02/06/2007 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
FEBRUARY 6, 2007
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: Dan Fricke, Dale Lawver, Dan Drake and Harlan Schrock. 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.
Motion was made by Schrock, seconded by Drake, to open the public hearing for the One and Six Year Plan for Street Improvement Program. On roll call voting aye, Lawver, Schrock, Fricke, Drake. Nays none. Public hearing for One and Six Year Plan for Street Improvement Program opened at 7:01 p.m.
Utilities Superintendent, Patrick Gates gave an overview of what the One and Six Year Plan for Street Improvement Program included. These projects are
Motion was made by Fricke, seconded by Lawver, to open the public hearing to receive comments relating to declaring portions of the City, or portions to be annexed into the City, to be blighted and substandard. On roll call voting aye, Schrock, Drake, Fricke, Lawver. Nays none. Public hearing to receive comments relating to declaring portions of the City, or portions to be annexed into the City, to be blighted and substandard opened at 7:03 p.m.
Mayor Vossler announced that comments would be accepted from audience members at this time.
Jeff Soukup attended the meeting on behalf of the Lion’s Club. Mr. Soukup discussed Bingo as a possible Lion’s Club fundraiser and asked if the City Council would be in favor of this. Mr. Soukup said the Club has researched this and is aware that a license from the State is necessary. He also said they have met with the Nebraska Gaming Commission. Discussion was had and the City Council had no objections. Request was made for this issue to be placed on the agenda for the March City Council meeting. Attorney Mullally asked that Mr. Soukup leave his contact information and Mr. Mullally will research this and get back to him.
Motioned by Lawver, seconded by Schrock to approve the Minutes of the January 2, 2007 regular meeting, and the January 2007 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the January 2, 2007 regular meeting, and the January 2007 Treasurer's Report, Fricke, Drake, Schrock, Lawver. Nays none. Motion carried.
Motion was made by Fricke, seconded by Drake, to approve the
A motion was made by Schrock, seconded by Drake, 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, Drake, Lawver, Schrock. Nays none. Motion carried.
The claims approved were as follows: January Payroll, 14,249.93; Ameritas, 1743.94; 1st Natl, 4871.24; IRS, fe. 41.71; Alltel Cellular, 380.99; Amazon Credit Plan, su. 37.97;
The Planning Commission submitted Resolution #06-16, making recommendations to the Friend City Council, with respect to declaration of an area as blighted and substandard pursuant to the Nebraska Community Development Law, for their consideration and approval. Following is this resolution.
RESOLUTION #06-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WHEREAS, the City Council of the City of Friend, Nebraska, has proposed declaring an area as described on the attached Exhibit ‘A’ (the “Redevelopment Area”) as blighted and substandard in accordance with Sections 18-2101 through 18-2153 of the Nebraska Revised Statutes, as amended (the “Act”);
WHEREAS, the City Council has presented to this Planning Commission a Blight and Substandard study prepared by Hanna:Keelan, P.C. for the Redevelopment Area;
WHEREAS, the City Council has previously adopted and has in place a Comprehensive Plan, which includes a general plan for development of the City within the meaning of Section 18-2110 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
BE IT FURTHER RESOLVED, that the Planning Commission recommends declaration of the Redevelopment Area as blighted and substandard.
BE IT FURTHER RESOLVED, that any resolution passed and approved prior to the passage, approval and publication of this Resolution which is in conflict with the terms and provisions of this Resolution is repealed to the extent of such conflict. This Resolution shall take effect and be in force and effect from and after its passage, approval and publication as required by law. The provisions of this resolution are separable, and invalidity of any phrase, clause, or part of this Resolution shall not affect the validity or effectiveness of the remainder of this Resolution.
EXHIBIT “A”
A parcel of land 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 Page 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.
Resolution #06-16 was passed and approved by the Planning Commission January 11, 2007.
Motion to accept Resolution #06-16 as adopted by the Planning Commission, was made by Drake, seconded by Fricke. On roll call voting aye, Schrock, Drake, Lawver, Fricke. Nays none. Motion carried.
Les Weber attended the meeting on behalf of the Friend Industrial Development Committee. Mr. Weber expressed thanks and appreciation to the Mayor and City Council for their role and support in pursuing the blight/substandard study conducted by Hanna:Keelan, and for their efforts in declaring the above described area as blighted and substandard. Mr. Weber said these efforts should encourage new businesses and/or industry to consider becoming a part of our community.
Mayor Vossler opened discussion regarding proposed Ordinance #06-695 relating to creating a Community Redevelopment Authority. Mayor Vossler stated that he felt more information was needed from Attorney Schellpeper, who will be representing the City with the blight/substandard determination project, and will be providing support on any TIF issues as they may arise. After discussion, Mayor Vossler directed Debbie Gilmer to contact Attorney Schellpeper to make arrangements for a special meeting. Advanced notice of this meeting will be posted when arrangements are set.
The following resolution was introduced by Mayor Vossler.
