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03/07/2006 Regular Meeting

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

MARCH 7, 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, Gary Tuttle, Harlan Schrock.  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 February 7, 2006 regular meeting, the February 24, 2006 special meeting, and the February 2006 Treasurer's Report as presented and file same.  On roll call voting aye to approve the Minutes of the February 7, 2006 regular meeting, the February 24, 2006 special meeting, and the February 2006 Treasurer's Report, Tuttle, Fricke, Schrock.  Nays none.  Weber absent.  Motion carried.

Several concerns have been expressed at previous meetings from citizens regarding the financial reports submitted by Warren Memorial Hospital.  Because of this, Mayor Horner took time to attempt to clarify some of these concerns.  Horner said the hospital has actually made $60,000 since October 1, 2005.  However, a loss of $41,000 is reflected as a result of including approximately $100,000 worth of equipment depreciation.  A member of the audience asked the Mayor if he was saying that the hospital was not suffering a loss.  Horner’s response was it shows a loss, but this is because of depreciation from all of the equipment that has been purchased over the last two years.  An audience member stated that depreciation would be a normal thing to take into account, therefore a truer picture of the financial status is the $41,000 loss.  Mayor Horner agreed.  Councilman Tuttle said it is not unusual for a business to have the depreciation get ahead of the cash income, though it is not an ideal situation.  It was asked if it was the Mayor’s opinion that everything was going to be okay financially for the hospital, or is there at least a plan to improve their financial situation.  Councilman Tuttle said he feels the hospital is in better financial shape than it was in 1999, and that now there is so much more to work with because of the new clinic and equipment.  In 1999 it was questionable as to whether the hospital should be expanded or closed because of their financial status.  An audience member asked what kind of equipment makes the depreciation so much higher than it has been in the past?  Jim Nemeier read a list of equipment and furnishings.  Mayor Horner said the hospital board made a decision to keep the hospital open, and that in order to do that things needed to be done.  At that time, the financials looked worse than they do now.  Mayor Horner said it will take time and effort before returns will be seen.

Motion was made by Fricke, seconded by Tuttle to approve the Warren Memorial Hospital Reports for January 2006 as presented.  On roll call voting aye to approve the Warren Memorial Hospital Reports for January 2006 as presented, Schrock, Fricke, Tuttle.  Nays none.  Weber absent.  Motion carried.

A motion was made by Tuttle, 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, Tuttle.  Nays none.  Weber absent.  Motion carried.

The claims approved were as follows:  February Payroll, 14,725.68, Ameritas, 1095.06, 1^st Natl, 4929.22; Saline County Treasurer, taxes 1022.97; 1^st Natl, note 17,000.00; Alltel Comm, se. 965.83; Alternative Business Systems, fe. 49.26; Baker & Taylor, su. 44.94; Blue Valley Comm Action, fe. 2095.00; Central States Labs, su. 8,637.23; LaRaine Cihak, re. 95.24; Culligan, su. 22.05; Drake Refrigeration, su. 190.00; Eakes, su. 24.98; Exeter Lumber, su. 166.16; Farmer's Union Coop, su. 1109.88; Fireguard, se. 969.05; Galaxy, se. 39.95; Gene's Elec, se. 4,549.94; Debbie Gilmer, re. 178.20; Great Plains One-Call, se. 3.03, Hach Co, se. 172.30; Highsmith, su. 64.62; Hometown Leasing, se. 50.83; J&J Mobil, se. 123.85; Johnson Pharmacy, su. 216.07; League of NE Muni, fe. 100.00; Menards, su. 601.74; Midwest Labs, se. 63.35; Michael Mullally, fe. 1485.00; NE Dept of Rev, SWH 830.76; NE Public Power, se. 34,692.49; National Waterworks, su. 1739.47; NE HHS, fe. 40.00; NE Muni Clerks Assoc, fe. 145.00; Norris Public Power, se. 3867.75; Pioneer Publishing, su. 100.65; Principal Mutual Ins, fe. 3742.85; Ross Repair, se. 34.00; Marvin Slepicka, fe. 750.00; State of NE HHS Lab, se. 578.00; Steve’s Repair, se. 294.48; TV Svc, su. 4.99; Texaco, su. 165.30; Garbage Co, se. 138.66; Upstart, su. 81.22; Yokels, su. 207.55; Aquila, se. 736.33; NE Dept of Rev, sales tax, 4298.29; Postmaster, su. 171.00.  Total claims approved $113,410.22.

Mayor Horner requested the Council consider adopting rules and regulations regarding conduct of attendees at meetings.  The following proposal was read by Mayor Horner for Council’s consideration.

