Regular Meeting
December 15, 2009
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
December 2009,
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, Ed Friesen, Don Trimm,
Shirley Bender, Brad Kuzelka, and Kelly Davis. Absent: Beryl Lueders
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 December 1, 2009.
2.
Approval of claims.
3.
Approval of the November 2009
Reconciliation Report.
4.
Approval of the resignation of
Alan Bush from the Citizen’s Advisory Review Committee.
5.
Approval of the reappointment
of Janet Place to the Citizen’s Advisory Review Committee. Term to expire
December 2014.
6.
Approval of the appointment of
Paul Schramm to the Planning Commission. Term to expire September 2010.
Brown moved to approve
the Consent Agenda. Motion seconded by Trimm. Council member Shirley
Bender questioned the claim from Haddan Excavating for the demolition of the
house at 721 G Street; if everything was completed with this project. City
Administrator Joseph Parker stated it has to be leveled more; but the City
is doing the completion of this, not Haddan. On roll call Brown, Friesen,
Trimm, Bender, Kuzelka, and Davis voted “yes.” Lueders absent. Motion
carried.
Mayor Ward stated the
Public Hearings concerning LB840 funds for a “Performance Based Grant” in
the amount of $10,000.00 for “The Country Cottage” project and $40,000.00
for the “Choice Communications, Inc” project and concerning CDBG – Economic
Development
Loan Fund (Reuse Loan)
in the amount of $10,000.00 for “The Country Cottage” project will be
postponed until we receive more information from SENDD. Mayor Ward stated
Craig Eberle has resigned from SENDD and David Taladay has been promoted to
Executive Director. Davis moved to postpone all three hearings until we
receive more information from SENDD. Motion seconded by Friesen. Council
member Doug Brown suggested we go ahead and publish for the public hearings
so we could have the hearings at the next council meeting in January; and
hopefully have the needed information by then. Davis amended his motion to
have the three public hearings at the January 5, 2010 Council meeting at
7:30 p.m. Motion seconded by Brown.
On roll call on the amended motion to have
the three public hearings on the January 5, 2010 Council meeting agenda,
Brown, Friesen, Trimm, Bender, Kuzelka, and Davis voted “yes.” Lueders
absent. Motion carried.
Brown moved to approve
the appointment of Roger Bailey to fill the vacancy in office of City
Councilman, Ward II. Term to expire November 2012. Motion seconded by
Trimm. Brown, Friesen, Trimm, Bender, Kuzelka, and Davis voted “yes.”
Lueders absent. Motion carried. Bailey was sworn into office by City
Attorney David Bargen, who administered the Oath of Office to Bailey.
Bailey assumed his position on the City Council.
Council member Beryl
Lueders arrived at 7:38 p.m.
Trimm moved to approve
the appointment of Roger Bailey to the Personnel Committee, Public Safety
Committee, and the Planning Committee. Motion seconded by Kuzelka.
On roll call, Brown,
Friesen, Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm and Bailey
didn’t vote. Motion carried.
Davis moved to
authorize Mayor Ward to sign the contract between the State of Nebraska
Department of Economic Development and the City of Fairbury for the CDBG
Owner Occupied Rehabilitation Contract No. 09-HO-6046. Motion
seconded by Kuzelka. Mayor Ward
stated this contract is funding in the amount of $273,000.00 for the
rehabilitation of housing within the corporate limits of the City of
Fairbury. On roll call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka,
and Davis voted “yes.” Bailey didn’t vote. Motion carried.
Brown moved to
authorize Mayor Ward to sign the Professional Service/Consultant Agreement
between Southeast Nebraska Development District (SENDD) and the City of
Fairbury for the CDBG Owner Occupied Rehabilitation CDBG No. 09-HO-6046. Motion
seconded by Friesen. On roll call,
Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Bailey didn’t vote. Motion carried.
Trimm moved to
authorize Mayor Ward to sign the contract between the State of Nebraska
Department of Economic Development and the City of Fairbury for the CDBG
Disaster Recovery Contract No. 08-DRP-008. Motion
seconded by Brown. Mayor Ward
stated this grant, in the amount of $38,200.00, will be used to conduct a
comprehensive review of the areas and infrastructure damaged in the storms
of May and June of 2008. On roll call, Brown, Friesen, Bailey, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Kuzelka moved to
authorize Mayor Ward to sign the Standardized System of Annual Reporting
form for the Roads & Streets Financial Report for Fiscal Year Ending
September 30, 2009. Motion seconded
by Davis. On roll call, Brown,
Friesen, Bailey, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Davis moved to
authorize Mayor Ward to sign Change Order No. 1 for the Fairbury Paving &
Drainage Improvements – Paving District 2008-1 and 2008-2.
