Regular Meeting
September 5, 2006
The Mayor and Council of the City of Fairbury met in regular session in the
Council Chambers, 612 D Street, Fairbury, Nebraska, on the 5th
day of September, 2006 at 7:30 p.m. Mayor E.M. Mueller called the
meeting to order. Roll call found the following Council Members
present: Stanton, Phillips, Byrd, Bender, Bartels, Brown, Vaughn, and
Polson.
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 is
posted on the wall of the Council Chambers as required by law.
Mayor Mueller read the Consent Agenda. (1) Approval of the minutes of
the regular meeting of August 15, 2006. (2) Approval of claims. Bartels
made a motion to approve the Consent Agenda. Motion seconded by Byrd. On
roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Motion carried.
Stanton made a motion to set the public hearing on a request from Richard
& Gayle Allen, Kathleen Waldrep, Keith Allen, and Mark Allen for a
Change of Land Use & Zoning Classification for September 19, 2006, at
7:30 p.m. Motion seconded by Bartels. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
Tim Fuentez, Assistant Street Superintendent, informed the Council that
Becky Meredith has made application for a Special Use Permit to operate a
hair salon out of her home, which requires the holding of a public hearing. Stanton
made a motion to set the public hearing for September 19, 2006, at 7:30 p.m. Motion
seconded by Bartels. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
Byrd made a motion to set the public hearing on an application from Wal-Mart
Stores, Inc., for a Class D Liquor License for September 19, 2006, at 7:30
p.m. Motion seconded by Bartels. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
Stanton made a motion to set the public hearing on the 2006-2007 fiscal year
budget summary and tax request for September 19, 2006, at 7:30 p.m. Motion
seconded by Phillips. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
Phillips made a motion to set the public hearing on an application to the
Nebraska Game & Parks Commission for a grant for the expansion and
remodeling of the Softball Complex restroom/concessions facility for
September 19, 2006, at 7:30 p.m. Motion seconded by Bartels. On
roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Motion carried.
Mayor Mueller opened the public hearing on a request from Northgate
Development, Inc., for a Change of Land Use Classification and Change of
Zoning. The request is to change the Land Use Classification from HC/L1
Highway Commercial/Light Industrial to LDR Low Density Residential and to
change the Zoning Classification from B3/L1 Highway Commercial/Light
Industrial to R1 Low Density Residential. Howard Boecker addressed the
Council, asking for approval of the request. No other citizens spoke in
favor of or in opposition to the request. Mayor Mueller declared the
public hearing closed. Stanton made a motion to direct the City
Attorney to draft an ordinance enacting the changes as requested. Motion
seconded by Byrd. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
Mayor Mueller opened the public hearing on the nuisance property owned by
Chester & Margaret Veatch, located at 711 E Street. Police Chief
and Secretary of the Board of Health Rick Carmichael presented photographs
showing the condition of the property. Mr. Veatch addressed the council
and requested a 30-day extension be granted to allow him time to complete
clean-up of the property on his own. Carmichael stated he believed the
clean-up could realistically be accomplished within a 30-day time frame. No
other citizens spoke. Mayor Mueller declared the public hearing closed.
Carmichael addressed the Council regarding the property owned by Tracy
Emery, located at 821 K Street. Carmichael stated the nuisance
conditions on the property had been remedied and that it was not necessary
to schedule a public hearing on the matter. Stanton made a motion to
remove from the table the holding of the public hearing on the property. Motion
seconded by Byrd. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried. No
further action was taken on the matter and no hearing was scheduled.
Jon Eisenhauer of TrailBlazers requested permission to block E Street from 3rd
to 4th Street on September 9, 2006, from 6:00 a.m. to 5:30 p.m.
for the purposes of holding a firefighter water fight. Stanton made a
motion to approve the request with an extended time frame. Motion
seconded by Bender. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
City Administrator Jim Ferneau presented a proposal from Tom Russell for
consultation on the upgrade of the sound system in the Council Chambers. Russell
will work for a percentage of the project cost, on an hourly basis, or for a
flat fee. Stanton asked is Russell could limit brands according to
equipment specifications. James Hintz of Choice Communications stated
the City should be cautious about specifying brand name equipment. No
action was taken; this item will be placed on the September 19, 2006,
agenda.
