Regular Meeting
June 15, 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 15th day of
June 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, Tim
Polson, Phil Rogge, Brad Kuzelka, and Kelly Davis. Absent: Shirley Bender.
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 June 1, 2010.
2.
Approval of claims.
3.
Approval of the May 2010
Reconciliation Report.
Rogge moved to approve
the Consent Agenda. Motion seconded by Bailey. On roll call, Brown,
Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender
absent. Motion carried.
Friesen moved to set a
Public Hearing concerning a request for a Special Use Permit (SU-2010-01)
from Harold Wiegert to exceed the accessory building square foot requirement
located in the R1 – Low Density Residential Zoning District; located at
56935 Brawner Avenue for July 6, 2010 at 7:30 p.m. Motion seconded by
Kuzelka. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and
Davis voted “yes.” Bender absent. Motion carried.
Brown moved to set a
Public Hearing concerning a request for a Special Use Permit (SU-2010-02)
from Ron and Nancy Byrd to expand an existing nonconforming residential
structure located in the R3 – High Density Residential Zoning District;
located at 711 B Street for July 6, 2010 at 7:30 p.m. Motion seconded by
Rogge. On roll call, Brown,
Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender
absent. Motion carried.
Mayor Ward read from
the agenda “opening and consideration of sealed bids received for 411 A
Street; legally described as the North 57.28’ of Lot 16, Nutting’s
Subdivision of Fairbury, Jefferson County, Nebraska, except the West 120’
thereof.” The City Clerk stated no bids were received. No action taken.
Mayor Ward read from
the agenda “opening and consideration of sealed bids received for 721
G Street; legally described as the North 44.5’ of Lots 1 & 2, Block 2,
Original Town of Fairbury, Jefferson County, Nebraska.” The City Clerk
stated no bids were received. No action taken.
Mayor Ward read from
the agenda “consideration of recommendations from the Economic Development
Review Committee (LB840) for “Discs N Dat” project ($10,000.00 Performance
Based Grant) and set a public hearing.
Craig Eberle, Business Loan Officer with
SENDD, addressed the Council. Eberle stated he had a joint meeting with the
CDBG- Economic Development Loan Fund (EDLF) Review Committee and the
Economic Development Review Committee regarding “The Discs N Dat” project.
Eberle stated Discs N Dat is a retail outlet for disc golf discs and
accessories, skateboard equipment and build-a-boards, opoly games and
puzzles and various clothing lines. They will also be serving as a drop
point for UPS shipping. Discs N Dat has been leasing a retail location in
the new Fairbury strip mall, Prairie Point Plaza, since April 10, 2010.
The total project needs consist of working capital – that will be used for
advertising and short term operating; additional inventory purchases needed
to meet customer demands; equipment – the main purpose of using the funds
will be to purchase screen printing equipment so they can print custom
designs on numerous articles of clothing. This will allow for further
expansion of the retail business and provide a needed service for
customers. Eberle stated this project meets the criteria to use the
performance based grant from the LB840 fund in the amount of $10,000.00.
The Economic Development Review Committee met last week and approved this
project. The applicants, Chris and Nancy Amundson, will commit to creating
one FTE job position. This agreement will contain requirements of a
Promissory Note, UCC Filing and a Security Agreement. The City will have a
first lien on the screen printing equipment as well as a $15,000.00 Deed of
Trust, second lien, on their personal residence. Friesen moved to set a
public hearing concerning LB840 funds for a “Performance Based Grant” in the
amount of $10,000.00 for the “Discs N Dat” project for July 6, 2010. Motion
seconded by Bailey. On roll call,
Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried.
Mayor Ward read from
the agenda “consideration of recommendations from the CDBG-Economic
Development Loan Fund Review Committee for “Discs N Dat” project ($5,000.00
Reuse Loan) and set a public hearing.
Craig Eberle, Business Loan Officer with
SENDD, addressed the Council. Eberle stated the CDBG-Economic Development
Loan Fund (EDLF) Review Committee and the Economic Development Review
Committee had a joint meeting last week and they approved this project.
