Regular Meeting
April 1, 2008
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 1st
day of April, 2008, at 7:30 p.m. Mayor LaVeda L. Fry 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 as required by law.
Roll call found the following Council Members present: Brown, Friesen,
Byrd, Trimm, Nelson, Bender, Schacht, and Polson.
Mayor Fry called for the submittal of forms to request future agenda items.
No forms were submitted during the meeting.
Mayor Fry read the Consent Agenda:
1.
Approval of the minutes of the regular meeting of March 18, 2008.
2.
Approval of claims.
Byrd made a motion to approve the Consent Agenda. Motion seconded by
Trimm. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht,
and Polson voted “yes.” Motion carried.
The
city received a manager application from the Nebraska Liquor Control
Commission. Byrd made a motion to accept the manager application of Douglas
Tracy in connection with the Veterans FW Post 3113 dba Veterans FW 3113,
located at 2337 North K Street. Motion seconded by Brown. On roll call,
Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Motion carried.
Maryann Willis from the Fairbury Area Community Theatre (F.A.C.T.) group
requested using the train in the park during Wild West Weekend on June 7 –
8, 2008. They would like to portray a train robbery. Polson asked about
insurance. Ferneau stated that we may have to have special insurance for
this – he has checked with Ron Starr but he has not gotten back to him. If
we do have to have the insurance, it was estimated that it would cost
between $100.00 and $200.00. We would not have to take the fence down –
they would just use the gate. Trimm made a motion to approve the F.A.C.T.
group using the train during Wild West Weekend. Motion seconded by Brown.
On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and
Polson voted “yes.” Motion carried.
Bender made a motion to approve the planning consultant contract with
Hanna:Keelan Associates for CDBG #07-PP-020 Citywide “Housing Market Study
with Strategies for Affordable Housing” and authorize the mayor to sign the
Housing Study contract. Motion seconded by Byrd. On roll call, Brown,
Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”
Motion carried.
Discussion was held regarding purchasing a new police vehicle on state bid.
Councilman Doug Brown spoke on behalf of the Public Safety Committee. Brown
stated that $30,000.00 was budgeted for a vehicle. They decided the current
vehicle they would be replacing is costing a lot of money in repairs so
decided more feasible to go with the truck. The cost for the truck with the
equipment they need will be $29,713.00. Said they had discussed which would
be worth more down the road – a truck versus a car. They think the truck
would have a better resale value. Councilwoman Shirley Bender wanted to
know if they would still get the other vehicle repaired. Brown stated that
the Public Safety Committee also approved getting the other vehicle
repaired. Councilman Tim Polson stated he didn’t think a pickup was the
best thing looking at an economical view. Police Chief Brooks Bryan stated
he asks for the optimum for his department and he realizes the committees
and council have to look at the money end of it and the expenses. Bryan
also stated they need a vehicle to move things around – to move bulk from
and to scenes. Councilman Ed Friesen had done a cost/mile comparison
between an Impala, Crown Victoria and a Chevy ½ ton pickup. Friesen also
talked about the ending value and the maintenance cost difference is
something to be considered. Nelson made a motion to approve the purchase of
a Chevrolet Silverado Pickup. Motion seconded by Byrd. On roll call,
Brown, Friesen, Byrd, Trimm, Nelson, Bender, and Schacht voted “yes.”
Polson voted “no.” Motion carried.
City Administrator Jim Ferneau stated the agreement with Olsson Associates
for professional services as City Engineer has a $5,000.00 cap on expenses.
The significant projects would still need to go through the council for
approval. Bender made a motion to approve the Professional Services
Agreement with Olsson Associates as City Engineer. Motion seconded by
Nelson. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht,
and Polson voted “yes.” Motion carried.
