City of Friend Logo

07/03/2006 Regular Meeting

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

JULY 3, 2006

Mayor Horner 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, Roger Horner, presided and City Clerk, Debbie Gilmer, recorded the proceedings.  The following Councilmembers were present:  Dan Fricke, Harlan Schrock and Dustin Weber.  Gary Tuttle was absent.  A quorum being present and the meeting duly convened, the following proceedings were had and done.

Motioned by Schrock, seconded by Fricke to approve the Minutes of the June 6, 2006 regular meeting, and the June 2006 Treasurer's Report as presented and file same.  On roll call voting aye to approve the Minutes of the June 6, 2006 regular meeting, and the June 2006 Treasurer's Report, Weber, Fricke, Schrock.  Nays none.  Tuttle absent.  Motion carried.

Motion was made by Fricke, seconded by Weber, to approve the May 2006 Warren Memorial Hospital Financial Reports (including the May 2006 Friend Ambulance Financial Reports) as presented and file same.  On roll call voting aye to approve the May 2006 Warren Memorial Hospital Financial Reports (including the May 2006 Friend Ambulance Financial Reports) as presented and file same, Schrock, Fricke Weber.  Nays none.  Tuttle absent.  Motion carried.

Debbie Gilmer brought to the Council’s attention an error in the Minutes from the May 2, 2006 meeting.  The date for the July meeting should have been July 3, 2006, rather than July 5, 2006.  This correction was made and Council approved Mayor Horner signing the corrected copy of these minutes for permanent record.

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

The claims approved were as follows:  June Payroll, 22,604.54; Ameritas, 1,105.08; 1^st Natl, 7,178.86; Acco, su. 229.00; Alltel Cellular, 363.45; Alltel Comm, se. 778.68; Alternative Business Systems, se. 88.05; Aquila, se. 151.97; Baker & Taylor, su. 64.61; Barco, su. 351.62; Bonsall Pool & Spa, su. 269.50; Brothers Equip, su. 110.19; Central States Lab., su. 16,793.43; LaRaine Cihak, re. 64.42; Culligan, se. 63.05; Crete Lumber, su. 71.46; D&D Comm., su. 47.20; Demco, su. 31.18; Eakes, su. 29.96; Farmer’s Coop, su. 1752.34; First Natl, fe. 30.00; Friend Ambulance, 1932.51; Friend Insurance, fe. 200.00; Friend Fire Dept., 800.00; Friesen Chevrolet, 500.00; Galaxy Cable, se. 39.95; Patrick Gates, re. 1082.59; Gene’s Electric, se. 14,578.46; Hometown Leasing, se. 50.83; Johnson Pharmacy, su. 91.44; Junior Library Guild, su. 28.60; Koreworks, se. 5487.90; Candis Kurpgeweit, se. 100.00; London Fog, su. 182.17; Menards, su. 560.66; Chris Michl, se. 312.00; Midwest Labs, se. 63.45; Milford Plumbing, su. 12.01; Michael Mullally, fe. 1287.00; NE Dept of Rev, 1072.47; NE Dept of Rev, Sales & Use Tax, 3797.31; NE Public Power, 55,670.91; Norris Public Power, se. 3867.75; Office Cash, re. 113.04; Pioneer Publishing, fe. 194.07; Pioneer Uniforms, su. 462.95; Postmaster, su. 93.00; Power Svc Inc, su. 36.95; Principal Mutual, fe. 3742.85; Saline County Clerk, fe. 10.00; Marvin Slepicka, fe. 750.00; Software Plus, su. 161.28; SENDD, fe. 1050.00; State of NE HHS, se. 27.00; Superior Spa, se. 319.90; Texaco, se. 244.97; The Depository Trust, sewer bonds, 191,986.75; The Garbage Co., se. 145.59; Wells Fargo, street bonds, 40,258.75; Yokels, su. 105.04. Total Claims Approved $383,598.74. 

May Horner read Ordinance Number 06-690 by title:

                                                        ORDINANCE NO. 06-690

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:

Lot 3, B.G. Page’s First Addition, Friend, Saline County, Nebraska.

in the amount of $14,500, to Stan Houlden, 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 July 5, 2006 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.

Councilmember Weber made a motion that the statutory rule requiring the reading of ordinances by title on three different days be dispensed with, which motion was seconded by Councilmember Fricke.  On roll call voting aye, Fricke, Schrock, Weber.  Nays none.  Tuttle absent.  Motion carried.

Councilmember Fricke motioned that Ordinance No. 06-690 be passed and adopted, and to authorize Mayor Horner to sign the deed on behalf of the City.  Councilmember Schrock seconded the motion.  On roll call voting aye, Weber, Schrock, Fricke.  Nays none.  Tuttle absent.  Motion carried.

Discussion was had regarding the status of the cleanup from the Maple Street fire.  Mayor Horner said there has been no activity for a few days, as the contractor has been working on another project.  Work will resume after July 4^th.  Mayor Horner said concerns were expressed about the common wall between the building formerly owned by Pete Holcomb and the building to the south that is owned by the Gropps.  Attorney Mullally did some checking and has been unable to find any paperwork addressing this particular common wall.  He said the Saline County Courthouse may have documentation pertaining to this, and if there is an agreement similar to the agreements for other common walls on Maple Street, the property owners would be responsible for sharing the cost to patch and seal the wall, once the north building is taken down.  Concern was also expressed about damage that may occur to the common wall as a result of the demolition of the building to the north.  Mullally said he informed Attorney Scott Gropp that we will be working closely with the contractor to ensure every possible precaution is taken to avoid any damage to this wall during demolition.  Mullally also said he suggested to Mr. Gropp that if there are concerns about this the contractor needs to be made aware of them.

