Regular Meeting
October 7, 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 7th
day of October, 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: Doug Brown, Ed
Friesen, Ron Byrd, Don Trimm, Beryl Lueders, Shirley Bender, Brad Kuzelka,
and Tim Polson.
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 regular meeting of September 16, 2008.
2.
Approval of claims.
Byrd moved to approve the Consent Agenda. Motion seconded by Trimm. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried.
Trimm moved to set a Public Hearing concerning Tatro Chiropractic PC project
for a “Performance Based Grant” in the amount of $20,000.00 from the LB-840
Economic Development Plan for October 21, 2008 at 7:30 p.m. Motion seconded
by Brown. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Polson voted “yes.” Motion carried.
Byrd moved to approve the Letter of Agreement between the Communications
Workers of America (CWA) and the City of Fairbury Police Department adding
language to the current contract regarding the insurance pool. Motion
seconded by Polson. City Administrator Joseph Parker stated the idea of
this was to create a pool of dollars to help offset premiums; the dollar
savings would go into an insurance pool to be used only for healthcare
costs. Councilman Polson wanted to know if the other unions had also
approved this agreement. Parker stated they’re expected to follow suit. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried.
Byrd moved to approve the agreement for professional services with Olsson
Associates for the Fairbury Storm Sewer Improvements – 2008 “Project”.
Motion seconded by Trimm.
Denny Graham was present from Olsson Associates. Graham stated they have
been involved with NEMA and the City thru discussions since the storms that
caused the areas of concern with the storm sewers. Olsson’s have been asked
to give a proposal of rerouting two sections of line to get them away from
the houses. Council person Lueders wanted to know if the EPA has set a
deadline as to when the work has to be completed. Graham stated not the way
they understand it; they had to get the figures to NEMA. Councilman Brown
wanted to know if they had a timeline of how long it will take to get this
project completed. Graham stated the process has been slow as they’ve been
waiting on approval from NEMA; but he said the construction of a storm sewer
can be done in the winter and hopefully they’ll have bids by mid November.
On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and
Polson voted “yes.” Motion carried.
Byrd moved to approve the request from the Fairbury Chamber of Commerce to
block off the square from 5:15 p.m. – 7:30 p.m. on Friday, October 31, 2008
for a Halloween Party for the kids Trunk or Treat Safe Trick or Treating.
Motion seconded by Bender. Bender stated this event last year was a huge
success. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Polson voted “yes.” Motion carried.
Friesen moved to adopt Resolution No. 698 authorizing the City to levy and
assess costs of nuisance abatement against certain properties. Motion
seconded by Brown. Mayor Fry stated this puts a lien on the property, so if
the property is sold we would get our money. City Attorney David Bargen
stated this is one of two ways the Code allows reimbursement for the City,
the other being going to court. This way is the most cost effective. On
roll call, Brown, Friesen, Byrd, Trimm, Bender, Kuzelka, and Polson voted
“yes.” Lueders abstained. Motion carried.
Polson moved to adopt Resolution No. 699 to cause the improvement of an
unpaved street, 17th Street from F Street east one half block, by
grading and construction of curb and guttering, concrete paving, storm
drainage and other necessary appurtenances. Motion seconded by Trimm. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried.
Mayor Fry read by title Ordinance No. 2978: AN ORDINANCE AMENDING THE CITY
OF FAIRBURY SUBDIVISION REGULATIONS TO ADD A SECTION 3.09 – ADMINISTRATIVE
SUBDIVISION. Polson moved to give second reading to Ordinance No. 2978.
Motion seconded by Lueders. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Polson voted “yes.” Motion carried.
