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07/07/2015 Regular Meeting

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

JULY 7, 2015, 7:00 p.m.

 

Mayor Vossler called the regular 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 James Vossler presided and City Clerk Debbie Gilmer recorded the proceedings.  The following Councilmembers were present:  Shane Stutzman, Harlan Schrock, Stan Krause.  Phyllis Ryan was unable to attend.  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 announced that public comments would be accepted at this time.  Dave Nickel attended the meeting to report that he has been in contact with representative(s) from Casey’s General Store.  Mr. Nickel reported that Casey’s is still interested in the possibility of doing business in Friend and that they would like to propose that the Council consider closing the alley to through-traffic going south off of the highway, between Chestnut and Maple Street.  After discussion, the Mayor and Council agreed to meet with representative(s) from Casey’s to find out more of what their proposal includes and to discuss what steps may be necessary to pursue the possibility of Casey’s coming to town.

 

Motioned by Schrock, seconded by Krause, to approve the Minutes of the June 9, 2015 regular meeting, and the June 2015 Treasurer's Report as presented and file same.  On roll call voting aye to approve the June 9, 2015 regular meeting minutes, and the June 2015 Treasurer's Report, Stutzman, Krause, Schrock.  Nays none.  Ryan absent.  Motion carried.

 

Motion was made by Krause, seconded by Stutzman, to approve the WMH financial statements submitted for the month of May 2015.  On roll call voting aye, Schrock, Stutzman, Krause.  Nays none.  Ryan absent.  Motion carried.

 

A motion was made by Krause, seconded by Schrock, that claims and payroll 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, Stutzman, Schrock, Krause.  Nays none.  Ryan absent.  Motion carried.

 

The claims approved were as follows:  June Payroll, 23,055.17; Ameritas, 2874.25; EFTPS, 7676.12; NCSPC, 731.14; Acco, su 643.50; BVH, su 45.00; Baker & Taylor, su 334.90; Beaver Hardware, su 19.95; Black Hills Energy, fe 256.03; Blue Blossom, su 55.00; Central States, su 23,583.73; Keith Clouse, fe 250.00; CRA, fe 11,642.48; Crete Lumber, su 33.32; Culligan, su 67.00; Lee DeBevoise, se 325.00; Diode, se 50.45; Discover, su 3848.14; Drakes, se 1073.00; Driver’s License Guide, su 43.90; Energy Pioneer, re 1375.47; Farmers Coop, se & su 1749.75; Gale, su 89.21; Gene’s Electric, se 13,412.79; Paul & Gail Gropp, fe 150.00; Holiday Inn, fe 332.00; Johnsons, su 85.08; Johnson Svc, se 2066.10; Jr. Library Guild, su 60.48; Jackie Larsen, re 67.45; LONM, fe 590.00; Lincoln Winwater Works, su 1070.47; Menards, su 3512.96; Chris Michl, se 411.60; NDEQ, fe 150.00; NE Dept of Rev, SWH 912.39, ST 6979.85; NE Public Health, se 30.00; NE Public Power, se 78,853.80; NE Crime Comm, se 16.00; NE Power Review Board, fe 153.61; Nicks Farm Store, su 101.25; Norris Public Power, se 5201.74; One Call, se 23.25; Kelly Paulsen, re 228.38; Platte Valley Comm, se 63.50; Principal Mutual, fe 95.29; Railroad Mgmt, fe 160.78; Sargent Drilling, se 299.00; Seward Independent, fe 353.40; Shell Fleet Plus, su 223.33; Marvin Slepicka, fe 1000.00; Phyllis Svehla, se 168.00; The Depository Trust, 7495.75; TV Svc, se 89.99; Tim Gill Ins, re 16.24; Verizon Wireless, se 485.08; Waste Connections, se 576.04; Windstream, se 1050.48; Young’s, se 9.14.  Total Claims Approved $206,317.73.

