Gaston to continue as Mayor

Wendall Gaston was elected mayor once again at the City of Sidney Council Meeting Tuesday night.

As required by Nebraska law, the new council in place always elects one of its own to serve as the upcoming year’s exeo president, or mayor. Mark Nienhueser was elected as vice president of the council during the meeting as well.

Results from the 2012 election for city council were also approved and the new council members took to their seats.

Leaving the council last night were Dave Weiderspon, Roger Gallaway and Bob Van Vleet.

Newly elected city council members Joe Arterburn, Aaron Barnes and Chris Gay walked to the front of council chamber and took the oath as their predecessors took a seat with community members.

The newly elected members deep, strong voices filled the room as they were sworn in together.

Following the oath, each new member placed their signature next to the oath they had just taken and took their new seats, facing the community.

“I would like to thank Dave Weiderspon and Bob Van Vleet for the many years of service they have done for the city; for what they have done for the council and as mayors,” Council Member Mark Nienhueser said. “I’d also like to commend Roger Gallaway for stepping in in the middle of the year and filling the gap and doing an excellent job. Welcome Joe, Chris and Aaron to the team.”

Arterburn said that he is excited to start.

“I’m glad to be here,” Gay said.

As new members joined the city council, other city board re-appointments were made. It was voted by the council to reappoint Elizabeth Soucie and Michelle Onstott to the library board for another four-year term; their previous term having expired in December of 2012.

Doris Jensen director of the Sidney Public Library said that there is another person whose name will be brought up at the January meeting for approval of another library board member spot.

Other board appointments included new council member Chris Gay’s appointment to the house authority board and Gaston’s appointment to the police pension committee.

Council members approved payment to McCaslin Consulting, Inc. for the engineering and construction of sanitary sewer improvements on 11th Ave.

The estimated amount due to engineers is $3,615, and the amount due to the contractor is $28,615.12.

After much debate the proposed ordinance defining R-1 Single Family Residential Accessory buildingswas designated to be discussed further. There will be three opportunities given for the ordinance to be read and chances to amend and modify allsections and adopt new regulations.

Members of the planning commission will be asked to come to the meeting in January to further discuss the issue.

One question raised by Gaston was if the accessory buildings could fit a full-size standard pick-up, for example.

Sidney’s city manager, Gary Person said that this ordinance is being brought up to create public awareness of what has happened in the past and the rules trying to be set in place.

“The primary thing we want to accomplish here is to make sure people understand. We want to provide a better definition than the one previously provided, but also to send the message if it’s a residential lot, the primary purpose of a residential lot is to have a residence. Accessorybuildings are secondary in nature,” Person said.

Person said that the city attorney gave a ruling on accessory buildings due to the definition’s vagueness and that the outcome thought was that the building has to be smaller in stature than the primary residence.

“In the past we have had oversized buildings be approved, which definitely impeded on the integrity of the residential sub-division,” Person said.“In certain cases vagueness of the definition has created that situation. The more defined it can be the more it eliminates the gray area.”

“The definition in the zoning ordinance liststhat a detached garage is alsoconsidered an accessory building,”said Ben Dayton, interim chief building officer.

However Person said that there is an exception to the ordinance.

“The exception in there is R-1A and other zones larger in natureacreage wise. Some of the parameter requirements here do not apply. But it does for all others,” Person said.

One concerned citizen, who wanted to build a small building on his property took to the microphone.

“With the size, if I attach it to my house it’s allowed, but if it’s not attached it’s not. If it can fit attached to my house then why can’t it fit otherwise. It takes up the same square footage. I feel like my property value is being controlled,” the Sidney resident said.

“When you attach it to your home, it becomes a part of the residence,” Dayton said.“Forty percent is the maximum amount of lot coverage of any kind of structure,” Person said.

Person said that the maximum percentage was put into place because the buildings before could become larger and larger and become an issue.

One ordinance that had a second reading last night has been in progress for over two years.

