Regular Meeting
August 21, 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 21st
day of August, 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.
Citizen Ed
Friesen addressed the Mayor, Council, and audience and spoke on the
privileges and freedoms allowed to us by our government. Friesen stated
that freedom of speech does not allow us to be rude and disrespectful to one
another. Friesen concluded by encouraging everyone to be respectful when
voicing their opinions.
Mayor Mueller
read the Consent Agenda. (1)Approval of the minutes of the regular meeting
of August 7, 2007. (2)Approval of claims. (3)Approval of the July 2007
Reconciliation Report. Bender made a motion to approve the Consent Agenda
with the exception of the claim to General Excavating for $50,000. Motion
seconded by Polson. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor Mueller
opened the public hearing concerning the semi-annual review of the Local
Option Sales Tax (LB840) Program. Citizens Advisory Review Committee
chairman Michael R. Beachler stated the committee held its regular quarterly
meeting with new program administrator Dave Taladay. Beachler stated
Taladay provided the committee with organization and was very
knowledgeable. Beachler stated the committee determined that during the
time period of January 1, 2007 to June 30, 2007, two applications were
received, two were processed, one was denied by the committee, two were
approved by the committee, none were pending, one was approved/funded by the
City, and two were denied by the City. Beachler concluded by stating two
loans are currently being serviced. JCEDC Director Jim Frager requested
information about who those applicants were; City Attorney Tim Noerrlinger
advised Frager to make a request for records in the City Clerk’s office. No
one else spoke in regards to the semi-annual review of the LB840 Program.
Mayor Mueller declared the public hearing closed.
Mayor Mueller
opened the public hearing concerning an Application for a Special Use Permit
(SUA-2007-003) submitted by Chris & Mindy Frazier for permit to operate a
home occupation (buying, breeding, & selling of dogs) in the R2 – Medium
Density Residential zoning district (1402 5th Street). Chris &
Mindy Frazier distributed information on the Miniature Pinscher breeding
program they want to begin. C. Frazier stated these dogs are small and good
tempered and said he had obtained a list of signatures from neighbors
stating they do not oppose them having a dog breeding home occupation. The
Fraziers stated all dogs are AKC Registered and that they would like to be
able to have 8-10 breeding dogs total, with litters (typically 5-6 puppies)
being born every six months to a year. Trimm stated 8-10 breeders could
equal up to 60 dogs per year. Bender asked if the Fraziers needed to have a
state kennel license; M. Frazier replied they have already obtained a state
license. Noerrlinger advised animals currently in the Fraziers’ breading
stock are grandfathered in, and as long as puppies from those dogs are kept
no longer than 6 months, it will not violate the City’s multi-dog household
ordinance. Noerrlinger stated this is the decision of the Council to decide
if the stipulations of a special use permit (sight, sound, smell) are being
violated. M. Frazier stated they are willing to obtain a kennel permit
through the City. Fry inquired as to what would happen if the Fraziers
decided to breed larger dogs in the future. C. Frazier stated they were not
interested in breeding anything other than Miniature Pinschers. Assistant
Street Superintendent Tim Fuentez stated the Planning Commission had
reservations on recommending approval of the Special Use Permit in light of
the multi-dog ordinance the Council was considering at that time in addition
to concerns about the sight, smell, and sound resulting from the breeding
operation. Citizen Michael Beachler asked if an inspection would be
required prior to issuance of a permit; Noerrlinger stated the dog ordinance
grants the Police Chief full authority to inspect. Bender stated as long as
the Fraziers keep their state license, inspections will automatically be
done. Fuentez stated if the Police Dept receives complaints, their permit
for a home occupation would be violated, thus bringing the matter back to
the council for possible revocation. No one else spoke in regards to the
matter. Mayor Mueller declared the public hearing closed. Byrd made a
motion to approve the Application for a Special Use Permit as submitted by
Chris & Mindy Frazier for a permit to operate a home occupation (buying,
breeding, & selling of dogs) in the R2 – Medium Density Residential zoning
district (1402 5th Street) with special conditions limiting the
total number of breeders to 6 and the breed of dog to Miniature Pinschers
only. Motion seconded by Bender. On roll call, Byrd, Phillips, Brown, and
Bender voted “yes.” Trimm, Nelson, Fry, and Polson voted “no.” Mayor
Mueller voted “yes” to break the tie. Motion carried.
The Council
considered approval of the final payment of $50,000 to General Excavating
for Central Business District Street Improvements Project work completed.
Noerrlinger stated that a public hearing on the matter was not necessary and
that he was confident the Council could approve items #1 and #2 of the
agenda. Trimm made a motion to approve the final payment of $50,000 to
General Excavating. Motion seconded by Phillips. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
Phillips
made a motion to approve the Engineer’s Final Certificate of Completion for
the Fairbury Central Business District Improvements Project. Motion
seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
The Council
considered scheduling the date of a Special Recall Election. David Bargen
of Rembolt Ludtke addressed the Mayor and Council, stating he was present on
behalf of Geri Katz and other citizens of Fairbury concerned about
irregularities with petitions and the recall election. Bargen asked the
Council to postpone setting the date for a Special Recall Election for two
weeks until September 4, 2007 so that an outside legal opinion could be
obtained and any questions answered. Bargen provided the Mayor and Council
with an outline of questions raised by his clients including Improper
Notarization of a Number of Petitions Making Those Petitions Invalid and
Improper Circulator’s Affidavit on Petition #25 Making Petition Invalid.
