08/13/2020 Special Meeting
FRIEND CITY COUNCIL
MINUTES-SPECIAL MEETING
August 13, 2020
Mayor Knoke called the special meeting of the City Council to order at 6:00 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.
Mayor Judith Knoke presided, and City Clerk Kim Goossen recorded the proceedings. The following Councilmembers were present: Phyllis Ryan, Stan Krause, and Harlan Schrock. Shane Stutzman was absent. 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 Knoke 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 Knoke announced that public comments would be received at this time. No comments were offered.
Mayor Knoke presented and read by title proposed Resolution #20-07.
RESOLUTION No. 20-07
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA, APPROVING THE APPLICATION OF THE FRIEND AMERICAN LEGION FORD BANKA POST #183, FOR A SPECIAL DESIGNATED PERMIT UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL LIQUOR AND BEER AT AN EVENT TO BE HELD ON AUGUST 29, 2020 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 TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. AND 1:00 A.M., PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion was made by Krause, seconded by Schrock to approve Resolution #20-07 approving the application of the Friend American Legion Ford Banka Post #183 for a Special Designated Permit for their August 29, 2020 event. On roll call voting aye, Ryan, Schrock, Krause. Nays none. Resolution #20-07 was passed and approved this 13th day of August 2020.
Mayor Knoke presented for the first of three readings, Ordinance #20-765.
ORDINANCE NO. 20-765
AN ORDINANCE TO AMEND CHAPTER 91: ANIMALS OF THE MUNICIPAL CODE OF THE
Section 1. Chapter 91 of the Municipal Code of the City of Friend, Nebraska is amended as follows:
§ 91.002 RUNNING AT LARGE.
(A) It shall be unlawful for the owner of any cow, hog, horse, mule, sheep, goat, dog, cat, chicken, turkey, or goose to permit the animal to run at large at any time on any of the public ways and property or the property of another in the city or to be tethered or staked out in a manner so as to allow the animal to reach or pass into any public way or property or any property of another.
(B) Any animal found running at large or tethered or staked out in violation of this section is a public nuisance and may be impounded or destroyed as provided in this chapter.
(C) Nothing in this section shall be construed to permit anyone to own an animal in the corporate limits of the city that is prohibited by the City Council.
(1999 Code, § 6-201) Penalty, see § 91.999
Statutory reference:
Authority to regulate, see Neb. RS 17-526 and 17-547
Fine for permitting collarless dog to run at large, see Neb. RS 54-607
DOGS AND CATS
§ 91.035 LICENSE.
Any person who shall own, keep or harbor a dog or cat over the age of six months within the municipality shall within 30 days after acquisition of the animal acquire a license for each animal annually by or before January 1 of each year. The tax shall be delinquent from and after January 10; provided, the possessor of any animal brought into or harbored within the corporate limits subsequent to January 1 of any year, shall be liable for the payment of the animal tax levied herein and the tax shall be delinquent if not paid within ten days thereafter. Licenses shall be issued by the Municipal Clerk upon the payment of a license fee of $10.00, except that for licenses obtained for the last half of the license year; if no license was required for the first half of the year, the license fee is $5.00, a portion of which shall be remitted by the City Treasurer to the state in an amount as required by state law for contribution to the Commercial Dog and Cat Cash Fund. The license shall not be transferable and no refund will be allowed in case of death, sale or other disposition of the licensed dog. The owner shall state at the time the application is made and upon printed forms provided for the purpose, his or her name and address and the name, breed, color and sex of each animal owned and kept by him or her. A certificate that the animal has had a rabies shot, effective for the ensuing year of the license shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown.
(1999 Code, § 6-101) (Ord. 03-635, passed 7-1-2003; Ord. 10-712, passed 7-6-2010) Penalty, see § 91.999
§ 91.037 LICENSE TAGS.
