01/02/2008 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
JANUARY 2, 2008
Mayor Vossler 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, James Vossler, presided and City Clerk, Debbie Gilmer, recorded the proceedings. The following Councilmembers were present: Harlan Schrock, Dan Drake, Dale Lawver, and Dan Fricke. 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 it was time to open the public hearing related to an amendment to the blighted and substandard area in Friend. Motion was made by Schrock, seconded by Fricke, to open the public hearing for the purpose of receiving comments relating to a proposed resolution declaring a certain area in Friend to be blighted and substandard and in need of redevelopment pursuant to the Community Development Law, as amended. On roll call voting aye, Lawver, Drake, Fricke, Schrock. Nays none. Motion carried. Public hearing opened at 7:02 p.m.
Mayor Vossler stated that at this time public comments would be accepted. No comments were offered.
Motioned by Schrock, seconded by Lawver, to approve the Minutes of the December 4, 2007 regular meeting, the December 18, 2007 special meeting, and the December 2007 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the December 4, 2007 regular meeting, the December 18, 2007 special meeting, and the December 2007 Treasurer's Report, Drake, Fricke, Schrock, Lawver. Nays none. Motion carried.
Motion was made by Fricke, seconded by Drake, to approve the Warren Memorial Hospital financial reports for November 2007. On roll call voting aye to approve the Warren Memorial Hospital financial reports for November 2007, Lawver, Schrock, Drake, Fricke. Nays none. Motion carried.
A motion was made by Lawver, 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, Drake, Lawver, Schrock, Fricke. Nays none. Motion carried.
The claims approved were as follows: December Payroll, 17,880.83; Ameritas, 1892.28; EFTPS, 5963.59; Alltel Cellular, 904.38; Aquila, se. 651.84; Amazon, su. 115.00; Baker & Taylor, su. 15.63; Central NE Bobcat, fe. 381.00; Central States Lab., su. 3992.28; Culligan, su. & se. 112.50; D & D Comm, se. 6.00; Discover, su. 165.53; Eakes, su. 68.98; Exeter Arms, su. 590.00; Farmer’s Coop, su. 1853.46; Friend Country Club, 50.00; Galaxy Cable, se. 39.95; Gale, su. 44.93; Galls Inc, su. 47.78; Patrick Gates, re. 48.13; Gene’s Electric, se. & su. 460.20; Great Plain One-Call, se. 13.13; Hach Co, se. 167.60; IIMC, fe. 140.00; Johnson Pharmacy, su. 95.88; Jr. Library Guild, su. 37.50; Konica, fe. 73.05; Jackie Larsen, re. 78.38; Load Management Refunds, re. 4805.00; Menards, su. 325.63; Chris Michl, se. 415.80; Midwest Labs, su. 69.00; Midwest Vehicle, su. 127.77; Michael Mullally, fe. 1185.00; Muni Supply, su. 201.85; NE Dept of Rev, sales tax, 4138.60, SWH, 971.08; NMPP, se. 2280.00; NE Public Health Lab, se. 27.00; NE Public Power, su. 39,065.66; NE Rural Water Assoc, fe. 175.00; Norris Public Power, se. 4106.77; Pioneer Publishing, fe. 203.71; Principal Mutual, fe. 4104.60; RR Mgmt, fe. 82.50; Reiman Publ, su. 14.98; Saline Co Clerk, fe. 4.50; Saline Co Treas, fe. 2348.00; Shell, su. 265.38; Marvin Slepicka, fe. 750.00; Sports Express, su. 1025.15; Steve’s Repair, se. 98.60; Superior Lamp & Supply, su. 731.78; The Garbage Co., se. 173.61; Windstream, se. 627.74; Yokel’s, su. 40.59; Young’s, se. 130.18. Total Claims Approved $104,385.31.
Joe and Phyllis Svehla and Bob and Darlene Samuelson submitted cards of thanks to the Mayor and City Council for inviting them to the appreciation supper that was held for City employees in December.
Mayor Vossler announced that if there were no comments relating to the proposed resolution regarding the blighted and substandard area, as amended it was time to close the public hearing. Motion was made by Drake, seconded by Lawver, to close the public hearing to receive comments relating to the proposed resolution declaring a certain area in Friend to be blighted and substandard and in need of redevelopment pursuant to the Community Development Law, as amended. On roll call voting aye, Fricke, Drake, Schrock, Lawver. Nays none. Motion carried. Public hearing closed at 7:20 p.m.
Mayor Vossler read by title the following resolution.
