Regular Meeting

March 4, 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 4^th 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 February 19, 2008.

2.      Approval of claims.

Byrd made a motion to approve the Consent Agenda.  Motion seconded by Polson.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Fire Chief Eric Voss discussed the housing inspection plan and the International Property Maintenance Code (IPMC).  Voss stated the Housing Committee recommended removal of the following sections:  302.2 grading and drainage; 304.2 protective treatment; 304.13.1 glazing; 304.13.2 openable windows; 304.14 insect screens; 305.3 interior surfaces; 402 light; 403 ventilation; 603 mechanical equipment; 604 electrical facilities and 605 electrical equipment.  The Housing Committee prefers the process used by the City of Beatrice. Voss also stated that the code section has a couple grammar errors they will correct before the next council meeting. We already have ordinances that take care of the junk cars and weeds, but this should help streamline the process.  City Attorney, Tobias Tempelmeyer stated the inspection would be open to any residential house or commercial buildings. Tempelmeyer also stated the entire property would be inspected once they were in the building.  If they find anything, they have to bring everything up to code not just what they went in to inspect. Councilman Doug Brown thought it would be a good idea to have signed complaints; Tempelmeyer stated the council will have to decide if that is what they want; he stated in Beatrice they do not have signed complaints. The state electrical engineer is the one that inspects the electrical portion. The Housing Committee wants the council to decide section 303 swimming pools, spas and hot tubs regarding the enclosure of swimming pools. The Housing Committee has been working on this project for six months. Beryl Lueders has concerns about a property next to her business.  The International Property Maintenance Code is designed for the maintenance of existing buildings.  The building code is for new buildings being built. Tempelmeyer recommended the council take everything under advisement and place it on the next council agenda at which time it can be gone over in more detail and bring up other questions the council and public may have.  We would have to have an ordinance.

John Trouba of Southeast Nebraska Development District (SENDD) gave a presentation to the council on the re-evaluation of the 2004 Fairbury Community Needs Assessment Study. He will be sending us the assessment study in pdf format so we can post it on the website if we like.  There are a couple misspellings they will get corrected. Trouba stated this could be a starting point for developing a city action plan.  We need to identify improvement goals, objectives and projects to achieve these goals and the sources to use to reach these goals and have some time lines.  He also stated they haven’t heard anything on the fire truck grant.

Connie Schwartz, Community Resource Coordinator with AmeriCorps*/VISTA gave a presentation on a Town Hall Meeting they will be having March 28, 2008 at the Elks Club.  Jefferson County Coalition has received a grant for the meeting.  The meeting will give them the opportunity to educate everyone about the impact of underage drinking and to develop possible solutions.  One of the activities is a simulation of a drunk driving accident.  They are requesting that G Street between 5^th and 6^th Street (in front of the Elks Club) be blocked off between 5:00 p.m. and 8:00 p.m.  Bender made a motion to approve the closure of G Street between 5^th and 6^th Street between 5:00 p.m. and 8:00 p.m. on March 28, 2008.  Motion seconded by Friesen.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

The Street Department has requested to purchase a disc blade for paving cuts.  City Administrator, Jim Ferneau stated they want to purchase an asphalt cutter from Nebraska Machinery.  The price for the cutter is approximately $2,140.00; they have a credit of $1,600.00; the out of pocket expense would be around $500.00. Bender made a motion to approve the purchase of the asphalt cutter.  Motion seconded by Byrd.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Ferneau discussed the process for reviewing industrial zoning designations per state statutes 13-1111 and 13-1121.  We have such a designation on the properties of McBattas, PVI, and Runza.  The designation can go on indefinitely unless there is a change in population or no longer using it for industrial.  Runza is not industrial; it is commercial.  The commissioners can review and discuss the industrial zoning designation for Lot 1 of Prairie Dog Subdivision which is occupied by Runza during the month of March and set a public hearing if they want.  Trimm made a motion to have the county commissioners review the industrial zoning designation for Runza.  Motion seconded by Nelson.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

The Police Department 2007 Annual Report will be put on the next council agenda as Chief Bryan was not available.

Bender made a motion to set the City-Wide Cleanup for the week of April 21 – 25, 2008.  Motion seconded by Byrd.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Bender made a motion to adopt Resolution No. 681 adopting the policy prohibiting excessive use of force against non-violent civil rights demonstrators.  Motion seconded by Friesen.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Polson made a motion to adopt Resolution No. 682 adopting the policy opposing discrimination in the acquisition, ownership, possession or enjoyment of housing; to assist aggrieved persons in filing complaints by providing certain information. Motion seconded by Schacht.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Mayor Fry read by title Ordinance No. 2972:  AN ORDINANCE TO ADD DIVISION ENTITLED “TELECOMMUNICATION OCCUPATION TAX” AND SECTIONS 110.08, 110.09, 110.10, 110.11, 110.12, 110.13, 110.14, and 110.15 OF THE FAIRBURY CITY CODE, TO REPEAL CONFLICTING ORDINANCES; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM AND FOR AN EFFECTIVE DATE OF THIS ORDINANCE.  Brown made a motion to give third reading to Ordinance No. 2972.  Motion seconded by Trimm.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”    Motion carried.  Nelson made a motion to adopt Ordinance No. 2972.  Motion seconded by Byrd.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Ferneau reported that next Tuesday, March 11, 2008, is a joint meeting for the City Council and Board of Public Works at 7:00 p.m.  He also mentioned the League of Nebraska Municipalities Legislative Bulletin in regards to LB371 that he received in the mail today.  This bill would establish a defined benefit plan for police departments in second class cities.  The city now puts 6% in for the employees with the defined contribution plan.  With the new plan the police employees that would choose this plan the city would put in 9.25%.  So on an annual basis, this would be an increase of city’s cost to be approximately $12,000.00. 

Mayor Fry stated that she had received a letter from Jefferson Community Health Center commending Chief Voss with his help in the transition at the hospital.  She thanked Voss for his work.

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 8:24 p.m.