Attorney Mullally said he talked to Attorney Gropp regarding closing on the property that the City will be purchasing from the Gropps.  The date of this closing has not yet been determined as it will not occur until the cleanup and back-fill of the property is completed.

A citizen attending the meeting asked how the actual costs of the cleanup of the Maple Street fire are compared to the estimates.  Mayor Horner said actual costs are lower to date, however he had no figures at this time.

This citizen also asked about the possibility of placing a lien on John Horn’s house.  Attorney Mullally said it was his recollection that when he checked into this sometime ago, this option was not feasible as John Horn was not the owner of the house at the time of the fire.

Mayor Horner gave his recommended appointments for the Community Redevelopment Authority/Community Development Agency (CRA/CDA) to the Council for their approval.  This group will be responsible for providing supportive information and services necessary to complete the Blight/Substandard Determination Study and Redevelopment Plan to be conducted by Hanna:Keelan.  Mayor Horner’s recommended appointments are Dave Clouse, Jim Ryan, Brian Himmelberg, Stan Houlden and Jim Moore.  Dan Fricke made a motion to accept Mayor Horner’s appointments to the Community Redevelopment Authority/Community Development Agency.  This motion was seconded by Dustin Weber.  On roll call voting aye, Fricke, Schrock, Weber.  Nays none.  Tuttle absent.  Motion carried.

Patrick Gates, Utilities Superintendent, gave his report.  Mr. Gates reported that the backup generation on the lift station at Palky’s Addition does not function and he suspects that the control board may be too sensitive.  He has attempted to contact someone to repair or replace this but has been unsuccessful.  Gates will continue to work on getting this operational.  Mayor Horner said he would contact John Palky regarding this issue.

Pat Gates said Gary Tuttle contacted him regarding cleaning the water tower.  Gates said he plans to get prices on cleaning the inside and outside of the tower, as well as getting a repaint.  He asked the Council if they would be opposed to painting the tower a color, rather than white.  No objection or action was taken at this time.

JEO has been in contact with Pat Gates regarding the Cordova water project.  They are working on a preliminary agreement with the City.  This project is currently in the design phase. 

Pat Gates said they have started fogging for mosquitoes. 

Police Chief, Mark McFarland gave the Police Report for the month of June 2006.   (Copy of this report is attached.) 

Mayor Horner took this opportunity to commend and thank everyone involved with the demolition and cleanup efforts put forth relating to the Maple Street fire.  Horner said all efforts have been and will continue to be greatly appreciated.

Building Inspector, Mark Stutzman, gave his report for the month of June 2006.  Mr. Stutzman told the Council that two survey records had been submitted to him for approval of short-form subdivisions.  The first subdivision request from Dave Stutzman was for property located on 2^nd Street between Cherry and Spring Street.  The second subdivision request from Stan Houlden was for property located at 2^nd and Race Street.  The Planning Commission met to review both of these requests and recommended that both be approved by the City Council.  Motion was made by Councilman Weber, seconded by Councilman Fricke to approve the requests for these short-form subdivisions as applied for by Dave Stutzman and Stan Houlden for the above described properties.  On roll call voting aye, Weber, Fricke, Schrock.  Nays none.  Tuttle absent.  Motion carried. 

Mayor Horner informed the Council that he received resignation from Patricia Ricenbaw for her position on the Gilbert Library Board.  Mayor Horner’s recommended appointment to serve the remainder of Patricia Ricenbaw’s term was Marge Johansen.  Council discussed and motion was made by Weber, seconded by Schrock to accept the resignation as submitted by Patricia Ricenbaw from the Gilbert Library Board and to accept and approve Mayor Horner’s appointment of Marge Johansen to the Gilbert Library Board.  On roll call voting aye, Schrock, Weber, Fricke.  Nays none.  Tuttle absent.  Motion carried.

Mayor Horner informed all in attendance of the Open Meetings Act changes that were enacted by LB898 during the 2006 Legislative Session.  One of the changes requires that a copy of the Open Meetings Act be prominently posted in the room where any public meeting is held.  It was pointed out that a copy of this has been posted on the south door of the City Hall meeting room. 

Discussion was had regarding the City’s membership renewal to SENDD (Southeast Nebraska Development District.)  The dues request for second class cities for fiscal year 2006-2007 is $1,050.  Fricke made a motion to renew the City’s membership to SENDD for fiscal year 2006-2007, which motion was seconded by Weber.  On roll call voting aye, Fricke, Schrock, Weber.  Nays none.  Tuttle absent.  Motion carried.

Mayor Horner discussed with the Council problems that were brought to his attention regarding the City pond.  The pond is silted in and is badly overgrown with cat tails.  Keith Clouse provided information to the Council and Mayor for their consideration as possible solutions to this problem.  Discussion was had but no action was taken at this time.  Mayor Horner said he will contact Mr. Clouse to discuss this further.

With no further business to come before the Council, motion to adjourn the meeting was made by Weber, seconded by Schrock.  On roll call voting aye, Weber, Fricke, Schrock, Nays none.  Tuttle absent.  Meeting adjourned at 8:00 p.m.