“Discs N Dat” is also requesting a $5,000.00 Reuse Loan with this same
project which will be paid back to the City over five years at a 3% interest
rate with monthly payments. Eberle stated the use of the funds will be in
addition to the LB840 grant fund to purchase inventory, working capital and
the screen printing equipment. This agreement will contain requirements of
a Promissory Note, UCC Filing and a Security Agreement. The City will have
a first lien on the screen printing equipment as well as a $15,000.00 Deed
of Trust, second lien, on their personal residence. Bailey moved to set a
Public Hearing concerning a “CDBG – Economic Development Loan Fund (Reuse
Loan)”, which will be paid back to the City, in the amount of $5,000.00 for
“Discs N Dat” project for July 6, 2010. Motion seconded by Rogge. Mayor
Ward questioned the existing loan, with the Rural Enterprise Assistance
Program, if it is a secured loan. Eberle stated it is a secured loan; they
have a first lien on inventory. Eberle stated he has email confirmation
from the head office of REAP that they will agree with the City having first
lien on the screen printing equipment which will be purchased with the money
from the City. Eberle stated the first security agreement is usually all
encompassing on all business assets. The City will have the first lien on
the screen printing equipment that they will be purchasing and second lien
on all other inventory. Council member Phil Rogge questioned the value of
the screen printing equipment. Eberle stated it is $8,100.00 of which they
have a quote. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka,
and Davis voted “yes.” Bender absent. Motion carried.
Rogge moved to approve
the application for liquor license manager submitted by Pizza Hut located at
505 14th Street; Fairbury, Nebraska, for Stephanie A. Fisher.
Motion seconded by Brown. Mayor Ward stated the reason this needs to be
approved is Pizza Hut has a new manager. Rogge questioned if Pizza Hut also
serves liquor or is it just beer. Brown stated this is just for the new
manager no other changes. On roll call, Brown, Friesen, Bailey, Polson,
Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion carried.
City Administrator
Joseph Parker stated demolition bids were received and opened on Monday,
June 14, 2010 pursuant to the bid notice, for twenty houses which are part
of the Neighborhood Stabilization Program. Parker stated he had given the
Council members a spreadsheet showing the bids submitted for the demolition
projects for the Neighborhood Stabilization Program; the second page showing
the lowest bids submitted and the projects he would like to have accepted
and rejected. Parker stated this sheet shows hitting the mark of $67,928.00
– we will have about spent all of the money that we have available through
the grant, with adding the additional asbestos amounts required after the
State informed the City it would require additional asbestos removal by
trained contractors. Parker stated he would like to have the Council
approve the low bids that were submitted; nine would go to Haddan and three
to Lottman; this would be removing twelve more houses with this program.
Parker stated the reason for the additional asbestos charges is because
previously working with the State they required the contractors have a
certified abatement company to abate only the friable asbestos and not the
non-friable (the contractor could do the non-friable). The City was
notified late Monday afternoon, after bids had been opened, that the State
will start enforcing the requirement of a certified abatement company to
abate all asbestos – friable and non-friable. Parker explained the City
contacted the asbestos abatement company that all bidders used for their
bids, obtained the cost to remove the friable asbestos, and added that
amount to the bids received for the properties that had friable asbestos.
Parker recommended using the first sheet of the spreadsheet, to accept or
reject bids, which follows the order of the agenda. Rogge questioned if
this is all of the grant money the City received. Parker stated we have
already brought down seven houses and spent about $26,000.00; so we have
about $74,000.00 left. The key to this is how many more houses we should be
able to take down with the $74,000.00. Council member Doug Brown questioned
if any landowners had put any money into this project. Parker stated it is
all grant money. Council member Kelly Davis questioned how many houses we
were hoping to take down with the grant money at the beginning of the
project. Parker stated the State hoped we could do at least five with the
$100,000.00. Parker stated we should be able to do nineteen houses. City
Attorney David Bargen asked Parker if the reason for rejecting certain bids
is because the money will run out after funding demolition of the properties
that the City has prioritized. Parker replied “yes”. Bargen stated if it
is easier the Council could make a motion to take these properties out of
order of the agenda and follow the second page of the spreadsheet and go
down the list like Parker has them listed by order of priority to the City
until we get to the part where the money runs out; and then go back and
reject the rest of the properties or go in order of the agenda. Parker
questioned if the change orders should be done for the asbestos at the same
time the bids are accepted. Bargen stated the Council would accept the low
bid first and then thereafter approve the change order for the additional
cost of the asbestos. Bargen stated the State had changed the enforcement
requirements after the City had received the bids; the additional costs of
the asbestos was added in an equal manner to the bids involving asbestos
removal; it doesn’t change the low bid or high bid, it just changes the
final number for the winning bid that it comes in at. Mayor Ward stated we
would need two motions on the three properties that have the additional
asbestos change orders. Parker recommends going down the second
spreadsheet, accepting the bids and the change orders, and then reject the
other bids. Bargen suggested doing each property separately. Friesen moved
to go down the second sheet of the spreadsheet for the bidding process.
