Regular Meeting
April 15, 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 15th
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 April 1, 2008.
2.
Approval of claims.
3.
Approval of the March 2008 Reconciliation Report.
4.
Approval of appointment of Alan Bush to the Citizens Advisory Review
Committee.
5.
Approval of appointment of Darcy Brown to the Citizens Advisory
Review Committee.
Byrd made a motion to approve the Consent Agenda. Motion seconded by
Nelson. On roll call, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and
Polson voted “yes.” Brown abstained. Motion carried.
Police Chief Brooks Bryan gave a power point presentation on the Schlick
property. He showed comparison pictures from January 29, 2008 (when the
letter was sent) and April 15, 2008. Bender made a motion to set a public
hearing concerning Mike Schlick property at 806 Maple Street for May 6, 2008
at 7:30 p.m. Motion seconded by Friesen. On roll call, Brown, Friesen,
Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion
carried.
Trimm made a motion to set a public hearing concerning LB840 funding for
Siebert Communications Inc. project for May 6, 2008 at 7:30 p.m. Motion
seconded by Nelson. On roll call, Brown, Friesen, Trimm, Nelson, Bender,
Schacht, and Polson voted “yes.” Byrd voted “no.” Motion carried.
Nelson made a motion to set a public hearing concerning LB840 funding for
Fairbury Cycles project for May 6, 2008 at 7:30 p.m. Motion seconded by
Byrd. On roll call, Brown, Friesen, Trimm, Nelson, Bender, Schacht, and
Polson voted “yes.” Byrd voted “no.” Motion carried.
Bender made a motion to approve a request from Sheri Hinman with Central
School for permission to close off the park for a walk-a-thon on Thursday,
April 17, 2008 from 6:00 p.m. – 8:30 p.m. Motion seconded by Byrd. On roll
call, Brown, Phillips, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Byrd voted “no.” Motion carried.
Barbara Schmidt, a member of the Jefferson Community Coalition gave a
presentation concerning the Fairbury Youth Involvement (FYI) Center on
continuation of the D.A.R.E. program. She thanked the Council and Bryan for
continuing the program and Klaumann for teaching the program. Schmidt had
written a proposal to get a grant from Region V for Block Grant Funds. She
ended with reading one of the children’s essays.
Byrd made a motion to approve the recommendation from the Public Safety
Committee to let the fire department use the vehicle the police department
is getting rid of. Voss wouldn’t have to use his own personal vehicle –
could use this to do inspections and meetings. They will find their own
lights to use for this vehicle. Nelson wanted to know if this was the
vehicle that was just repaired. Yes it is. Motion seconded by Nelson. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson
voted “yes.” Motion carried.
Discussion was held regarding the recommendation from the Public Safety
Committee regarding the range master for the gun range. Bryan commented it
is an accountability issue. The range would be supervised and only used by
certified law enforcement. If hunters would come to site in rifles, City
Attorney Tobias Tempelmeyer stated they would have to sign a form. Mayor
Fry asked how something like this holds up in court. Tempelmeyer said it
would have to be drafted correctly. Citizen Janice Pfingsten is concerned –
they own land right next to the gun range – about their kids and cattle if
bullets would come over to their property. Fry wants Tempelmeyer to look at
the Fairbury Police Department Standard Operating Procedure that Bryan
handed out regarding the range master since no one really had a chance to
look it over very well. Fry also wants Tempelmeyer to check with other
communities and wants it to then go back to the Public Safety Committee.
Nelson made a motion to approve the purchase of a Grizzly Mosquito Mister
for the Street Department in the amount of $10,750.00 on the recommendation
from the Finance Committee. Bender stated they will sell the old one to a
small community. Motion seconded by Bender. On roll call, Brown, Friesen,
Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion
carried.
Trimm made a motion to approve a request from the Fairbury Chamber of
Commerce for blocking off downtown area streets for the parade route for
Wild West Weekend on June 7, 2008. Motion seconded by Byrd. On roll call,
Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Motion carried.
Resolution No. 684 concerning fees for the swimming pool will be on a later
council agenda as the Finance Committee is going to check with other area
pools regarding their fees.
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.
Nelson made a motion to give second reading to 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 amend Sections
150.50 and 150.51 of the Fairbury City Code; to adopt the International
Property Maintenance Code (IPMC) 2006 edition, published by the
International Code Council with amendments; to repeal sections, 150.52,
150.53, 150.54, and 150.55 the Fairbury City Code and all other conflicting
ordinances or parts of ordinances; and to provide for publication in
pamphlet form and for an effective date of this ordinance. Brown made a
motion to introduce and provide for the first reading of Ordinance No.
2974. Motion seconded by Schacht. On roll call, Brown, Friesen, Byrd,
Trimm, Nelson, Bender, and Polson voted “yes.” Motion carried.
Within the Mayor’s report, Fry stated she had been to the Tree City USA
Awards Banquet in Lincoln. We have been a Tree City for 21 years. Fry also
signed a Proclamation at Fairbury Public Schools for Week of the Young
Child.
Within the City Administrators report, Ferneau mentioned talking with Diode
Communications and having Danni Starck help with updating the city’s
website. Ferneau also commended the Kiwanis for sprucing up the downtown
area and the Garden Clubs for cleaning up the entrance to the park and
Conrad Park. He also mentioned that Aquila donated $500.00 towards the
purchase of trees for the parks and offered volunteer labor to help. This
will be done on Arbor Day.
Mayor Fry also thanked the organizations for their help and wants letters
sent to them.
Bender made a motion to adjourn the meeting. Motion seconded by Byrd. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson
voted “yes.” Motion carried. Meeting adjourned at 8:18 p.m.
LaVeda L. Fry, Mayor
ATTEST:
Sharyl Preston, City Clerk