Mayor Fry read by title Ordinance No. 2979: AN ORDINANCE CREATING A STREET
IMPROVEMENT DISTRICT WITHIN THE CITY OF FAIRBURY TO BE KNOWN AS STREET
IMPROVEMENT DISTRICT NO. 2008-1; DEFINING THE BOUNDARIES OF SAID DISTRICT
AND THE PROPERTY CONTAINED THEREIN; AND, PROVIDING FOR THE CONSTRUCTION OF
IMPROVEMENTS THEREIN CONSISTING OF GRADING AND CONSTRUCTION OF CURB AND
GUTTER, PAVING, AND STORM SEWER IMPROVEMENTS, TOGETHER WITH SUCH OTHER
APPURTENANCES AS MAY BE INCIDENTAL THERETO. Trimm moved to introduce
Ordinance No. 2979 and provide for its first reading. Motion seconded by
Friesen. Phil Lorenzen with D.A. Davidson & Company was present. Lorenzen
serves as the city’s financial advisor and the company provides funding for
these projects. Lorenzen mentioned a couple items need to be amended in
this ordinance, the lots need to be expanded somewhat – under Section 2,
Block 17 should be Lots 1, 2, 3 and 4, and Lots 11 through 14 instead of
Lots 1, 2 and 3, and Lots 8 through 14; Block 18 should be Lots 4 through 11
instead of Lots 5 through 10. Lorenzen recommends the council consider
waiving the three readings and pass this ordinance on the first reading.
The ordinance needs to be published one time and normally the notice of
creation three times; the bond counsel recommends publishing the notice of
creation four times. Lorenzen suggests that the public hearing be held at
the regular council meeting on November 18, 2008. Lorenzen stated
Resolution 699 that was adopted is a more streamlined method of creating an
improvement project which only involved a half of block. This ordinance
includes two streets and a more complicated process in terms of the paper
work involved. Once the district is found to be accepted or rejected at the
November 18 hearing, then the city would move to commissioning the approval
of the plans specifications and cost estimate and would be ready to let bids
over the course of the winter and move on to project construction. D.A.
Davidson and Company would be involved in providing interim financing; but
this is the first step in the process of the creation of the district.
Trimm moved to amend his motion for introducing Ordinance No. 2979 and
giving first reading to waive the statutory three readings rule. Friesen
also amended his second to introducing Ordinance 2979 and giving first
reading to waive the statutory three readings rule. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.” Bender
voted “no." Motion carried. Byrd moved to give final passage of Ordinance
No. 2979. Motion seconded by Lueders. Byrd moved to amend his motion for
final passage of Ordinance No. 2979 to final passage of Ordinance No. 2979
as amended. Lueders also amended her second to give final passage of
Ordinance No. 2979 to final passage of Ordinance No. 2979 as amended. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried.
Within the City Administrator’s report Joseph Parker stated the League of
Nebraska Municipalities Annual Conference held in Omaha in September was
very good and picked up a lot of good information.
Lueders stated she has talked to an aide at the state legislature regarding
re-offenders of nuisance properties. She stated they discussed the need to
add something to the bill they have so we can deal with the re-offenders of
nuisance properties. Bargen stated that procedures currently exist that can
be followed for re-offenders. We can take them to district court and get an
injunction against the violation and then every time they have another
violation we simply go back to court and ask them to be held in contempt of
court. This seems to work quite well. We need to go through the due
process at the city council level and then if that fails go to district
court. We could take them to criminal court, usually county court, and have
them pay the fine. The problem with this is they usually pay the fine and
they re-offend. If we would get an injunction through district court, we
have the authority of the court saying you will not do this again or you
will be fined or other penalties imposed by the court for contempt. Lueders
wanted to know if we could pursue this which Bargen replied we can.
Mayor Fry formally thanked Doug Brown for filling in for her at the last
council meeting. Fry also thanked George Phillips, Larry Huffman and Kevin
Trimm for their donation and installation of a very nice bench on the trail.
Bender invited everyone to the celebration of our community events this
weekend. Saturday evening starts at 6:30 p.m. at the VFW and continues on
Sunday at the community building at 2:00 p.m.
Byrd moved to adjourn the meeting. Motion seconded by Polson. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried. Meeting adjourned at 7:53 p.m.
LaVeda L. Fry, Mayor
Attest:
Sharyl Preston, City Clerk
