Regular Meeting
August 7, 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 7th
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.
Rita
Riensche presented the Council with a sack of trash picked up from in front
of her downtown business. Riensche requested the street sweeper service the
downtown area more frequently and that trash containers be put back around
the square. Mayor Mueller informed Riensche that trash containers for the
downtown square have arrived and are currently in the process of being
modified with anchors to prevent them from being moved by vandals.
Mayor Mueller
read the Consent Agenda. (1)Approval of the minutes of the regular meeting
of July 17, 2007. (2)Approval of claims. Trimm made a motion to approve
the Consent Agenda. Motion seconded by Phillips. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
Byrd made a motion to set the public hearing concerning
the semi-annual review of the Local Option Sales Tax (LB840) Program for
August 21, 2007 at 7:30 p.m. Motion seconded by Nelson. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
Bender
made a motion to set 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) for August 21, 2007 at 7:30 p.m. Motion seconded by Brown. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Motion carried.
Mayor
Mueller opened the 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). Assistant Street
Superintendent Tim Fuentez stated the Planning Commission voted to recommend
the Council approve the request for a Special Use Permit. Fry inquired as
to whether the business was already in operation. Fuentez stated the
building previously located on site for a construction business has been
expanded and now has an area for a taxidermy business. No one else spoke
either in favor of or in opposition 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 Rolland Moellenberndt. Motion
seconded by Bender. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor
Mueller opened the public hearing concerning a Replat/Small Tract
Subdivision request (RST-2007-001) from the Bernard C. Boerner Trust for
allowance to subdivide the property legally described as follows: All of
Lots 7 & 8 except the South 5 feet thereof, Block 11, Original Town of
Fairbury, Jefferson County, Nebraska. Fuentez stated the request was
originally submitted to the Board of Adjustment who decided to allow a 36’
lot width for the residence and waive the normal 50’ minimum lot width
requirement. According to Fuentez, the Planning Commission felt the request
would not conflict with subdivision regulations and voted to recommend the
Council allow the lot to be split. Fuentez concluded by stating a survey
has been done and all requirements have been met by Boerner. Bernard
Boerner addressed the Council and stated he wants to divide the lots so that
they may be sold to three different buyers. No one else spoke either in
favor of or in opposition to the matter. Mayor Mueller declared the public
hearing closed. Trimm made a motion to approve the Replat/Small Tract
Subdivision request as submitted by the Bernard C. Boerner Trust. Motion
seconded by Fry. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
The
Airport Authority’s Tax Request of $28,000 for Fiscal Year 2007-2008 was
considered by the Council. City Administrator Jim Ferneau stated the
Airport Authority received taxes in the amount of $24,000 in Fiscal Year
2006-2007. Trimm made a motion to approve the Airport Authority’s Tax
Request of $28,000. Motion seconded by Byrd. Nelson stated he would prefer
to see a 5% - 8% increase as opposed to the 16% increase represented by an
increase from $24,000 to $28,000. Trimm stated he believed an airport is a
big benefit for a community. Bill Stelling of the Airport Authority Board
stated that with no budget increase last year, the Airport is hurting
financially. Sandy Decker of the Airport Authority Board pointed out that
the current runway project, which is being paid for with federal and state
grants of aviation fuel tax dollars, is positively contributing to the local
economy; workers paychecks are being spent locally on meals, hotel rooms,
etc. and contractors and concrete materials providers are benefiting as
well. Discussion ceased. On roll call, Brown, Phillips, Byrd, Trimm, and
Polson voted “yes.” Nelson, Bender, and Fry voted “no.” Motion carried.
The
Council considered a Certification of Confidentiality in relation to
economic development information. City Attorney Tim Noerrlinger advised
that while this document represents an effort to shield sensitive economic
development information from public exposure, it does not supersede open
records laws. Phillips made a motion to approve the Certification of
Confidentiality. Motion seconded by Nelson. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
The
Council considered adopting updated Procurement Procedures and Code of
Conduct. City Clerk Tami Dandliker stated the City’s current Procurement
Procedures and Code of Conduct have not been updated since 1999 and that
according to the Nebraska Department of Economic Development, they are out
of date. Ferneau stated adopting the updated versions keeps the City
current with Community Development Block Grant (CDBG) requirements. Trimm
made a motion to approve the updated Procurement Procedures and Code of
Conduct. Motion seconded by Byrd. Bender inquired as to whether this
matter should be adopted in the form of an ordinance; Noerrlinger replied
no, simply adopting the policies was sufficient. Discussion ceased. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
The
Council considered a contract with City Administrator, Jim Ferneau.