Motion seconded by
Lueders. Mayor Ward stated there are eleven changes listed which lowers
the original contract price of $163,471.62 by $1,526.44 for a net amount of
$161,945.18. On roll call, Brown, Friesen, Bailey, Trimm, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Friesen moved to
approve advertising for bids on the lease of the Industrial Park farmland
located in the S˝ of the NEĽ of 11-2-2. Motion seconded by Bailey. Brown
questioned if these would be sealed bids and opened at a council meeting or
whenever it states in the advertising. Parker stated they would be sealed
bids. On roll call, Brown, Friesen, Bailey, Trimm, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Bailey moved to
authorize Mayor Ward to sign the Nebraska County/City Lottery Annual Report
Form 35K for Fiscal Year Ending September 30, 2009.
Motion seconded by
Kuzelka. On roll call, Brown, Friesen, Bailey, Trimm, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Friesen moved to adopt
Resolution No. 753 authorizing the
City to amend Resolution No. 752 by amending two of the legal descriptions
for the special assessments and lien against the respective Lots therein.
Motion seconded by Trimm. Mayor Ward stated at the last council meeting,
fifteen properties had been approved for special assessments. Of these, we
had two legal descriptions that were incorrect which the Jefferson County
Register of Deeds discovered. On roll call, Brown, Friesen, Bailey, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Brown moved to
postpone Resolution No. 754, 755, and 756 obligating LB840 funds to “The
Country Cottage” project and the “Choice Communications, Inc.” project and
obligating a direct (reuse) loan to “The Country Cottage” project until the
January 5, 2010 Council meeting; at which time we will hopefully have the
information needed for these projects. These resolutions pertain to the
public hearings that were postponed until January 5, 2010.
Motion seconded by Kuzelka. On
roll call, Brown, Friesen, Bailey, Trimm, Lueders, Bender, Kuzelka, and
Davis voted “yes.” Motion carried.
Mayor Ward read by
title Ordinance No. 2988: AN ORDINANCE OF THE CITY OF FAIRBURY, NEBRASKA,
AMENDING FAIRBURY MUNICIPAL CODE §
133.05 REGULATING THE HEIGHT OF WEEDS AND GRASSES IN CERTAIN INSTANCES;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING AN EFFECTIVE DATE THEREOF. Bender moved to introduce and give 1st
reading to Ordinance No. 2988. Motion seconded by Friesen. Discussion on
the ordinance ensued. Mayor Ward stated there had been a change in the
Nebraska Legislature this year; and this is to follow their guidelines.
City Attorney David Bargen stated if an owner has two notices in one year
for tall grass complaints; with the first notice the owner receives of the
complaint, the height of the weeds have to be 12” or taller and with the
second notice the Legislature has lowered this to the height of the weeds
only having to be 8” or more. Bargen stated the Legislature has done this
as many municipalities have repeat offenders. Brown moved to suspend the
statutory three readings requirement. Motion seconded by Bailey. On roll
call on the motion to suspend the three readings, Brown, Friesen, Bailey,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried. On
roll call on the passage of Ordinance No. 2988, Brown, Friesen, Bailey,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Mayor Ward read by
title Ordinance No. 2989: AN ORDINANCE OF THE CITY OF FAIRBURY, NEBRASKA,
AMENDING THE DEFINITION OF AN ABANDONED MOTOR VEHICLE IN FAIRBURY MUNICIPAL
CODE § 133.40; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN
EFFECTIVE DATE THEREOF. Discussion on the ordinance ensued. Bargen stated
this ordinance is also a change in the Nebraska Legislature. The definition
of an abandoned vehicle use to be a vehicle left on public property for so
long, one left in a certain spot for so long; municipalities could then sell
the vehicle in certain situations if no one claimed them. It didn’t define
vehicles that were picked up by the authorities and kept in their impound
lot; couldn’t sell things in their own impound lot. This new ordinance
clarifies this confusion by amending the definition of an abandoned vehicle
to match the Legislature.
Trimm moved to suspend
the statutory three readings requirement. Motion seconded by Brown. On
roll call, Brown, Friesen, Bailey, Trimm, Lueders, Bender, Kuzelka, and
Davis voted “yes.” Motion carried. Friesen moved for the passage of
Ordinance No. 2989. Motion seconded by Kuzelka. On roll call, Brown,
Friesen, Bailey, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Within the City
Administrator’s report, Joseph Parker stated he would get in touch with
someone from SENDD regarding setting the public hearings for the January 5,
2010 Council meeting and the committees needing more information regarding
the projects.
Within the Mayors
report, Mayor Ward stated he has received very good feed regarding the City
for the last big snow removal.
Council member Ed
Friesen stated they had approximately120 people attend the Christmas Concert
Benefit for the Girl Scout Cabin, on December 13, 2009, at the Burkley Fine
Arts Center at the high school. Friesen stated they had received $1,065.00
from the free will donations for the admission, sales of different items,
and the Girl Scout bake sale. They also received $1,050.00 in other
donations. There was previously $1,650.00 in the Girl Scout Cabin account;
this totals $3,765.00. Friesen stated they’re still taking donations for
the Girl Scout Cabin renovation.
Bender moved to adjourn
the meeting. Motion seconded by Brown. On roll call, Brown, Friesen,
Bailey, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried. Meeting adjourned at 7:59 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl
Preston, City Clerk
