Regular Meeting
March
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 of March 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 designed
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:
- Approval of the minutes of the regular meeting of
March 2, 2010.
- Approval of claims.
- Approval of the February 2010 Reconciliation
Report.
- Consider resignation of Don Trimm from City
Council Ward 1 seat.
Councilmember Brown would like to thank Don Trimm for
all time and dedication he gave the City of Fairbury.
Brown moved to approve the Consent Agenda. Motion
seconded by Bailey. On roll call Brown, Friesen, Bailey, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to set a Public Hearing Regarding
Community Input of future city projects for April 20, 2010 at 7:30 p.m.
Motion seconded by Lueders. On roll call Brown, Friesen, Bailey, Lueders,
Bender, Kuzelka, and Davis voted “yes.”
Bender made a motion to approve the appointment of Cory
Defrain, Nicholas Georgi, and Tony Lytle as Part Time Police Officers.
Motion seconded by Davis. On roll call Brown, Friesen, Bailey, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Motion carried.
City Attorney Bargen administered the Oath of Office to
Cory DeFrain, Nicholas Georgi, and Tony Lytle as Part Time Police Officers.
Lana Likens gave a presentation for the future of LB
840 funds. The committee called Progress for Fairbury regarding the
upcoming election consisting of Jay Peterson, Jeff Meyer, Julie Knigge,
Thayne Tatro, and Lana Likens would like to see funding for both economic
development and infrastructure improvements by extending the current ½ cent
for Progress sales tax in this May’s election. The goal is to see the two
ballot issues – the plan and the tax which both require votes on the
ballot. If passed the tax can be extended. The ½ cent sales tax was
approved by Fairbury voters in 1998. This year it will end unless the voters
want it to continue. From 2000 through 2008 a tax revenue of $1,940,505 was
generated. $1,665,000 was available for special projects, and $275,505.47
was added to the City of Fairbury’s General Fund. This funding will assist
with infrastructure such as improvements to streets and alleys, curbs and
gutters, sidewalks, and new projects. The more money is available for the
City’s General Fund – giving property tax relief. This sales tax allows us
to support Progress for Fairbury. This tax is collected by 50 communities
in the State of Nebraska to help them fund development and infrastructure
projects.
Kuzelka made a motion to approve the request from
Central School to use different areas of the City Park on April 27, 2010
from 5:00 p.m. – 7:00 p.m. for the annual Family Fun Fitness Night. (Rain
date April 29, 2010.) They are requesting barricades be placed between 3:00
p.m. – 4:00 p.m. by the 5th Street entrance toward the Fun Park,
4th Street before coming past the softball complex, and one by
the community building. Motion seconded by Bender. On roll call Brown,
Friesen, Bailey, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Sandi Decker and William Stelling from the Airport
Authority Board spoke on the condition of the plane at the airport. The
plane came to Fairbury in the 1980’s from Humboldt, Nebraska. She stated
they need community service and money to help in fixing the plane up. The
canopy needs to be replaced and a false bottom needs to be put in. Mayor
Ward said they need a schedule on getting the work done. If the Airport
Authority could get a new canopy put on the city would help in putting it
on. Sandi felt they could fix the canopy, polish the plane up, and get new
lettering on it.
Mayor Ward read from the agenda “Consideration of the
2010 Annual Loan Agreement with the National Museum Of The United States Air
Force for the Aircraft on display at the Fairbury Airport and also
authorizing Mayor Ward to sign the documents” and called for a motion to
Take from the Table this agenda item.
Friesen moved to take from the Table # 6 under current
business – Consideration of the 2010 Annual Loan Agreement with the National
Museum of the United States Air Force for the Aircraft on display at the
Fairbury Airport and also authorizing Mayor Ward to sign the documents.
Motion seconded by Bailey. On roll call Brown, Friesen, Bailey, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Attorney Bargen will provide a
cover covered letter stating that within the next sixty days the City will
provide the Air Force a detailed under which the City plan will proceed
within the next two to three years to refurbish the aircraft. Attorney
Bargen has the documents from the Air Force stating what needs to be done.
Bailey made a motion that the City provide a detailed plan in sixty days to
the National Museum of the United States Air Force for the Aircraft on
display at the Fairbury Airport regarding refurbishment of the aircraft and
also authorizing Mayor Ward to sign the documents. Motion seconded by
Kuzelka. On roll call Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and
David voted “yes.” Motion carried.
