11/27/2019 Special Meeting
FRIEND CITY COUNCIL
MINUTES-SPECIAL MEETING
NOVEMBER 27, 2019, 5:00 p.m.
Mayor Knoke called the special meeting of the City Council to order 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.
Mayor Judith Knoke presided, and Acting City Clerk Kim Goossen recorded the proceedings. The following Councilmembers were present: Harlan Schrock, Stan Krause, Shane Stutzman, and Phyllis Ryan. 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 Knoke 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 Knoke announced that public comments would be received at this time. Kristen Milton discussed the construction management at risk contract option to allow Andy to work with city engineer for any needs moving forward in the pool design and construction process. No other comments were offered.
Proposed Ordinance #19-762 was read by Mayor Knoke. Councilman Schrock moved that the statutory rule requiring reading on three different days be suspended. Councilman Ryan seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting aye, Krause, Stutzman, Ryan, Schrock. Members voting nay, none. The motion to suspend the rules was adopted by at least three-fourths of the Council and the statutory rule was declared suspended for consideration of the ordinance.
ORDINANCE NO. 19-762
AN ORDINANCE, PURSUANT TO THE NEBRASKA LOCAL OPTION REVENUE ACT, TO IMPOSE AN INCREASE OF THE LOCAL SALES AND USE TAX RATE BY AN ADDITIONAL ONE-HALF OF ONE PERCENT FROM ONE PERCENT (1.0%) TO ONE AND ONE-HALF PERCENT (1.50%), EFFECTIVE AS PROVIDED BY LAW, UPON THE SAME TRANSACTIONS THAT ARE SOURCED UNDER THE PROVISIONS OF NEB. REV. STAT. § 77-2703.01 TO 77-2703.04 WITHIN THE CORPORATE LIMITS OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA, ON WHICH THE STATE OF NEBRASKA IS AUTHORIZED TO IMPOSE A TAX PURSUANT TO THE NEBRASKA REVENUE ACT OF 1967, AS AMENDED; TO REPEAL CONFLICTING ORDINANCES; AND TO PROVIDE FOR AN EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA AS FOLLOWS:
Section 1: Pursuant to action of the City Council, the City submitted to the voters a proposal to increase the City sales and use tax from one percent (1.0%) to one and one-half percent (1.50%) at a special election held within the City on November 12, 2019, at which special election said proposal was approved by a majority of the votes cast at the election, following fulfillment of all requirements to submit the question to all qualified voters as provided by law, and there is now hereby adopted pursuant to the provisions of the Nebraska Revenue Act, Neb Rev. Stat. §§ 77-27,142 et seq., as amended, an increase of the local sales and use tax rate by an additional one-half of one percent from one percent (1.0%) to one and one-half percent (1.50%), upon the same transactions that are sourced under the provisions of Neb. Rev. Stat. § 77-2703.01 to 77-2703.04 within the corporate limits of the City of Friend, Saline County, Nebraska, on which the State of Nebraska is authorized to impose a tax pursuant to the Nebraska Revenue Act of 1967, as amended.
Section 2: Revenues from the increased sales and use tax shall be used for such public purposes as are allowed pursuant to the Local Option Revenue Act, including, but not limited to, the general purposes of the City and paying the costs of a new swimming pool in and for the City and funding debt service on bonds issued to pay the cost of said swimming pool.
Section 3: The increase in the sales and use tax shall be effective as of April 1, 2020 and shall continue in force until further action of the City Council or until otherwise amended in accordance with the terms of applicable law.
Section 4: The Mayor and/or the City Clerk are hereby authorized and directed to give notice to the Nebraska Department of Revenue of passage of the increased sales and use tax and this ordinance as provided by law.
Section 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law.
Councilman Krause moved for final passage of Ordinance Number 19-762 which motion was seconded by Councilman Schrock. On roll call voting aye, Ryan, Stutzman, Schrock, Krause. Voting nay, none. The passage and adoption of said ordinance, having been concurred and by a majority of all Members of the City Council, Ordinance Number 19-762 was adopted this 27th day of November 2019.
Proposed Resolution No. 19-16 was read by Mayor Knoke.
RESOLUTION NO. 19-16
WHEREAS, the citizens of the City of Friend have approved construction of a new municipal pool;
WHEREAS the City has authority to enter into a construction management at risk contract delivery system pursuant to Neb. Rev. Stat. § 13-2904.
WHEREAS a Construction Management At Risk Contract is a contract by which a construction manager (a) assumes the legal responsibility to deliver a construction project within a contracted price to the political subdivision, (b) acts as a construction consultant to the political subdivision during the design development phase of the project when the political subdivision's architect or engineer designs the project, and (c) is the builder during the construction phase of the project pursuant to Neb. Rev. Stat. § 13-2903(3).
AND, WHEREAS, the City of Friend, Nebraska believes it is in the best interest of the City to seek interest from construction managers to enter into a Construction Management At Risk contract for construction of the municipal pool
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Friend, Nebraska that the City will review and issue a request for proposals for a construction manager at risk contract at its regular December council meeting.
Discussion was held about burning in town and putting notice in paper as well as the website to enforce this issue.
Stan Krause also brought for discussion residents clearing snow back into the street after the public works department has already cleared streets.
There was also discussion about providing HSA to city employees. This will be addressed at the next meeting.
Discussion was had about document management capabilities with further information being presented at the December meeting.
No further business to come before the City Council, motion was made by Krause, seconded by Stutzman, to adjourn the meeting. On roll call voting aye, Schrock, Ryan, Stutzman, and Krause. Nays none. Motion carried. Meeting adjourned at 5:33 p.m.