RESOLUTION NO. 07-34
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA DECLARING A CERTAIN AREA TO BE BLIGHTED AND SUBSTANDARD AND IN NEED OF REDEVELOPMENT PURSUANT TO THE COMMUNITY DEVELOPMENT LAW, CHAPTER 18, ARTICLE 21, REISSUE REVISED STATUTES OF NEBRASKA, AS AMENDED
WHEREAS, it is necessary, desirable, advisable, and in the best interests of the City of Friend, Nebraska (the “City”), for the City to undertake and carry out redevelopment projects in certain areas of the City that are determined to be substandard and blighted and in need of redevelopment; and
WHEREAS, 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; and
WHEREAS, Section 18-2109 of the Act requires that, prior to the preparation by the Community Development Agency of the City of a redevelopment plan for a redevelopment project, the Mayor and Council shall, by resolution, declare the area to be blighted and substandard; and
WHEREAS, on Wednesday, January 2, 2008, at 7:00 p.m., the Mayor and Council of the City held a public hearing (the “Public Hearing”) at the Friend City Hall, 235 Maple Street in the City, to determine whether that certain area more fully described below (the “Redevelopment Area”) should be declared blighted and substandard and in need of redevelopment as required by the Act; and
WHEREAS, notice of the Public Hearing was published in The Friend Sentinel, a legal newspaper of general circulation in the City, on December 12, 2007, and December 19, 2007, which notice described the time, date, place and purpose of the Public Hearing and the legal description of the Redevelopment Area; the last publication of such notice being at least ten days prior to the time of the Public Hearing; and
WHEREAS, on or before December 19, 2007, such date being at least 10 days prior to the time of the Public Hearing, the City mailed notice of the Public Hearing by United States Certified Mail, return receipt requested, sufficient postage affixed, to all registered neighborhood associations whose area of representation is located in whole or in part within a one-mile radius of the Redevelopment Area and to the president or chairperson of the governing body of each county, school district, community college, educational service unit, and natural resources district with real property in the Redevelopment Area, which notice included the time, date, place, and purpose of the Public Hearing and a map of sufficient size to show the Redevelopment Area; and
WHEREAS, the Public Hearing was conducted and all interested parties were afforded a reasonable opportunity to express their views respecting the declaration of the Redevelopment Area as blighted and substandard and in need of redevelopment, and the Mayor and Council reviewed and discussed a Blight/Substandard Determination Study and Amendment to Blight/Substandard Determination Study (collectively, the “Blight Study”) previously prepared by Hanna:Keelan Associates, P.C.; and
WHEREAS, the Mayor and Council submitted the question of whether the Redevelopment Area was blighted and substandard and in need of redevelopment to the Planning Commission of the City for its review and recommendation on December 10, 2007, and the Mayor and Council reviewed and discussed the recommendations received from the Planning Commission; and
WHEREAS, the Mayor and Council desire to determine whether the Redevelopment Area is blighted and substandard and in need of redevelopment in accordance with the Act.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA AS FOLLOWS:
Section 1. The Redevelopment Area is hereby declared to be substandard and in need of redevelopment pursuant to the Act, in that conditions now exist in the Redevelopment Area meeting the criteria set forth in Section 18-2173(17) of the Act, as described and set forth in the Blight Study. The Redevelopment Area is more particularly described as follows, to wit:
AN ESTIMATED 218 ACRE AREA THAT BEGINS AT THE INTERSECTION OF THE EXTENDED NORTH LINE OF “C” STREET AND THE EXTENDED WEST LINE OF STATE STREET, THENCE EASTWARD ALONG THE EXTENDED NORTH LINE OF “C” STREET, TO ITS INTERSECTION WITH THE WEST LINE OF CEDAR STREET, THENCE CONTINUING GENERALLY EAST ALONG THE NORTH LINE OF “C” STREET (ALSO NOW THE BEGINNING OF THE NORTH CORPORATE LIMITS) TO ITS INTERSECTION WITH THE EAST LINE OF THE J.K. FRIEND ADDITION (ALSO KNOWN AS THE EAST CORPORATE LIMIT LINE), THENCE SOUTH ALONG SAID EAST LINE TO ITS INTERSECTION WITH THE SOUTH LINE OF “B” STREET, THENCE EAST ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH THE WEST LINE OF PAIGE STREET AND ALSO THE NORTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE APPROXIMATELY 2,640' TO ITS INTERSECTION