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03/14/2006 Special Meeting

FRIEND CITY COUNCIL

MINUTES-SPECIAL MEETING

MARCH 14, 2006

Mayor Horner called the special meeting of the City Council to order at 5:05 p.m. at the City Hall.  Advance notice of the meeting was given by posting in three public places in the community.  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:  Dustin Weber, Gary Tuttle, and Harlan Schrock.  Dan Fricke was absent.  A quorum being present and the meeting duly convened, the following proceedings were had and done.

Mayor Horner discussed the status of the former bowling alley property.  Horner told the Council that he had been contacted by John Horn.  According to Mayor Horner, John Horn said the outcome of his hearing would determine whether or not he would be able to pay the taxes due on this property.  Mayor Horner said the judgment lien has not yet been released from this property, but Attorney Mullally is working on getting this done.  Once this lien is released, Mayor Horner said the Council could take action to accept the deed from Horn.  However, Mayor Horner said if the Council would choose to begin the process of getting the property deeded to the City before the lien is released, they could motion to accept the deed with certain terms or conditions.  Mayor Horner suggested the Council consider accepting the deed dependent on Horn’s sentencing, or possibly choosing to accept the deed, as well as the financial responsibility of the taxes due on the property.

Mayor Horner told the Council that he spoke with Terry Meier from SENDD (Southeast Nebraska Development District) today and said Mr. Meier is drafting paperwork for Council’s consideration at the April meeting regarding programs through SENDD for available financial assistance for projects such as this.

Mayor Horner said he plans to attend a meeting of the Friend Industrial Development Committee next week to discuss the possible formation of a task force that will concentrate on the project of cleaning up the property affected by the June 2005 fire.  Mayor Horner said members of this task force will include some Councilmembers, some members of the Friend Industrial Development Committee, individuals that suffered a loss as a result of this fire, and individuals that might be interested in developing the area.  Horner said one of the reasons he wants the Friend Industrial Development Committee involved is that there is a possibility that CDBG funds may be considered as a financial source for this project.

Mayor Horner told the Council that Attorney Mullally informed him it was at their discretion as to whether or not they wanted to make a motion to start the paperwork for getting the property deeded over to them.  Councilman Weber asked if this action should wait until after the task force is appointed so their input can be considered.  Mayor Horner said he didn’t feel input from the task force was necessary at this point.  Horner said the individuals that will make up this group are already aware that it is his and the City Council’s objective to acquire the property.

Councilman Tuttle said that once the judgment lien is released on the bowling alley property, he feels the Council should accept the deed, as well as the financial responsibility of the taxes due.  An audience member asked about the old bank building on the corner.  He wanted to know if this building was in a condition that it could be fixed up and made livable, or was the damage it sustained so extreme that it should be condemned.  Discussion was had about the possibility of condemning this building.  Councilman Schrock asked Mayor Horner if there has been a counteroffer made or any negotiating with the property owner about acquiring this property.  Mayor Horner stated that no negotiating has been done at this time, as all focus has related to issues with the bowling alley property.

At this time, Mayor Horner asked the Council if they wanted to take action on this or if they wanted to wait until the April meeting.  Mayor Horner said the paperwork needs to begin at some point, so it was his suggestion that a motion be made that would include conditions as recommended by Attorney Mullally.  Councilman Tuttle made a motion that the City of Friend accept the offer of John Horn to deed to the City of Friend, the property formerly know as Friendly Lanes with the condition that the judgment lien currently on this property is released, and the City of Friend agrees to pay for unpaid property taxes on this property.  This motion was seconded by Councilman Weber.  On roll call voting aye, Schrock, Weber, Tuttle.  Nays none.  Fricke absent.  Motion carried.

Discussion was had regarding a proposed paving district for 5^th Street from Race to Edward Street.  Councilman Tuttle said he spoke with John Palky and informed him that if he and Greg Ricenbaw agree to pay for the paving, creating a paving district will not be necessary.  Pat Gates said the City would hire the contractor and the property owners would pay the City upon completion.  He said there should be a written agreement for this with John Palky and Greg Ricenbaw.  Discussion was had regarding the intersection and  who would pay for that.  No action was taken regarding this at this time.

Mayor Horner introduced the following.

