Regular Meeting
July 7, 2009
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 7th day of
July 2009, 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, Ron Byrd, Don
Trimm, Beryl Lueders, Shirley Bender, Brad Kuzelka, and Kelly Davis.
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 16, 2009.
2.
Approval of claims.
Trimm moved to approve
the Consent Agenda. Motion seconded by Friesen. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”
Motion carried.
Bender moved to set a
Public Hearing concerning an application to the Nebraska Department of
Economic Development (NDED) for an Affordable Housing Program (AHP) Grant
for July 21, 2009 at 7:30 p.m. Motion seconded by Davis.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.”
Brown moved to approve
the request for payment of Southeast Nebraska Development District (SENDD)
Fiscal Year 2010 membership dues. Mayor Ward stated the dues have gone up
$150.00 from FY 2009 to $2,125.00. Motion seconded by Trimm.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Friesen moved to Lay
on the Table until the end of the Council meeting ~ Item #2 under Current
Business – Consideration of settlement agreement in the litigation City of
Fairbury v. Jefferson County Economic Development Corporation.
Motion seconded by Kuzelka. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted
“yes.” Motion carried.
Bender moved to adopt
Resolution No. 729 to appoint David Bargen, City Attorney, as successor
trustee for the Deed of Trust executed by Russell L. Furrow and Marcia K.
Furrow, and authorize filing for record of substitution of trustee with the
register of deeds of each county in which the trust property or some part
thereof is situated. Motion seconded by Davis. Bargen stated when the
original Deed of Trust was filed; the former City Attorney was named as the
trustee. It will be easier to proceed to take care of some of these
accounts, if Bargen is the trustee as opposed to the former City Attorney.
On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and
Davis voted “yes.” Motion carried.
Within the City
Administrator’s report, Joseph Parker thanked the Mayor and Council for
giving him the opportunity to attend the Finance Seminar in Kearney in
June.
Trimm moved to Take
from the Table Item #2 under Current Business – Consideration of settlement
agreement in the litigation City of Fairbury v. Jefferson County Economic
Development Corporation. Motion seconded by Byrd. On roll call,
Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
In open session,
Kuzelka moved to enter into closed session for the purpose of protecting the
public interest, the subject matter of the closed session being discussing
pending litigation regarding the settlement agreement in the litigation City
of Fairbury v. Jefferson County Economic Development Corporation;
designating individuals to remain as Mayor Ward; Council Members Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis; City Attorney
David Bargen; City Administrator Joseph Parker, and City Clerk Sharyl
Preston. Motion seconded by Brown. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Mayor Ward confirmed the purpose of the closed session was to protect the
public interest, and the subject matter for the closed session is to discuss
pending litigation regarding the settlement agreement in the litigation City
of Fairbury v. Jefferson County Economic Development Corporation and
announced the time of the start of the closed session to be 7:38 p.m.
The council came out
of closed session at 7:50 p.m. Davis moved to enter into open session.
Motion seconded by Trimm. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Trimm moved to accept
the settlement agreement with Jefferson County Economic Development
Corporation. Motion seconded by Friesen. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Bender moved to adjourn
the meeting. Motion seconded by Brown. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Meeting adjourned at 7:53 p.m.
Homer L. Ward,
Mayor
ATTEST: Sharyl
Preston, City Clerk