 

Motion was made by Stutzman, seconded by Schrock to open public hearing to obtain comments prior to the consideration of a resolution approving a redevelopment plan for certain areas along the Highway 6 corridor that have been determined to be blighted and substandard and in need of redevelopment, and to consider projects proposed for that area.  On call voting aye, Krause, Schrock, Stutzman.  Nays none.  Ryan absent.  Motion carried.  Public hearing opened at 7:15 p.m.

 

Representing the Community Redevelopment Authority, Attorney Michael Bacon was in attendance to introduce to the Mayor and Council proposed resolution #15-07 approving a redevelopment plan for certain areas along the Highway 6 corridor and to discuss certain proposed redevelopment projects.  After discussion, motion was made by Krause, seconded by Stutzman, to close the public hearing to obtain comments prior to the consideration of a resolution approving a redevelopment plan for certain areas along the Highway 6 corridor that have been determined to be blighted and substandard and in need of redevelopment, and to consider projects proposed for that area.  On roll call voting aye, Schrock, Stutzman, Krause.  Nays none.  Ryan absent.  Motion carried and public hearing closed at 7:25 p.m.

 

RESOLUTION NO. 15-07

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA:

Recitals:

  1. The City of Friend, Nebraska, a municipal corporation and city of the second class (the “City”), has determined it to be desirable to undertake and carry out urban redevelopment projects in certain areas of the City that are determined to be blighted and substandard and in need of redevelopment;
  2. The Community Development Law, Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended (the “Act”), prescribes the requirements and procedures for the planning and implementation of redevelopment projects;
  3. The City has previously declared an area which includes an area legally described in Exhibit A (the “Redevelopment Area”) to be blighted and substandard and in need of redevelopment pursuant to the Act;
  4. The Community Redevelopment Authority of the City of Friend, Nebraska (the “Authority”) has prepared a Redevelopment Plan ( the “Redevelopment Plan”), in the form attached as Exhibit A, for the redevelopment of the Redevelopment Area;
  5. The Authority and the Planning Commission of the City (the “Planning Commission”) have both reviewed the Redevelopment Plan and recommended its approval by the Mayor and Council of the City;
  6. The City published and mailed notices of a public hearing regarding the consideration of the approval of the Redevelopment Plan pursuant to Section 18-2115 of the Act, and has on the date of this Resolution held a public hearing on the proposal to approve the Redevelopment Plan; and
  7. The City has reviewed the Redevelopment Plan and determined that the proposed land uses and building requirements described in it are designed with the general purpose of accomplishing a coordinated, adjusted, and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency in economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provisions for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight.

 

Resolved that:

  1. The Redevelopment Plan is determined to be feasible and in conformity with the general plan for the development of the City as a whole, and the Redevelopment Plan is in conformity with the legislative declarations and determinations set forth in the Act. It is found and determined that (a) the redevelopment project described in the Redevelopment Plan would not be economically feasible within the Project Area without the use of financing described in the Redevelopment Plan, and (b) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the City, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project.  The City acknowledges receipt of the recommendations of the Authority and the Planning Commission with respect to the Redevelopment Plan.
  2. The Redevelopment Plan is approved in substantially the form attached as Exhibit A and the City agrees to collect the occupation sales tax to pay for the amortization of bonds of the Authority which have been issued stating such occupation tax as an available source for the payment of such bonds.
  3. The Mayor and Clerk are authorized and directed to execute such documents and take such further actions as are necessary to carry out the purposes and intent of this Resolution and the Redevelopment Plan.
  4. This Resolution shall become effective immediately upon its adoption.

 

Motion to approve Resolution No. 15-07 was made by Stutzman, seconded by Krause.  On roll call voting aye, Schrock, Krause, Stutzman.  Nays none.  Ryan absent.  Motion carried.  Resolution No. 15-07 was approved this 7th day of July, 2015.