Noerrlinger recited Nebraska State Statute 32-1306 regarding recall
elections, advising the Council that they have an obligation to immediately
set the date for a Special Recall Election in order to have the election
within the 30-45 days (from the last day for the Mayor to resign) as
required by statute. Noerrlinger advised it is not illegal for the council
to table scheduling the Special Recall Election and that official misconduct
occurs only when a public official clearly violates law; however, by not
setting the date for the Special Recall Election, there would be a defacto
violation of the law. Trimm made a motion to table the scheduling of a
Special Recall Election until September 4, 2007 and to have outside
independent legal counsel review the matter. Motion seconded by Byrd. On
roll call, Brown, Phillips, Byrd, Trimm, Fry, and Polson voted “yes.”
Nelson and Bender voted “no.” Motion carried.
Ferneau asked the
Council for direction with where they would like to go with housing
inspections and occupancy standards. Discussion ensued and the matter was
referred to the housing committee.
The Council
discussed a complaint received regarding wolf hybrid dogs, owned by Rachel
Collier, residing within the city limits at 722 C Street. Noerrlinger
advised that not only is she violating ordinance by having wolf hybrids, she
is conducting a commercial breeding operation from her home. Noerrlinger
advised a formal inquiry was necessary and that the matter should be brought
to the attention of the Chief of Police. Mayor Mueller stated he would
issue a directive to the Police Chief to investigate the matter.
Phillips
made a motion to approve the reappointment of Richard Kapke to the Museum
Board, term to expire July 2011. Motion seconded by Byrd. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
Brown
made a motion to approve the reappointment of Denise Blatny 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.
Phillips
made a motion to approve the reappointment of Denise Blatny to the Board of
Adjustment, term to expire May 2010. Motion seconded by Byrd. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Motion carried.
Fire Chief Eric
Voss requested approval of Greg Neemann, Tom Osienger, and Jamie Swanda,
stating all had completed physical agility testing. Voss stated that with
the addition of these three volunteers, eleven open positions still remain.
Fry made a motion to approve Neemann, Osienger, and Swanda as Volunteer
Firefighters. Motion seconded by Byrd. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor Mueller
read by title Resolution No. 663 providing for the creation of a standing
committee on housing and repealing any resolutions in conflict herewith.
Nelson made a motion to adopt Resolution No. 663. Motion seconded by
Phillips. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry,
and Polson voted “yes.” Motion carried.
Mayor Mueller
read by title Resolution No. 664 accepting the work in Street Improvement
District No. 2004-02, in the City of Fairbury, Nebraska. Nelson made a
motion to adopt Resolution No. 664. 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. 665 accepting a gift of property and repealing
any resolutions in conflict herewith. Noerrlinger stated the property,
located at the head of the Fairbury trails system at 3rd & C
Streets, was being given to the City from Westin Family Limited Partnership,
Fairbury Foods Division. Byrd made a motion to adopt Resolution No. 665.
Motion seconded by Phillips. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor Mueller
read by title Ordinance No. 2962: AN ORDINANCE TO ESTABLISH RATES, FEES,
CHARGES, AND COLLECTIONS FOR THE USE OF ELECTRICITY TO AMEND ORDINANCE NO.
2931: TO REPEAL CONFLICTING SECTIONS AND TO PROVIDE FOR AN EFFECTIVE DATE.
Phillips made a motion to give Ordinance No. 2962 second reading. Motion
seconded by Nelson. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Fry, and Polson voted “yes.” Bender voted “no.” Motion carried.
Mayor Mueller
read by title Ordinance No. 2963: AN ORDINANCE SETTING SALARIES FOR
SUPERVISORS AND DEPARTMENT HEADS; PROVIDING FOR AN EFFECTIVE DATE THEREOF;
AND REPEALING CONFLICTING ORDINANCES. Phillips made a motion to introduce
Ordinance No. 2963 and provide for its first reading. Motion seconded by
Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and
Polson voted “yes.” Motion carried.
Mayor Mueller
read by title Ordinance No. 2964: AN ORDINANCE SETTING SALARIES FOR CITY
EMPLOYEES COVERED BY IBEW AGREEMENT; PROVIDING FOR THE EFFECTIVE DATE
THEREOF; AND REPEALING CONFLICTING ORDINANCES. Trimm made a motion to
introduce Ordinance No. 2964 and provide for its first reading. Motion
seconded by Nelson. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor Mueller
read by title Ordinance No. 2965: AN ORDINANCE OF THE CITY OF FAIRBURY,
NEBRASKA ADOPTING THE NEBRASKA EMERGENCY SUCCESSION ACT; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A TIME
WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND REPEALING ALL
ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. Noerrlinger provided
details of the Nebraska Emergency Succession Act. Bender made a motion to
introduce Ordinance No. 2965 and provide for its first reading. Motion
seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Ferneau reported
City crews are working to repair the trail and plan to have it completed
before Fairbury Fest. Ferneau stated employees are working on downtown
trash receptacles and hope to begin installation Thursday. Ferneau stated
he would be attending the League Annual Conference and informed others
interested in attending to let office staff know soon. Ferneau concluded by
reporting the Sanitation Department is looking for two temporary employees.
Noerrlinger advised the hiring freeze is applicable to full-time union
positions only.
Byrd
made a motion to adjourn the meeting. Motion seconded by Bender. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Motion carried. Meeting adjourned at 8:48 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
