Regular Meeting
February 16, 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 16th day of
February 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, Ed Friesen, Roger Bailey,
Beryl Lueders, Shirley Bender, Brad Kuzelka, and Kelly Davis. Absent: Don
Trimm.
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 February 2, 2010.
2.
Approval of claims.
3.
Approval of the January 2010
Reconciliation Report.
4.
Approval of the resignation of
Les Ward from the Museum Board.
Davis moved to approve
the Consent Agenda. Motion seconded by Friesen. On roll call Brown,
Friesen, Bailey, Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm
absent. Motion carried.
Mayor Ward opened the
Public Hearing concerning the
Semi-Annual Review of the Local Option Sales Tax for Economic Development
(LB840) Program. Darcy Brown, member of the Citizen’s Advisory Review
Committee, addressed the Council regarding the Program Review Report for the
period of July 1, 2009 through December 31, 2009. Brown stated during this
time period the committee had received for the Performance Based Grants:
five applications, seven applications were processed, one application was
denied by the committee, four applications were approved, two applications
are pending, two applications were approved and funded by the City, and zero
applications were denied by the City. Brown stated the financial review of
the applications was conducted according to credit review standards
established for the economic development program by the City of Fairbury.
The financial review of individual projects and applications was conducted
independent of participation from any member of the Citizen’s Advisory
Review Committee. This program review certifies the application process was
conducted properly and any funds expended or projects approved meet the
LB840 eligibility guidelines as written in our community’s plan and approved
(or amended) by the citizens on November 17, 1998. Brown stated no
discrepancies were noted in the program review. Brown stated the Loan
Status Report for the Performance Based Grant projects: monitoring jobs for
Lambert Vet Supply, Attitudes Apparel, Tatro Chiropractic, Mainstreet
Consulting, and TLC Creations and applications in process: Siebert
Communications, Choice Communications, and the Country Cottage. Brown
stated Choice Communications and the Country Cottage were approved January
2010. Brown stated the balance in the LB840 account at the end of January
2010 is $426,529.02. Mayor Ward stated the balance in the CDBG Reuse Fund
at the end of January 2010 is $42,800.90. No one else addressed the Council
during the public hearing. Mayor Ward declared the hearing closed.
Mayor Ward stated the
Public Hearing concerning obligating further funding into the “Downtown
Design Challenge Grant” for Economic Development (LB840) Program has been
continued until March 2, 2010 at 7:30 p.m. as it was not published in a
timely matter.
Bender moved to set a
Public Hearing regarding an ordinance amending the City of Fairbury Zoning
Regulations; making changes to section 4.13 of the Fairbury Zoning
Regulations – 2005 Edition (accessory buildings and uses) for March 2, 2010
at 7:30 p.m. Motion seconded by Bailey. On roll call Brown, Friesen,
Bailey, Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm absent.
Motion carried.
Brown moved to set a
Public Hearing regarding an ordinance amending the City of Fairbury Zoning
Regulations; changing the maximum size limits of accessory buildings in all
residential zoning districts of the Fairbury Zoning Regulations – 2005
Edition Sections 5.06 – 5.09 for March 2, 2010 at 7:30 p.m. Motion seconded
by Kuzelka. On roll call Brown, Friesen, Bailey, Lueders, Bender, Kuzelka,
and Davis voted “yes.” Trimm absent. Motion carried.
Bender moved to
approve the request from John Waldrep; manager of Wally’s Sports Bar &
Grill, for Wally’s to be a Keno Sales Outlet located at 1501 K Street,
Fairbury, Nebraska. Motion seconded by Davis. Finance and Keno Committee
chair, Beryl Lueders, stated the Finance and Keno Committee had also
approved this request. On roll call, Brown, Friesen, Bailey, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Trimm absent. Motion carried.
Bailey moved to
approve designating TierOne Bank as an additional bank for employees to open
Health Savings Accounts (HSA). Motion seconded by Lueders. On roll call,
Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Trimm absent. Motion carried.
City Administrator
Joseph Parker stated the three demolition bids on the agenda are part of the
Neighborhood Stabilization Program that the City has been awarded a Grant in
the amount of $110,000.00. Parker stated these three are the second batch
that has been submitted to the State for approval which we have received
from the State and the Nebraska State Historical Preservation office. Parker
stated the City has received the following demolition bids for 906 Arcade
Street; legally described as Lot 6, Block 8, Showalter’s Addition to the
City of Fairbury, Jefferson County, Nebraska:
Lottman Excavating $ 4,200.00
Banahan Trucking & Excavating $ 6,500.00
Haddan Excavating $ 3,285.00
Parker recommended
going with the low bid of Haddan Excavating. Brown moved to award the
demolition bid for 906 Arcade Street to Haddan Excavating in the amount of
$3,285.00. Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Bailey,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm absent. Motion
carried.