Council members decided that there would be more discussion and a third reading regarding vacating the non-functioning alley property of Darin Van Natter.

Nienhueser asked what the plans will be to bring this property into conformance.

“Darin’s intent, which cannot happen without the vacation of the alley, is to consolidate his property into one property with one zoning, C3,” Person said.

Person said that Van Natter agreed to fence in the property of some of his operations that has caused public concern, and fully comply with what C3 zoning allows.

Van Natter doesn’t want to have different plots and different zones. He also wants to consolidate them and make it more atheistically pleasing, Person said.

“My proposed use for this facility going forward is I run an auto repair facility, I also have auto repair sales, I have a wrecker business and I also have a limousine business,” Van Natter said.

Some of the proposed uses for the facility cannot function under zoning requirements of C2, which is why Van Natter would like to combine both lots to make it a C3 zone.

“I have cleaned quite a bit of it up in the last couple years and there is probably still room for improvement,” Van Natter said.

Nienhueser, who called Van Natter’s plots “an eyesore for the front door of the community” doesn’t believe the fence will solve the issue seeing as how some of the proposed uses for the facility are not allowed under C3 zoning laws either.

“We aren’t saying he can build a fence and do whatever he wants, but if he can consolidate down to C3 he could start operating under those guidelines,” Person said.“He would still have to comply with all the regulations in the code and zoning chart. This maximizes his potential to use the property for its primary function and what he’s doing.”

Property resolution teams met this morning to try and resolve the issue.

“We can try and work through concerns and report back at the next meeting,” Person said.

Van Natter said that he understands that this is a step-by-step process and there is no guarantee in the end that it will turn out in his favor.

The third reading will be held at January’s meeting.

After a permanent roundabout being created in the final plat, the plat and sub divider agreement sub-dividing three lots was approved by council members.

Also approved by council members was the final plat and sub divider’s agreement of Robert and Nancy Dailey’s lot.

The consideration of an engineering contract with M.C. Schaff & Associates for Greenwood Rd. and Toledo St. was set aside until the council is addressed with the issue again.

The contract for the design includes work on Toledo St. from Ft. Sidney Rd. to L17J and for the paving of Greenwood Rd. from Highway 30 down to Lodgepole Creek, Sidney Public Service Director John Hehnke said. Two bridges are also including in the design.

The project might not begin in 2013, but nevertheless committee members wanted to get ideas rolling.

The Army Corps of Engineers might take some time to judge whether the project is a go. They need time to assess the bridges and the close proximity to flood plains and drainage issues, Person said.

“We wanted to get this project rolling for design so we can get the process started and be ready to go with plans, should development continue,” Person said. “We should have everything ready for their review in three months.”

Another result from the election that was approved was the sales tax.

Person said that the city government has to collect tax on the first calendar day of the quarter to be able for the tax to commence. But before that can happen the additional tax approval must go through the state. The first opportunity to implement the tax is April 1, 2013.

The voters have spoken rather loudly for the tax with 75 percent approval so we want to get started, Person said.

Also approved by the council members was the contract with Water Technology, Inc.

The contract is for the first phase of the pool design process, J. Leef, the city’s attorney said.

Council members also approved a contract with Wamsley Construction Co. for the Redevelopment Sewer Districts Project.

City Hall members have purchased a new program that City Clerk Geri Anthony saidwould help with online payments and create paperless bills for the city. The new software has been ordered and employees will be trained on the program in January.

The many workshops and meetings last week regarding the East Sidney Development Area and the Northside Town Hall meeting went great and were very resourceful, Person said.

“It was nice for the community to have an opportunity to embrace that and be informed,” Person said regarding the development plan meetings.

“The Northside annual meeting gives us an opportunity to take government to the people’s doorstep,” Person said.

The golf course will be closing on Friday until weather permits the greens to be reopened around March, Person said.

The next City of Sidney Council Meeting will be held on Jan. 8. at City Hall.