Regular Meeting
October 16, 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 16th
day of October, 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.
Mayor
Mueller read the Consent Agenda. (1) Approval of the minutes of the regular
meeting of
October 2, 2007. (2) Approval of claims. (3) Approval of the September
2007 Reconciliation Report. (4) Approval of the Reconciliation Report for
Fiscal Year Ending September 30, 2007. Mayor Mueller informed the Council
that Polson had requested to abstain from voting on the Consent Agenda due
to a Schroeder’s Family Foods claim. Mueller also stated that the Fire
Department claim for payment to Scherbarth Ace has been withdrawn. Trimm
made a motion to approve the Consent Agenda with the change as noted by
Mayor Mueller. Motion seconded by Byrd. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, and Fry voted “yes.” Bender voted “no.” Polson
abstained. Motion carried.
Trimm
made a motion to set a public hearing concerning an Application for Change
of Land Use Classification (CLZ-2007-002) as submitted by Richard D. Allen
for a 13.17’ extension of existing B3 – Highway Commercial zoning district
for November 6, 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.
The
Council considered a request from the Fairbury Chamber of Commerce for
permission to block off the square from 5:15 to 7:00 p.m. on October 31,
2007 for a Halloween Party. Police Chief Brooks Bryan stated he had no
objections to the request. Bender made a motion to approve the request.
Motion seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
The
Council considered an Application for a Replat/Small Tract Subdivision
(RST-2007-002) from Richard D. Allen for the property described as a
fraction of the N ½ of the NW ¼ of the NE ¼ of Section 11, T2N R2E of the 6th
P.M., Jefferson County, Nebraska. Assistant Street Superintendent Tim
Fuentez stated after the Council sent the request back to the Planning
Commission at the previous meeting, the Planning Commission met October 8th,
went through the preconference, approved a motion to combine plats, voted to
approve the combined plat, and is now recommending the Council approve the
application and combined plat. Fuentez also noted the Jefferson County
Board also approved the combined plat. Byrd made a motion to approve the
application from Richard D. Allen for Replat/Small Tract Subdivision
(RST-2007-002). Motion seconded by Trimm. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor
Mueller stated Wayne Buehler, currently an alternate on the Board of
Adjustment, has agreed to serve as a regular member of the board. Brown
made a motion to approve the appointment of Wayne Buehler to the Board of
Adjustment as a regular member. Motion seconded by Fry. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
The
Council considered a request from Police Chief Brooks Bryan for permission
to accept a grant of $7500 from Region V for the DARE Program. Bryan stated
that in recent years, funding for DARE was provided as part of the School
Resource Officer (SRO) Program and that now that the SRO has been
eliminated, other funding must be used in order to continue the DARE
Program. Bryan provided details of the DARE Program budget and stated
Region V is offering a grant of $7500 to cover program expenses. Bender
made a motion to approve Bryan’s request to accept the DARE Program grant of
$7500 from Region V. Motion seconded by Phillips. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
The
Council considered a request from the Pioneer Shrine Club for permission to
use the City Park for the July 2008 Flea Market. Mayor Mueller stated the
Shrine Club is planning to hold the Flea Market on July 4th & 5th.
Bender made a motion to approve the request. 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 Resolution No. 673 authorizing the placement of a stop sign at
the intersection of Industrial Drive & 27th Street, otherwise
known as 713 Road. Ferneau stated he had received a request from Councilman
Brown for placement of a stop sign at said location. Chief Bryan stated a
safety concern exists at the intersection, especially during times when work
shifts are changing at PVI (Prairie View Industries). Bender made a motion
to adopt Resolution No. 673. Motions 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. 2965: AN ORDINANCE OF THE CITY OF FAIRBURY,
NEBRASKA, PROVIDING FOR A BLANKET BOND FOR ALL CITY OFFICIALS’ BONDS;
REPEALING ALL CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Byrd made a motion to introduce Ordinance No. 2965 and suspend the statutory
three readings rule. Motion seconded by Trimm. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.” Bender voted
“no.” Motion carried. Trimm made a motion for final passage of Ordinance
No. 2965. 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. 2966: AN ORDINANCE OF THE CITY OF FAIRBURY,
GOVERNING THE SALE OF PERSONAL PROPERTY; REPEALING ALL CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Polson made a motion to
introduce Ordinance No. 2966 and suspend the statutory three readings rule.
Motion seconded by Phillips. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Fry, and Polson voted “yes.” Bender voted “no.” Motion carried.
Phillips made a motion for final passage of Ordinance No. 2966. Motion
seconded by Brown. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Ferneau
reported the Fire Department is currently conducting activities for fire
prevention week and that Fire Chief Eric Voss is borrowing a fire safety
education trailer from Concordia, KS. Ferneau stated Voss is willing to
give any interested Council members a tour of the trailer. Ferneau informed
the Council that Voss is also in the process of preparing for an upcoming
ISO review. Ferneau updated the Council on the progress of the Wildridge
water line extension project, stating Wildridge Development has purchased
most of the materials already and that the City Water Dept is in the process
of ordering its materials. Weather and coordination of work schedules of
the developers, contractors, and the Water Department will determine when
the project is completed. Ferneau stated the Finance Committee will be
looking at garbage service proposals in the upcoming month. Ferneau
informed the Council that City administration is considering doing an RFQ
(Request for Qualifications) for a City Engineer and that the City Attorney
has been asked to review an RFQ that has been developed. Ferneau updated
the Council on the Housing Committee, stating they are currently working
with Voss on housing inspections. Ferneau reported a hearing is scheduled
in regards to the filing of an objection to Jack Pollock’s request for
payment of attorney’s fees relating to the effort to recall Mayor Mueller.
Ferneau concluded his report by stating arrangements have been made for the
City offices to test a photocopier and that the final request will be
brought to Finance Committee for approval.
Mayor Mueller
announced that a special council meeting will be held October 23, 2007,
during which time the Council will sit as the Board of Equalization. Mayor
Mueller also announced that the Tree Board needs to be revived in order to
address the replacement of lost trees within the City and requested persons
interested in serving on the board contact him. Ferneau noted Aquila has
offered to donate $1000 towards tree planting.
Byrd made a motion to adjourn the meeting. Motion
seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried. Meeting adjourned at
7:59 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
