Regular Meeting
January 15, 2008
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 15th
day of January, 2008, at 7:30 p.m. Mayor LaVeda L. Fry 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, Friesen, Byrd,
Trimm, Nelson, Bender, and Polson.
Brown
made a motion to approve the appointment of Nick Schacht to fill the vacancy
in the office of City Councilman, Ward 2. Motion seconded by Trimm. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, and Polson voted
“yes.” Motion carried. Schacht was sworn into office by City Attorney
Tobias Tempelmeyer, who administered the Oath of Office to Schacht.
Mayor
Fry called for the submittal of forms to request future agenda items. No
forms were submitted during the meeting.
Mayor
Fry read the Consent Agenda:
1.
Approval
of the minutes of the special meeting of January 3, 2008.
2.
Approval
of claims.
3.
Approval
of the December 2007 Reconciliation Report.
4.
Approval
of the reappointment of Darlene Fredrick to the Museum Board, term to expire
July 2012.
5.
Approval
of the appointment of George Phillips to the Board of Public Works (BOPW),
term to expire January 2012.
Trimm
made a motion to approve the Consent Agenda. Polson stated he would like to
hold off payment of claims to Andrea Tegethoff, Fairbury Animal Clinic, and
Lambriar Animal Health Care for further explanation. Nelson stated the
minutes of January 3, 2008 should be amended to read “Nelson made a motion
to introduce Ordinance No. 2969 and suspend the statutory three readings
rule.” Bender stated she would like to have the appointment of George
Phillips to the BOPW voted on separately. Trimm withdrew his motion to
approve the Consent Agenda. Trimm made a motion to pull items #1, #2, and
#5 off the Consent Agenda and approve items #3 and #4. Motion seconded by
Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht,
and Polson voted “yes.” Motion carried.
Nelson
made a motion to approve the minutes of the meeting of January 3, 2008 with
the amendment of Nelson’s motion on Ordinance No. 2969 to read “Nelson made
a motion to introduce Ordinance No. 2969 and suspend the statutory three
readings rule.” Motion seconded by Bender. On roll call, Brown, Friesen,
Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion
carried.
Polson
made a motion to approve the claims with the exception of claims of Andrea
Tegethoff, Fairbury Animal Clinic, and Lambriar Animal Health Care. Motion
seconded by Nelson. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Bender, Schacht, and Polson voted “yes.” Motion carried.
Brown
made a motion to approve the appointment of George Phillips to the Board of
Public Works. Bender inquired as to why Leroy Richards was not being
reappointed to the BOPW; Fry stated she believed Phillips would serve well
on the board. Citizens Pam Schroeder and Shirley Carmichael expressed
concern regarding Mayor Fry’s choice of Phillips to serve on the BOPW.
Polson seconded Brown’s motion to approve the appointment of George Phillips
to the BOPW. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht,
and Polson voted “yes.” Bender voted “no.” Motion carried.
Trimm
made a motion to set the Public Hearing for the Semi-Annual review of the
Local Option Sales Tax for Economic Development (LB840) Program for February
5, 2008 at 7:30 p.m. Motion seconded by Byrd. On roll call, Brown,
Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”
Motion carried.
Due to
the fact that John Trouba of the Southeast Nebraska Development District (SENDD)
had yet to arrive, Brown made a motion to table until later in the meeting
the holding of the Public Hearing concerning an application to the
Department of Economic Development for a Community Development Block Grant (CDBG),
requesting $165,000 for the purchase of an aerial ladder fire truck. Motion
seconded by Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Bender, Schacht, and Polson voted “yes.” Motion carried.
Bender
made a motion to set the Public Hearing concerning an Application for a
Class C Liquor License as submitted by James & Ruth Johnson, dba Chuckles,
located at 513 4th Street, Fairbury, Nebraska, for February 5,
2008 at 7:30 p.m. Motion seconded by Friesen. On roll call, Brown,
Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”
Motion carried.
Bender
made a motion to table until later in the meeting consideration of
Resolution No. 679 authorizing the Mayor to sign the application and related
documents requesting $165,000 of CDBG funds for the purchase of an aerial
ladder fire truck. Motion seconded by Trimm. On roll call, Brown, Friesen,
Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion
carried.
Mayor
Fry read by title Ordinance No. 2968:
AN ORDINANCE TO
AMEND THE ZONING MAP FOR THE CITY OF FAIRBURY, JEFFERSON COUNTY, NEBRASKA BY
CHANGING THE ZONING OF PROPERTY LEGALLY DESCRIBED AS LOT ONE (1), BLOCK ONE
(1), PRAIRIE DOG SUBDIVISION TO THE CITY OF FAIRBURY, JEFFERSON COUNTY,
NEBRASKA, FROM “LI” LIGHT INDUSTRIAL DISTRICT, TO “HC” HIGHWAY COMMERCIAL
DISTRICT; TO REPEAL CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM AND FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
Polson made a motion to give second
reading to Ordinance No. 2968.