           

Councilman Schrock moved that the statutory rule requiring reading on three different days be suspended for consideration of proposed ordinance number 15-742.  Councilman Krause seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows:  Members voting aye, Stutzman, Krause, Schrock.  Members voting nay, none.  Absent, Ryan.  The motion to suspend the rules was adopted by three fourths of the Council and the statutory rule was declared suspended for consideration of proposed Ordinance No. 15-742.

 

Proposed Ordinance No. 15-742 was read by title, by Mayor Vossler.

 

ORDINANCE NO. 15-742

AN ORDINANCE PROVIDING FOR AGREEMENT TO THE LEVY OF A RETAIL BUSINESS OCCUPATION TAX; THE LEVY OF A RETAIL BUSINESS OCCUPATION TAX; ESTABLISHING DEFINITIONS; PROVIDING FOR THE ADMINISTRATION, COLLECTIONS, RETURNS, DELINQUINCIES AND RECOVERY OF UNPAID AMOUNTS RELATED TO SUCH OCCUPATION TAX; SPECIFYING HOW SUCH TAX REVENUE WILL BE USED; PROVIDING A SUNSET PROVISION FOR THE TAX; AND RELATED MATTERS

 

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA AS FOLLOWS:

            Section 1.        Findings and Determinations.  The Mayor and Council of the City of Friend, Nebraska (the “City”) hereby find and determine as follows:

            (a)        Pursuant to Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended (the “Act”), the Community Development Agency of the City of Friend (the “CDA”) has prepared and adopted the REDEVELOPMENT PLAN FOR FRIEND ENHANCED EMPLOYMENT AREA PROJECT which, in part, (1) provides for the rehabilitation of the enhanced employment area by undertaking demolition, improvement and installation of infrastructure and other redevelopment activities (the “Redevelopment Project”) in the Redevelopment Project Area described on Exhibit “A” (attached hereto and incorporated herein by reference) and (2) designates the area shown in Exhibit “A” as an “enhanced employment area” as defined in Section 18-2103(22) of the Act (the “Enhanced Employment Act Area”).

            (b)        Pursuant to Section 18-2142.02 of the Act, the City is authorized to agree to and to levy and collect a general business occupation tax upon the businesses and users of space within the Enhanced Employment Act Area for the purpose of paying all or any part of the costs and expenses of the Enhanced Employment Act Project within the Enhanced Employment Act Area.

            (c)        It is necessary, desirable, advisable and in the best interests of the City that a general business occupation tax be imposed within the Enhanced Employment Act Area as provided by the Act for the purpose set forth in Section 1(b).

            Section 2.        Definitions.  As used in this Ordinance, the following words and phrases shall have the meanings ascribed to them in this Section 2, except where the context clearly indicates or requires a different meaning:

            (a)        “Person” means any natural person, individual, partnership, association, organization or corporation of any kind or character engaging in the business of operating a General Retail Business.

            (b)        “General Retail Business”” means any business engaged in by any Person or caused to be engaged in by such person in which products or services are sold, leased or rented for any purposes other than for resale, sublease or sub-rent in connection with convenience and/or visitor services, including without limitation; (a) box store, convenience store, quick stop or truck stop with gas and food; (b) hotel, motel, inn, bed and breakfast facilities offering rooms on a daily or weekly basis; (c) camp grounds; (d) fast food, with pay and food pickup at the counter, with walk up or drive up window and chain restaurants; (e) fireworks stands; (f) second-hand stores and (g) car washes, except that “General Retail Business” shall not mean any transaction which is subject to tax under Sections 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602 or 77-4008 of the Nebraska Revised Statutes or which is exempt from tax under Section 77-2704.24 of the Nebraska Revised Statutes.  The City Council has the final authority to determine whether a business qualifies as a General Retail Business.

            (c)        “Taxpayer” shall mean any Person engaged in the business of operating a General Retail Business as herein defined who is required to pay the tax herein imposed.

