Regular Meeting
October 2, 2007
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 2nd
day of October, 2007, at 7:30 p.m. Mayor E.M. Mueller 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, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson.
Mayor
Mueller read the Consent Agenda. (1)Approval of the minutes of the regular
meeting of
September 18, 2007. (2)Approval of the minutes of the special meeting of
September 25, 2007. (3)Approval of claims. Phillips made a motion to
approve the Consent Agenda. Motion seconded by Nelson. On roll call,
Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Byrd
voted “no.” Motion carried.
Mayor
Mueller opened a public hearing concerning an Application for a Community
Development Block Grant (CDBG) to fund a Housing Market Study with
Strategies for Affordable Housing. Dave Taladay with Southeast Nebraska
Development District (SENDD) provided the Council with a synopsis of the
CDBG Application. Taladay stated the City is requesting $16,100 of CDBG
funds, $15,000 of which will be for planning activities and $1100 of which
is for grant administration. Taladay stated an additional $5000 will be
provided as local match for a total project cost of $21,100. Taladay
informed the Council the proposal is for planning activities with
professional guidance in collaboration with a local steering committee.
Taladay also stated that while there are no plans for displacement, the
Council will need to adopt a plan to deal with displacement, as required by
HUD (Housing and Urban Development). There were no citizen comments made
during the hearing. Mayor Mueller declared the hearing closed.
Mayor
Mueller opened a public hearing concerning an Application for a Replat/Small
Tract Subdivision (RST-2007-002) from Richard D. Allen for property
described as a fraction of the N ½ of the NW ¼ of the NE ¼ of Section 11,
T2N R2E of the 6TH P.M., Jefferson County, Nebraska. Tim
Fuentez, Assistant Street Superintendent, stated the Planning Commission
received Allen’s request, addressed the request at a meeting held September
17th, and recommends the Council approve Allen’s request for a
Small Tract subdivision as submitted. Fuentez also stated the Board of
Adjustment met and voted to allow a lot size smaller than one acre, which is
the required minimum for B3 Highway Commercial zoning. Attorney Joe Casson
stated he was present on behalf of Richard Allen and Prairie View Industries
(PVI), to answer questions about the application. Casson stated the request
is the culmination of a project that began two years ago, when the Council
allowed Allen to build a second building (the Runza building) on the same
lot as the PVI building. Casson stated this will not create a separate
subdivision and will only subdivide the lot. Casson concluded by stating
their request will bring them to where they needed to be when the Runza
project was first conceived. Citizen Lee Katz asked Casson why the Allens
are not happy with the way the lot currently is; Fry stated less than a year
ago, Allen didn’t want the two buildings on separate lots. Casson stated he
is happy with one lot; the Council is not. Casson also stated it was not
Allen’s intent to keep the two buildings on the same lot forever. Nelson
asked if this subdivision takes the place of a plat or if that would come
later and whether a professional survey of the property would be done.
Fuentez stated the City would be receiving a final stamped survey if the
Council approves the request. Fuentez also stated the area being split off
is not a platted area or named subdivision. City Attorney Tobias
Tempelmeyer advised the Council that according to City of Fairbury Zoning
Regulations, Section 8, a number of requirements are set forth and should be
met. Tempelmeyer recommended the Council send the matter back to the
Planning Commission to have requirements satisfied before Council takes
action on the matter. Tempelmeyer stated that according to Zoning
Regulations a plat would be required. Casson asked if this was the way all
tracts in Fairbury would be handled. Tempelmeyer replied that this is the
way the Code reads and is what the City should be doing. Casson requested
he be provided with a list of what information needed to bring Allen’s
request into compliance with regulations. Tempelmeyer informed Fuentez that
requests such as Allen’s must be submitted to the City Clerk 15 days prior
to when it goes to the Planning Commission. No one else spoke on the
matter. Mayor Mueller declared the hearing closed. Brown made a motion to
send the Application for a Replat/Small Tract Subdivision (RST-2007-002)
from Richard D. Allen back to the Planning Commission. Motion seconded by
Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and
Polson voted “yes.” Motion carried.
