Regular Meeting
July 3, 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 3rd
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, Byrd,
Nelson, Bender, Fry, and Polson. Absent: Trimm.
Mayor Mueller
read the Consent Agenda. (1)Approval of the minutes of the regular meeting
of June 19, 2007. (2)Approval of claims. Nelson made a motion to approve
the Consent Agenda. Motion seconded by Phillips. On roll call, Brown,
Phillips, Byrd, Nelson, Bender, Fry, and Polson voted “yes.” Trimm was
absent. Motion carried.
Byrd
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 July 17, 2007. Motion seconded by Phillips. On roll call, Brown,
Phillips, Byrd, Nelson, Bender, Fry, and Polson voted “yes.” Trimm was
absent. Motion carried.
Brown
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 July 17, 2007. Motion seconded by Nelson. On roll call,
Brown, Phillips, Byrd, Nelson, Bender, Fry, and Polson voted “yes.” Trimm
was absent. Motion carried.
Police Chief Brooks Bryan
addressed the Council requesting permission to purchase two tasers. Bryan
provided detailed written information on tasers, showed a video displaying a
taser in use, and explained a recent situation occurring locally where
tasers would have been of use. Bryan stated tasers are often the best
solution to some problems and situations the Police Department and its
officers face. Bryan concluded by stating funds are available within the
Police Department budget with which to purchase two tasers. Discussion
continued regarding instances where tasers would not be effective, size and
age limitations of tasers, and lawsuits involving tasers. Bender stated
money was granted to the Police Department by Wal-Mart and those funds could
be used for the purchase. Citizen Pam Schroeder requested the Council
research the matter further prior to making a decision whether or not to
purchase tasers. City Attorney Tim Noerrlinger advised that he consulted
the City’s insurance carrier and that they do not have issues with tasers;
while liability risk exists, possible benefits outweigh those risks. Nelson
made a motion to approve the request from Bryan for permission to purchase
two tasers for the Police Department. Motion seconded by Brown. On roll
call, Brown, Phillips, Byrd, Nelson, Bender, Fry, and Polson voted “yes.”
Trimm was absent. Motion carried.
Fire
Chief Eric Voss requested the Council formally approve the Standard
Operating Guidelines (SOG) Manual for the Fire Department. Bender made a
motion to approve the Fire Department SOG Manual. Motion seconded by
Phillips. On roll call, Brown, Phillips, Byrd, Nelson, Bender, Fry, and
Polson voted “yes.” Trimm was absent. Motion carried.
The
Council discussed, for informational purposes only, Change in Occupancy
Safety Codes. Voss stated several complaints have been received by the
City on rental properties and the condition thereof. Voss stated the Health
Board is in the process of developing an ordinance to address change of
occupancy safety standards and general safety precautions. Voss requested
input from citizens and Council members on what such ordinance should
contain. Discussion on what would happen if a residence failed inspection,
who would be responsible for bringing the home up to code, how changes of
residency would be discovered and tracked, and whether or not such code
would be limited to residences or would apply to businesses and commercial
buildings as well. No action was taken.
The
Council considered a request for payment of Southeast Nebraska Development
District (SENDD) Fiscal Year 2008 membership dues. City Administrator Jim
Ferneau stated he had been looking into doing a housing study with SENDD and
applying for CDBG funding to do the study, stating this is the type of
service SENDD provides for its members. Mueller stated FY 2008 dues are
$1825. Byrd made a motion to approve payment of SENDD FY 2008 membership
dues in the amount of $1825. Motion seconded by Nelson. On roll call,
Brown, Phillips, Byrd, Nelson, Bender, Fry, and Polson voted “yes.” Trimm
was absent. Motion carried.
The
Council considered selection of an engineer for the Softball Complex
Restroom/Concessions facility. Ferneau stated three quotes were submitted
as follows: Meyer & Associates, $7450; Gilmore & Associates, $8800; and
Olsson & Associates, not to exceed $7000. Ferneau recommended working with
Olsson & Assoc. Ferneau stated the City has committed $30,000 of Keno funds
to the project and that the Softball Association is aware they will have to
cover any project overages. Fry made a motion to select Olsson & Associates
as the project engineer at a cost not to exceed $7000. Motion seconded by
Byrd. On roll call, Brown, Phillips, Byrd, Nelson, Bender, Fry, and Polson
voted “yes.” Trimm was absent. Motion carried.
The
Council considered a written request submitted by Grant Schlictman for
permission to hold a street dance on July 14, 2007, either in the street
next to TrailBlazers or in the City Park between the swimming pool and the
Community Building. Bryan stated the park location would be best,
alleviating traffic problems that would exist with the downtown location.