ORDINANCE NO. 06-686

AN ORDINANCE PROVIDING FOR THE CLOSING AND VACATING OF CERTAIN STREETS AND ALLEYS WITHIN THE CITY OF FRIEND, THE SAME BEING REGULARLY ESTABLISHED AND PLATTED STREETS AND ALLEYS WITHIN THE CITY; TO PROVIDE FOR THE CONDITIONS UNDER WHICH THE STREETS AND ALLEYS ARE TO BE VACATED; TO RESERVE EASEMENTS FOR UTILITY PURPOSES; TO PROVIDE FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM; TO PROVIDE FOR A TIME WHEN THIS ORDINANCE SHALL TAKE EFFECT.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA;

Section 1. Street and Alleys Vacated. The following street or portions of streets, and alleys or portions of alleys, more particularly described as follows:

Summer Street, commencing at the north boundaries of Lot 19, Block 5 and Lot 4, Block 6 of L. E. Southwick’s Second Addition, and running thence south to the southern boundaries (as extended) of Lot 17, Block 5 and Lot 6, Block 6 of L. E. Southwick’s Second Addition.

Alley commencing at 6th Street, and running thence south to the southern boundaries (as extended) of Lots 17 and 6, Block 6 of L. E. Southwick’s Second Addition.

Alley commencing at 6th Street and running thence south to the southern boundaries (as extended) of Lots 17 and 6, Block 5 of L. E. Southwick’s Second Addition.

all as originally platted, are hereby vacated and closed in accordance with the laws of the State of Nebraska, subject to the conditions set forth herein, in connection with the vacation and closing of streets and the City Clerk is hereby authorized, empowered, and directed to certify the same to the Register of Deeds of Saline County, Nebraska and to designate upon the official map of the City of Friend the closing and vacating thereof.

Section 2. Public Interest. It is deemed advantageous and in the public interest, safety, welfare, and convenience to vacate and close said street or portions thereof, and that upon vacation and closing, said street and alleys so vacated shall revert to the owner or owners of lots or lands abutting the same, one-half on each side thereof and shall become a part of said property in proportion to the respective ownerships of such lots or grounds.

Section 3. Reservation of Easement. The City of Friend retains the right to maintain, operate, repair, and replace by itself or by any licensee or agent any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility now located in any street or portions thereof vacated and closed by this Ordinance.

Section 4. Pamphlet Form: Publication When Operative. This ordinance shall be published in pamphlet form and shall be in full force and effect and after its passage, approval and publication as provided by law and City Ordinance.

After discussion regarding the closing of these alleys and a portion of Summer Street, 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. 06-686 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 Schrock.  On roll call voting aye, Weber, Tuttle, Schrock.  Nays none.  Fricke absent.  Motion to suspend the statutory rule, having been agreed upon by two-thirds of the members of the City Council present and acting, was by the Mayor declared passed and adopted.

Following the reading of the title of said ordinance, Councilman Weber made a motion that Ordinance No. 06-686 be passed, which motion was seconded by Councilman Tuttle.  On roll call voting aye, Weber, Tuttle, Schrock.  Nays none.  Fricke absent.  Ordinance No. 06-686 was passed and approved. 

Mayor Horner introduced the following.

                                                        ORDINANCE NO. 06-687

AN ORDINANCE to repeal Section 11-212(2) of the Municipal Code of the City of Friend, Nebraska related to Short-Form Subdivisions.

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

Section 1.  That Section 11-212(2) of the Municipal Code of the City of Friend, Nebraska related to Short-Form Subdivision Application and Approval, is hereby repealed.

Section 2.  Any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions is repealed.

Section 3.  This ordinance shall take effect and be in full force from and after its passage, approval, and publication in pamphlet form as required by law.

Discussion was had regarding repealing this section.  Patrick Gates asked what happens if this section is repealed and nothing is adopted to replace it.  If the section regarding the short form subdivisions is repealed, and someone wants to sell five feet of their property, according to the Friend City Code, the regulations for a regular subdivision will need to be followed.

It was decided to have the Planning Commission meet at their earliest convenience to discuss short form subdivision regulations to replace Section 11-212(2) of the Municipal Code of the City of Friend.

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. 06-687 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 Schrock.  On roll call voting aye, Tuttle, Schrock.  Nays Weber.  Fricke absent.  Motion to suspend the statutory rule, having been agreed upon by two-thirds of the members of the City Council present and acting, was by the Mayor declared passed and adopted.

Following the reading of the title of said ordinance, Councilman Schrock made a motion that Ordinance No. 06-687 be passed, which motion was seconded by Councilman Tuttle.  On roll call voting aye, Tuttle, Schrock.  Nays Weber.  Fricke absent.  Ordinance No. 06-687 was passed and approved. 

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