The Council considered entering into a contract with Doug Johnson Audio
Video Productions for the Tourism TV project. Ferneau stated the total
project cost is approximately $3400 and that the City’s cost would be
approximately $1400. Bender made a motion to pay half of the $1400
expense from the General Fund if the Board of Public Works agrees to pay the
other half. Motion seconded by Stanton. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
The Council considered waiver of subdivision regulations in regards to the
subdivision of the Elgert property south of the Fire Hall, known as Lot 3,
Block 10, Original Town Addition to the City of Fairbury. City Attorney
Tim Noerrlinger informed the Council that in order to complete the City’s
purchase of the property from Elgerts, the lot must be subdivided in order
to be correctly recorded with the Register of Deeds. Fuentez stated the
Planning Commission has waived the subdivision regulations on this matter
and that the survey of the property has been completed. Byrd made a
motion to approve the requested waiver. Motion seconded by Phillips. On
roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Motion carried.
The Council considered a request for authorization to apply for a grant to
purchase a recycling baler. Street Superintendent Mick Hynek stated the
baler currently owned by the City has exceeded its normal life expectancy
and although it is still operating, a second baler is necessary to manage
all the materials being brought to the recycling center. Fuentez stated
the match percentage is unknown at this time but that he expects the grant
to pay 80% or more of the cost. Bender made a motion to approve the
request. Motion seconded by Bartels. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
The Council discussed a Franchise Agreement with Aquila. As an Aquila
employee, Stanton stated he has a conflict of interest and withdrew from his
chair during discussion. Ferneau informed the Council that Aquila is
seeking renewal of the agreement. Ferneau provided the Council with
copies of the agreements as proposed by Aquila as well as copies of
agreements the City proposes. Noerrlinger advised he has reviewed our
proposed agreement and feels it is acceptable. Mayor Mueller directed
Councilmembers to review the documents for decision at the next meeting. No
action was taken.
Bender made a motion to approve a request from the Fairbury Chamber of
Commerce to ban parking on the south side of 5th Street from B
Street to the City Park during FairburyFest on September 8th
& 9th. Motion seconded by Bartels. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Motion carried.
Bartels made a motion to enter closed session at 8:33 p.m. for the purpose
of discussing correspondence received from Endicott Clay Products which may
result in litigation, asking Kent Preston, Larry Naiman, Jim Ferneau, Tim
Noerrlinger, and Tami Arnold to remain. Motion seconded by Byrd. On
roll call, Stanton, Phillips, Byrd, Bartels, Brown, Vaughn, and Polson voted
“yes.” Bender abstained. Motion carried.
Bartels made a motion to end closed session and enter into open session at
8:54 p.m. Motion seconded by Byrd. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried. No action was taken regarding the correspondence received from
Endicott Clay Products.
The Council considered Resolution No. 635 levying and assessing various
fees, bonds, or deposits, including but not limited to sanitary sewer and
water connection fees, and repealing Resolution No. 618. Noerrlinger
detailed changes to water and sewer connection assessments, including a
minimum front footage fee of $1500 for each service. Byrd made a motion
to adopt Resolution No. 635. Motion seconded by Polson. On roll
call, Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Phillips voted “no.” Motion carried.
The Council considered Resolution No. 636 providing for the placement of
stop signs within the municipality’s jurisdiction and repealing any
resolutions in conflict herewith. Noerrlinger provided details on where
signs would be placed. Ferneau stated a tree on the United Methodist
Church property would need to be trimmed by either the Church or the City to
eliminate visual obstruction of the stop sign at 6th & E
Streets. Byrd made a motion to adopt Resolution No. 636. Motion
seconded by Vaughn. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
Stanton made a motion to adopt Resolution No. 637 ordering and directing
Chester & Margaret Veatch to remedy the public nuisance at once on the
property located at 711 E Street. Motion seconded by Bartels. On
roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Motion carried.
Ferneau announced that a joint meeting with the Board of Public Works has
been scheduled for September 12, 2006, at 7:30 p.m. Ferneau reported on
the progress of bargaining unit negotiations.
Bartels made a motion to adjourn the meeting. Motion
seconded by Byrd. On roll call, Stanton, Phillips, Byrd,
Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried. Meeting adjourned at 9:03 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
