Nays none.  Motion carried.

 

Discussion was had regarding a recent property damage claim from Jim Winter that was submitted to the City’s insurance carrier, Miller-Monroe-Farrell Insurance.  Mr. Gates said Miller-Monroe-Farrell has notified us and Mr. Winter that the claim is being denied.  Gates has requested copies of the adjuster’s review and will inform the Council of the reason(s) for this claim denial.

 

Gates requested Council’s opinion on getting a new mower for the Park Department.  Gates informed the Council that the Hospital has been borrowing the Park mower on a weekly basis, as theirs does not run.  Gates proposed that the current Park mower be traded to the Hospital for their mower.  This would be an upgrade for the Hospital and the Hospital’s current mower could then be used as a trade-in on a new(er) mower for the Park Department.  Council asked that Gates solicit bids on a mower and return to them with more information on this proposal.

 

Patrick Gates discussed tearing down and hauling away the brick bathrooms at the park.  Council discussed.  No action taken at this time.

 

Patrick Gates told the Council of a hit-and-run accident resulting in a broken pole on the corner of 4th and Maple Street.  The individual that hit the pole was identified and contacted by the Friend Police Department.  Gates said itemized costs to repair the damage have been submitted to this individual for reimbursement.

 

Discussion was had regarding changing the door locks at the Community Building.  It appears there are several outstanding keys in the community.  The building is being used without reservations and on several occasions has been left without being cleaned properly.  Mr. Gates proposed that the use of a checklist be implemented that would emphasize to anyone utilizing the building that the building be left in a clean and satisfactory condition for the next group or individual that may have the building reserved.  If the checklist is completed and returned to City Hall, and it is determined that all items on the list were not completed, Gates suggested that the group or individual responsible for this not be allowed to use the building in the future.  Council had no objections and requested that Gates proceed.

 

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

 

Friend resident, Randy Berg (not in attendance) brought a request to City Hall for the Council to consider allowing him to keep his trailer home on the property where he currently resides if he purchases the property.  Mr. Berg’s concern is that if the property changes ownership the trailer would need to be removed.  After discussion, Council had no objections to Mr. Berg keeping the trailer at it’s current location, providing no additional trailers are moved onto the property, that the property is not subdivided, and that the property continues to be well kept. 

 

Stanley Krause reported on behalf of the Friend Fire Department.  Krause said the Department will be burning a house on First Street.  There was asbestos in the house that has been removed and upon receipt of the proper permit(s) the house will be burned.

 

Councilman Dan Drake reported on behalf of Warren Memorial HospitalDrake said the Hospital Board and the City Council have met and have discussed the possible formation of a “Hospital District”.  Drake said the process for this to happen is being researched and there is a possibility that this issue will be placed on the ballot for the next election for voters to decide.  The process to form a “Hospital District” includes a petition signed by a percentage of registered voters from the last election, as well as approval at the county level.  Mayor Vossler said he has been in contact with Bill Abts from Ameritas Investments and Mr. Abts said he would be willing to coach/assist the Mayor and Council should they decide to proceed.  With Council’s approval, Mayor Vossler said he will contact Mr. Abts to schedule an informational meeting.  Council agreed.

 

Discussion was had regarding repair of the wall of the Gropp Building located on Maple Street.  Attorney Mullally sent a letter to Attorney Scott Gropp regarding this issue.  Councilman Lawver said he has been in contact with contractors from the surrounding area(s) and has received some recommendations from them.  Lawver is awaiting information from a few more contractors and will provide their recommendations to the Mayor and Council as this information becomes available.

 

Ray Rohrig, Captain of the Friend Ambulance Squad, reported on the status of the ambulance account’s payable responsibilities, as well as the tracking and recording of their account’s receivables, being transferred from Warren Memorial Hospital to City Hall.  Mr. Rohrig requested Council’s approval for this transaction.  After discussion, motion was made by Schrock, seconded by Drake to transfer these financial responsibilities for the Friend Ambulance Service from Warren Memorial Hospital to the Friend City Hall.  On roll call voting aye, Fricke, Schrock, Lawver, Drake.  Nays none.  Motion carried.

 

Further discussion was had regarding the insurance carrier currently being used for the Friend Ambulance Service.  Ray Rohrig requested Council’s approval to terminate their current policy and switch to Inspro Insurance with a $100-comprehensive and a $500-collision deductible.  Motion was made by Lawver to switch from the insurance provider currently being utilized by the Friend Ambulance Service to Inspro Insurance for insurance coverage on the ambulances, ambulance contents, and their equipment and supplies.  On roll call voting aye, Drake, Fricke, Lawver, Schrock.  Nays none.  Motion carried.

 

The Planning Commission met to review changes to the Blight/Substandard Determination Study, Redevelopment Area #1 (dated September 26, 2007) as presented to them by Hanna:Keelan Associates, P.C. Community Planning & Research.  The Planning Commission approved and forwarded this recommendation to the Friend City Council for their review.  After Council’s consideration, motion to accept the recommendation from the Planning Commission to approve amendment to the Blight/Substandard Determination Study, Redevelopment Area #1 as presented was made by Fricke, seconded by Lawver.  On roll call voting aye, Schrock, Lawver, Drake, Fricke.  Nays none.  Motion carried.  (Amendment to the Blight/Substandard Determination Study, prepared for Redevelopment Area #1, Friend, Nebraska is on file at City Hall and is available for viewing during regular business hours.)

 

Jim Ryan attended the meeting to discuss the future sale of City lots located on the 100 block of Maple StreetMr. Ryan suggested, depending on what the area is currently zoned for, that the Council consider possible restrictions on the area to protect the area from the possibility of a purchaser utilizing the area with something that may be undesirable for the downtown area.  No action was taken at this time.

 

At the request of the Mayor and Council earlier in the meeting, Patrick Gates did some checking on the $9,100 fee reflected in a proposed agreement from Kirkham Michael for professional engineering services required for the Friend Lake Restoration.  On the application the fee for these services shows $8,500.  Gates found that in the application for the grant it says 9% of the probable costs is allowable for the construction engineering services.  In consideration of this, the $9,100 is considerably less than 9% of the total probable cost of the project, therefore Mr. Gates asked Council’s acceptance of the Agreement for Professional Engineering Construction Phase Services submitted by Kirkham Michael for the Friend Lake Restoration Project.  Motion was made by Lawver, seconded by Fricke to approve the submitted Agreement for Professional Engineering Construction Phase Services by Kirkham Michael for the Friend Lake Restoration Project for the fee of $9,100.  On roll call voting aye, Lawver, Fricke, Schrock, Drake.  Nays none.  Motion carried.

 

Motion to enter into executive session to discuss a potential legal matter was made by Drake, seconded by Schrock.  On roll call voting aye, Lawver, Fricke, Schrock, Drake.  Nays none.  Motion carried.  Executive session began at 8:50 p.m.

 

Motion to return to regular session was made by Drake, seconded by Schrock.  On roll call voting aye, Lawver, Schrock, Fricke, Drake.  Nays none.  Motion carried.  Regular session reconvened at 9:19 p.m.

 

With no further business to come before the Council, motion to adjourn the meeting was made by Drake, seconded by Schrock.  On roll call voting aye, Lawver, Fricke, Schrock, Drake.  Nays none.  Meeting adjourned at 9:20 p.m.