Motion seconded by Bailey. On roll
call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Mayor Ward read from
the agenda – Item #22 – “consideration of demolition bid for the NSP1
located at 1319 3rd Street; legally described as the East ½ of
Lot 10 and the West ½ of Lot 11, Block 7, Champlin’s Addition to the City
of Fairbury, Jefferson County, Nebraska.”
Brown moved to accept
the low demolition bid from Haddan Excavating in the amount of $2,484.00 for
1319 3rd Street. Motion seconded by Rogge.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Mayor Ward read from
the agenda – Item #9 - “consideration of demolition bid for the NSP1
located at 123 5th Street; legally described as all that part of
Lots 1 & 2, lying West of the Right-of-Way of the St. Joseph and Grand
Island Railway Company, except the West 87’ thereof, Block 21, Original Town
of Fairbury, Jefferson County, Nebraska.” Rogge moved to accept the low
demolition bid from Haddan Excavating in the amount of $2,784.00 for
123 5th
Street. Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Mayor Ward read from
the agenda – Item #8 - “consideration of demolition bid for the NSP1
located at 903 Lindell Street; legally described as Lot 1, Block 2, Lindell
and Hansen’s Second Addition to the City of Fairbury, Jefferson County,
Nebraska.” Bailey moved to accept the low demolition bid from Haddan
Excavating in the amount of $4,484.00 for
903 Lindell Street.
Motion seconded by Rogge. On roll
call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried.
Mayor Ward read from
the agenda – Item #13 - “consideration of demolition bid and asbestos
abatement change order #1 for the NSP1 located at 609 M Street; legally
described as Lot 12, Block 4, Rives and Hansen’s Addition to the City of
Fairbury, Jefferson County, Nebraska.” Rogge moved to accept the low
demolition bid from Haddan Excavating in the amount of $4,629.00 for 609 M
Street. Motion seconded by Brown.
On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis
voted “yes.” Bender absent. Motion carried. It was clarified that no
change order is required for 609 M Street as it has no additional asbestos.
Mayor Ward read from
the agenda – Item #10 - “consideration of demolition bid for the NSP1
located at 307 West 9th Street; legally described as Lot 1, Block
1, Rochelle Place Addition to the City of Fairbury, Jefferson County,
Nebraska, except the railroad right-of-way.” Friesen moved to accept the
low demolition bid from Haddan Excavating in the amount of $5,084.00 for 307
West 9th Street. Motion seconded by Rogge.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Mayor Ward read from
the agenda – Item #16 - “consideration of demolition bid for the NSP1
located at 114 West 9th Street; legally described as Lot 5 and
the East 20.75’ of Lot 6, Block 3, Lindell and Hansen’s Second Addition to
the City of Fairbury, Jefferson County, Nebraska.” Rogge moved to accept
the low demolition bid from Haddan Excavating in the amount of $5,300.00 for
114 West 9th Street. Motion seconded by Bailey.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Mayor Ward read from
the agenda – Item #7 - “consideration of demolition bid for the NSP1
located at 723 B Street; legally described as Lot 6, Block 7, Original Town
of Fairbury, Jefferson County, Nebraska.” Polson moved to accept the low
demolition bid from Haddan Excavating in the amount of $5,984.00 for 723 B
Street. Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Mayor Ward read from
the agenda – Item #18 - “consideration of demolition bid for the NSP1
located at 1002 C Street; legally described as the South 71’ and 3” of Lot
7, Block 2, Gibson’s Addition to the City of Fairbury, Jefferson County,
Nebraska.” Kuzelka moved to accept the low demolition bid from Haddan
Excavating in the amount of $6,184.00 for
1002 C Street. Motion
seconded by Friesen. On roll call,
Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried.