The Municipal Clerk shall keep a record of each license issued by him or her including the name of the dog or cat or other means of identification, the name of its owner, the amount of fee collected and the expiration date of the license. The licenses shall be numbered consecutively beginning with one in each municipal year. Upon the payment of the license fee, the Municipal Clerk shall issue to the owner of each animal a license certificate and a metallic tag for each animal so licensed. The metallic tags shall be properly attached to the collar or harness of all animals so licensed and shall entitle the owner to keep or harbor the animal until April 30 following the licensing. In the event that a license tag is lost and upon satisfactory evidence that the original plate or tag was issued in accordance with the provisions herein, the Municipal Clerk shall issue a duplicate or new tag for the balance of the year for which the license tax has been paid and shall charge and collect a fee set by resolution of the governing body for each duplicate or new tag so issued. All license fees and collections shall be immediately credited to the General Fund. It shall be the duty of the Municipal Clerk to issue tags of a suitable design that are different in appearance each year.
(1999 Code, § 6-103)
§ 91.038 OWNER DEFINED.
Any person who shall harbor or permit any dog or cat to be for ten days or more in or about his or her house, store or enclosure, or to remain to be fed, shall be deemed the owner and possessor of the dog or cat and shall be deemed to be liable for all penalties herein prescribed.
(1999 Code, § 6-104) Penalty, see § 91.999
§ 91.039 RUNNING AT LARGE.
It shall be unlawful for the owner of any dog or cat to allow that animal to run at large at any time within the corporate limits of the municipality. RUNNING AT LARGE shall mean any dog or cat found off the premises of the owner, and not under control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint. Every dog or cat found running at large in violation of this section is declared to be a public nuisance and shall be picked up by the Police Chief or dogcatcher or other person authorized by him or her and impounded. In the event the animal is licensed, the police shall immediately notify the licensed owner that the animal has been impounded and that the owner shall have 48 hours in which to reclaim the animal. The owner may reclaim the animal upon payment of a $20 penalty for permitting the animal to run at large, and payment of the impoundment fee, if any, as regularly charged by the person with whom the animal is impounded. Any animal remaining unclaimed for a period of 48 hours shall be disposed of by the Police Chief pursuant to § 91.045.
(1999 Code, § 6-105) (Ord. 03-636, passed 7-1-2003) Penalty, see § 91.999
§ 91.043 BARKING AND OTHER OFFENSIVE SOUNDS.
(A) It shall be unlawful for the owner to allow a dog or cat to annoy or disturb any neighborhood or person by loud, continued or frequent barking, howling, screeching, hissing, or yelping or to habitually bark at or chase pedestrians, drivers or owners of horses or vehicles while they are on any public sidewalks, streets or alleys in the city.
(B) Upon the written complaint of two or more affected persons from different households, filed within any 30-day period with the City Clerk or animal control officer, that any dog owned by the person named in the complaint is an annoyance or disturbance, or otherwise violates the provisions of this section, the city police or animal control officer shall investigate the complaint and, if in his or her opinion the situation warrants, notify the owner to silence and restrain the dog.
(C) The provisions of this section shall not be construed to apply to any city animal shelter.
(1999 Code, § 6-114) Penalty, see § 91.999
Statutory reference: Authority to guard against annoyances, see Neb. RS 17-526
§ 91.045 IMPOUNDING; RELEASE.
(A) (1) The rabies control authority may authorize an animal pound or pounds or may enter into a cooperative agreement with a licensed veterinarian for the establishment and operation of a pound.
(2) Any dog or cat found outside the owner’s premises whose owner does not possess a valid certificate of rabies vaccination and valid rabies vaccination tag for the animal shall be impounded. The rabies control authority may require the impoundment of domestic or hybrid animals other than dogs and cats. All impounded animals shall be given proper care, treatment and maintenance. Each impounded animal shall be kept and maintained at the pound for a period of not less than 72 hours unless reclaimed earlier by the owner.
(3) Notice of impoundment of all animals, including any significant marks of identification, shall be posted at the pound as public notification of impoundment. Any unvaccinated domestic or hybrid animal may be reclaimed by its owner during the period of impoundment by payment of prescribed pound fees and by complying with the rabies vaccination requirement of this subchapter within 72 hours of release. Any vaccinated domestic or hybrid animal impounded because its owner has not presented a valid certificate of rabies vaccination and a valid rabies vaccination tag for the domestic or hybrid animal by be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release.