            Section 3.        Agreement to Impose Tax.  The City hereby agrees to impose an occupation tax upon every Person operating a General Retail Business within the Enhanced Employment Act Area, and the Mayor and City Clerk are hereby authorized and directed to execute such documents and take such actions as are necessary to carry out this Ordinance.

            Section 4.        Tax Imposed; Collection of Tax.

            (a)        On or after August 1, 2015, and in each calendar month thereafter there is hereby imposed a retail business occupational tax upon each and every Person operating a General Retail Business within the Enhanced Employment Act Area for any period of time during a calendar month.  The amount of such tax shall be one percent (1.0%) of all General Retail Business transactions which the State of Nebraska is authorized to impose a tax as allowed by the Nebraska Local Option Revenue Act for each calendar month derived from the General Retail Business subject to this tax.  Such tax shall be imposed on transactions which the State of Nebraska is authorized to impose a tax as allowed by the Nebraska Local Option Revenue Act resulting from the sales of products or services within the limits of the Enhanced Employment Act Area which are subject to the sales and use tax imposed by the State of Nebraska, except that no occupation tax shall be imposed on any transaction which is subject to tax under Sections 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602 or 77-4008 of the Nebraska Revised Statutes or which is exempt from tax under Section 77-2704.24 of the Nebraska Revised Statutes.

            (b)        The Person engaged in operating a General Retail Business may itemize the tax levied on a bill, receipt, or other invoice to the purchaser, but each Person engaged in such business shall remain liable for the tax imposed by this Ordinance.

            Section 5.        Business Classifications.  Pursuant to Section 18-2142.02 of the Act, the City hereby makes the following classifications of businesses, users of space, or kinds of transactions for purposes of imposing the occupation tax:

            (a) General Retail Business: means any activity engaged in by any Person or caused to be engaged in by such Person in which products or services are sold, leased or rented for any purpose other than for resale, sublease or sub-rent, except that “General Retail Business” shall not mean any transaction which is subject to tax under Sections 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602 or 77-4008 of the Nebraska Revised Statutes, as amended, or which is exempt from tax under Section 77-2704.24 of the Nebraska Revised Statues, as amended.

(b) Non-Occupation Tax Retail: means users of space, or kinds of transactions where an occupations tax cannot be imposed pursuant to Section 18-2142.02 of the Act, which includes, but is not limited to 1) manufacturers or wholesalers of alcoholic liquor; 2) producers, suppliers, distributors, wholesalers, or importers of motor fuel and/or gasoline; 3) stamping agents engaged in distributing or selling cigarettes at wholesale; 4) the first owner of tobacco products in the state of Nebraska; and 5) the gross receipts from the sale, lease, or rental of and the storage use, or other consumption of food or food ingredients except for prepared food and food sold through vending machines.

c) Other: businesses that are not either General Retail or Non-Occupation Tax Retail.

            Section 6.        Return.  Each and every Person engaged in the operation of a General Retail Business within the Enhanced Employment Act Area for the calendar month beginning August 1, 2015, and for each and every month thereafter, shall prepare and file, on or before the 25th day of the following month thereafter on a form prescribed and furnished by the City Clerk, a return for such month, and at the same time pay to the City the tax herein imposed.  The return shall be verified and sworn to by the officer in charge of the business.  The return shall be considered filed on time if mailed in an envelope properly addressed to the City Clerk, postage prepaid and postmarked before midnight of the 25th day of the appropriate month.

            Section 7.        Tax Cumulative.

            (a)        The levy of the tax under this Ordinance is in addition to all other fees, taxes, excises and licenses levied and imposed under any contract or any other ordinances of the City, in addition to any fee, tax, excise or license imposed by the State of Nebraska.

            (b)        Payment of the tax imposed by this Ordinance shall not relieve the Person paying the same from payment of any other tax now or hereafter imposed by contract or ordinance or by this Ordinance, including those imposed for any business or occupation he or she may carry on, unless so provided therein.  The occupational tax imposed by this Ordinance shall be cumulative except where otherwise specifically provided.