WITH THE HALF-SECTION LINE OF SECTION 28, TOWNSHIP 8N, RANGE 1E, THENCE SOUTH ALONG SAID HALF-SECTION LINE TO ITS INTERSECTION WITH THE SOUTH LINE OF HIGHWAY 6, THENCE WEST ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH THE EAST LINE OF PAGE STREET, THENCE SOUTH ALONG SAID EAST LINE TO ITS INTERSECTION WITH THE SOUTH LINE OF 2ND STREET, THENCE WEST ALONG SAID LINE TO ITS INTERSECTION WITH THE EAST LINE OF CHESTNUT STREET, THENCE SOUTH ALONG SAID EAST LINE TO ITS INTERSECTION WITH THE SOUTH LINE OF 4TH STREET, THENCE WEST ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH THE WEST LINE OF MAIN STREET, THENCE NORTH ALONG SAID WEST LINE TO ITS INTERSECTION WITH THE SOUTH LINE OF 2ND STREET, THENCE WEST ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH THE EAST LINE OF STATE STREET, THENCE SOUTH ALONG SAID EAST LINE TO ITS INTERSECTION WITH THE SOUTH LINE OF 3RD STREET, THENCE WEST ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH THE WEST LINE OF THE STREET LOCATED ON THE WESTERN BOUNDARY OF MCLEAN’S ADDITION, THENCE NORTH ALONG SAID WEST LINE TO ITS INTERSECTION WITH THE NORTH LINE OF THE HIGHWAY 6 RIGHT-OF-WAY, THENCE EAST ALONG SAID NORTH LINE TO ITS INTERSECTION WITH THE EXTENDED WEST LINE OF STATE STREET, THENCE NORTH ALONG SAID LINE TO ITS INTERSECTION WITH THE EXTENDED NORTH LINE OF “C” STREET, ALSO THE POINT OF BEGINNING, PLUS PART OF A LARGER PARCEL OF LAND IN THE NORTHEAST 1/4 SECTION 22-8-1 OF THE FRIEND PRECINCT AND BLOCK 6, OF THE FIRST ADDITION TO THE CITY OF FRIEND, NEBRASKA.
Section 2. The Redevelopment Area is hereby further declared to be blighted and in need of redevelopment pursuant to the Act, in that conditions now exist in the Redevelopment Area meeting the criteria set forth in the Act, including, without limitation, (a) one or more of the factors set forth in Section 18-2173(11)(a) of the Act and (b) at least one of the factors set forth in (i) through (iv) of Section 18-2173(11)(b) of the Act, as described and set forth in the Blight Study.
Section 3. The blighted and substandard conditions existing in the Redevelopment Area are beyond remedy and control solely through the regulatory process and the exercise of police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided by the Act, and the elimination of the blighted and substandard conditions under the authority of the Act is hereby found to be a public purpose and declared to be in the public interest.
Section 4. The Redevelopment Area is in need of redevelopment and is or will be an eligible site for a redevelopment project under the provisions of the Act at the time of the adoption of any redevelopment plan with respect thereto.
Section 5. This Resolution shall be published and shall take effect as provided by law.
Motion to approve proposed Resolution No. 07-34 was made by Schrock, seconded by Fricke. On roll call voting aye, Drake, Lawver, Fricke, Schrock. Nays none. Motion carried. Resolution No. 07-34 was passed and approved January 2, 2008.
The following proposed resolution was read by Mayor Vossler.
RESOLUTION NO. 07-35
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 PORK FEED TO BE HELD ON JANUARY 30, 2008 TO JANUARY 31, 2008 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 PORK FEED TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. ON WEDNESDAY, JANUARY 30, 2008 AND 1:00 A.M. ON THURSDAY, JANUARY 31, 2008, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion was made by Fricke, seconded by Drake, to approve proposed Resolution No. 07-35. On roll call voting aye, Schrock, Drake, Lawver, Fricke. Nays none. Motion carried. Resolution No. 07-35 was passed and approved January 2, 2008.
Mayor Vossler read by title the following proposed resolution.
RESOLUTION NO. 08-01
WHEREAS, the City Council of the City of Friend, Nebraska, pursuant to Nebraska Statute, is vested with the authority of administering the affairs of the City of Friend, Nebraska; and
WHEREAS, it has been determined that the City of Friend shall govern the operations of the city during an emergency or a disaster, and that those procedures have been developed as part of the Saline County Local Emergency Operations Plan in order to provide for a coordinated response to a disaster or emergency in Saline County and the cities and villages in Saline County; and
WHEREAS, the City Council of the City of Friend, Nebraska, deems it advisable and in the best interest of the City and the County to approve said procedures within the Local Emergency Operations Plan;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA: That the City of Friend Emergency Operations Plan and the Saline County Local Emergency Operations Plan be approved.
