Regular Meeting
July 6, 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 6th day of
July 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 15, 2010.
2.
Approval of claims.
3.
Approval of the reappointments
of William Stelling and Sandra Decker to the Airport Zoning Board. Term to
expire May 2014.
4.
Approval of the resignation of
Eugene Mueller from the Planning Commission and the Board of Adjustment.
5.
Approval of the appointment of
Ron Schacht to the Planning Commission. Term to expire September 2010.
6.
Approval of the appointment of
Gregg DeFrain to the Health Insurance Committee.
7.
Approval of the appointment of
Dennis Gaston to the Retirement Plan Committee.
8.
Approval of the appointments
of Jason Brandt, Cory DeFrain, Aaron Christ, and Steven Ahne as Volunteer
Firemen.
Bailey moved to approve
the Consent Agenda. 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 “continue Public Hearing until July 20, 2010 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.” No action
taken.
Mayor Ward read from
the agenda “continue Public Hearing until July 20, 2010 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.” No action
taken.
Mayor Ward opened the
Public Hearing concerning LB840 funds for a “Performance Based Grant” in the
amount of $10,000.00 for the “Discs N Dat” project. Craig Eberle with
Southeast Nebraska Development District (SENDD) office in Lincoln, Program
Administrator for the Fairbury LB840 and the CDBG Reuse Programs, addressed
the Council. Eberle stated he is here to answer any questions about the
LB840 funds being utilized as a performance based grant in the amount of
$10,000.00 for the “Discs N Dat” project or any questions regarding the
program itself. Council member Ed Friesen questioned whether this project
carries the requirement of creating one full time job position; if this is
figured at $20,000.00. Eberle states it is based on 2000 hours worked –
roughly $20,000.00 per employee. This is the guidelines of the program.
This project is only using $10,000.00 of the LB840 funds for the performance
based grant. No one else addressed the Council during the public hearing.
Mayor Ward declared the hearing closed.
Mayor Ward opened the
Public Hearing concerning “CDBG – Economic Development Loan Fund (Reuse
Loan)” in the amount of $5,000.00 for the “Discs N Dat” project. Craig
Eberle, Business Loan Officer with SENDD, addressed the Council. Eberle
stated this is for the CDBG Reuse Program which is a loan with a payback
feature, in the amount of $5,000.00 for the “Discs N Dat” project. No one
else addressed the Council during the public hearing.
Mayor Ward declared
the hearing closed.
Mayor Ward read from
the agenda “consider recommendation from the Public Works Committee
concerning advertising for bids for a 13 yard garbage truck for the
Sanitation Department. Public Works member Polson stated they had a meeting
earlier this evening. Street Superintendent Mick Hynek had information
regarding a 2010 New Hino brand truck; they would give us $29,000.00
trade-in. Polson stated the committee told Hynek that they want to go out
for bids to see what other companies have so will have some comparisons.
Polson stated they will have thirty days to get bids in from other companies
to see what they have and who has the best truck.
Kuzelka moved to
approve the liquor license manager application submitted by LaVera M.
Schiermeyer in connection with the Veterans of Foreign Wars Post 3113
located at 2337 North K Street; Fairbury, Nebraska. Motion seconded by
Friesen. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and
Davis voted “yes.” Bender absent. Motion carried.
Rogge moved to approve
the special designated liquor license application for Hassnov Enterprises
dba Side Trek Bar & Grill for a beer garden/dance on July 24, 2010 from 5:00
p.m. to 1:00 a.m. located at 523 4th Street for a
“Fairbury Area Reunion” and the alternate rain location being the 4-H
Building at the fairgrounds. Motion seconded by Brown. Mayor Ward stated
the request is from the Fairbury Chamber of Commerce and the address should
be 523 4th Street not 500 4th Street. Friesen stated
the Council can not obligate the 4-H Building for the alternate location as
it is a county facility; this would have to be done at the county level.