            Section 8.        Use of Revenue.  The one percent (1.0%) occupation tax imposed by this Ordinance, less any administrative expenses, shall be used to fund any expenditures that the City is lawfully authorized to make in connection with the Enhanced Employment Act Project as permitted by the Act.

Section 9.        Failure to File Return; Delinquency; Assessment by the City Clerk

            (a)        If any Person neglects or refuses to file a return or make payment of the taxes as required by this Ordinance, the City Clerk shall make an estimate, based upon such information as may be reasonably available, of the amount of taxes due for the period or periods for which the Taxpayer is delinquent, and upon the basis of such estimated amount, compute and assess in addition thereto a penalty equal to ten-percent (10.00%) thereof, together with interest on such delinquent taxes, at the rate of one-percent (1.00%), per month, or fraction thereof from the date when due.  Any such interest due may be compounded quarterly.

            (b)        The City Clerk shall give the delinquent Taxpayer written notice of such estimated taxes, penalty, and interest, which notice must be served personally or by certified mail.

            (c)        Such estimate shall thereupon become an assessment and such assessment shall be final and due and payable from the Taxpayer to the City Clerk ten (10) days from the date of service of the notice or the date of mailing by certified mail; however, within such ten (10) day period the delinquent Taxpayer may petition the City Clerk for a revision or modification of such assessment and shall, within such ten-day period, furnish the City Clerk the facts and correct figures showing the correct amounts of such taxes.

            (d)       Such petition shall be in writing, and the facts and figures submitted shall be submitted in writing and shall be given under oath of the Taxpayer.

            (e)        The City Clerk may then modify such assessment in accordance with the facts which he or she deems correct.  Such adjusted assessment shall be made in writing, and notice thereof shall be mailed to the Taxpayer within ten (10) days; and all such decisions shall become final upon the expiration of thirty (30) days from the date of service, unless proceedings are commenced within that time for appeal in the District Court.

            Section 10.      Administration; Miscellaneous Provision.

            (a)        The administration of the provisions of this Ordinance are hereby vested in the City Clerk, or his designee, who shall prescribe forms in conformity with this Ordinance for the making of returns, for the ascertainment, assessment and collection of the tax imposed hereunder, and for the proper administration and enforcement hereof.

            (b)        All notices required to be given to the Taxpayer under the provisions of this Ordinance shall be in writing.  Notices shall be mailed by registered or certified mail, postage prepaid, return receipt requested, to the Taxpayer at his or her last known address.

            (c)        It shall be the duty of every Taxpayer to keep and preserve suitable records and other books or accounts as may be necessary to determine the amount of tax for which he/she is liable hereunder.

                        (1)        Records of the transitions which the State of Nebraska is authorized to impose a tax allowed by the Nebraska Local Option Revenue Act by which this tax is measured shall be kept separate and apart from the records of other sales or receipts in order to facilitate the examination of books and records as necessary for the collection of this tax.

                        (2)        It shall be the duty of every Taxpayer to keep and preserve for a period of four (4) years all such books, invoices and other records, which shall be open for examination at any time by the City Clerk or his or her duly designated persons.  If such Person keeps or maintains his books, invoices, accounts or other records, or any thereof, outside of the state, upon demand of the City Clerk he/she shall make the same available at a suitable place within the City, to be designated by the City Clerk, for examination, inspection and audit by the City Clerk or his or her duly authorized persons.  The Taxpayer shall reimburse the City for the reasonable costs of examination, inspection and audit if the City Clerk determines that the Taxpayer paid ninety percent or less of the tax owing for the period of the examination.

                        (3)        The City Clerk, in his or her discretion, may make, permit or cause to be made the examination, inspection or audit of books, invoices, accounts or other records so kept or maintained by such Person outside of the state at the place where same are kept or maintained or at any place outside the state where the same may be made available, provided such Person shall have entered into a binding agreement with the City to reimburse it for all costs and expenses incurred by it in order to have such examination, inspection or audit made in such place.

