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02/24/2006 Special Meeting

FRIEND CITY COUNCIL

MINUTES-SPECIAL MEETING

FEBRUARY 24, 2006

Mayor Horner called the special meeting of the City Council to order at 5:00 p.m. at the City Hall.  Advance notice of the meeting was given by publication in The Sentinel, the appointed method for giving advance 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, Gary Tuttle, Dustin Weber.  Harlan Schrock was absent.  A quorum being present and the meeting duly convened, the following proceedings were had and done.

Mayor Horner announced that the public hearing was now open at 5:05 p.m. to hear comments from the public relating to possible amendments to the zoning regulations of the City of Friend dealing with sexually oriented businesses.

Councilman Harlan Schrock now present at 5:06 p.m.

Attorney Mike Mullally prepared Ordinance No. 06-685 for Council’s consideration.  This ordinance is similar to those recently adopted by several other communities regarding sexually oriented businesses.  Mr. Mullally informed the Council that the governmental body does not have the ability to prohibit businesses of this type, but they do have the ability to restrict where these businesses are located in the community.  In the event anyone should consider bringing a business of this type to Friend, the ordinance proposes the location be in the M-2 district.  Mr. Mullally presented to the Council copies of two studies that were conducted to review the secondary effects sexually oriented businesses have on communities.  (Copies of these studies are on file at City Hall and available for viewing during regular business hours.)  Mr. Mullally reviewed this information with the Council.  Mr. Mullally also informed the Council that the Planning Commission met in special session on January 18, 2006 to review proposed Ordinance No. 06-685 and it was their recommendation that the City Council adopt this ordinance.

Mayor Horner announced if there were no objections or further recommendations to be heard regarding Ordinance  No. 06-685, pertaining to sexually oriented businesses, the public hearing could now be closed.  Motion to close the public hearing at 5:20 p.m. was made by Schrock, seconded by Tuttle.  On roll call voting aye, Weber, Fricke, Schrock, Tuttle.  Nays none.  Motion carried.

Councilman Tuttle moved that the statutory rule requiring that ordinances be read by title on three different days be dispensed with so that Ordinance No. 06-685 might be introduced, read by title and then moved for final passage on the same day, without the same being read in full, which motion was seconded by Councilman Weber.  On roll call voting aye, Schrock, Weber, Tuttle, Fricke.  Nays none.  Motion to suspend the statutory rule, having been agreed upon by three-fourths of the members of the City Council present and acting, was by the Mayor declared passed and adopted.

Attorney Mullally introduced Ordinance No. 06-685 and read by title.

                                                        ORDINANCE NO. 06-685

AN ORDINANCE PERTAINING TO SEXUALLY ORIENTED BUSINESSES, TO ADD PROVISIONS TO THE ZONING REGULATIONS OF THE CITY OF FRIEND, NEBRASKA RELATED TO SUCH BUSINESSES, TO DEFINE CERTAIN TERMS AND TO CLASSIFY SUCH BUSINESSES, TO PROVIDE FOR THE AREAS AND LOCATIONS WITHIN THE ZONING JURISDICTION AREA OF THE CITY IN WHICH SUCH BUSINESSES MAY LAWFULLY LOCATE, TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE, TO PROVIDE FOR EXISTING BUSINESSES OPERATING IN A MANNER NOT IN CONFORMITY WITH THESE REGULATIONS, TO PROVIDE FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM, AND TO PROVIDE FOR AN EFFECTIVE DATE.

Following the reading of the title of said ordinance, Councilman Schrock made a motion that Ordinance No. 06-685 be passed, which motion was seconded by Councilman Fricke.  On roll call voting aye, Tuttle, Fricke, Weber, Schrock.  Nays none.  Ordinance No. 06-685 was passed and approved.  (Ordinance No. 06-685 may be viewed in it’s entirety at City Hall during regular business hours.)

A building permit application submitted by Art Drake was discussed.  After lengthy discussion, motion to approve the building permit application submitted by Art Drake for a building north of Mr. Drake’s business on Main Street, subject to the use of frost-free footings with a brick façade on the building being optional, was made be Councilman Fricke.  Motion was seconded by Councilman Tuttle.  On roll call voting aye, Fricke, Weber, Schrock, Tuttle.  Nays none.  Motion carried.

Discussion was had regarding John Horn’s property (former location of the bowling alley) on Maple Street.  Mayor Horner said Dixie Horn contacted him and said she would be willing to sign the deed for this property over to the City if they were interested in obtaining it.  Mayor Horner said this was not something he felt the Council should consider at this time as he has a meeting scheduled for Friday, March 3, 2006 with a representative from SENDD (Southeast Nebraska Development District) to discuss prospective sources of assistance to address this problem.  Mr. Horner requested that one or two Council members attend this meeting.  Councilman Schrock said he would attend.  Councilman Tuttle or Councilman Weber will also attend.

Attorney Mullally said he had been in contact with the individual that purchased the building north of the former Animal Clinic and discussed the possibility of the City purchasing this property from him.  Mr. Mullally told this individual that the City has been considering the possibility of clearing the property damaged by the fire, then selling it to a prospective developer.

Mr. Mullally said there is a statute that would allow the City to clear off the property, send John Horn his portion of the bill, then sue if the bill is not paid within two months and get a civil judgment.  If the City would choose to cleanup this property and pursue getting a judgment, the City would have an estimated $16,000-$18,000 bill.  Mr. Mullally said he obtained a Limited Title Report from Nebraska Title Company and found that John and Cheryl Horn are joint owners of 412 Chestnut, which is currently for sale.  Mr. Mullally said he doesn’t know what the asking price on the house is, but this could be a potential collection possibility for the City to recover costs expended on this project.  However, even if the City would collect this money, the City would not own the property.  After further discussion, the Mayor and Council chose to postpone any decisions regarding this until after Mayor Horner’s meeting with Terry Meier from SENDD.

With no further business to come before the Council, motion to adjourn the meeting was made by Tuttle, seconded by Weber.  On roll call voting aye, Tuttle, Fricke, Weber, Schrock.  Nays none.  Meeting adjourned at 5:55 p.m.