Motion seconded
by Nelson.
On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Motion carried.
Mayor Fry read by
title Ordinance No. 2970:
AN
ORDINANCE TO ESTABLISH WATER RATES; TO AMEND ORDINANCE No. 2932; TO REPEAL
CONFLICTING SECTIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM AND FOR AN
EFFECTIVE DATE OF THIS ORDINANCE. Nelson made a motion to give second
reading to Ordinance No. 2970. Motion seconded by Friesen.
On roll call, Brown, Friesen, Byrd, Trimm,
Nelson, Bender, Schacht, and Polson voted “yes.” Motion carried.
Mayor
Fry read by title Ordinance No. 2971:
AN ORDINANCE TO
ESTABLISH SEWER RATES; TO AMEND ORDINANCE No. 2932; TO REPEAL CONFLICTING
SECTIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM AND FOR AN EFFECTIVE
DATE OF THIS ORDINANCE.
Nelson
made a motion to give second reading to Ordinance No. 2971.
Motion seconded
by Trimm.
On roll call, Brown, Friesen, Byrd, Trimm,
Nelson, Bender, Schacht, and Polson voted “yes.” Motion carried.
Brown
made a motion to remove from the table the holding of the Public Hearing
concerning an application to the Department of Economic Development for a
CDBG requesting $165,000 for the purchase of an aerial ladder fire truck.
Motion seconded by Bender. On roll call, Brown, Friesen, Byrd, Trimm,
Nelson, Bender, Schacht, and Polson voted “yes.” Motion carried.
Mayor
Fry instructed John Trouba of SENDD to address the Council regarding the
application. Trouba stated he was present to encourage the Mayor and
Council to apply to the CDBG program for funding for the purchase of an
aerial ladder fire truck. Trouba stated this is a 2007 CDBG application,
the applicant is the City of Fairbury, and the category is Public Works.
Trouba stated the project budget is $315,000, comprised of $150,000 of City
funds, $150,000 of CDBG funds, and $15,000 CDBG administration funds. Fire
Chief Eric Voss stated the current snorkel truck is a 1967 which recently
lost hydraulics from the ladder and failed pump tests. Voss informed the
Council they are seeking a truck that is approximately 5 years old. Brown
inquired as to matching funds on hand. City Administrator Jim Ferneau
stated the Fire Equipment fund has a current balance of approximately
$88,000 and should have $100,000 by June 2008. Ferneau stated there is also
$50,000 in the contingency fund and funds possibly available for use from
the Street Dept if a budgeted capital expenditure was delayed until a
subsequent year. Volunteer Fireman Jon Novotny and Steve Zimmerman spoke in
support of the project. Citizen Frank Jordan inquired as to the salvage
value of the currently owned snorkel truck; Voss stated it is valued at less
than $10,000, but that it will be stripped of all equipment for use as a
backup on a new truck. Trouba stated the City’s chances of being awarded
the grant are viable with a good needs assessment study and a successful,
recently-completed downtown project. Discussion ceased. Mayor Fry declared
the hearing closed.
Bender
made a motion to remove from the table consideration of Resolution No. 679.
Motion seconded by Nelson. On roll call, Brown, Friesen, Byrd, Trimm,
Nelson, Bender, Schacht, and Polson voted “yes.” Motion carried.
Mayor
Fry read by title Resolution No. 679 authorizing the Mayor to sign the
application and related documents requesting $165,000 of CDBG funds for the
purchase of an aerial ladder fire truck. Bender made a motion to adopt
Resolution No. 679. Motion seconded by Trimm. On roll call, Brown,
Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”
Motion carried.
Ferneau
reported the deadline for submittal of RFQs for a City Engineer is January
16th at 5:00 p.m. and that the Public Works Committee will be
reviewing them; that the City has been included in the Disaster Declaration
resulting from the December ice storm; that the City has been awarded a CDBG
for a Housing Study; that bids on the Softball Complex Restroom/Concessions
facility came in over estimate and that some negotiations with the low
bidder are currently taking place; that a NIMS class will be held January
22, 2008 at 7:00 p.m. in the Council Room, new council members should plan
to attend; and that the Economic Development Committee will be considering
doing a challenge grant for downtown façade improvements, perhaps in
conjunction with the Chamber of Commerce.
Byrd
made a motion to adjourn the meeting. Motion seconded by Bender. On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Motion carried. Meeting adjourned at 8:13 p.m.
LaVeda L. Fry, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