            (d)       For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax due from any Person, the City Clerk or his or her duly authorized persons, may conduct investigations concerning any matters covered by this Ordinance; and may examine any relevant books, papers, records or memoranda of any such Person.

            Section 11.      Recover of Unpaid Tax by Action at Law

            (a)        The City Clerk may also treat any such taxes, penalties or interest due and unpaid as a debt due the City.

            (b)        In case of failure to pay the taxes, or any portion thereof, or any penalty or interest thereon when due, the City may recover at law the amount of such taxes, penalties and interest in any court of Saline County, Nebraska or of the county wherein the Taxpayer resides or has its principal place of business having jurisdiction of the amounts sought to be collected.

            (c)        The return of the Taxpayer or the assessment made by the City Clerk, as herein provided, shall be prima facie proof of the amount due.

            (d)       The City Attorney may commence an action for the recovery of taxes due under this Ordinance and this remedy shall be in addition to all other existing remedies, or remedies provided in this Ordinance.

            Section 12.      Suspension or Revocation of Licenses for Failure to Pay Tax; Hearing.  If the Mayor or the Mayor’s designee, after holding a hearing, shall find that any Person has willfully evaded payment or collection and remittance of the tax imposed by this Ordinance, such official may suspend or revoke any City license, permit or other approval held by such tax evader.  Such Person shall have an opportunity to be heard at such hearing to be held not less than seven (7) days after notice is given of the time and place of the hearing to be held, addressed to the last known place of business of such Person.  Pending the notice, hearing and finding, any licensee, permit or other approval issued by the City to the Person may be temporarily suspended.  No suspension or revocation hereunder shall release or discharge the Person from civil liability for the payment or collection and remittance of the tax, nor from prosecution for such offense.

            Section 13.      Sunset Provision.  The occupation tax imposed by this Ordinance shall terminate and collection of the tax shall cease upon the payment in full of all indebtedness issued by the Redevelopment Authority of the City pursuant to the provisions of Section 18-2124 of the Act, for which such occupation tax receipts have been pledged.

            Section 14.      Conflicts.  All ordinances, resolutions, or orders, or parts thereof in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed.

            Section 15.      Severability.  If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid, the validity of the remainder hereof shall not be affected thereby.

            Section 16.      Headings of Section Not Controlling.  The headings of sections of this Ordinance are set forth herein for convenience of reference only and shall not affect the construction or interpretation of this Ordinance or any section hereof.

            Section 17.      Effective Date.  This Ordinance shall take effect upon its passage and publication as provided by law.

            Section 18.    Repeal of Ordinance.  Ordinance No. 14-739 is hereby repealed.

 

EXHIBIT “A”

ENHANCED EMPLOYMENT AREA / REDEVELOPMENT PROJECT AREA

DESCRIPTION OF PROJECT AND

REDEVELOPMENT PLAN FOR

FRIEND ENHANCED EMPLOYMENT AREA PROJECT

 

OVERVIEW:

This plan is intended to redevelop an area within the City of Friend, which has been designated as an enhanced employment area within the meaning of the Community Development Law (the “Act”) of the State of Nebraska by the Community Redevelopment Authority (the “Authority”) of the City of Friend, Nebraska.

 

The Authority will purchase, either at public sale or by private purchase, and from time to time dilapidated properties in the enhanced employment area  described in Resolution C15-1 of the Authority.  The Authority will demolish and or resell such property to interested developers pursuant to the Act.  Additionally, in order to improve necessary public improvements the Authority shall install new street signs, purchase land for a rest stop and shelter; bury electric lines and install street lighting; install 2 fixed city maps; install city welcome signs; enhance right of way property on the highway corridor with fencing and landscaping, and other public improvements authorized by the city council (the “Project”).  The cost of proposed projects are set forth on Exhibit C.