Mayor
Mueller opened the public hearing concerning a Class I Liquor License
Application as submitted by the Veterans of Foreign Wars Post 3113, to
replace existing Class C License. No comments were made. Mayor Mueller
declared the hearing closed. Byrd made a motion to approve the Application
as submitted by VFW Post 3113 for a Class I Liquor License to replace its
existing Class C License. Motion seconded by Phillips. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
The
Council considered payment to Jefferson County Sheriff’s Department in
support of the K-9 Program. In September 2004, the City Council voted to
contribute $500 per year to the K-9 program. Ferneau stated payment was
made in Fiscal Year 2005 but had not been made since. Tempelmeyer
recommended support of the K-9 program be done through an interlocal
agreement between the City and Jefferson County. Tempelmeyer stated such an
agreement, setting forth specific terms, would need to be approved by the
County following Council approval. Trimm made a motion to provide for
payment of $1000 to Jefferson County for fupport of K-9 Program for Fiscal
Years 2006 and 2007 and to direct the City Attorney to draft an interlocal
agreement between the City and the County specifying terms of the City’s
support of the Jefferson County K-9 Program. Motion seconded by Nelson. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
The
Council considered approval of the Plans & Specifications and Contract
Documents for the Fairbury Softball Complex Restroom Improvements Project.
Ferneau stated Plans & Specs were prepared by Olsson Associates and have
been approved by both the Softball Association and the State of Nebraska.
Byrd made a motion to approve the Plans & Specifications and Contract
Documents for the Fairbury Softball Complex Restroom Improvements Project.
Motion seconded by Brown. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Nelson
made a motion to approve a request to advertise for bids for the
construction of Fairbury Softball Complex Restroom Improvements and to set
date for said bids to be opened on October 24, 2007 at 1:00 p.m. in the City
Council Chambers. Motion seconded by Fry. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
The
Council discussed the ruling and considered appeal of District Judge
Korslund’s Journal Entry and Writ of Mandamus in regards to the Recall
Election of Mayor Mueller. Tempelmeyer stated the judge issued a ruling
ordering a Recall Election to be held November 6, 2007. Tempelmeyer advised
the Council of its two options: 1)Do nothing and proceed with an election
on November 6th; 2)Appeal decision to court of appeals.
Tempelmeyer stated that in regards to Jack Pollock’s request for payment of
attorney’s fees, what the Council does depends on whether or not they file
an appeal to Judge Korslund’s decision. Tempelmeyer advised that if the
City wishes to object to the request for attorney’s fees only, they would
need to instruct the attorney on file, Jerry Pigsley, to file an objection
on behalf of the City. Trimm asked what the significance was of the Judge’s
silence on attorney fees; Tempelmeyer stated some case law exists that says
if attorney fees are not addressed by the judge then they are considered not
awarded. Trimm made a motion to allow the issue to come to an election as
set by District Judge Korslund. Motion seconded by Bender. Tempelmeyer
stated Council action is not necessary to allow the election to proceed as
ordered; a motion is only needed if the Council wishes to appeal. Trimm
withdrew his motion. Brown made a motion to direct Pigsley to file an
objection to the request of Pollock for payment of attorney’s fees. Motion
seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Bender
made a motion to approve the reappointment of Steve Siefford to the Planning
Commission, term to expire September 2010. Motion seconded by Byrd. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Bender
made a motion to approve the reappointment of Ed Friesen to the Planning
Commission, term to expire September 2010. Motion seconded by Trimm. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Mayor Mueller
read by title Resolution No. 672 authorizing the Chief Elected Official to
sign an Application for CDBG funds for a Housing Market Study with
Strategies for Affordable Housing. Trimm made a motion to adopt Resolution
No. 672. Motion seconded by Phillips. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Bender
made a motion to adjourn the meeting. Motion seconded by Trimm. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Motion carried. Meeting adjourned at 8:08 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami
K. Dandliker, City Clerk
