Regular Meeting
February 2, 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 2nd 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,
Shirley Bender, Brad Kuzelka, and Kelly Davis. Absent: Don Trimm and 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 January 19, 2010.
2.
Approval of claims.
3.
Approval of the appointment of
Eugene Mueller to the Board of Adjustment. Term to expire May 2010.
Bender moved to vote on
item 3 of the Consent Agenda separate ~ approval of the appointment of
Eugene Mueller to the Board of Adjustment. Motion seconded by Kuzelka. On
roll call Brown, Friesen, Bailey, Bender, Kuzelka, and Davis voted “yes.”
Trimm and Lueders absent. Motion carried. Bender moved to approve items 1
and 2 of the Consent Agenda ~ Approval of the minutes and approval of
claims. Motion seconded by Davis. On roll call Brown, Friesen, Bailey,
Bender, Kuzelka, and Davis voted “yes.” Trimm and Lueders absent. Motion
carried. Mayor Ward explained item 3 on the Consent Agenda ~ the
appointment of Eugene Mueller to the Board of Adjustment stating Mueller is
a member of the Planning Commission, and after the removal of Blatny from
the Commission as Chair, the Commission voted Mueller as Chair. The Chair
of the Planning Commission also serves on the Board of Adjustment. Friesen
moved to approve item 3 of the Consent Agenda ~ Approval of the appointment
of Eugene Mueller to the Board of Adjustment; term to expire May 2010.
Motion seconded by Brown. On roll call Brown, Friesen, Bailey, Kuzelka, and
Davis voted “yes.” Bender voted “no.” Trimm and Lueders absent. Motion
carried.
Mayor Ward opened the
Public Hearing concerning the City of Fairbury, Nebraska
One and Six Year Street
Improvement Plan for 2010 – 2015.
Denny Graham from Olsson Associates stated the One and Six Year Street
Improvement Plan is much the same as last year’s. Graham stated some paving
and storm sewer projects have been completed. Graham stated 16th
Street between E and F Streets was left on the One Year Plan; the rest are
on the Six Year Plan. Once a street is put on the plan they stay on and get
carried through; don’t necessarily need to be completed within a certain
time frame. Graham stated the One Year Plan has a little more aggressive
schedule; some the City would anticipate doing within a few years and the
Six Year Plan is more of a wish list of projects that have been previously
put on the plan. No one else addressed the Council during the public
hearing. Mayor Ward declared the hearing closed.
Bailey moved to set a
Public Hearing for the Semi-Annual Review of the Local Option Sales Tax for
Economic Development (LB840) Program for February 16, 2010 at 7:30 p.m.
Motion seconded by Kuzelka. On roll
call, Brown, Friesen, Bailey, Bender, Kuzelka, and Davis voted “yes.” Trimm
and Lueders absent. Motion carried.
Bender moved to set a
Public Hearing concerning obligating further funding into the “Downtown
Design Challenge Grant” for Economic Development (LB840) Program for
February 16, 2010 at 7:30 p.m. Motion seconded by Davis. On roll call
Brown, Friesen, Bailey, Bender, Kuzelka, and Davis voted “yes.” Trimm and
Lueders absent. Motion carried.
Bender moved to
approve the request to set the City-Wide Cleanup for the week of
April 19 – 23, 2010.
Motion seconded by Friesen. On roll call, Brown, Friesen, Byrd, Bender,
Kuzelka, and Davis voted “yes.” Trimm and Lueders absent. Motion carried.
Davis moved to approve
the appointment of Larry Naiman, Assistant Superintendent of Utilities, as
the authorized representative for the City of Fairbury for the federally
declared disaster #FEMA 1864-DR. Motion seconded by Brown. On roll call,
Brown, Friesen, Bailey, Bender, Kuzelka, and Davis voted “yes.” Trimm and
Lueders absent. Motion carried.