Phillips stated the Personnel Committee reviewed the 2 year contract which
included new language regarding termination, language pertaining to value of
claims against the City, contract rollover provisions, and an increase in
base salary to $60,900 with raises of 3.5% per year to be given at the same
time other City employees are given annual percentage raises. Ferneau
stated language granting a cell phone allowance was added and that other
language changes result from the advisement of the Nebraska League of
Municipalities. Bender inquired as to who drafted the contract; Ferneau
stated he put the contract together with some of it written by him, much of
the language from the previous contract written by Ron Schwab, and new
language provided by the Attorney General’s office. Bender questioned why
the contract didn’t expire at a time that coincides with the regular
appointment of department heads. Noerrlinger advised the contracts of
department heads covered by the International Union of Operating Engineers
(IUOE) don’t expire at the time when appointments are made either. Bender
then questioned wording within the contract regarding the increase of base
salary on the basis of an annual performance evaluation; Bender stated the
wording didn’t specify amounts and expressed concern that the base could be
increased by a considerable amount if the powers at be chose to do so.
Citizen Pam Schroeder stated she believed the contract should be turned over
to the City Attorney for review. Citizen Dick Allen addressed the Council
asking how many grant dollars the City Administrator has procured and how
his salary is being paid. Mayor Mueller replied by stating he did not say a
City Administrator’s salary would be 100% paid for by grant dollars. A past
overcharge of garbage disposal fees was also discussed. Phillips made a
motion to approve the contract with the City Administrator. Motion seconded
by Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and
Polson voted “yes.” Bender voted “no.” Motion carried.
Jim
Frager of the Jefferson County Economic Development Corporation (JCEDC)
requested permission to use the west side of the square on Saturday mornings
from 9:00 a.m. to 11:00 a.m. for a Farmer’s Market. Bender made a motion to
approve the request. Motion seconded by Trimm. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
The
Council considered an Application for a Special Designated Liquor License
for Hassnov Enterprises dba Side Trek Bar & Grill to have a beer garden and
dance on September 9, 2007 during Fairbury Fest. Police Chief Brooks Bryan
stated he was agreeable to the request. Bender made a motion to approve the
Application for a Special Designated License. Motion seconded by Phillips.
On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Jon
Eisenhauer of TrailBlazers requested permission to block E Street between 3rd
& 4th Streets and all parking stalls around the square for a bike
and car show and fireman water fight on September 8, 2007. Bender made a
motion to approve the request. Motion seconded by Fry. 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.
Noerrlinger stated the section on committee members needed to be amended.
Mayor Mueller expressed a desire to delay action on Resolution No. 663 until
all committee member names were determined. No action was taken on
Resolution No. 663.
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. Phillips
made a motion to provide for the third reading of Ordinance No. 2960.
Motion seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried. Phillips made
a motion for final passage of Ordinance No. 2960. 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. 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. Noerrlinger advised the Council that if rental housing were
singled out for inspection, laws would be violated due to unequal treatment
of persons who rent homes versus persons who own homes; however, multi-unit
dwellings may be treated differently if the property is zoned differently.
Ferneau stated the rental inspection program in place for the City of
Lincoln is not for single family dwellings, only for multi-unit dwellings.
Bender questioned removing Section 5: Authority to Inspect. Noerrlinger
stated that if authority to inspect is removed, you have no way to enforce
the ordinance. Citizen Ed Friesen spoke on the matter, stating such
occupancy requirements may ruin chances of a person getting a bargain on a
home and fixing it up himself. Bryan stated he is only looking to set
minimum standards and that leeway would be provided to allow people time to
make progress on a residence. Bryan concluded by stating he wants some
measure of accountability, but not control. Nelson stated concerned
citizens can be much more efficient that the governing body at eliminating
inhabitance of substandard residences. Citizen Janice Pfingsten stated
people shouldn’t have to live next door to rundown properties. Nelson made
a motion to deny second reading of Ordinance No. 2961. 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.
Discussion was conducted regarding changes made to the ordinance from the
version presented to the Council by John Krajewski of NMPP Energy at the
previous meeting. Discussion was also held on the delay of rate increases
that would have taken place in May 2007. Phillips made a motion to
introduce and provide for the first reading of Ordinance No. 2962. Motion
seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry,
and Polson voted “yes.” Bender voted “no.” Motion carried.
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
8:54 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