Bender made a motion to roll over the Interlocal
Agreement the City of Fairbury, Jefferson County Sheriff’s Office, and
Jefferson County regarding the law enforcements officers. Motion seconded
by Friesen. On roll call Brown Friesen, Bailey, Kuzelka, Bender, Kuzelka,
and Davis voted “yes.” Motion carried.
Bender made a motion to roll over the K-9 Agreement
between the City of Fairbury, Jefferson County Sheriff’s Office, and
Jefferson County. Motion seconded by Davis. On roll call Brown, Friesen,
Bailey, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bender made a motion to approve the request from the
Fairbury Public Library to use the Swimming Pool from 8:00 p.m. to 9:30 p.m.
on Monday, June 21, 2010 for a pool party as an activity for the Teen Summer
Reading Program. The pool fee will be waived and lifeguards will have to be
scheduled for this event. Bender said the life guards have to do so many
hours of community service maybe they would donate their time. It will be
the responsibility of the library to hire life guards for this event if they
can not find any one to donate their time. Motion seconded by Bailey. On
roll call Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Police Chief Bryan presented the Police Report for the
year 2009. He reported on the General Statistics for the year of 2009
including accidents, arrests, citations, warnings, and incidents. He showed
comparative statistics from 2005 until 2009.
Council Member Bender spoke on Reviewing Funding
Sources for the future city projects. She had met with JEO Consulting Firm
and took them on a tour of the city. Fairbury has so much to offer. They
saw Crystal Springs, The Trails, Our Ballfields, The Downtown, and our new
Athletic Complex. The Community Development Assistance Act is there to help
with funding. Fairbury needs to be progressive.
Bender moved to adopt Resolution No. 769 obligating LB
840 funds to Jeffrey Johnson-Johnson Family Vision Care for a “Downtown
Design Challenge Grant” in the amount of $1329.36. Motion seconded by
Davis. On roll call Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and
Davis voted “yes.” Motion carried.
Bailey moved to adopt Resolution No. 770 obligating LB
840 funds to Ronald R. Brackle at 417 F Street for a “Downtown Design
Challenge Grant” in the amount of $2007.75. Motion seconded by Lueders. On
roll call Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Bailey moved to adopt Resolution No. 771 obligating LB
840 funds to Ronald R. Brackle at 425 F Street for a “Downtown Design
Challenge Grant” in the amount of $488.46. Motion seconded by Brown. On
roll call Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Lueders moved to adopt Resolution No. 772 levying and
assessing various fees, bonds or deposits, including but not limited to
sanitary sewer and water connections fees, and repealing Resolution 684 and
No. 762.Motion seconded by Bailey. On roll call Brown, Friesen, Bailey,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Mayor Ward read by title Ordinance No. 2990: AN
ORDINANCE AMENDING THE CITY OF FAIRBURY MUNICIPAL CODE SECTION 93.003 –
OBSTRUCTIONS. Kuzelka moved to give third reading to Ordinance No. 2990.
Motion seconded by Brown. On roll call Brown, Friesen, Bailey, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Motion carried. Bender moved to
give final passage of Ordinance No. 2990. Motion seconded by Bailey. On
roll call Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Mayor Ward read by title Ordinance No. 2991: AN
ORDINANCE AMENDING THE CITY OF FAIRBURY ZONING REGULATIONS – 2005 EDITION,
SECTION 4.13 REGARDING CONSTRUCTION OF ACCESSORY BUILDINGS. Friesen moved to
give 2nd reading to Ordinance No. 2991. Motion seconded by
Bailey. On roll call Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and
Davis voted “yes.” Motion carried.
Mayor Ward read by title Ordinance No. 2992: AN
ORDINANCE AMENDING THE CITY OF FAIRBURY ZONING REGULATIONS TO CHANGE THE
MAXIMUM SIZE LIMITS OF ACCESSORY BUILDINGS IN ALL RESIDENTIAL ZONING
DISTRICTS OF THE FAIRBURY ZONING REGULATIONS – 2005 EDITION, SECTION,
SECTIONS 5.06 – 5.09.Friesen moved to give 2nd reading to
Ordinance No. 2992. Motion seconded by Davis. On roll call Brown, Friesen,
Bailey, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Mayor Ward read by title Ordinance No. 2994: AN
ORDINANCE TO ESTABLISH WATER RATES; TO AMEND ORDINANCE NO. 2970: TO REPEAL
CONFLICTING SECTIONS AND TO PROVIDE FOR AN EFFECTIVE DATE. Bender moved to
introduce Ordinance No. 2994 and provide for its first reading. Motion
seconded by Friesen. On roll call Brown, Friesen, Bailey, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Within the City Administrator’s report the five houses
that have been demolished and by the end of the month two more houses could
be taken down. He also reported on our recycling center. He had talked to
Burton Enterprises who picks up at our center and said the items needs to be
sorted out differently. Joe and Mick will work on getting that changed.