(4) At the expiration of impoundment, a domestic or hybrid animal may be claimed by payment of established pound fees and by compliance with the rabies vaccination requirement of this subchapter within 72 hours of release. If the domestic or hybrid animal is unclaimed at the end of five days, the authorities may dispose of the domestic or hybrid animal in accordance with applicable laws or rules and regulations.
(Neb. RS 71-4408)
(B) Impoundment fees shall be paid by the owner. Fees for impoundment at public facilities shall be established by the rabies control authority.
(Neb. RS 71-4411)
(1999 Code, § 6-116)
§ 91.046 LIMIT ON NUMBER OF DOGS AND CATS OWNED.
It shall be unlawful for any person to own, keep, harbor or permit to be kept upon any premises occupied or under the person’s charge, a combined total of more than four dogs or cats over the age of six months at any one time; provided, however, the provisions of this section shall not apply to any humane society, animal shelter, animal research facilities, animal hospitals or boarding kennels operated by veterinarians duly licensed under the laws of the state. The combined total number of adult dogs or adult cats per residential or dwelling unit in the City shall not exceed four adult animals. Provided however, the offspring of any dog or cat shall not count toward the maximum number of dogs or cats allowed, for a period of four months after the birth of said offspring.
(1999 Code, § 6-119) (Ord. 03-634, passed 7-1-2003) Penalty, see § 91.999
RABIES
§ 91.075 RABIES SUSPECTED; IMPOUNDMENT.
Any dog or cat suspected of being afflicted with rabies, or any dog or cat not vaccinated in accordance with the provisions of this chapter which has bitten any person and caused an abrasion of the skin, shall be seized and impounded under the supervision of the Board of Health for a period of not less than ten days. If upon examination by a veterinarian, the animal has no clinical signs of rabies at the end of the impoundment, it may be released to the owner, or, in the case of an unlicensed animal, it shall be disposed of in accordance with the provisions herein. If the owner of the animal has proof of vaccination, it shall be confined by the owner or some other responsible person for a period of at least ten days, at which time the animal shall be examined by a licensed veterinarian. If no signs of rabies are observed, the animal may be released from confinement.
(1999 Code, § 6-117)
Section 2. All ordinances or parts of ordinances passed and approved prior to the passage of this ordinance and which are in conflict with the provisions of this ordinance are hereby repealed.
Section 3. This ordinance shall be in full force and effect and after its passage, approval and either posting or publication in pamphlet form as provided by law.
Clay Peterson, representing EMC/Inspro Insurance, attended the meeting to go over the renewal summary. Motion by Schrock, second by Krause to renew the City of Friend’s insurance policy with EMC/Inspro Insurance. On roll call voting aye, Ryan, Krause, Schrock. Nays none. Motion carried.
Mayor Knoke announced her recommendation to the Council of Michael Karel, PA-C to the Health Board. Motion to accept Mayor Knoke’s recommendation of Michael Karel, PA-C to the Health Board was made by Krause, seconded by Schrock. On roll call voting aye, Ryan, Schrock, Krause. Nays none. Motion carried.
Motion made by Schrock, seconded by Krause, to approve Plan Review Fees to Nebraska DHHS, for Lamp Rynearson’s Request of Construction Plan Review and Approval. On roll call voting aye, Ryan, Krause, Schrock. Nays none. Motion carried.
Billy Baugh provided a map with areas of sewer cleaning done back in 2018. There are several areas in very bad shape and will need attention. Billy will get more information from Johnson Service as to cost of options to repair/replace. Billy also reviewed a Construction Cost estimate provided by Kirkham Michael from July 2019 for portions of Second and Sixth Streets and a major part of Fifth Street. No action taken at this time.
No further business to come before the City Council, motion was made by Schrock, seconded by Krause, to adjourn the meeting. On roll call voting aye, Ryan, Krause, Schrock. Nays, none. Motion carried. Meeting adjourned at 6:43 p.m.