Regular Meeting
October 19, 2010
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 19th day of
October 2010, at 7:30 p.m. Mayor Homer L. Ward 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 and pointed out by Mayor Ward as required by law.
Roll call found the
following Council Members present: Doug Brown, Roger Bailey, Tim Polson,
Phil Rogge, Shirley Bender, Brad Kuzelka, and Kelly Davis. Absent: Ed
Friesen.
Mayor Ward called for
the submittal of forms to request future agenda items. No forms were
submitted during the meeting.
Mayor Ward read the
Consent Agenda:
1.
Approval of the minutes of the
regular meeting of October 5, 2010.
2.
Approval of claims.
3.
Approval of the September 2010
Reconciliation Report.
4.
Approval of the Reconciliation
Report for Fiscal Year Ending September 30, 2010.
5.
Approval of the resignation of
Diann Pape from the Fairbury Housing Authority.
6.
Approval of the resignation of
John Hiebert from the Economic Development Review Committee.
7.
Approval of the appointment of
Jean Zabel to the Fairbury Housing Authority; term to expire May 2013.
8.
Approval of the appointment of
J’Nan Ensz to the Economic Development Review Committee.
Rogge moved to approve
the Consent Agenda. Motion seconded by Bender. On roll call, Polson,
Bailey, Brown, Rogge, Bender, Kuzelka, and Davis voted “yes.” Friesen
absent. Motion carried.
Brown moved to approve
the request from the Pioneer Shrine Club to use the City Park for the July
2011 Flea Market. Motion seconded by Bailey.
On roll call,
Polson, Bailey, Brown,
Rogge, Bender, Kuzelka, and Davis voted “yes.”
Friesen absent.
Motion carried.
Polson moved to approve
the recommendation from the Public Works Committee to accept the Preliminary
Flood and Drainage Study – Urban Drainage Systems and FEMA Floodplains
“Project” in accordance with the 2008 CDBG Grant Agreement contract number
08-DRP-008, (Project # OA010-0890), as completed by Olsson Associates.
Motion seconded by Bailey.
On roll call,
Polson, Bailey, Brown,
Rogge, Bender, Kuzelka, and Davis voted “yes.”
Friesen
absent. Motion carried.
Bender moved to approve
the Community Building Gymnasium Usage Contract between the City of Fairbury
and the Fairbury Area Girls Hoops for 2010 – 2015. Motion seconded by
Rogge. Bender stated this is a very good program for our area youth and
also brings a lot of people to town for the tournaments. Laura Bedlan,
Assistant Street Superintendent, addressed the Council. Bedlan stated the
contract has a slight change from the pervious contract; before the
organization would be charged more every season, this contract the City left
the fee the same amount as last year of $600.00 for each season through
2015. Also the contract can be renegotiated at the end of each season if
needed; the organization didn’t know if they would have enough participants
every year. On roll call,
Polson, Bailey, Brown,
Rogge, Bender, Kuzelka, and Davis voted “yes.”
Friesen absent.
Motion carried.
Bender moved to approve
the request from the Fairbury Area Girls Hoops organization to use the
Community Building for the 2010-2011 season. Motion seconded by Kuzelka.
On roll call, Polson, Bailey, Brown,
Rogge, Bender, Kuzelka, and Davis voted “yes.”
Friesen absent.
Motion carried.
Rogge moved to approve
the recommendation from the Finance and Keno Committee to accept the bid
received from Scherbarth Ace Hardware in the amount of $1,377.82 for the
fence and the bid received from B&M Contracting in the amount of $878.00 for
the retaining wall for the dog pound. Motion seconded by Polson. On roll
call, Polson, Bailey, Brown, Rogge,
Kuzelka, and Davis voted “yes.” Bender abstained.
Friesen
absent. Motion carried.
