04/04/2006 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
APRIL 4, 2006
Mayor Horner 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, Roger Horner, presided and City Clerk, Debbie Gilmer, recorded the proceedings. The following Councilmembers were present: Dan Fricke, Gary Tuttle, Dustin Weber and Harlan Schrock. A quorum being present and the meeting duly convened, the following proceedings were had and done.
Mayor Horner announced that he wanted to recognize some individuals who came to the aid of a little girl during an incident that occurred on March 10, 2006 by presenting them with a plaque as a token of appreciation. On behalf of the community of Friend, the Friend City Council, and the Friend Police Department, Mayor Horner presented citizenship awards to Dacia Gill, Kalyssa Hoefer, Kyle Goplin, Mark Bruntz and David Sladek.
Motioned by Tuttle, seconded by Fricke to approve the Minutes of the March 7, 2006 regular meeting, the March 14, 2006 special meeting, the March 2006 Treasurer's Report, and the February 2006 Warren Memorial Hospital Financial Reports as presented and file same. On roll call voting aye to approve the Minutes of the March 7, 2006 regular meeting, the March 14, 2006 special meeting, the March 2006 Treasurer's Report, and the February 2006 Warren Memorial Hospital Financial Reports, Schrock, Tuttle, Fricke. Nays Weber. Motion carried.
A motion was made by Weber, 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, Tuttle, Schrock, Fricke, Weber. Nays none. Motion carried.
The claims approved were as follows: March Payroll, 16,658.80, Ameritas, 1135.49, 1st Natl, 5281.79; Alltel Comm, se. 984.20; Alternative Business Systems, fe. 61.63; Baker & Taylor, su. 59.91; Barco Muni Products, su. 113.30; Central States Labs, su. 15,921.65; LaRaine Cihak, re. 86.28; Crete Lumber, su. 152.94; Crete True Value, su. 75.68; Culligan, su. 83.00; D&D Comm, se. 6.00; Diamond Lake Books, su. 101.70; EDM, su. 85.60; Eakes, su. 726.22; Exeter Lumber, su. 42.40; Farmer's Union Coop, su. 1971.33; First Natl, fe. 15.00; Galaxy, se. 38.95; Gene's Elec, se. 4,156.61; Hometown Leasing, se. 50.83; J&J Mobil, se. 39.20; Johnson Pharmacy, su. 9.27; Greg Johnson-Ent., se. 250.00; Dr. Edward Keller, su. 14.00; Chris Michl, se. 296.00; Michael Mullally, fe. 1620.00;
Mayor Horner announced that the public hearing for the purpose of hearing comments relating to the City’s acquisition of the bowling alley property was now open at 7:05 p.m. Mayor Horner also announced that the public hearing for the purpose of hearing comments relating to short form subdivisions was now open at 7:05 p.m.
Mike Mullally, Friend City Attorney, said he met John Horn in
Discussion was had regarding short form subdivisions. Council reviewed the minutes from a Planning Commission meeting that was held on March 29th. In the meeting minutes, the Planning Commission recommended that the Friend City Council approve proposed Ordinance #06-688.
Mayor Horner announced that if there were no further comments relating to the short form subdivisions, it was time to close the public hearing. Councilman Tuttle made a motion to close the public hearing relating to short form subdivisions. This motion was seconded by Councilman Fricke. On roll call voting aye, Schrock, Tuttle, Fricke, Weber. 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. 06-688 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, Fricke, Schrock, Tuttle, Weber. 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.
Mayor Horner read Ordinance No. 06-688 by title.
ORDINANCE NO. 06-688
AN ORDINANCE TO AMEND SECTION 11-212 OF THE MUNICIPAL CODE RELATED TO SUBDIVISIONS OF EXISTING LOTS AND BLOCKS WITHIN THE CITY LIMITS; TO CHANGE TERMINOLOGY AND DEFINITIONS; TO SET FORTH THE CONDITIONS UNDER WHICH SUCH SUBDIVISIONS WOULD BE ALLOWED AND TO SPECIFY THE APPLICATION AND REVIEW PROCEDURE FOR SUCH SUBDIVISIONS; TO REPEAL ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; TO ALLOW FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM; AND TO PROVIDE FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
Section A. That Section 11-212 of the Municipal Code of the City of Friend, Nebraska, presently entitled SHORT FORM SUBDIVISIONS; PROCEDURES, is hereby amended as follows:
Section 1. Subdivisions of Existing Lots and Blocks. The City Council is authorized to approve further subdivisions of existing lots and blocks whenever all required public improvements have been installed, no new dedication of public rights-of-way is involved, and such subdivision complies with the existing ordinance requirements concerning minimum areas and dimensions of such lots and blocks, if the following conditions are met:
1. The subdivision does not involve the dedication of public rights-of-way or easements.
2. The subdivision involves the replatting, consolidation or development of one or more lots into not more than four (4) lots.