Parker stated the City
has received the following demolition bids for 924 Ash Street; legally
described as the South 27.5 feet of Lot 2, all of Lots 3, 4, 5, and 6, Block
4, Galbraith’s Addition to the City of Fairbury, Jefferson County,
Nebraska:
Lottman Excavating $ 2,975.00
Banahan Trucking & Excavating $ 5,500.00
Haddan Excavating $ 1,750.00
Parker recommended
going with the low bid of Haddan Excavating. Kuzelka moved to award the
demolition bid for 924 Ash Street to Haddan Excavating in the amount of
$1,750.00. Motion seconded by Davis.
On roll call, Brown, Friesen, Bailey,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm absent. Motion
carried.
Parker stated the City
has received the following demolition bids for 1101 Elm Street; legally
described as Lot 9 and the South 37.5 feet of Lot 8, Block 9, Bailey and
Christians Subdivision to the City of Fairbury, Jefferson County, Nebraska:
Lottman Excavating $ 3,275.00
Banahan Trucking & Excavating $ 5,500.00
Haddan Excavating $ 4,440.00
Parker recommended
going with the low bid of Lottman Excavating. Brown moved to award the
demolition bid for 1101 Elm Street to Lottman Excavating in the amount of
$3,275.00. Motion seconded by Bailey.
On roll call, Brown, Friesen, Bailey,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm absent. Motion
carried.
Mayor Ward read by
title Ordinance No. 2990: AN ORDINANCE AMENDING THE CITY OF FAIRBURY
MUNICIPAL CODE SECTION 93.003 – OBSTRUCTIONS. Bender moved to introduce and
give 1st reading to Ordinance No. 2990. Motion seconded by
Friesen. Council member Ed Friesen questioned if the landowners, who
currently have obstructions in the right-of-way, need to come in to get a
permit. Assistant Street Superintendent Laura Bedlan stated for the
existing obstructions in the right-of way, the landowners do not need to get
a permit; but all new obstructions, the landowners will have to get a
permit. Council member Shirley Bender questioned regarding regular
mailboxes since the ordinance states ornamental mailboxes. Bedlan stated no
permits would be needed for regular mailboxes required by the post office.
Bedlan stated the City will not be responsible for repairing or paying for
anything in the right-of-ways (the area typically between the street and the
back of the sidewalk) while engaged in municipal operations. City Attorney
David Bargen stated by getting a permit, this should also minimize the
amount of damage done by the City, since the permit states the necessary
requirements. On roll call, Brown, Friesen, Bailey, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Trimm absent. Motion carried.
Bailey moved to adopt
Resolution No. 760 obligating LB840 funds to Ronald R. Brackle at 425 F
Street for a “Downtown Design Challenge Grant” in the amount of $1,356.00.
Motion seconded by Davis. On roll call, Brown, Friesen, Bailey, Lueders,
Bender, Davis, and Kuzelka voted “yes.” Trimm absent. Motion carried.
Bender moved to adopt
Resolution No. 761 obligating LB840 funds to Ronald R. Brackle at 528 5th
Street for a “Downtown Design Challenge Grant” in the amount of $1,020.00.
Motion seconded by Kuzelka. On roll call, Brown, Friesen, Bailey, Lueders,
Bender, Davis, and Kuzelka voted “yes.” Trimm absent. Motion carried.
Kuzelka moved to adopt
Resolution No. 762 Levying and Assessing Various Fees, Bonds or Deposits,
including but not limited to Sanitary Sewer and Water Connection Fees, and
repealing Resolution No. 635. Motion seconded by Brown. Bedlan stated this
resolution is basically fees the City charges. Bedlan stated additions to
this fee schedule are: Building Permit, Commercial (Repair, Remodel),
Equipment Rental Charges (which basically covers employee and equipment
fees), Right-of-Way Construction Permit (including but not limited to
underground sprinklers, ornamental mailboxes, signage, lighting, etc.), and
Administrative Subdivision under Subdivision Plat Application. Bedlan
stated fee increases are for the Boy Scout Cabin Rental, Community Building
Use for the South Room and the Gym, and Girl Scout Cabin Rental. On roll
call, Brown, Friesen, Bailey, Lueders, Bender, Davis, and Kuzelka voted
“yes.” Trimm absent. Motion carried.
Within the Mayor’s
report, Mayor Ward stated more advertising will be done of the LB840 Program
in connection with the Primary Election to be held this May 11, 2010. Mayor
Ward stated if any Council members have questions regarding the LB840; they
need to get together and go over the program so they’ll be able to answer
any questions asked of them. Mayor Ward also stated everyone should be
receiving information from the Census Bureau regarding the 2010 Census and
he encourages everyone to fill out the questionnaire and return it to the
Census Bureau. This information is very helpful in many situations i.e.:
helps set the seats in the legislature, distribute federal funds, school
lunch programs, etc.
Bender moved to adjourn
the meeting. Motion seconded by Kuzelka. On roll call, Brown, Friesen,
Bailey, Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm absent.
Motion carried. Meeting adjourned at 7:55 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
