Regular Meeting
March 18, 2008
The
Mayor and Council of the City of Fairbury met in regular session in the
Council Chambers located at 612 D Street, Fairbury, Nebraska, on the 18th
day of March, 2008, at 7:30 p.m. Mayor LaVeda L. Fry called the meeting to
order.
Notice of meeting was given in advance thereof by publication in the
Fairbury Journal News, Fairbury, Nebraska, the designated method of giving
notice, as shown by affidavit of publication. The Open Meetings Act was
posted in the meeting room as required by law.
Roll call found the following Council Members present: Brown, Friesen,
Byrd, Trimm, Nelson, Bender, Schacht, and Polson.
Mayor Fry called for the submittal of forms to request future agenda items.
No forms were submitted during the meeting.
Mayor Fry read the Consent Agenda:
1.
Approval of the minutes of the regular meeting of March 4, 2008.
2.
Approval of the minutes of the special meeting of March 11, 2008.
3.
Approval of claims.
4.
Approval of the February 2008 Reconciliation Report.
Trimm made a motion to approve the Consent Agenda. Motion seconded by
Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht,
and Polson voted “yes.” Motion carried.
City Attorney Tobias Tempelmeyer, along with City of Beatrice Building
Official John Riggs, addressed the City Council in regards to the housing
inspection plan and the International Property Maintenance Code (IPMC).
Both individuals provided a review of how the City of Beatrice uses the IPMC
as part of their housing inspection program. Tempelmeyer made a
presentation on the typical conditions of houses that are addressed by the
Code, provided information on case law and state statutory authority
relevant to this type of program, and also reviewed how the City of Fairbury
currently addresses nuisance properties in the City Code of Ordinances.
Tempelmeyer then highlighted the differences between our current approach to
nuisances in the City Code of Ordinances and what is contained in the IPMC.
Fry asked if Beatrice had dealt with any houses that people were living in.
Riggs responded yes, but usually not. Trimm asked Riggs if he was a full
time Building Official. Riggs responded yes, but he had other duties other
than enforcement of IPMC. Trimm asked what happens if you can’t collect
abatement costs from the owner. Riggs responded that the City needs to
cover the costs, but can assess to the property to attempt to recover the
costs. Brown asked if Beatrice had to deal with individuals using the
complaint process to bother neighbors as opposed to a genuine complaint.
Riggs responded that this can occur, but that the Building Official can work
through the complaints and focus solely on those that have merit. Bender
asked about how the timing of the 30 day notice procedure worked. Riggs
stated that it began with the date on the letter, which is sent by certified
mail, but that Beatrice works with property owners beyond the 30 day limit
if circumstances justify it. Tempelmeyer recommended that the codes be kept
intact, that the Council not consider eliminating certain sections from the
IPMC prior to adoption. Riggs followed up that enforcement can be done on a
selective basis. Trimm asked how many inspections are complaint driven.
Riggs stated that in Beatrice, approximately half of inspections are based
on citizen complaints, while 50% are based on staff initiative. Tempelmeyer
stated that the most important thing, if the City Council is to implement
the IPMC, is that the Council must fully support and back the Building
Official and City Attorney in the process. Otherwise, the program will not
be successful. Trimm asked how much staff time is involved in Beatrice to
enforce the IPMC. Riggs stated that 3 individuals spend approximately half
of their time each in enforcing the IPMC in Beatrice, but would not venture
to guess how much time would be required to implement the program in
Fairbury. Bender asked how Beatrice enforces the pool enclosure section of
the IPMC. Riggs stated that Beatrice enforces the code in this area now,
though it did not previously. Riggs further stated that the code is only
used in regards to permanent pools and ponds, but not temporary pools.
There being no further questions, Mayor Fry moved on to the next agenda
item.
