01/03/2006 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
JANUARY 3, 2006
Mayor Horner called the regular meeting of the City Council to order at 7:00 p.m. at the City Hall. Advance notice of the meeting was given by publication in The Sentinel, the appointed method for giving advance notice. All proceedings shown were taken while the meeting was open to the attendance of the public.
The Mayor, Roger Horner, presided and City Clerk, Debbie Gilmer recorded the proceedings. The following Councilmembers were present: Dan Fricke, Harlan Schrock, Gary Tuttle. Dustin Weber was absent. A quorum being present and the meeting duly convened, the following proceedings were had and done.
Motioned by Schrock, seconded by Tuttle to approve the Minutes of the December 6, 2005 regular meeting, and the December 2005 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the December 6, 2005 regular meeting, and the December 2005 Treasurer's Report, Tuttle, Schrock, Fricke. Nays none. Weber absent. Motion carried.
A motion was made by Fricke, 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, Schrock, Tuttle, Fricke. Nays none. Weber absent. Motion carried.
The claims approved were as follows: December Payroll, 16,284.86; Ameritas, 1125.62; 1st Natl Bank, 3061.09; Load Management Rebates, 5245.21; Alltel Cellular, se. 348.57; Alternative Business Systems, su. 73.05; BVH, su. 327.24; Baker & Taylor, su. 16.13; Brothers Equip, su. 55.98; Central NE Bobcat, fe. 910.11; Central States Labs, su. 16,373.58; Culligan, su. 41.00; Eakes, su. 38.55; Farmer's Union Coop, su. 2408.46; Fireguard, su. 16,598.92; Friend Ambulance, prop tax, 1283.00; Friend Country Club, se. 1026.78; Friend Public School, fe. 1135.00; Friend Volunteer Fire Dept, re. 1544.75; GMAC, fe. 7109.19; Galaxy, se. 39.95; Gene's Elec, se. 3666.63; Great Plains One-Call, se. 1.00; Hometown Leasing, se. 50.83; J&J Mobil, se. 343.29; Jack Keef Motors, su. 476.33; Johnson Pharmacy, su. 4.55; Miller-Monroe, se. 1670.00; Matt Friend Truck Equip, se. 235.00; Matthew Bender & Co, su. 43.45; Chris Michl, se. 336.00; Michael Mullally, fe. 1604.75; NE Dept of Rev, SWH, 818.00; NE Muni Power Pool, se. 2280.00; National Waterworks, su. 383.40; NE Public Power, se. 39,082.10; Norris Power, se. 3969.26; OMB Police Supply, su. 10.95; Office Cash, re. 98.75; Pioneer Publ, se. 92.21; Postmaster, su. 326.00; Principal Mutual, fe. 3541.17; Sargent Drilling, se. 159.75; Marvin Slepicka, fe. 750.00; Steve's Repair, se. 972.85; The Garbage Co, se. 184.88; The J.P. Cooke Co., su. 43.47; Upstart, su. 19.95;Velocitee, su. 54.00; Wells Fargo, fe. 10,273.75; Yokels Hardware, su. 42.53; Alltel, se. 543.16; Aquila, se. 855.20; NE Dept of Rev, Sales Tax, 3940.10. Total claims approved $151,920.35.
Mayor Horner introduced the following resolution. Resolution was read by City Clerk, Debbie Gilmer.
RESOLUTION #06-01
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA, APPROVING THE APPLICATION OF THE FRIEND LEGION POST #183, FOR A SPECIAL DESIGNATED PERMIT UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL LIQUOR, BEER AND WINE AT THE LEGION’S ROAST PORK DINNER TO BE HELD ON JANUARY 25, 2006 TO JANUARY 26, 2006 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED PERMIT TO BE LIMITED TO THE INSIDE AREA OF THE LEGION HALL LOCATED AT 136 MAPLE STREET FOR THE LEGION’S ROAST PORK DINNER TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. ON WEDNESDAY, JANUARY 25, 2006 AND 1:00 A.M. ON THURSDAY, JANUARY 26, 2006, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
This resolution was offered by Councilman Fricke, seconded by Councilman Tuttle. Upon roll call, voting aye, Schrock, Fricke, Tuttle. Nays none. Weber absent. Said resolution was passed and approved and the Clerk was directed to enter the same at large upon the minutes and to certify a copy to accompany the application for the special designated permit to the Nebraska Liquor Control Commission.
