Regular Meeting
July 17, 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 17th
day of July, 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, Trimm,
Nelson, Bender, Fry, and Polson. Absent: Byrd.
Jon
Eisenhauer, owner of TrailBlazers, addressed the Council requesting an
update on what was being done to resolve the drainage problem in front of
his business. Eisenhauer stated when it rains, water is leaking into the
basement and damaging wall paneling. City Administrator Jim Ferneau stated
he would have the Water Department investigate the problem and televise the
underground lines. Ron Southwick asked for a report on downtown sidewalk
repairs; Ferneau stated General Excavating is supposed to begin repairs on
July 18, 2007.
Mayor Mueller
read the Consent Agenda. (1)Approval of the minutes of the regular meeting
of July 3, 2007. (2)Approval of claims. (3)Approval of the June 2007
Reconciliation Report. Trimm made a motion to approve the Consent Agenda.
Motion seconded by Phillips. On roll call, Brown, Phillips, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Byrd was absent. Motion carried.
Phillips
made a motion to set a public hearing concerning an Application for a
Special Use Permit (SUA-2007-002) submitted by Rolland Moellenberndt for a
permit to operate a home occupation (taxidermy shop) in the TA –
Transitional Agriculture zoning district (at 56905 Highway 136), for 7:30
p.m. on August 7, 2007. Motion seconded by Nelson. On roll call, Brown,
Phillips, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Byrd was
absent. Motion carried.
Trimm
made a motion to set a public hearing concerning a Replat/Small Tract
Subdivision request (RST-2007-001) from the Bernard C. Boerner Trust for
allowance to subdivide property described as follows: All of Lots 7 & 8
except the South 5 feet thereof, Block 11, Original Town of Fairbury, for
7:30 p.m. on August 7, 2007. Motion seconded by Nelson. On roll call,
Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Byrd
was absent. Motion carried.
John
Krajewski of the Nebraska Municipal Power Pool presented the Electrical Cost
of Service and Rate Design Study. Krajewski explained the purpose of the
study was to develop fair, reasonable, non-discriminatory rates for all rate
classes; to determine rates to collect sufficient revenue to pay expenses;
and to ensure the long-term financial integrity of the Utility. Krajewski
stated projected revenue requirements for FY 2008 are $5,820,000 and that
income from existing rates would yield revenues of approximately $5,389,000,
resulting in a shortfall of $431,000. Krajewski informed the Council that
modifications made to the rate ordinance are consistent with the previous
rate study and that no changes are being made to how numbers are
calculated. According to Krajewski, the new ordinance has been modified to
eliminate confusion by clearly stating exactly how numbers are calculated.
Krajewski provided statistical information derived from the study and
concluded by recommending the adoption of the new ordinance and accompanying
rate schedule resulting in a 5.2% increase in November 2007, a 5.2% increase
in November 2008, and an anticipated annual increase of 2.5% in FY
2009-2011. No action was taken.
Dave
Taladay of the Southeast Nebraska Development District (SENDD) requested
Council approval to advertise a Request for Qualifications for Housing
Market Study. Taladay stated one way to solve housing issues is to have a
locally driven, professionally guided housing market study done. Taladay
believes the City would be eligible for a Community Development Block Grant
(CDBG) that may fund 75% of the cost of the study, which is estimated at
$35,000. Taladay listed the desired outcomes of a housing study as housing
conditions, housing trends, and housing needs such as programs for housing
demolition and housing renovation. Trimm made a motion to approve
advertisement of a Request for Qualifications for a Housing Market Study and
acceptance of proposals. Motion seconded by Nelson. On roll call, Brown,
Phillips, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Byrd was
absent. Motion carried.
The
Council discussed establishing a Housing Advisory Committee. Ferneau stated
this committee would play an active role in the Housing Market Study as well
as oversee Change of Occupancy Safety Codes as set forth in Ordinance No.
2961, if said ordinance is adopted. Ferneau recommended such a committee
include persons involved in realty, banking, and other housing activities.
No action was taken.
Fire Chief Eric Voss informed the Council that the door
and lock at the Fire Hall were wearing out and need replacement. Voss
presented the following two quotes for replacement of the door and lock:
Scott Hein, $1498.11; Fairbury Glass, $2814.40. Brown made a motion to
approve the bid of Scott Hein in the amount of $1498.11. Motion seconded by
Fry. On roll call, Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Byrd was absent. Motion carried.
The
Council considered a contract offer proposed by Butler County Landfill.
Ferneau stated Butler County has made three separate offers and is eager to
secure a contract with the City. The first offer was for a savings of
$3-$4/ton, the second offer was for a savings of $5/ton, and the third offer
was to lock prices for a two year period. Ferneau stated the Finance
Committee wants to obtain a comparison proposal from Gage County. Ferneau
advised Gage County tipping fees as well as transportation costs and methods
would need to be determined. No action was taken.
Mayor
Mueller read by title Ordinance No. 2960: AN ORDINANCE OF THE CITY OF
FAIRBURY, NEBRASKA, ESTABLISHING A MULTI-DOG HOUSEHOLD PERMIT; A KENNEL
PERMIT; A PROCEDURE TO OBTAIN SAID PERMITS; REGULATIONS FOR SAID PERMITS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR A TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
Trimm made a motion to provide for the second reading of Ordinance No.
2960. Motion seconded by Phillips. Police Chief Brooks Bryan stated he has
already had discussions with citizens regarding the requirements set forth
by the ordinance but that he believes it is a workable, enforceable
ordinance. On roll call, Brown, Phillips, Trimm, Nelson, Bender, Fry, and
Polson voted “yes.” Byrd was absent. Motion carried.
Mayor Mueller
read by title Ordinance No. 2961: AN ORDINANCE ESTABLISHING MINIMUM
MUNICIPAL CHANGE OF OCCUPANCY HOUSING STANDARDS; ESTABLISHING PROVISIONS FOR
COMPLIANCE THEREWITH; PROVIDING FOR PUBLICATION IN PAMPHLET FORM AND FOR AN
EFFECTIVE DATE. Voss and Bryan displayed photographs of dilapidated rental
housing and stated they are concerned about the safety of the people renting
such houses. Voss stated the ordinance calls for an inspection and issuance
of an occupancy permit prior to a new person moving into the residence.
Discussion was conducted regarding inspection fees, ordinance enforcement,
and the necessity or lack thereof of such an ordinance. Bender stated she
was not against the ordinance but was concerned about Section 5, regarding
the Authority to Inspect. Noerrlinger stated references within the
ordinance to the “building official” need to be changed to “building
inspector.” Trimm made a motion replace references to “building official”
to “building inspector” and to introduce Ordinance No. 2961 and provide for
its first reading. Motion seconded by Fry. On roll call, Brown, Phillips,
Trimm, Nelson, Fry, and Polson voted “yes.” Bender voted “no.” Byrd was
absent. Motion carried.
Bender
made a motion to adjourn the meeting. Motion seconded by Nelson. On roll
call, Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Byrd was absent. Motion carried. Meeting adjourned at 9:16 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