Globe Rexall requested two (2) fifteen minute parking spaces be placed near
their business, one at 424 E Street and the other at the corner of 5th
and E Street. Motion by Byrd, second by Bender to prepare a resolution for
consideration by the City Council at the next Council meeting for the
implementation of the two (2) fifteen minute parking spaces. On roll call,
Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson vote
“yes.” Motion carried.
The
selection of a named City Engineer of record was discussed. It was stated
that through the Request for Qualifications (RFQ) process, four firms
submitted interest in becoming the City Engineer. The firms were Kirkham
Michael, Olsson Associates, JEO, and Gilmore & Associates. The Public Works
Committee recommends the selection of Olsson Associates. Motion by Byrd,
second by Nelson, to approve working with Olsson Associates as the City
Engineer and develop a contract for services for consideration by the City
Council at a future meeting. On roll call, Brown, Friesen, Byrd, Trimm,
Nelson, Bender, Schacht, and Polson vote “yes.” Motion carried.
Permission for the Mayor to sign the 2008-2010 Renewal for the Keno License
for Zeilinger Keno Inc. was discussed. Motion by Bender, second by Trimm,
to authorize Mayor Fry to sign the renewal application. On roll call,
Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson vote
“yes.” Motion carried.
Consideration of authorizing Mayor Fry to sign Community Development Block
Grant (CDBG) contract between the State of Nebraska Economic Development and
the City of Fairbury for the purchase of a fire truck was discussed. Motion
by Bender, second by Trimm, to authorize Mayor Fry to sign the contract. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson
vote “yes.” Motion carried.
Consideration of a contract with Southeast Nebraska Development District (SENDD)
for grant administration services for the fire truck CDBG was discussed by
the City Council. Bender asked if Ferneau could perform the administration
services. Ferneau stated that he could, but SENDD does this on a consistent
basis, would perform the services better, and they also prepared the grant
application. Motion by Trimm, second by Nelson, to approve the contract.
On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and
Polson vote “yes.” Motion carried.
The
City Council considered a request from MH Paint & Body for a curb cut at 619
5th Street. After discussion, motion by Byrd, second by Schacht,
to approve the curb cut. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Bender, Schacht, and Polson vote “yes.” Motion carried.
Chief Bryan made a presentation to the City Council in regards to the need
for the budgeted vehicle replacement by the Police Department to occur.
Chief Bryan reviewed the current repair needs and repair history of the 2002
Ford Explorer. Chief Bryan reviewed the costs, mileage, and pros/cons from
an operational perspective of several cars, SUV’s, and pickups. With these
factors in mind, Chief Bryan recommends purchasing a Chevrolet Silverado
pickup. Mayor Fry stated that other police departments are going back to
cars, and asked why we are looking at a pickup. Kent Preston stated that
the best value vehicle being considered is the Chevrolet Impala based on
durability and mileage. Trimm commented that as the City Council considers
its options, it must not make a decision with the thought that the State
Patrol will be available to assist with our needs in a given situation, but
that we must be equipped to meet the situations we face, including having
the appropriate vehicles to meet patrol and pursuit needs. After
discussion, motion by Bender, second by Friesen, to send the issue of
vehicle purchase back to the Safety Committee. On roll call, Brown,
Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson vote “yes.”
Motion carried.
City Attorney Tempelmeyer stated that due to the titles of the agenda items
for Ordinances 2973 and 2974 not clearly identifying the content of the
Ordinances, that the City Council should wait until a further meeting to
take action on these two agenda items.
Ferneau updated the City Council on actions taken by the County
Commissioners in response to the City of Fairbury’s request that the
Commissioners consider whether Runza should retain or lose its Industrial
Zone Designation. The Commissioners considered the item at their March 18,
2008 meeting, and have scheduled a Public Hearing on the subject for their
May 6, 2008 meeting at 9:45 a.m.
Byrd made a motion to adjourn the meeting. Motion seconded by Bender. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson
voted “yes.” Motion carried. Meeting adjourned at 8:57 p.m.
LaVeda L. Fry, Mayor
ATTEST:
Jim
Ferneau
City Administrator