City Attorney Tobias Tempelmeyer addressed the council in regards to
tentative ordinance language for adoption of the IPMC that has been
discussed at previous meetings. Councilman Chad Nelson thought the
International Property Maintenance Code should be on a complaint basis to
initiate. Fire Chief Eric Voss stated that if the ordinance is passed he
would anticipate bringing the standard operating procedures up at the next
council meeting, which would be the appropriate time to discuss making the
process be on a complaint basis. Friesen asked if using a complaint basis
would require the city to respond beyond budget constraints. Tempelmeyer
stated the complaint basis versus an anonymous process would both allow the
city to determine that they only have enough time and money to address a
certain number of complaints. Byrd made a motion to have Tempelmeyer draft
a version of ordinance for council consideration at the next council
meeting. Motion seconded by Brown. On roll call, Brown, Friesen, Byrd,
Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion carried.
Police Chief Brooks Bryan presented the 2007 Annual Police Department
Report.
Mayor Fry read by title Resolution No. 683 to install a fifteen minute
parking stall on the east side of E Street between 4th and 5th
Street in front of 424 E Street and another on the South side of 5th
Street between E and F Streets. Bender made a motion to adopt Resolution No.
683. Motion seconded by Friesen. On roll call, Brown, Friesen, Byrd,
Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion carried.
Mayor Fry read by title Ordinance No. 2973: An ordinance to add Section
71.77 regarding All-Terrain Vehicles to the Fairbury City Code; to repeal
all other conflicting ordinances or parts of ordinances; to provide for
publication in pamphlet form and for an effective date of this ordinance.
Polson stated he felt they should have to wear a helmet and that they are
for off road use only. Trimm made a motion to introduce and provide for the
first reading of Ordinance No. 2973. Motion seconded by Byrd. On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, and Schacht voted “yes.” Bender
and Polson voted “no.” Motion carried.
Mayor Fry read by title Ordinance No. 2974: An ordinance to add Section
35.18 regarding Board of Public Works Funds to the Fairbury City Code; to
repeal all other conflicting ordinances or parts of ordinances; to provide
for publication in pamphlet form and for an effective date of this
ordinance. Pam Schroeder requested that the ordinance be read in full.
Mayor Fry read the ordinance in its entirety. Ferneau said the council
should think through the consequences of decisions with what you do. Bender
said they should look at the ordinance book – this ordinance is probably not
written the way it should be and they should be aware of certain items in
the code book. Tempelmeyer stated he didn’t think this ordinance would be in
conflict with the current ordinance. Tempelmeyer does see a problem with
which department would ask permission first – whether it be the council to
BOPW or BOPW to the council. Tempelmeyer also stated he could rewrite the
ordinance how they would want it. Kent Preston from the Board of Public
Works wanted to know why they were not informed of the information that was
sent out by Ferneau and why it wasn’t brought up at their meeting that
morning. No motion was given.
Within the City Administrators report, Ferneau discussed the letter from the
county commissioners on the DARE program; also in regards to the public
works ordinance asked them to continue discussing it – not to let it die --
and specify what they agree and don’t agree about it and to put it on the
agenda again. Trimm asked what was going on with the Runza zoning. Ferneau
stated that the county commissioners had discussed it and they will be
having a public hearing.
Polson made a motion to enter into closed session for the purpose of
discussing pending litigation, designating individuals to remain as Mayor
Fry; Council Members Brown, Byrd, Friesen, Trimm, Nelson, Bender, Schacht,
and Polson; City Attorney Tobias Tempelmeyer; and City Administrator Jim
Ferneau. Motion seconded by Brown. On roll call, Brown, Friesen, Byrd,
Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion carried.
Mayor Fry restated the subject matter to be discussed would be limited to
pending litigation and announced the time to be 9:09 p.m.
Friesen made a motion to enter into open session at 9:42 p.m. Motion
seconded by Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Bender, Schacht, and Polson voted “yes.” Motion carried. Mayor Fry stated
the subject matter discussed while in closed session was pending
litigation.
Byrd made a motion to adjourn the meeting. Motion seconded by Trimm. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson
voted “yes.” Motion carried. Meeting adjourned at 9:47 p.m.
LaVeda L. Fry, Mayor
ATTEST: Sharyl Preston, City Clerk
