Regular Meeting
December 20, 2011
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 20th day of December 2011, 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, Rick Carmichael, Roger Bailey, Tim Polson,
Joshua Vossler, Shirley Bender, Brad Kuzelka, and Kelly Davis.
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 6, 2011.
2.
Approval of claims.
3.
Approval of the November 2011
Reconciliation Report.
Polson moved to approve the Consent Agenda.
Motion seconded by Carmichael. On roll call, Polson, Bailey, Carmichael,
Brown, Vossler, Kuzelka, and Davis voted “yes.” Bender abstained. Motion
carried.
Bender moved to approve the recommendation
from the Planning Commission to declare Special Use Permit No. 2008-001
regarding an accessory building for Wayne Weichel null and void based on the
changes to Section 4.13 I of the City of Fairbury Zoning Regulations – 2005
Edition. Motion seconded by Vossler. Zoning Administrator Laura Bedlan
addressed the Council. Bedlan stated the City of Fairbury Zoning
Regulations had been amended to now allow for accessory buildings on a lot
without primary buildings in the City of Fairbury. Bedlan stated this is a
housekeeping issue since the Special Use Application was to build an
accessory building on a lot without a primary building; before the amendment
this was not allowed. On roll call,
Polson, Bailey, Carmichael, Brown, Vossler,
Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Bender moved to approve the request from
the Keno Sales Outlet/Wally’s Sports Bar & Grill located at 1501 K Street to
have Zeilinger Keno remove the keno equipment from their location. Motion
seconded by Carmichael. On roll call, Polson, Bailey, Carmichael, Brown,
Vossler, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Mayor Ward read by title Ordinance No.
3016: AN ORDINANCE AMENDING FAIRBURY MUNICIPAL CODE §93.090
TO RECLASSIFY CERTAIN STREET TREES, TO REMOVE AND ADD CERTAIN TREES FROM
THOSE OFFICIALLY RECOGNIZED FOR USE AS STREET TREES, AND TO RECOGNIZE THE
CITY TREE BOARD AS A CONSULTING ORGANIZATION WITH THE CITY PROVIDING FOR THE
EFFECTIVE DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Brown moved
to give 2nd reading to Ordinance No. 3016. Motion seconded by
Kuzelka. On roll call, Polson, Bailey, Carmichael, Brown, Vossler,
Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Mayor Ward read by title Ordinance No.
3017: AN ORDINANCE TO AMEND FAIRBURY MUNICIPAL CODE SECTIONS 134.06 THROUGH
134.10 RELATED TO RESIDENCY RESTRICTIONS FOR SEXUAL PREDATORS, TO COMPLY
WITH STATE STATUTE.
Bender moved to introduce and give 1st
reading to Ordinance No. 3017. Motion seconded by Vossler. Assistant
Street Superintendent Laura Bedlan addressed the Council. Bedlan stated she
would like the Council to give all three readings on this ordinance. Police
Chief Chad Sprunk addressed the Council. Sprunk stated he would also like
the Council to do all three readings. Sprunk stated the current ordinance
does not comply with state statute regarding sexual offenders/sexual
predators; our code is null and void if it isn’t in compliance with state
statute. Sprunk stated as soon as the ordinance is in place the residency
restrictions will apply. Bender moved to suspend the statutory three
readings requirement for Ordinance No. 3017. Motion seconded by Vossler.
On roll call, Polson, Bailey, Carmichael, Brown,
Vossler, Bender, Kuzelka, and Davis voted “yes.” Motion to suspend the
three readings requirement carried. Bailey moved for the final passage of
Ordinance No. 3017. Motion seconded by Polson. On roll call, Polson,
Bailey, Carmichael, Brown, Vossler, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Within the City
Administrator’s report, Joseph Parker encouraged everyone to utilize the
website
www.fairburytownhall.com. Parker stated this website will be used to
gather information from citizens regarding the comprehensive plan. The
website has different questions that everyone can answer regarding our
community; this should give us good input from the citizens – you can even
comment on the different comments. Bedlan stated next week she will change
the questions – keep getting new topics for everyone to make comments – this
will help with updating our comprehensive plan. Bedlan also encouraged
everyone to utilize the website.
Public Safety
Chairman, Doug Brown stated he received a letter from the Fairbury Rural
Fire Department rejecting the City’s offer of $10,000.00 for their building.
Council member Shirley
Bender invited everyone to attend the Official Lighting Ceremony for the new
Christmas Lights on Thursday, December 22, 2011 on the north side of the
courthouse. Bender stated the Girl Scouts will be having pictures with
Santa and also gift wrapping with the proceeds going to the Girl Scout
Cabin. Bender stated Acts in Motion will be doing gingerbread houses with
kids at Thom Hunt’s Studio. Hunt will be making a larger gingerbread house
out of concrete which will be auctioned off with the proceeds going to the
Rescue Truck Equipment Fund. Bender stated carolers will also be on the
square.
Bender
moved to adjourn the meeting. Motion
seconded by Polson. On roll call, Polson, Bailey, Carmichael, Brown,
Vossler, Bender, Kuzelka, and Davis voted “yes.” Motion carried. Meeting
adjourned at 7:40 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl Preston,
City Clerk