Motion was made by Lawver, seconded by Schrock, to approve proposed Resolution No. 08-01. On roll call voting aye, Fricke, Lawver, Drake, Schrock. Nays none. Motion carried. Resolution No. 08-01 was passed and approved January 2, 2008.
Discussion was had regarding a claim for damages to a basement, submitted by Jim Winter. It was decided that since copies of the insurance adjuster’s report were not received prior to this meeting, that this issue be tabled until the February meeting so that further attempts can be made to acquire this information from the adjuster. Motion was made by Schrock, seconded by Drake, to table consideration of the claim for basement damage submitted by Jim Winter until the February City Council meeting. On roll call voting aye, Lawver, Fricke, Schrock, Drake. Nays none. Motion carried.
Rodney and Thais Brejcha attended the meeting to discuss concerns they have relating to handicapped-accessibility issues in Friend. Mr. and Mrs. Brejcha provided a copy of these concerns and questions to the Mayor and Council for their consideration. (A copy of this is attached.) The Brejcha’s reviewed this with the Council and requested their questions be answered in a timely manner, not to exceed 20 days. Council will review Brejcha’s concerns and address them accordingly.
Utilities Superintendent, Patrick Gates, gave his report. Mr. Gates reported that the wastewater discharge permit that was issued in July has new requirements that affect us. These requirements are specific to the method of disinfecting the effluent water that goes out of the plant. One requirement is to have a “facility study” (a thorough study of the wastewater system) completed within six months. As of January 1st we are out of compliance as the study has not been done. Gates said he contacted Kirkham Michael in regards to this and they provided him with a proposed agreement to conduct and complete the study in no more than sixty days. Gates requested that Council approve and accept the terms of the proposed agreement. Motion was made by Schrock, seconded by Lawver, to approve the agreement with Kirham Michael Engineers to complete a “facility study” of the wastewater treatment system for $8300. On roll call voting aye, Fricke, Drake, Schrock, Lawver. Nays none. Motion carried.
Relating to the pond project, Councilman Dan Fricke asked Pat Gates what was going to be done with any excess dirt from dredging the pond. Fricke said it has been suggested to him that the dirt be used for a sledding hill. Gates informed Fricke that he plans to stockpile what he can of the excess dirt near the well house until he can haul it away. He will spread some of the dirt at the dumpsite. Gates said he has considered a sledding hill, as he knows other communities have done this, however the possibility of this will depend on the type/condition of the soil.
Also relating to the pond project, Gates said there has been a preconstruction meeting regarding this project and plans are to begin sometime in late January.
Police Chief, Mark McFarland gave his Police Report for December 2007.
Building Inspector, Mark Stutzman had nothing to report.
Fire Chief, Brent Milton reported that, providing all approvals are received, the Friend Fire Department will be burning a house located on 1st Street Sunday, January 27th.
A revised amortization schedule for a CDBG loan was recommended to the Council by the Friend Industrial Development Corporation. After consideration, motion to approve the revised amortization schedule for repayment of the CDBG loan for RTSI, beginning February 1, 2008, was made by Lawver, seconded by Fricke. On roll call voting aye, Schrock, Drake, Lawver, Fricke. Nays none. Motion carried.
In an effort to clear some confusion that may be circulating throughout the community, Councilman Dan Drake wanted to briefly explain action taken at a special meeting of the City Council held on December 26th. Mr. Drake said an ordinance was adopted to provide financing for certain operating expenses up to $300,000 for Warren Memorial Hospital in the form of a note with First National Bank. Mr. Drake emphasized that this note would pay off what has been borrowed of the $250,000 note that the City already has with the bank for operating expenses of the Hospital, and is not in addition to the $250,000 note. If the proposed Hospital District is formed, this action will provide additional time for the Hospital to repay the note, as well as provide additional money, should it be necessary for any of the Hospital’s operating expenses.
Discussion was had regarding the possibility of selling property that the City owns on the 100 block of Maple Street. No action was taken at this time.
Discussion was had regarding the time and dates of the Friend City Council regular meetings. Motion was made by Fricke, seconded by Schrock that the Friend City Council regular meetings be held on the 1st Tuesday of each month at 7:00 p.m. On roll call voting aye, Lawver, Drake, Schrock, Fricke. Nays none. Motion carried.
Discussion was had regarding the petition of the proposed hospital district that is being circulated throughout the community. It was decided that the signatures should be submitted to the Saline and Seward County Clerks in the next week or so.
With no further business to come before the Council, motion to adjourn the meeting was made by Schrock, seconded by Drake. On roll call voting aye, Schrock, Drake, Lawver, Fricke. Nays none. Meeting adjourned at 8:20 p.m.