Brown stated this was just for our information. Sharon Priefert from the
Chamber of Commerce and the owner of the Side Trek Bar & Grill stated the
County Commissioners have approved the 4-H Building being the alternate
location. Rogge moved to amend his motion to remove mention of the alternate
rain location being the 4-H Building at the fairgrounds. Motion remained
seconded by Brown. On roll call on
the motion, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Brown moved to approve
the request from the Fairbury Chamber of Commerce to have the east side of
the square, by the Courthouse, blocked off for the Law Enforcement Torch Run
Ceremony for the Special Olympics on July 16, 2010 at noon. Motion seconded
by Friesen. They also request the barricades and no parking signs be
dropped off on July 15. On roll
call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried.
Rogge moved to approve
reassigning demolition priority at request of landowner from 908 F Street to
902 F Street; legally described as the South 47½’ of the West 150’ of Block
7,
W. G. McDowell’s
Subdivision to the City of Fairbury, Jefferson County, Nebraska, for the
NSP1. Motion seconded by Davis. City Administrator Joseph Parker stated
the Council had accepted 908 F Street and rejected 902 F Street at the last
Council meeting; because at that point the City had run out of money from
the grant. Parker stated both properties are owned by the Baptist Church
and they request the change because 908 F Street is in the middle of the
block and 902 F Street is in worse shape. Parker stated 908 F Street, with
the change order of the asbestos being added in, the total is $13,780.00 and
for 902 F Street the total is $13,440.00 with the change order of the
asbestos being added in; so 902 F is actually a little cheaper and should
have been the one to be accepted given the City’s priorities. Rogge
questioned if the Council also needs to accept the change order as was done
on the other properties. Parker replied this does not need to be done as it
was already approved at the time of the original bid approval. On
roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Friesen moved to
correct error in record for award of bid for demolition at 114 W. 9th
Street to reflect that actual low bidder is Lottman, amount of $5,300.00
unchanged for the NSP1. Motion seconded by Kuzelka. Parker stated at the
last Council meeting the Council had approved the low bid of $5,300.00 for
114 W. 9th Street. However, we put the bid in the wrong column
on the spreadsheet showing Haddan as the low bidder and it should have been
Lottman; so this needs to be cleared up.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Davis moved to
authorize Mayor Ward to sign all of the Notice to Proceed with demolition
forms for the Neighborhood Stabilization Program – Contract #095ND32.
Motion seconded by Brown. On roll
call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Friesen moved to table
the Nebraska Transportation Service Agreement between Black Hills/Nebraska
Gas Utility Company LLC and City of Fairbury starting August 1, 2010 for a
three year term and also authorizing Mayor Ward to sign the agreement until
the next Council meeting on July 20, 2010 for lack of information; don’t
have information available showing what the rate structure was before and
would like more time to look the agreement over more carefully. Motion
seconded by Bailey. City Attorney David Bargen stated he would also like to
have more time to look over the previous contract and this agreement.
Polson request that we have someone from Black Hills come to the next
Council meeting. On roll call,
Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried.
Brown moved to approve
the request for payment of Southeast Nebraska Development District (SENDD)
FY2011 Membership Dues in the amount of $2,125.00. 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 request for payment of SENDD FY2011 Housing Dues in the amount of
$1,279.00. Motion seconded by Polson.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Rogge moved to approve
the request for payment of 2010 donation for Fairbury Chamber of Commerce in
the amount of $2,000.00. Motion seconded by Brown.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Polson moved to accept
the Fairbury Housing Authority Annual Report for the Fiscal Year July 1,
2008 to June 30, 2009 as submitted. Motion seconded by Rogge. Rogge stated
this was very interesting reading; he was very interested in the income
limits – what they are at the present time versus what they were back in the
60’s. On roll call, Brown, Friesen,
Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent.
Motion carried.
Mayor Ward read from
the agenda “consider request to advertise for demolition bids for unsafe
structure located at 709 3rd Street; legally described as Lot 9,
Block 29, Original Town of Fairbury, Jefferson County, Nebraska.” Bargen
stated there is a resolution following this that will put the wheels in
motion to start the process to demolish the property. Bargen stated it has
been in the process for awhile now to attempt to make notice to the
landowner which has been unsuccessful so far; but with this resolution the
Code Official will have one more chance to try to notify the landowner.