Bailey moved to approve
the recommendation from the Finance and Keno Committee to accept the bid
received from C & F Roofing in the amount of $2,750.00 for the roof system
at the fire hall and also an additional $850.00 if the existing roof needs
to be torn off. Motion seconded by Rogge. The roof area included in this
bid is a one story section on the back side of the fire hall which is
approximately 800 square feet. On roll call, Polson, Bailey, Brown,
Rogge, Bender, Kuzelka, and Davis voted “yes.”
Friesen
absent. Motion carried.
Mayor Ward read by
title Ordinance No. 2998: AN ORDINANCE AMENDING THE CITY OF FAIRBURY
MUNICIPAL CODE §§ 91.70, 91.71,
91.73, AND 91.75 REGARDING THE DEFINITIONS, SALE, IGNITION, AND REGULATION
OF FIREWORKS AND TO CONFORM SAID SECTIONS WITH STATE LAW.
Bender moved to suspend the statutory three
readings requirement for Ordinance No. 2998. Motion seconded by Bailey. On
roll call, Polson, Bailey, Brown, Rogge,
Bender, Kuzelka, and Davis voted “yes.”
Friesen absent.
Motion carried. Bailey moved for the final
passage of Ordinance No. 2998. Motion seconded by Rogge. Bender stated
Fire Chief Eric Voss had said one change also made in this ordinance – every
time any one wanted to obtain a license – technically they were to come
before the City Council and the Council would decide regarding the licenses
~ they have just been approved through the City and through the Fire Chief.
Bender stated this has been changed with this ordinance so they don’t have
to go through the Council to obtain a license – it can be handled like it
has been in the past. City Attorney David Bargen stated the state law
governs the time frame for the sale of fireworks but it doesn’t govern the
firing of fireworks. Bargen stated the way the ordinance reads now the time
for firing would end at 11:59 p.m. on December 31. Police Chief Chad Sprunk
stated they usually give a tolerance of fifteen minutes from the ending time
of shooting off fireworks. Rogge stated he felt the ordinance should state
the actual time allowed; and it would still be to the discretion of the
police department. Rogge moved to amend the ending time for igniting or
discharging fireworks from 11:59 p.m. on December 31 to 12:15 a.m. on
January 1. Motion seconded by Brown.
On roll call for adoption of the amendment,
Polson, Bailey, Brown, Rogge, Bender, Kuzelka, and Davis voted “yes.”
Friesen absent. Motion carried. On roll call for final passage of
Ordinance No. 2998, Polson, Bailey, Brown, Rogge, Bender, Kuzelka, and Davis
voted “yes.” Friesen absent. Motion carried.
Within the Mayor’s
report, Mayor Ward stated a questionnaire is being compiled for a LMI (low
to moderate income) study. City Administrator Joseph Parker stated the last
study was completed in 2004; the City needs a current LMI study to apply for
CDBG grants. Parker stated the previous questionnaire has been handed out
to the Board of Public Works (BOPW) and copies will also be given to the
City Council this evening to pick out questions for the new LMI
questionnaire. Some of the previous questions will no longer be applicable;
so a new questionnaire has to be compiled to send out to residents. The
completed questionnaire forms with suggestions need to be returned to the
Assistant Street Superintendent by October 25, 2010. Parker stated we need
to get as close to 100% return rate as the ones not returned will be counted
against us. Polson and Bender both stated the last time this was done in
2004 council members along with other people went door to door. Polson
stated the addresses, a total of 600, will be randomly picked by the
computer – of who will actually get the questionnaire. Bedlan stated the
requirements are much stricter than the last time the study was done.
Bedlan stated all the surveys need to be returned; they will start with a
drop off location. The surveys will not be opened here they will be sent to
Kearney. Shawn Kaskie from the University of Nebraska in Kearney will be
doing the study for us.
Bender
moved to adjourn the meeting. Motion seconded by Rogge. On roll call,
Polson, Bailey, Brown, Rogge, Bender, Kuzelka, and Davis voted “yes.”
Friesen absent. Motion carried. Meeting adjourned at 7:55 p.m.
Homer L.
Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