3. The subdivision would not require the vacation of any occupied utility easements.
4. In the opinion of the Council, upon advice of the Planning Commission, the plat is not contrary to the comprehensive plan or other plans for the area.
Section 2. Application for Subdivision Approval. An application for subdivision approval under this ordinance shall be submitted to the Building Inspector. The following shall be submitted with the application.
1. Application and review fee of $100 for each lot or block to be subdivided payable to the City Clerk must accompany all applications.
2. Survey results and a surveyor drawing of the lot or block to the subdivided performed by a licensed surveyor.
3. Any additional and applicable information as may be required by the Building Inspector.
Section 3. Review. Upon filing, the Building Inspector shall forward the application and supplemental information to the Planning Commission for its recommendation. The Planning Commission may seek input from the City Utilities Superintendent, the
Section 4. Action. The Planning Commission shall forward the application with its recommendations, if any, to the Council. The Council shall approve or disapprove the application.
Section 5. Planning Commission and City Council Review and Action. If the application under this ordinance does not qualify for approval or has been disapproved by the Council, an application for subdivision shall be submitted in accordance with Section 11-201 through 11-211 of the Municipal Code.
Section 6. Deed Filing; Filing Fees. The Applicant shall be solely responsible for filing all instruments necessary to convey title or otherwise accomplish the purposes for which the application was originally submitted in the Register of Deeds’ office in
Section B. That the title of Section 11-212, presently entitled SUBDIVISION
REGULATIONS; SHORT FORM SUBDIVISIONS; PROCEDURES is hereby amended and shall hereinafter be titled as SUBDIVISION REGULATIONS, SUBDIVISIONS OF EXISTING LOTS OR BLOCKS; PROCEDURES.
Section C. That all ordinances and parts of ordinances in conflict herewith are hereby specifically repealed.
Section D. Should any section paragraph, sentence, or word of this Ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Mayor and Council of the City of Friend, Nebraska, that it would have passed all other portions of this Ordinance independent of the elimination hereof of any such portion as may be declared invalid.
Section E. This Ordinance shall take effect after its approval, passage, and publication in pamphlet form according to law.
Following the reading of the title of said ordinance, Councilman Schrock made a motion that Ordinance No. 06-688 be passed, which motion was seconded by Councilman Weber. On roll call voting aye, Schrock, Tuttle, Weber, Fricke. Nays none. Ordinance No. 06-688 was passed and approved.
Mayor Horner told the Council that, with their approval, he will be appointing individuals to serve on a “Task Force” to focus on cleanup efforts of the property damaged by the fire. Mayor Horner met with the Friend Industrial Development Committee and there are individuals on this committee that have volunteered to be part of this task force. Motion was made by Councilman Fricke, seconded by Councilman Schrock, to authorize Mayor Horner to appoint individuals to serve on a “Task Force” to focus on cleanup efforts of the property damaged by the fire in the downtown area of Friend. On roll call voting aye, Weber, Tuttle, Fricke, Schrock. Nays none. Motion carried.
Patrick Gates, Utilities Superintendent, reported on the truck wash facility he discussed with the Council at the last meeting. He said samples from this process were submitted to the Nebraska Department of Environmental Quality for testing. The NDEQ calculated that this facility would contribute10 to 20 percent of the entire load going into the wastewater plant, which is currently running between 70 and 80 percent. The NDEQ recommended that the City Council not approve this truck wash facility.
Patrick Gates said the remaining concrete panels needing to be replaced at the Palky Subdivision will be replaced starting tomorrow.
Patrick Gates provided the Council with a list of applicants for the swimming pool. He said there were two applicants interested in management positions. These individuals are experienced guards and are familiar with management responsibilities. Mr. Gates will interview both of these individuals and would like to consider the possibility of these individuals co-managing the pool this summer. Patrick told the Council that, with their approval, he would like to hire all applicants listed. Council discussed and approved the list submitted by Gates.
Mayor Horner told Patrick Gates that he has been made aware of individuals needing to serve community service hours. Patrick told Mayor Horner that he had met with Mark McFarland and discussed some projects for these individuals.
Police Chief, Mark McFarland gave the Police Report for the month of March 2006. (Copy of this report is attached.)
Building Inspector, Mark Stutzman, gave his report for the month of March 2006.
Mayor Horner introduced Terry Meier from the Southeast Nebraska Development District. Mr. Meier said he prepared a proposal for the Community Development Assistance Act Program administered through the Nebraska Department of Economic Development for cleanup assistance at the fire site on
Terry Meier reviewed the following resolution that was submitted to the Council for their review and approval regarding the Community Development Assistance Act.