Bargen recommended approving the request to advertise for bids contingent
upon moving forward with the demolition process so the City is not holding
off if it comes to pass that the City can go ahead and demolish the unsafe
structure, in order to meet deadlines requested by the City. It is Bargen’s
recommendation to give another twenty days to the landowner to appeal the
Code Official’s decision or respond to the notice. When this time has
expired, then the process can go forward to actually advertise for bids and
demolish the unsafe structure. Kuzelka questioned if the twenty days is
twenty days from notification or twenty days from today. Bargen stated it
will be twenty days from the date of service ~ if the certified mail is
successful then it will be twenty days from the date they receive the
notice; if the certified mail is unsuccessful and is returned to the City
unopened, then the Code Official will have to post the property with the
notice, then it will be twenty days from the posting. Davis moved to
approve the request to advertise for demolition bids, after the timetable
has expired, for unsafe structure located at 709 3rd Street;
Motion seconded by Kuzelka. On roll
call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Assistant Street
Superintendent Laura Bedlan asked the Mayor to go back to Item #1 under
Current Business to have the Council clarify that the Public Works Committee
can go out for bids for a new garbage truck since no action was taken.
Friesen moved to approve the recommendation from the Public Works Committee
to start advertising for bids and to come up with a list of specifications
to be presented to the bidders for a 13 yard garbage truck for the
Sanitation Department. Motion seconded by Bailey. On roll call, Brown,
Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender
absent. Motion carried.
Bailey moved to adopt
Resolution No. 779 obligating LB840 funds to “Discs N Dat” for a
“Performance Based Grant” in the amount of $10,000.00. Motion seconded by
Davis. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and
Davis voted “yes.” Bender absent. Motion carried.
Davis moved to adopt
Resolution No. 780 obligating CDBG – Economic Development Loan Fund to
“Discs N Dat” for a “direct (reuse) loan” in the amount of $5,000.00.
Motion seconded by Kuzelka. On roll call, Brown, Friesen, Bailey, Polson,
Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion carried.
Friesen moved to adopt Resolution No. 781
authorizing the Code Official to make a final attempt to notice the
landowner at 709 3rd Street, Lot 9, Block 29, Original Town
Fairbury, Jefferson County, Nebraska to demolish and remove the structure
thereon, and to authorize the Code Official to proceed with such demolition
failing compliance or appeal by landowner. Motion seconded by Bailey.
Rogge questioned in the resolution where it states on or about June 7 –
within 30 days of the date of the letter; where this is July 6 – being short
one day of the thirty days, will this be a problem. Bargen stated the
timing is such that the owner has reasonable time, the Code Official gave
the owner thirty days – which is thirty days from the time of service, the
time that it came back it was not served – the property was posted; but if
within that time if the person has complied then the demolition will not
occur. By moving forward with the resolution, this does not change that
time frame; in fact the City is going to give the landowner even more time –
to make sure that the landowner gets notice that he has the right to appeal
the Code Official’s decision. Code Official Eric Voss testified to the
Council regarding the factual basis of the Resolution. Bargen stated in the
whereas clauses in the resolution he laid out the applicable laws, code
provisions of the IPMC and the statutes that apply. Going through the IPMC
provisions, Bargen read from the resolution “at some point prior to May 4,
2010 the Code Official found the structure located at 709 3rd
Street, Lot 9, Block 29, Original Town of Fairbury, Jefferson County,
Nebraska to be unfit for human occupancy and proceeded to condemn the
Property pursuant to the Code, and found the Property to be so old,
dilapidated and so out of repair as to be dangerous, unsafe, insanitary, or
otherwise unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure.” Bargen asked Voss “if this is
correct”. Voss replied “this is correct”. Bargen stated for the record that
public notice was given of this meeting per the ordinance that establishes
the proper notice procedures for this meeting and it was also referenced
that the agenda was available in the City Clerk’s office for review, which