Friend City Council Meeting

Rules and Regulations of Conduct of Attendees

(Portions of this document can be referenced in Nebraska State Statute §84-1412)

1.          The public has the right to attend Friend City Council meetings.

2.          Citizens are not required to identify themselves as a condition for admission to a Friend City Council meeting.

3.          The Friend City Council is not required to allow citizens to speak at each meeting.

4.          The Friend City Council has the right to reasonably schedule and limit public participation at its meetings.

5.          Citizens who wish to address the Friend City Council may be required to identify themselves and are limited to four minutes each.

6.          The public participation portion of meetings allows for public comment, not a question and answer session.  Friend City Council members may respond to comments or questions at their option.

7.          Total time allowed for public participation will be limited to 20 minutes per meeting.

8.          Any citizens who are not allowed to speak due to the time limit may submit their comments in writing.

9.          Attendees are required to maintain decorum appropriate to a business meeting.  (i.e., No speaking out of turn, interjection of comments, clapping or foot-stomping.)

10.        Disruptive citizens will be asked to leave the meeting or removed by law enforcement personnel.

11.        At least one copy of all reproducible written material to be discussed at a meeting shall be available at the meeting for examination and copying by members of the public.

Councilman Schrock asked if consideration could be made to extend the time limit for public participation from 20 minutes to 30 minutes per meeting.  Mayor Horner said if there is an individual or individuals needing more time than what is proposed, he would prefer they request to be on the agenda at least 24 hours prior to the meeting.

Motion was made by Tuttle, seconded by Fricke to adopt the Friend City Council Meeting Rules and Regulations of Conduct of Attendees as proposed by Mayor Horner.  On roll call voting aye, Schrock, Fricke, Tuttle.  Nays none.  Weber absent.  Motion carried.

Jean Squires, owner of JDs Beaver Lounge in Beaver Crossing, attended the meeting.  She introduced herself to the Mayor, Council and audience members and said she is currently working with Ralph McGuire to purchase the building formerly known as “The Pub”.  Mrs. Squires plans to offer Friend the same service she offers in Beaver Crossing, which includes $5.00 lunch specials, burgers, fries, as well as menu items in the evening.

Discussion was had regarding the Maple Street fire.  Mayor Horner said that Horn’s have agreed to deed their property to the City.  If the Council chooses to acquire this property, it will be the responsibility of the City to clean it up.  Mayor Horner said there are a few programs available through the City’s membership to the Southeast Nebraska Development District that could assist in the costs of this cleanup.  One program available offers a 40 percent tax credit to individuals that make a contribution of cash, materials, equipment or labor to approved community betterment initiatives.

Mayor Horner asked the Council if they were in agreement to accept the Horn’s offer to deed the former bowling alley property to the City.  Attorney Mullally said that before considering this, they need to keep in mind the information provided to them at the last meeting regarding the judgment lien on the property.  Mullally is still waiting to hear from the attorney handling this judgment lien to see if there is a chance it may be released.  Mullally said the City certainly does not want to take possession of the property unless this lien is released.  Attorney Mullally also said he hasn’t gotten a response back, but has left a message with Horn’s attorney and asked if the Horns would be willing to pay the property taxes, at the very least, as the City will end up spending a considerable amount of money on this project.  Mayor Horner said he would contact Horn’s regarding this and report to the Council at a special scheduled meeting.  Council agreed to meet in special session on Tuesday, March 14^th at 5:00 p.m.

A citizen attending the meeting asked if the judgment lien against the bowling alley property was the same judgment lien that is against the house on Chestnut Street.  Attorney Mullally said it was the same judgment on both pieces of property.  This citizen then asked if the City had considered putting a judgment against the house.  Attorney Mullally said the City could acquire the property and assess it, or the City can take over the clean up efforts and then sue.  If the City sues, then they can put a judgment lien against the house.  This would put the City in a third lien position.  If the house sells, and if there is enough money, the City would then be able to recover any money expended. 

Mr. Mullally explained that the focus of the Mayor and Council has been to acquire the property, as opposed to not acquiring the property and risking the possibility of it deteriorating even further.

Patrick Gates, Utilities Superintendent, gave his report.  Mr. Gates said he had received correspondence from Sargent Drilling requesting approval to put an irrigation well on HRW land south of the golf course.  Mr. Gates looked through past meeting minutes and found that the City Council approved the construction of a private well for this property at their regular meeting on February 3, 2004.  Pat said he was approached about putting together a cost estimate to feed electricity to this site.  He presented to the Council a review of two irrigation wells that the City is currently feeding electricity to.  (Copy of this study is attached.)