Within Councilman Friesen’s report he gave an update on
the Girl Scout Cabin. There is now enough money to put on a new roof on the
cabin. The cost of putting a new roof is $6100.00 with a 10 year warranty.
Volunteers will work on the inside painting and remodeling hoping to have it
ready by the 4th on July. The Girls Scouts plan on having
activities held in the cabin over the 4th of July.
Mayor Ward announced the agenda item “ Consideration of
the Settlement Agreement between City of Fairbury, Fairbury Steaks, and
Dennis Brown in the matters Fairbury Steaks, Inc. and Dennis Brown v The
City of Fairbury, Nebraska; E. M. Mueller; George Phillips; Doug Brown;
Shirley Bender; LaVeda Fry; Donald Trimm; Chad Nelson; and Tim Polson, Case
No. CI 07-123 and City of Fairbury v Jefferson County Economic Development
Corporation, Fairbury Steaks Inc., and Dennis Brown, Case No. CI 08-216.”
Mayor Ward advised the audience that the Council would need to go into a
closed session for initial discussion, but after the closed session, the
Council would come back into open session for public discussion and so that
a decision could be made on the agreement. In open session, Bailey moved to
enter into closed session for the purpose of protecting the public interest,
the subject matter of the closed session being to discuss pending
litigation; designating individuals to remain as Mayor Ward, Council Members
Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and Davis, City Attorney
David Bargen, City Administrator Joseph Parker, and Deputy City Clerk Ruth
Belding. Motion seconded by Davis. On roll call Brown, Bailey, Friesen,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried. Mayor Ward
confirmed the purpose of the closed session was to protect the public
interest, the subject matter for the closed session being discussion of
pending litigation, and announced the start of the closed session to be
8:35. The council came out of closed session at 8:46. Mayor Ward read from
the agenda, “ Consideration of Settlement Agreement between City of
Fairbury, Fairbury Steaks, and Dennis Brown in the matters Fairbury Steaks,
Inc. and Dennis Brown v The City of Fairbury, Nebraska; E. M. Mueller;
George Phillips; Doug Brown; Shirley Bender; LaVeda Fry; Donald Trimm, Chad
Nelson; and Tim Polson, Case No. CI 07-123 and City of Fairbury v. Jefferson
County Economic Development Corporation, Fairbury Steaks Inc., and Dennis
Brown, Case No. CI08-216.” Brown made a motion to approve the Settlement
agreement between the City of Fairbury, Fairbury Steaks and Dennis Brown and
to have the City pay $12, 750.00 in the first case in the Opens Meeting Act
for attorney fees. Motion seconded by Davis. Attorney Bargen discussed the
contents of this agreement. A number of years ago, Fairbury Steaks and
Dennis Brown filed suit against the City, regarding the Open Meetings Act,
alleging a problem with a closed session of the City Council. There was
also a law suit brought by the City against Fairbury Steaks and Dennis Brown
about unpaid money which was part of the LB 840 Program. A settlement
agreement in both cases was discussed. All parties agreed it was in their
mutual best interests to end the litigation. This agreement provides that
neither side admits any liability, and all agreed to release each other. The
JCEDC portion of the suit was settled, about a year ago. The city did
retain some of the funds in this settlement. Both parties have agreed to
not sue either party again in these matters. Attorney Bargen noted both
sides agreed, it was in the best interest for both parties not to proceed
with the litigation and for both sides to release each other and move
forward. roll call Brown, Friesen, Bailey, Lueders, Bender, Kuzelka, and
Davis voted “yes.” Motion carried.
Bender moved to adjourn the meeting. Motion seconded
by Davis. On roll call, Brown, Friesen, Bailey, Lueders, Bender, Kuzelka,
and Davis voted “yes.” Motion carried. Meeting adjourned at 8:55 p.m.
Homer L. Ward,
Mayor
ATTEST: Ruth Belding, Deputy City Clerk