City Administrator
Joseph Parker stated the four 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 four are the first that have
been submitted to the State for approval which we have received from the
State and the Nebraska State Historical Preservation office. Parker also
stated the asbestos inspection has been completed on all four properties;
Jeff Sweetser from the Light & Water Department will be working with the
contractors to cap off the water and sewer lines to the properties and
getting the projects started; Eric Voss will be working with the home owners
to get items removed from the houses in a reasonable period of time; and if
any have liens, these will need to be cleared prior to the demolition
occurring. Parker stated the City has received the following demolition
bids for 323 A Street; legally described as Lot 1 of Re-Survey of Lots 13,
14, and part of 15 of Nutting’s Subdivision, an addition to the City of
Fairbury, Jefferson County, Nebraska:
Lottman Excavating $ 9,900.00
Banahan Trucking & Excavating $ 9,877.00
Haddan Excavating $ 5,350.00
Gana Trucking $ 11,644.00
Parker recommended
going with the low bid of Haddan Excavating. Brown moved to award the
demolition bid for 323 A Street to Haddan Excavating in the amount of
$5,350.00. Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Bailey,
Bender, Kuzelka, and Davis voted “yes.” Trimm and Lueders absent. Motion
carried.
Parker stated the City
has received the following demolition bids for 405 B Street; legally
described as the East 46.5 feet of the North 40 feet of Lot 2, the West 95.5
feet of the North 20 feet of Lot 2, all of Lots 3 and 4, Block 22, Original
Town of Fairbury, Jefferson County, Nebraska:
Lottman Excavating $ 3,600.00
Banahan Trucking & Excavating $ 6,929.00
Haddan Excavating $ 5,685.00
Gana Trucking $ 10,259.00
Parker recommended
going with the low bid of Lottman Excavating. Bender moved to award the
demolition bid for 405 B Street to Lottman Excavating in the amount of
$3,600.00. Motion seconded by Davis.
On roll call, Brown, Friesen, Bailey,
Bender, Kuzelka, and Davis voted “yes.” Trimm and Lueders absent. Motion
carried.
Parker stated the City
has received the following demolition bids for 1405 3rd Street;
legally described as Lot 9 and the East 20 feet of Lot 8, Block 8,
Champlin’s Addition to the City of Fairbury, Jefferson County, Nebraska:
Lottman Excavating $ 3,590.00
Banahan Trucking & Excavating $ 5,500.00
Haddan Excavating $ 3,200.00
Gana Trucking $ 4,471.00
Parker recommended
going with the low bid of Haddan Excavating. Bailey moved to award the
demolition bid for 1405 3rd Street to Haddan Excavating in the
amount of $3,200.00. Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Bailey,
Bender, Kuzelka, and Davis voted “yes.” Trimm and Lueders absent. Motion
carried.
Parker stated the City
has received the following demolition bids for 1407 3rd Street;
legally described as the West five feet of the East ½ and West ½ of Lot 8,
Block 8, Champlin’s Addition to the City of Fairbury, Jefferson County,
Nebraska:
Lottman Excavating $ 6,500.00
Banahan Trucking & Excavating $ 8,954.00
Haddan Excavating $ 7,820.00
Gana Trucking $ 8,279.00
Parker recommended
going with the low bid of Lottman Excavating. Kuzelka moved to award the
demolition bid for 1407 3rd Street to Lottman Excavating in the
amount of
$6,500.00. Motion
seconded by Bender. On roll call,
Brown, Friesen, Bailey, Bender, Kuzelka, and Davis voted “yes.” Trimm and
Lueders absent. Motion carried.
Brown moved to
approve the Articles of Incorporation of Little Blue Area Development
Corporation (LBADC). Motion seconded by Davis. City Attorney David Bargen
stated their has been an ongoing effort the last few months to incorporate a
group to have an economic development group in Fairbury and Jefferson
County. The group has been meeting periodically and this is now the
formalization of this group; these are the documents to legally incorporate
the group. Bargen will file the Articles of Incorporation with the
Secretary of State of the State of Nebraska and also file forms with the IRS
to grant a 501c6 status for tax exemption. Bargen stated the LBADC is a
Nonprofit Corporation ~ the Corporation is a public benefit corporation.