Bender made a motion to approve the request for permission to hold a street
dance in the City Park between the pool and Community Building. Motion
seconded by Phillips. On roll call, Brown, Phillips, Byrd, Nelson, Bender,
Fry, and Polson voted “yes.” Trimm was absent. Motion carried.
Acknowledgement of a receipt of a summons and complaint/petition filed
against the City of Fairbury by Fairbury Steaks, Inc. and Dennis Brown was
addressed. Noerrlinger stated the City has 30 days from receipt of notice
to reply and that he would be handling the issue. Noerrlinger advised
further discussion was not appropriate at the current time. Nicole Thiemann
protested the item being on the agenda, stating it was placed on the agenda
within 24 hours of meeting time. City Clerk Tami Dandliker stated the item
was placed on the agenda at 4:50 p.m. on Monday, July 2, 2007. No action
was taken.
Mayor
Mueller read by title Resolution No. 659 authorizing the City
Clerk/Treasurer to levy a special assessment against real estate owned by
Michael Johnson and repealing any other resolutions in conflict herewith.
Bender made a motion to adopt Resolution No. 659. Motion seconded by Fry.
On roll call, Brown, Phillips, Byrd, Nelson, Bender, Fry, and Polson voted
“yes.” Trimm was absent. Motion carried.
Mayor
Mueller read by title Resolution No. 660 authorizing the City
Clerk/Treasurer to levy a special assessment against real estate owned by
Joseph & Catherine Edwards and real estate owned by Doran & Lorene Milius
and repealing any other resolutions in conflict here with. Noerrlinger
stated these fees are from nuisance abatements and advised that references
to Joseph & Catherine Edwards should be struck from Resolution No. 660, as
payment was remitted in full on July 3, 2007. Bender made a motion to adopt
Resolution No. 660 with references to Joseph and Catherine Edwards struck.
Motion seconded by Phillips. On roll call, Brown, Phillips, Byrd, Nelson,
Bender, Fry, and Polson voted “yes.” Trimm was absent. Motion carried.
Mayor
Mueller read by title Resolution No. 661 authorizing the City
Clerk/Treasurer to levy a special assessment against real estate owned by
Joseph & Catherine Edwards, real estate owned by Jason & Rain Renee Sacco
Hightree, and real estate owned by Jerry & Cindi Brown and repealing any
other resolutions in conflict herewith. Bender made a motion to adopt
Resolution No. 661 with references to Joseph & Catherine Edwards struck.
Motion seconded by Byrd. On roll call, Brown, Phillips, Byrd, Nelson,
Bender, Fry, and Polson voted “yes.” Trimm was absent. Motion carried.
Mayor
Mueller read by title Resolution No. 662 providing for city personnel to be
used in a regional-wide Mutual Aid Dive Team and repealing any resolutions
in conflict herewith. Chief Voss stated some members of the Fairbury Fire
Department have done training to become dive certified and that they are
trying to create a regional dive team. Voss also stated that currently, the
nearest dive rescue team is out of Lincoln. Voss stated personal gear would
be used and tanks would be refilled at the Fire Hall in return. Bender made
a motion to adopt Resolution No. 662. Motion seconded by Fry. On roll
call, Brown, Phillips, Byrd, Nelson, Bender, Fry, and Polson voted “yes.”
Trimm was absent. Motion carried.
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.
Noerrlinger provided an overview of the details of the ordinance and stated
that a correction should be made in Section 3, subparagraph (e) to state “no
more than three dogs” instead of “no more than five dogs.” Bender stated in
Section 4, all references to “animal” should be changed to read “dog.”
Discussion followed regarding enforcement, penalties for noncompliance,
grandfathering in of dogs residing within the city limits prior to enactment
of Ordinance No. 2960, and specifications of kennel locations. Byrd made a
motion to introduce Ordinance No. 2960 with Section 3, paragraph (e) amended
to read “three dogs” instead of “five dogs” and Section 4 amended to read
“dog” and “dogs” instead of “animal” and “animals”, and to give Ordinance
No. 2960 first reading. Motion seconded by Nelson. On roll call, Brown,
Phillips, Byrd, Nelson, Bender, Fry, and Polson voted “yes.” Trimm was
absent. Motion carried.
Chief
Voss reported that the structure at 921 Bacon Road is scheduled for a
practice burn the week of July 9th. Ferneau presented a
tentative Fiscal Year 2008 budget timeline. Mayor Mueller reported an
ordinance addressing Change of Occupancy Safety Codes would be on the agenda
July 17, 2007, and expressed a desire to have such ordinance enacted as
quickly as possible.
Byrd
made a motion to adjourn the meeting. Motion seconded by Bender. On roll
call, Brown, Phillips, Byrd, Nelson, Bender, Fry, and Polson voted “yes.”
Trimm was absent. Motion carried.
Meeting
adjourned at 8:34 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