Mayor Ward read from
the agenda – Item #14 - “consideration of demolition bid and asbestos
abatement change order #1 for the NSP1 located at 203 7th Street;
legally described as Lot 7, Block 6, Original Town of Fairbury, Jefferson
County, Nebraska.” Friesen moved to accept the low demolition bid from
Haddan Excavating in the amount of $6,445.00 for 203 7th Street.
Motion seconded by Rogge. On roll
call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried. Brown moved to approve the asbestos
abatement change order in the amount of $985.00 for 203 7th
Street. Motion seconded by Friesen. On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Mayor Ward read from
the agenda – Item #12 - “consideration of demolition bid for the NSP1
located at 118 5th Street; legally described as the West ½ of
Lots 5 & 6, Block 22, Original Town of Fairbury, Jefferson County,
Nebraska.” Rogge moved to accept the low demolition bid from Lottman
Excavating in the amount of $7,200.00 for 118 5th Street. Motion
seconded by Bailey. On roll call,
Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried.
Mayor Ward read from
the agenda – Item #17 - “consideration of demolition bid and asbestos
abatement change order #1 for the NSP1 located at 1107 7th
Street; legally described as the West 37½’ of Lot 9 and the East ½ of Lot
10, Block 3, Rives and Hansen’s Addition to the City of Fairbury, Jefferson
County, Nebraska.” Polson moved to accept the low demolition bid from
Lottman Excavating in the amount of $7,950.00 for 1107 7th
Street. Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried. Bailey moved to approve the asbestos abatement change order in the
amount of $150.00 for 1107 7th Street. Motion seconded by
Polson. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and
Davis voted “yes.” Bender absent. Motion carried.
Mayor Ward read from
the agenda – Item #19 - “consideration of demolition bid and asbestos
abatement change order #1 for the NSP1 located at 908 F Street; legally
described as the North 47½’ of the South 142½’ of the West 150’ of Block 7,
W.G. McDowell’s Subdivision, an Addition to the City of Fairbury, Jefferson
County, Nebraska.” Polson moved to accept the low demolition bid from
Lottman Excavating in the amount of $9,400.00 for 908 F Street. Motion
seconded by Rogge. On roll call,
Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried. Rogge moved to approve the asbestos
abatement change order in the amount of $4,380.00 for 908 F Street. Motion
seconded by Bailey. On roll call, Brown, Friesen, Bailey, Polson, Rogge,
Kuzelka, and Davis voted “yes.” Bender absent. Motion carried.
Friesen moved that
regarding agenda items #6, #11, #15, #20, #21, #23, #24, and #25, all bids
be rejected for lack of funds. Motion seconded by Rogge. On roll call,
Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried.
Friesen moved to
authorize Mayor Ward to sign all the professional service/consultant
agreements between the City of Fairbury and the demolition contractors for
the CDBG Neighborhood Stabilization Program – Contract #095ND32 for the
demolitions. Motion seconded by Rogge. On roll call, Brown, Friesen,
Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent.
Motion carried.
Bailey moved to
authorize Mayor Ward to sign all the Asbestos Abatement Change
Orders #1 for the CDBG
Neighborhood Stabilization Program – Contract #095ND32 for
the demolitions.
Motion seconded by Davis. On roll call, Brown, Friesen, Bailey, Polson,
Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion carried.
Within the City
Administrator’s report Joseph Parker stated Fire Chief Eric Voss stopped in
the office late today; he is out of the hospital and hopefully will be back
to work some time next week.
Bailey moved to adjourn
the meeting. Motion seconded by Friesen. On roll call, Brown, Friesen,
Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent.
Motion carried. Meeting adjourned at 8:10 p.m.
Homer L.
Ward, Mayor
ATTEST:
Sharyl Preston