RESOLUTION #06-19
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 ROCKY MOUNTAIN OYSTER FEED TO BE HELD ON FEBRUARY 28, 2007 TO MARCH 1, 2007 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 ROCKY MOUNTAIN OYSTER FEED TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. ON FEBRUARY 28, 2007 AND 1:00 A.M. ON MARCH 1, 2007, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to approve Resolution #06-19 relating to the application of the Friend Legion Post #183 for a Special Designated Permit for the rocky mountain oyster feed to be held between the hours of 4:00 p.m. on February 28, 2007 and 1:00 a.m. on March 1, 2007 was made by Schrock, seconded by Drake. On roll call voting aye, Fricke, Drake, Lawver, Schrock. Nays none. Motion carried. Resolution #06-19 was passed and approved February 6, 2007.
Motion was made by Drake, seconded by Lawver, to table proposed Ordinance #06-695 relating to creating a Community Redevelopment Authority until after meeting with Attorney Schellpeper. On roll call voting aye, Drake, Schrock, Lawver, Fricke. Nays none. Motion carried.
Utilities Superintendent, Patrick Gates, gave his utility report.
Gates reported on the pond property that Spreeman’s have gifted to the City.
Also reported that the Safe Walks to School project is progressing well and that the initial application has been accepted. Mr. Gates has a meeting with the project coordinator Tuesday to proceed with the second phase of the application.
As requested at the January meeting, the weathered street signs along Highway 6 have been replaced or removed.
Regarding the concrete issue at the Palky Addition, City Engineer, Rich Robinson from Kirkham Michael, has reviewed the concrete testing and found them to be satisfactory. He is in the process of reviewing the compaction testing. There were a large number of compaction tests that required retesting. We are awaiting the results of Mr. Robinson’s research on this.
Dan Drake commended Patrick Gates and the City employees for doing such a great job with snow removal after the recent storm.
Police Chief, Mark McFarland gave the Police Report for the month of January 2007. (Copy of this report is attached.) McFarland also provided the Council with a copy of the Friend Police Department Year-End Report for 2006. (A copy of this report can be viewed at City Hall during regular business hours.)
Stan Houlden attended the meeting on behalf of Building Inspector, Mark Stutzman. Nothing to report at this time, other than the recommendation of the Planning Commission that was included in Council packets relating to the requirement of frost footings.
Stanley Krause attended the meeting on behalf of Fire Chief, Brent Milton. Mr. Krause said on January 11th he had the opportunity to inspect the new truck. The truck should be delivered toward the end of February. Mr. Krause asked if there was a dollar amount that would require advertising for bids. The Fire Department would like to sell the 6X6 and asked permission from the Council to advertise for bids. Council discussed and had no objections. Attorney Mullally asked that Mr. Krause provide a copy of the advertisement to Debbie Gilmer to forward to him for review prior to publishing.
Tom Clouse attended the meeting to discuss with the Council a building permit application he submitted for approval to construct a building along Highway 6. Frost footings and the requirement to have frost footings were discussed. Mr. Clouse asked that the Council review his application and said ideas, thoughts, input, etc. would be appreciated.
Librarian, LaRaine Cihak, presented the Mayor and Council with an annual report for the Gilbert Library for 2006. Mrs. Cihak reviewed this report with the Council. She summarized statistical information, projects that were completed in the past year, as well as upcoming projects, such as landscaping. (Copy of this report is available at City Hall for viewing during regular business hours.)
The possibility of putting KENO on the ballot for the next general election was discussed.
Mayor Vossler announced that if there were no comments relating to declaring portions of the City, or portions to be annexed into the City, to be blighted and substandard it was time to close the public hearing. Motion was made by Drake, seconded by Schrock, to close the public hearing to receive comments relating to declaring portions of the City, or portions to be annexed into the City, to be blighted and substandard. On roll call voting aye, Lawver, Drake, Fricke, Schrock. Nays none. Public hearing closed at 7:50 p.m.
Councilman Frick introduced Resolution #06-18.