RESOLUTION #06-03
Certification of Local Government Review
Whereas: The Community Development Assistance Act (CDAA) was created in 1985 by the Nebraska Legislature to encourage financial support by businesses to community betterment organizations in their efforts to implement community service and development projects in chronic economically distressed areas; and,
Whereas: The City of Friend, Nebraska is a Community Betterment Organization authorized to file an application with the Nebraska Department of Economic Development for Community Development Assistance Act tax credits, and
Whereas: The Nebraska Department of Economic Development has officially designated the City of
Whereas: The project for which CDAA tax credits are being requested satisfies at least one (1) of the established state priorities for program eligibility; and,
Whereas: The City of Friend,
NOW, THEREFORE BE IT RESOLVED BY THE FRIEND CITY COUNCIL, that,
The Friend City Council has reviewed the CDAA proposal to the Nebraska Department of Economic Development and has determined that the planned Friend Downtown Clearance Project is consistent with the community development plan adopted for the City of
Motion was made by Councilman Fricke, seconded by Councilman Tuttle to adopt Resolution #06-03 regarding Community Development Assistance Act (CDAA). On roll call voting aye, Weber, Fricke, Schrock, Tuttle. Nays none. Motion carried.
Terry Meier discussed Tax Increment Financing. Mr. Meier explained that with Tax Increment Financing, you can use the difference of what the property is currently appraised at, versus the appraised value it would be with a new building on it, to make improvements to a particular area. The first step toward this is a blight determination study. Discussion was had regarding Blight Determination Study Proposals submitted to the Council. Proposals were received from Hanna:Keelan Associates, P.C. and Olsson Associates. Mr. Meier said he has worked with each of these firms and he feels both firms do an outstanding job. Discussion was had regarding the defined zone that the proposals were based on. Concerns were expressed that the zone should be reviewed and possibly enlarged. No action was taken at this time.
Scott Gropp attended the meeting. Lengthy discussion was had regarding the status of the cleanup and the measures that have already been taken to this point. It was decided that a special meeting should be scheduled involving the property owners, Mayor Horner, Attorney Scott Gropp, Attorney Mullally, Councilman Weber and Jim Ryan, to discuss this further. This meeting will be Thursday, April 13th at 4:00 p.m. at City Hall.
Stan Kraus reviewed proposals received for fire apparatus. One proposal was received from Danko Emergency Equipment Company and one was received from Ed M. Feld Equipment Company, Inc. Mr. Kraus said it was the recommendation of the Truck Committee that the proposal from Danko Emergency Equipment Company be approved. After discussion, Councilman Fricke made a motion to accept the proposal for fire apparatus submitted by Danko Emergency Equipment Company and to approve this purchase. Motion was seconded by Councilman Weber. On roll call voting aye, Schrock, Tuttle, Fricke, Weber. Nays none. Motion carried.
Stan Kraus told the Council that there are a few individuals that are interested in becoming members of the Friend Fire Department. As per the Friend Municipal Code, the Fire Chief shall appoint no more than twenty-five (25) members for each Fire Department Company. Allowing these individuals to become members of the department would put the membership over 25. Mike Mullally provided copies of Nebraska Statutes 35-101 and 35-102. According to these statutes, each company at a fire department is allowed to have a maximum of 25 members. Mr. Mullally spoke with Fire Chief, Brent Milton, and it was his recommendation that they consider splitting the department into separate companies so that they could have up to 25 members in each company. Mr. Mullally advised the Fire Department to amend their Bylaws to create two companies to reflect this so the department could at any one time have up to 50 members without any problems.
Mayor Horner announced that if there were no further comments relating to the acquisition of the bowling alley property, it was time to close the public hearing. Councilman Tuttle made a motion to close the public hearing relating to the acquisition of the bowling alley property. This motion was seconded by Councilman Fricke. On roll call voting aye, Schrock, Tuttle, Fricke, Weber. Nays none. Public hearing was closed at 8:30 p.m.
Councilman Tuttle made a motion to authorize the acquisition of the property formerly know as Friendly Lanes with the terms that this acquisition include no exchange of money, that the City would assume responsibility for paying the taxes on the property, and that the City would be responsible for the cleanup. This motion was seconded by Councilman Weber. On roll call voting aye, Schrock, Weber, Tuttle, Fricke. Nays none. Motion carried.
Stan Houlden attended the meeting to inquire about City property located at 3rd and Spring. Mr. Houlden said he has been approached by individuals interested in possibly having a duplex built on this property and wanted to know if the City would consider selling this lot. Council discussed and requested that Mayor Horner discuss this further with Attorney Mullally to ensure that the proper steps are taken to sell this property.
With no further business to come before the Council, motion to adjourn the meeting was made by Tuttle, seconded by Fricke. On roll call voting aye, Weber, Schrock, Tuttle, Fricke. Nays none. Meeting adjourned at 8:40 p.m.