Pat said he received results from the chemical analysis that was conducted for the proposed truck wash facility that was discussed at the February 2006 meeting.  He will be contacting the DEQ with these results so they can project what impact this type of a facility would have on our wastewater treatment plant.  Gates said he was told the maximum daily flow for this type of facility would be 2,500 gallons, which is the approximate equivalent of 10 homes.

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Police Chief, Mark McFarland gave the Police Report for the month of February 2006.  Subjects reported on by Chief McFarland included a woman being cited for altering a prescription for narcotics, MIP gathering south of Friend, traffic on Highway 6 and proposed project plans submitted by NDOR for Highway 6.  (Copy of McFarland’s report is attached.)

Building Inspector, Mark Stutzman, gave his report for the month of February 2006.  Mr. Stutzman issued a permit, after first checking with the DEQ, for a hog building.  Roger Brandt submitted a permit application for a steel building on Race Street.   Stutzman said at this time he doesn’t foresee any problems with this application.  A building permit application was submitted by Bill McCullough to add approximately 20 feet to the north side of their horse barn.  Again, Mr. Stutzman said he could find no problems with approving this application.

Mark Stutzman said Stan Houlden contacted him and asked if he would discuss with the Council the process that is currently in place for short form subdivisions in Friend.  He said to sell five feet from a lot requires a “short form subdivision”, which can cost from $800 to $1000.  After lengthy discussion, Councilman Tuttle asked if Attorney Mullally would draft an ordinance repealing the section of the Friend City Code that addresses short form subdivisions.  Mullally said he would have an ordinance ready for Council’s consideration at the special meeting to be held March 14^th at 5:00 p.m.

Fire Chief, Brent Milton, attended the meeting.  He said the bid process for a new tanker truck would begin March 8^th and will be accepted until 5:05 p.m. on March 31^st. 

Mayor Horner began discussion regarding the possibility of forming a paving district for 5^th Street, from Race Street to Edward Street.  Councilman Tuttle questioned if it was necessary to actually form a district if all property owners agree.  It was decided that more information is needed before action can be taken on this issue.  Mayor Horner said this will be discussed further at the special meeting to be held March 14^th.

Robert A. Milton attended the meeting on behalf of Todd and Gina Johnson, as well as himself, to request the closing of a street and certain alleys.  Mr. Milton requested that the Council consider closing the alley behind his house (from 6^th Street to the golf course) in Block 6 of L.E. Southwick’s Second Addition.  Also, Todd and Gina Johnson have an alley in their block, which is Block 5 of L.E. Southwick’s Second Addition from 6^th Street to the golf course, that they would like closed.  They would also like to have Summer Street, from in front of Johnson’s house, approximately half a block south, closed to the golf course.  Attorney Mullally will draft an ordinance addressing this, as well as easements, to be considered by the Council at the special meeting on March 14^th.

Dave Stutzman attended the meeting to discuss issues at the ballfield.  Dave said home plate is sinking and the ground around it is in poor condition.  Dave also said there is a need for a backstop to use for softball.  Dave said with the Council’s approval, he would get estimates on the cost to have a portable backstop built for this.  Mayor Horner agreed and told Dave to get back to them with estimates.

Mark Stutzman, an employee of Rogers Technical Service, asked if the Council would consider allowing the employees of RTS to use the Community Building in the event of severe weather.  No objections were stated, and no action was taken at this time.

Dr. Huff attended the meeting.  He asked if any contact had been made with the owner of the old bank building on the corner of 1^st and Maple Street.  Attorney Mullally spoke with this gentleman and said he would consider selling the building for $12,500.  Mayor Horner said we haven’t done any negotiating yet, but there are other avenues that we may be able to consider to acquire this property.  Attorney Mullally said if the City wants to pursue acquiring this property there would have to be negotiating done in good faith.  Once negotiating is exhausted, the City could file a condemnation petition.  This would then go to County Court, where a three person board would be appointed to appraise the property.  One of the members of this three person board would be a licensed and certified real estate appraiser.  This board would then set the price.  At that point, if the City wants the property, they simply pay the money to the Court and acquire title to the property.  Attorney Mullally said a big issue with this process is that the owners are usually not satisfied with the price, and are entitled to appeal the awards.  No action taken was on this issue.

With no further business to come before the Council, motion to adjourn the meeting was made by Tuttle, seconded by Schrock.  On roll call voting aye, Fricke, Tuttle, Schrock.  Nays none.  Weber absent.  Meeting adjourned at 8:30 p.m.