The specific purposes of the Corporation are to promote economic development
and improve business conditions in the City of Fairbury, Nebraska and in
Jefferson County, Nebraska, for the benefit of the residents of the City and
County through activities designed to attract new business, improve
opportunities for existing businesses, and create a favorable business
climate, and through the solicitation of grants, and donations for the
support of such activities. Bargen stated the City of Fairbury will act as
the sole incorporator of this group. As the Bylaws, that were also in the
council packets note, the City will be a member of the Little Blue Area
Development Corporation after it is formed; and at this point the City will
be the only member until such time as other individuals or entities want to
become members of the corporation which their will be a vote of the members
to permit this. Council member Brad Kuzelka questioned if he should abstain
from the vote since he is on the Board of Directors of this group. Bargen
stated it would be okay for Kuzelka to vote on this issue. On roll call,
Brown, Friesen, Bailey, Bender, Davis, and Kuzelka voted “yes.” Trimm and
Lueders absent. Motion carried.
Davis moved to approve
the revised Written Consent in Lieu of First Meeting of the Incorporator of
Little Blue Area Development Corporation. Motion seconded by Friesen.
Bargen stated this document is for the incorporators of the corporation to
come together for their first meeting and vote on issues to get things
started and to actually approve and have the Articles of Incorporation filed
with the Secretary of State. Since the City is the only incorporator of the
corporation, this is a short cut around that to file a document in lieu of
first meeting. Bargen stated the document provided to the Council at this
meeting had been changed from the one in the council packets to reflect the
language change from a 501c3 corporation to a 501c6. A 501c3 status is if
the group would be focusing on blighted areas or helping serve under
populated places. This group will serve in general, in an area in the City
or the County, so a 501c6 is the proper filing status. Bailey moved to
amend the document by adding the date of March 30, 2010 as the first meeting
of the Board of Directors of the Corporation. Motion seconded by Bender.
On roll call, Brown, Friesen, Bailey, Bender, Davis, and Kuzelka voted
“yes.” Trimm and Lueders absent. Motion carried. On roll call on the main
motion to approve the revised Written Consent in Lieu of First Meeting of
the Incorporator of Little Blue Area Development Corporation, Brown,
Friesen, Bailey, Bender, Davis, and Kuzelka voted “yes.” Trimm and Lueders
absent. Motion carried.
Brown moved to approve
the revised Notice of Incorporation of Little Blue Area Development
Corporation. Motion seconded by Friesen. Bargen stated the document
provided to the Council at this meeting had been changed from the one in the
council packets to reflect the language change from a 501c3 corporation to a
501c6. On roll call, Brown, Friesen, Bailey, Bender, Davis, and Kuzelka
voted “yes.” Trimm and Lueders absent. Motion carried.
Bender moved to adopt
Resolution No. 759 approving the 2010 - 2015 One and Six Year Street
Improvement Plan as presented at said public hearing. Motion seconded by
Kuzelka. On roll call, Brown, Friesen, Bailey, Bender, Davis, and Kuzelka
voted “yes.” Trimm and Lueders absent. Motion carried.
Within the City
Administrator’s report, Joseph Parker stated for the Neighborhood
Stabilization Program they have submitted three more applications to the
State for demolition. According to the guidelines of the Program, the City
has to have two demolitions completed by the end of March 2010 and have
three more demolitions under contract.
Brown moved to adjourn
the meeting. Motion seconded by Bailey. On roll call, Brown, Friesen,
Bailey, Bender, Kuzelka, and Davis voted “yes.” Trimm and Lueders absent.
Motion carried. Meeting adjourned at 7:55 p.m.
Homer L.
Ward, Mayor
ATTEST: Sharyl
Preston