agenda included notice of this resolution requiring that this property be
demolished; thus, the public notices were given, even on top of the
attempted personal notice with the certified mail. Bargen read from the
resolution “whereas, on May 4, 2010, the Fairbury Board of Health, pursuant
to public notice and notice of the availability of the agenda, met in public
session to hear evidence from the Code Official regarding his determination
of the Property, and voted to concur in the Code Official’s determination
that the Structure is unsafe due to violations of the Code, and voted to
concur in the Code Official’s recommended action to proceed under the Code’s
demolition provisions.” Bargen asked Voss “if this is correct”. Voss replied
“this is correct”. Bargen read from the resolution “whereas, on May 4,
2010, the Fairbury City Council, pursuant to public notice and publication
of the availability of the agenda, met in public session to hear evidence
from the Code Official regarding his determination of the Property, and
voted to concur in the Code Official’s determination that the Structure is
unsafe due to violations of the Code, and voted to concur in the Code
Official’s recommended action to proceed under the Code’s demolition
provisions.” Bargen asked Voss “if this is correct”. Voss replied “this is
correct”. Bargen read from the resolution “pursuant to IPMC on or about
June 7, 2010, the Code Official sent written notice by certified mail to the
last known address of the last known owner and person responsible for the
Code violations, Jerry Bryan, describing the real estate and declaring the
Property unsafe and a nuisance, and ordering the removal of the Structure
within 30 days of the date of the letter.” Bargen asked Voss “if this is
correct”. Voss replied “this is correct”. Bargen read from the resolution
“on June 11, the City received the notice back unopened and marked that the
addressee did not live at the address and was unable to be forwarded, and,
pursuant to IPMC, a copy of the notice was thereafter posted in a
conspicuous place in or about the Structure.” Bargen asked Voss “if this is
correct”. Voss replied “this is correct”. Bargen read from the resolution
“the Code Official also at that time posted a placard of condemnation on the
Property bearing the word “Condemned” and including a statement of the
penalties provided for occupying the premises, and caused the Structure to
be closed and secured, and pursuant to Neb. Rev. Stat. § 18-1722.01 filed a
copy of the Code Official’s determination in the office of the Register of
Deeds of Jefferson County.” Bargen asked Voss “if this is correct”. Voss
replied “this is correct”. Bargen read from the resolution “the owner of
the Property has failed to comply with the demolition order within the time
prescribed, and pursuant to IPMC § 110.3, the Code Official may now cause
the Structure to be demolished and removed, and shall charge the costs
thereof against the real estate.” Bargen asked Voss “if this is true that
so far the landowner has failed to comply with the demolition order.” Voss
replied “this is correct”. Bargen stated the Council can move forward with
the resolution. The resolution is written to attempt personal notice again
on the landowner and make sure the landowner knows he has twenty more days
to ensure that they are very clear that they have the right to appeal the
Code Official’s determination that the structure is unsafe and needs to be
demolished and the appeal would take place before an appeals board
constituted under the IPMC, the owner has the right to do that – the notice
will be sent again to make sure he knows he has that right to appeal. If
the notice is returned again unopened, it will be posted on the property
again and the City will start the clock of the twenty days from that time of
posting. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and
Davis voted “yes.” Bender absent. Motion carried.
Polson moved to adopt
Resolution No. 782 appointing Larry Naiman to serve as alternate director to
represent the City of Fairbury on the Board of Directors of the Municipal
Energy Agency of Nebraska (MEAN) for a term of three years and to be an
alternate representative to the MEAN Management Committee. Motion seconded
by Bailey. 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 he thought everything went
really well at the flea market and the fireworks and everyone needs to be
congratulated for a job well done.
Rogge moved to adjourn
the meeting. Motion seconded by Kuzelka. On roll call, Brown, Friesen,
Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent.
Motion carried. Meeting adjourned at 8:06 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl
Preston, City Clerk
