April 13, 2009
7:30 p.m.
Chairperson Siefford read the statement regarding the Open Meetings Act.
1. Chairperson Steve Siefford called the meeting to order at 7:30 p.m. and asked for roll call. Other members present were: Denise Blatny, Cathy Kleine, Greg Koerwitz, Jerry Meyer, Eugene Mueller, Kendall Schlake, and Bob Stepp.
2. Next, was the approval of the minutes from the February 9th, 2009 meeting.
Member Meyer made the motion to approve the minutes of the February 9th, 2009 meeting and member Stepp seconded the motion. By roll call, the vote was: 8 - "yes" (Blatny, Kleine, Koerwitz, Meyer, Mueller, Schlake, Siefford, Stepp) / 0 - "no". The motion passed.
3. Next, was the setting of a public hearing date to discuss and recommend to the City Council regarding the vacating of a portion of Anna Street located East of Lot1, Blk 2, Warren Place (201 West 4th Street) and West of Lot 3, Blk 1, Warren Place (133 West 4th Street).
Member Kleine made the motion to set the hearing date for the next regularly scheduled Planning Commission meeting on May 11th, 2009 at 7:30 p.m. Member Schlake seconded the motion. By roll call, the vote was: 8 - "yes" (Blatny, Kleine, Koerwitz, Meyer, Mueller, Schlake, Siefford, Stepp) / 0 - "no". The motion passed.
4. Next, was the discussion and recommendation regarding the request for a Special Use Permit (SU-2009-01) from Holly Troxel for a home occupation (photography studio).
Holly Troxel was present and spoke to the commission in regards to her business plans. She is planning on opening a photography studio in her new residence at 921 22nd Street in Fairbury. She notes that currently there are no photography studios in Fairbury. She stated that she spoke with the neighbors Smith, Blatny, English, Knispel, Goranson, Maatsch and Louis and has received no objections. Member Blatny asked if she planned on putting up signs to which Troxel responded that she does plan to put up a sign where Botz had his old sign. She notes that other than the sign she would not really have any other equipment outside. Most of her shoots are done outside around town and she would only be doing some indoor shoots due to in-climate weather or for head shots. She notes that most of her studio work would be done in the evenings or on the weekend. On average she can schedule one shoot in the evening and two on the weekend so there would be limited traffic and she usually does not go later than 7:30 or 8:00 in the evening. Member Stepp asked if she had plans for expansion to which she responded that she did not. They will be doing some work inside the building to configure it for a studio but she would not be adding on. She notes that if she did expand she would need to move the studio to a different location like downtown or something because her home would not be big enough. Member Kline notes that this request falls under home occupation in the zoning regulations and that there are some standards that must be follow for it to be allowed. She state that she feels Troxel meets all these standards but that they should review them anyway. She then read section 6.05 from the City of Fairbury, Nebraska Zoning Regulation – 2005. Troxel noted that she does use lights but that they are located inside and she will also be using curtains to block the lights. Member Koerwitz questioned the sign requirements. Member Blatny noted that there are specific requirements in the zoning regulations and that Troxel has those. Bedlan noted that there are restrictions for a sign permit and Troxel has received all the required signatures except for the Zoning Administrators and she will look into it. Troxel noted that she would be following the sign requirements. Member Mueller made the motion that the Planning Commission recommend that the City Council approve the Request for Special Use Permit application (SU-2009-01) from Holly Troxel on the condition that she remain in compliance with the standards stated in Article 6, Section 6.05 of the City of Fairbury, Nebraska Zoning Regulations - 2005 Edition. Member Stepp seconded the motion. By roll call, the vote was: 8 - "yes" (Blatny, Kleine, Koerwitz, Meyer, Mueller, Schlake, Siefford, Stepp) / 0 - "no". The motion passed.
5. Next, was the discussion and recommendation regarding information on the light and water bill inserts from the light and water department.
Bedlan spoke on behalf of the city. Stating that she has been informed by the light and water department that approximately 320 customers who either live out of town or in apartments will also be receiving the building and zoning insert that has been suggested for the light and water bill. It is the experience of the light and water department that these inserts are not read and they have offered to donate their radio and newspaper advertisement time to the city for the purpose of announcing the building and zoning requirements rather than putting an insert in the billing. Bedlan also suggest they use Leighton printing to tri fold the inserts for a total of approximately $40. Member Muller states that not everyone watches cable TV or listens to the radio. Member Blatny questioned what the price to do the insert was and Bedlan stated she recalled it being approximately $500. Member Stepp notes that he has dish network and can not get the information on the local cable channel. Member Kleine notes that if it is included in the billing and the people didn’t read it, it would not be because they couldn’t read it and she recommends a suggestion made earlier by Member Muller to put the notice on a different color paper to make it more noticeable. Member Siefford questions if Leighton’s can fold the insert the correct way for it to be accepted by the billing company to which Bedlan responds that they can. Member Stepp questions if they want to put the notice in the paper also. Member Siefford asks if the police chief had talked about the building permits in his column. Bedlan confirmed that the police chief did do a write up in his column. Member Blatny asks what the city’s main focus for distributing this information is. Bedlan states that the city wishes to reach builders and home owners with this information. The City Administrator Joseph Parker states that often times the Inspector Eric Voss will run across an individual already starting work and have to send them to the office to get a permit because they were unaware that one was needed. Member Blatny states that she is aware of that but questions how many people we will really touch with this information. Member Stepp notes that it covers a lot of information and the he would support the use of an insert. Member Blatny questions what all is included in the insert. Bedlan refers to the insert written by the Attorney and notes that it references building, altering and demolishing. Basically, if you are making any changes to buildings on your property contact the city to check for a permit. She also notes that after the paper did an article on building permits she received several calls with questions about permits. Member Koerwitz states that he also feels the notice should be inserted in the billing. Member Stepp makes the motion to recommend the inserts in the light and water bill and Member Kleine seconded the motion. By roll call, the vote was: 8 - "yes" (Blatny, Kleine, Koerwitz, Meyer, Mueller, Schlake, Siefford, Stepp) / 0 - "no". The motion passed.
6. Next, were comments from the public on non-agenda items.
Member Kleine stated that she had read something in the City Council minutes that stated that they were going to refer something to the planning commission but she did not remember what it was. Bedlan stated that she believes that Member Kleine may be referring to the UP quit claim that was brought before the City Council a few meetings ago and that the city is waiting on more information from UP’s attorney before they proceed with that issue. She notes that UP is building near the area in question but that the parcel they are building on is not the one in question.
7. With no other business on the agenda, Member Muller made the motion to adjourn. Member Koerwitz seconded the motion. By roll call, the vote was: 8 - "yes" (Blatny, Kleine, Koerwitz, Meyer, Mueller, Schlake, Siefford, Stepp) / 0 - "no". The motion passed.
Laura K. Bedlan
Planning Commission Secretary