 

The Authority will utilize the proceeds of an occupation tax generated from the enhanced employment area to develop the project in the enhanced employment area. Without the benefit of occupation tax proceeds the costs of the project are simply too great to be absorbed by the Authority.  The Authority will use the proceeds of the occupation tax and the sale of occupation tax revenue bonds to assist in the acquisition, demolition and preparation of the Project site and installation of public improvements.

 

THE REDEVELOPMENT PLAN:

1.  Relationship of Plan to Local objectives for appropriate land use:  This plan contemplates a change no current land use.  

2.  Relationship of Plan to Local objectives for improved traffic flow and public utilities in plan area:  This plan contemplates no relocation of  the existing access roads.

3.  Relationship of Plan to Local objectives for community facilities:  This plan provides  new community facilities as described herein.

4.   Redevelopment project boundaries:  Exhibit A shows the boundaries of the enhanced employment area.

5.  Proposed land use plan:  The proposed land use plan after redevelopment is set forth in the city’s Comprehensive Plan.

6.  Information on standards for population densities; land coverage; building intensities; and land coverage after redevelopment:  Population density will not increase for the area.

7.  Statement regarding change in street layouts: This Plan proposes no changes in street layout. 

8.  Site plan after redevelopment:  Exhibit B  is an accurate site plan of the redevelopment project after redevelopment. (Map from Comprehensive Plan)

9.  Statement as to the kind and number of  additional public facilities or utilities required to support land use after redevelopment:   No  additional public utilities are required to support the proposed change.

Exhibit B

Map of Enhanced Employment Area

(from Comprehensive Plan)

(copy of map is available to review at City Hall during regular office hours)

 

Exhibit C

Cost of Project

 

  1. New Highway 6 Sign                                                              $    5,000.00
  2. Land w/Rest Stop and Shelter                                                $  45,000.00
  3. Bury Elect Lines/New Lighting/Flags for Friend Marker      $  12,000.00
  4. City Promo Maps                                                                    $    2,000.00
  5. Highway 6 Welcome Signs (2)                                               $    4,000.00
  6. Hwy Corridor Visual Improvements/Shrubs/Fencing/Plants  $110,000.00
  7. Old Stations Restoration/Police Station/Visitor Center         $  80,000.00
  8. Railroad Depot Remodel/Reuse                                             $  85,000.00
  9. Community Cost Sharing Projects and Events                      $  25,000.00

 

TOTAL                                                                                                $368,000.00

 

Motion was made by Stutzman, seconded by Krause, to approve Ordinance No. 15-742, with the changes as discussed in Section 9, paragraph (a) (change the penalty on delinquent taxes from one percent to ten percent and the interest on such delinquent taxes from ten percent to one percent).  On roll call voting aye, Schrock, Krause, Stutzman.  Nays none.  Ryan absent.  Motion carried.  Ordinance No. 15-742 was passed and approved this 7th day of July, 2015.
 

Patrick Gates, Utilities Superintendent, gave his report.  Items he reported on included the following.

  • Eldon Eklund has been hired as the City’s Wastewater Operator
  • The new park clubhouse will be finished soon and a grand opening is being planned for some time in August.  Rent for the  new clubhouse will be $50 and a $100 deposit will be collected at time of rental.

 

Police Chief, Mark McFarland gave his report.

 

Stan Krause reported on behalf of the Friend Volunteer Fire Department. 

 

Chris Bjornberg reported on behalf of Warren Memorial Hospital.

 

Motion was made by Krause, seconded by Schrock, to accept the Planning Commission’s recommendation to approve request from Tom Clouse for subdivision of Lots 6-10, Block 6, Ainsworth Addition.  On roll call voting aye, Stutzman, Schrock, Krause.  Nays none.  Ryan absent.  Motion carried.

 

No further business to come before the City Council, motion was made by Stutzman, seconded by Krause, to adjourn the meeting.  On roll call voting aye, Schrock, Krause, Stutzman.  Nays none.  Ryan absent.  Motion carried.  Meeting adjourned at 8:12 p.m.