RESOLUTION #06-18
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA, DECLARING PORTIONS OF THE CITY OF FRIEND, OR PORTIONS TO BE ANNEXED INTO THE CITY OF FRIEND TO BE BLIGHTED AND SUBSTANDARD
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, it is desirable and in the public interest that the City of Friend, Nebraska, a municipal corporation, undertake and carry out redevelopment projects in areas of the City or to be annexed into the City which are determined to be substandard and blighted and in need of redevelopment; and
WHEREAS, Chapter 18, Article 21, Nebraska Reissue Revised Statute of 1997, as amended, known as the Community Development Law, prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and
WHEREAS, Neb. Rev. Stat. Section 18-2109, as amended, requires that, prior to the preparation by the community redevelopment authority of a City of a redevelopment plan for a redevelopment project, the Mayor and City Council as governing body of the City, by resolution, shall find and determine that the area is a substandard and blighted area in need of redevelopment as defined in said Community Development Law; and
WHEREAS, on February 6, 2007, at 7:00 p.m., a Meeting of the Mayor and City Council of the City of Friend, Nebraska, was held at the meeting room in the offices of the City of Friend in order to conduct a Public Hearing to determine whether certain areas should be declared to be substandard and blighted and in need of redevelopment, as defined in and pursuant to the Community Development Law; and
WHEREAS, a Notice of Public Hearing was published in The Friend Sentinel, a legal newspaper published in Friend, Nebraska, on January 17, 2007, and January 24, 2007, which was at least ten (10) days prior to the time of the public hearing, which Notice of Public Hearing described the time, date, place, and purpose of the hearing and specifically identified the area to be considered as substandard and blighted and in need of redevelopment; and
WHEREAS, on or before January 24, 2007, which date was at least ten (10) days prior to the Public Hearing, the City mailed notice of the Public Hearing by certified United States Mail, postage prepaid, to all registered neighborhood associations whose area of representation is located in whole or in part within a one-mile radius of the area to be redeveloped and to the President or Chairperson of the governing body of each county, school district, community college, educational service unit, and natural resources district in which the real property to be affected by such determination, which notice set out the time, date, place, and purpose of the Public Hearing and included a map of sufficient size to show the area to be affected; and
WHEREAS, at such Meeting the Public Hearing was conducted, and all interested parties were afforded a reasonable opportunity to express their views respecting the designation of such area as substandard and blighted and in need of redevelopment, and the Mayor and City Council reviewed and discussed a Blight and Substandard Determination Study previously prepared by Hanna:Keelan Associates, P.C.; and
WHEREAS, the Mayor and City Council submitted the question of whether the area in question is substandard and blighted and in need of redevelopment to the Planning Commission of the City of Friend for its review and recommendation prior to the Meeting and the Public Hearing on January 11, 2007, and the Mayor and City Council reviewed and discussed recommendations received from the Regional Planning Commission; and
WHEREAS, the Mayor and City Council desire to determine whether the specific area is substandard and blighted and in need of redevelopment in accordance with the Nebraska Community Development Law.
NOW THEREFORE, BE IT RESOLVED by the City of
(See description above entitled “Exhibit A” under Resolution #06-16.)
is hereby declared to be a substandard area in need of redevelopment pursuant to the Community Development Law, in that conditions which now exist in said area meet the criteria set forth in Neb. Rev. Stat. § 18-2103 (10) and 17-405.01(2) as described and set forth in the Blight and Substandard Determination Study received by the City; and
BE IT FURTHER RESOLVED that the above described area is hereby declared to be a blighted area in need of redevelopment pursuant to the Community Development Law, in that conditions which now exist in said area which meet one or more of the factors set forth in Neb. Rev. Stat § 18-2103 (11)(a) and at least one of the factors set forth in (i) through (iv) of Neb. Rev. Stat § 18-2 103 (11)(b) as described and set forth in the Blight and Substandard Determination Study received by the City; and
BE IT FURTHER RESOLVED that such substandard and blighted condition is beyond the remedy and control solely by 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 Community Development Law, and the elimination of said substandard and blighted condition under the authority of the Community Development Law is hereby found to be a public purpose and declared to be in the public interest; and
BE IT FURTHER RESOLVED that it is hereby found and determined that such substandard and blighted area is in need of redevelopment and is an eligible site for a redevelopment project under the provisions of the Community Development Law.
Fricke made a motion, seconded by Lawver to adopt Resolution #06-18. On roll call voting aye, Schrock, Drake, Lawver, Fricke. Nays none. Motion carried. Resolution #06-18 was passed and approved February 6, 2007.
Motion was made by Schrock, seconded by Drake to enter into executive session at 7:52 p.m. to discuss personnel issues. On roll call voting aye, Lawver, Drake, Fricke, Schrock. Nays none. Motion carried.
Motion to return to regular session was made by Schrock, seconded by Fricke. On roll call voting aye, Lawver, Drake, Fricke, Schrock. Nays none. Motion carried. Regular session continued at 8:22 p.m.
Mayor Vossler announced that if there were no comments for the One and Six Year Plan for Street Improvement Program it was now time to close the public hearing. On roll call voting aye, Lawver, Schrock, Fricke, Drake. Nays none. Public hearing for One and Six Year Plan for Street Improvement Program closed at 8:23 p.m.
RESOLUTION #06-17
The following resolution was introduced by Drake, who moved its adoption, seconded by Schrock.
“WHEREAS, the City Street Superintendent has prepared and presented a One and Six Year Plan for Street Improvement Program for the City of Friend, Nebraska, and
WHEREAS, a public meeting was held on the 6th day of February 2007, to present this plan and there were no objections to said plan;
THEREFORE, BE IT RESOLVED BY THE Mayor and City Council of Friend,
On roll call voting aye to adopt Resolution #06-17, Fricke, Schrock, Drake, Lawver. Nays none. Motion carried.
With no further business to come before the Council, motion to adjourn the meeting was made by Fricke, seconded by Lawver. On roll call voting aye, Drake, Lawver, Schrock, Fricke. Nays none. Meeting adjourned at 8:26 p.m.