Terry Galloway, CPA, from Shonsey & Associates attended the meeting to review the findings of the audit he conducted for the City of Friend. Mr. Galloway pointed out to the Mayor and Council that this report was not final, but a draft, as he has not received the financial statements from the Hospital necessary to complete this report. He expects to receive this information later in the month. (A draft copy of the financial statements and supplementary information compiled by Shonsey & Associates is available to view at City Hall during regular business hours.)
Discussion was had regarding the status of the clean-up of the Maple Street fire. Attorney Mullally said there are a couple of options available to the City if the Council and Mayor are considering cleaning up the property at the cost of the City. Mr. Mullally said there is a statute in Nebraska that would allow the City to foreclose an assessment after it is filed with no waiting period or time restriction. The City would go to court and foreclose (such as a mortgage holder would do) and ultimately end up with the property. The property would be sold at a sheriff’s sale and the City would bid whatever the assessment was against the property. Another option Mr. Mullally discussed was to sue the property owner civilly and then take a judgment against them and hope to collect it.
Mayor Horner said a bid was submitted by Leichty Excavating, Inc. for $24,000 to clear the front and rear wall and debris from the floor of the fire damaged Friendly Lanes and the Animal Clinic and transport the debris to the Milford landfill.
Discussion was had regarding the status of the insurance paying for the cleanup. It was asked whether or not the City would be able to sue the insurance company if they were to invest in this cleanup. Terry Galloway from Shonsey and Associates addressed this question by responding that he thought the City would need to bill the property owner. If the property owner wasn’t able to pay, then the property would be assessed. This brought up the question of what exactly would be assessed. The money invested for cleanup would be for a building that is no longer there, which is above a basement that possibly belongs to another property owner. Ownership of the basement of Friendly Lanes is unclear at this time. Mr. Mullally will order a title search on this before any action is taken.
Patrick Gates, Utilities Superintendent, gave his report. Mr. Gates said that Leroy Gerard from Kirkham Michael is preparing the One and Six Year Plan Reports for consideration at the February 7, 2006 meeting.
Mr. Gates said the lift station is being installed for the Palky Subdivision. Also said that Mr. Palky’s attorney contacted Attorney Mullally and said that Stephens and Smith are willing to remove the cracked concrete panels and replace them.
Mr. Gates said Ryan Yoder used the new street sweeper last week and it seems to be working well.
Police Chief, Mark McFarland gave the Police Report for the month of December.
Fire Chief, Brent Milton and Assistant Chief Stan Krause told the Mayor and Council of a “NIMS” (National Incident Management System) class being held on February 15, 2006 from 7:00 p.m. until 9:30 p.m. Chief Milton and Assistant Chief Krause said the Council, Public Works, Hospital Administrator, and anyone who would respond to a disaster should plan to attend.
Chief Milton also said he and the Fire Department are looking at specs for a tank truck for the department.
Mayor Horner had been requested by the council to reconsider his recommended appointments to various boards for vacant positions created by expired terms in 2005. Mayor Horner’s appointments for the ensuing year are as follows:
Health Board-President of the City Council, Harlan Schrock
Health Board-City Physician, Dr. Robert McKeeman
Health Board-Genie Briese
Health Board-Secretary & Quarantine Officer, Mark McFarland
Housing Authority-Dolores Becwar
Planning Commission-Stan Houlden
Planning Commission-Dave Stutzman
Community Betterment Chairperson-Bill Bode
Community Betterment Chairperson-Les Weber
Board of Adjustments-Jim Ryan
Board of Adjustments-Brian Himmenberg
Cemetery Board-Virgil Nelsen
Cemetery Board-Keith Clouse
Library Board-Patricia Ricenbaw
Hospital & Nursing Home Board-Leonard Torson
Hospital & Nursing Home Board-Gary Tuttle
Motion was made by Tuttle, seconded by Schrock that the Mayor’s committee appointments for 2006 be approved and confirmed. On roll call voting aye, Fricke, Schrock, Tuttle. Nays none. Weber absent. Motion carried.
Marvin Kohout attended the meeting to review a report he submitted to the Council regarding the Saline County Jail Expansion 2005-2006. (Copy of this report can be viewed at City Hall during regular business hours.) Mr. Kohout said the Wilber Chamber of Commerce approached the Commissioners and wanted to know the status of the jail or if there were any plans for expansion in the near future. Mr. Kohout asked that the Council talk to members of the community regarding a possible jail expansion, and forward any feedback to him.
With no further business to come before the Council, motion to adjourn the meeting was made by Weber, seconded by Fricke. On roll call voting aye, Fricke, Schrock, Weber, Tuttle. Nays none. Meeting adjourned at 8:55 p.m.