Regular Meeting
September 2, 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 2nd
day of September, 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: Doug Brown, Ed
Friesen, Ron Byrd, Don Trimm, Beryl Lueders, Shirley Bender, Brad Kuzelka,
and Tim 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 August 19, 2008.
2.
Approval of claims.
3.
Approval of the appointment of Councilman Brad Kuzelka to the Public
Works, Planning, and Health Insurance Committees.
4.
Approval of the appointment of Councilman Tim Polson, Michaela Call,
Leroy Bast, Yvonne Ridder, and Aaron Schultis to the Historic Preservation
Commission for the Downtown Design Challenge Grant Program.
5.
Approval of the appointment of Police Officer Chad Sprunk to the
Safety and ADA Committee.
6.
Approval of the appointment of City Attorney David Bargen to the
Insurance Committee.
7.
Approval of the appointment of Councilman Ed Friesen and Lois Welsh
to co-chair the Girl Scout Cabin Repair Committee.
Byrd made a motion to approve the Consent Agenda. Motion seconded by
Trimm. Polson requested items 3, 4, and 7 on the Consent Agenda be voted on
separately. Byrd amended his motion to approve the Consent Agenda except
items 3, 4, and 7, and Trimm amended his second of the motion to the same.
On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and
Polson voted “yes.” Motion carried.
Friesen made a motion to approve the appointment of Councilman Brad Kuzelka
to the Public Works, Planning, and Health Insurance Committees. Motion
seconded by Lueders. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Bender, and Polson voted “yes.” Kuzelka abstained. Motion carried.
Trimm made a motion to approve the appointment of Councilman Tim Polson,
Michaela Call, Leroy Bast, Yvonne Ridder, and Aaron Schultis to the Historic
Preservation Commission for the Downtown Design Challenge Grant Program.
Motion seconded by Byrd. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, and Kuzelka voted “yes.” Polson abstained. Motion
carried.
Polson made a motion to approve the appointment of Councilman Ed Friesen and
Lois Welsh to co-chair the Girl Scout Cabin Repair Committee. Motion
seconded by Byrd. On roll call, Brown, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Polson voted “yes.” Friesen abstained. Motion carried.
Public Hearing for garage removal at 803 8th Street owned by
Donald Goebel; legal description: S 82’ of Lot 8 and S 82’ of W ½ of Lot 9,
Block l, King’s Addition of Fairbury, Jefferson County, Nebraska. Building
Inspector Eric Voss stated that Goebel has torn down the garage and has it
stacked up. Goebel needs a little more time to remove the structure of
which he is working with Voss on this. Voss states this should not be an
issue; the garage is down and is no longer a safety issue. On the
recommendation of Voss, the Mayor stated a public hearing would not be
required to discuss the matter since Goebel is complying with the notice to
demolish.
Trimm made a motion to set a Public Hearing concerning the setting of the
final tax request for the 2008-2009 Fiscal Year for the General Fund and the
Bond Fund for September 16, 2008 at 7:30 p.m. Motion seconded by Polson.
On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and
Polson voted “yes.” Motion carried.
Byrd made a motion to set the Budget Hearing and Budget Summary for the
2008-2009 Fiscal Year for September 16, 2008 at 7:30 p.m. Motion seconded
by Friesen. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Polson voted “yes.” Motion carried.
Friesen made a motion to approve the bid from Altec for the Board of Public
Works (BOPW) purchasing a 2009 Altec International chassis with bucket truck
body four wheel drive model in the amount of $194,112.00. Motion seconded
by Byrd. Electrical Superintendent Jim Morehead stated this truck will fit
in their building and will also handle bigger and heavier wire. This truck
has a heavier x-frame which reaches out further~65’ compared to the truck
now which only reaches 52’; the truck is very solid and is safer. This
truck replaces a 1979 and 1985 of which they will keep one for now. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried.
Mayor Fry asked the Council to vote on the appointment of Cody Barry as
Police Officer. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Polson voted “yes.” The appointment of Cody Barry as Police
Officer was approved. Barry was sworn into office by City Attorney David
Bargen, who administered the Oath of Office to Barry.
Byrd made a motion to approve the request from Councilperson Shirley Bender
to use the City Park and the Community Building, Sunday, October 12, 2008 to
celebrate our community. Motion seconded by Trimm. Bender stated she feels
it is a good time for our community to band together and celebrate what we
have i.e. the athletic complex, trails, Crystal Springs, our parks, softball
complex; several things. Bender is also working on having a speaker and
music to be held at the VFW that weekend with free hors d’oeuvres. They
will be having free ice cream and drinks at the park. Lueders wanted to
know if it will be advertised in the paper and on the radio. Bender stated
it would be on the radio and in the paper. Bender also invited any one to
join in and let her know other things we can celebrate; she’s getting
organizations to help with the celebration and she also asked for
volunteers. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka,
and Polson voted “yes.” Bender abstained. Motion carried.
Mayor Fry read by title Ordinance No. 2975: AN ORDINANCE SETTING SALARIES
FOR SUPERVISORS AND DEPARTMENT HEADS; PROVIDING FOR THE EFFECTIVE DATE
THEREOF; AND REPEALING CONFLICTING ORDINANCES. Trimm made a motion to give
third reading to Ordinance No. 2975. Motion seconded by Friesen. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried. Byrd made a motion for final passage of
Ordinance No. 2975. Motion seconded by Trimm. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson voted “yes.”
Motion carried.
Mayor Fry read by title Ordinance No. 2976: AN ORDINANCE SETTING SALARIES
FOR CITY EMPLOYEES COVERED BY IBEW AGREEMENT; PROVIDING FOR THE EFFECTIVE
DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Polson made a motion to
give third reading to Ordinance No. 2976. Motion seconded by Brown. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried. Lueders made a motion for final passage of
Ordinance No. 2976. Motion seconded by Byrd. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson voted “yes.” Motion
carried.
Mayor Fry read by title Ordinance No. 2977: AN ORDINANCE SETTING SALARIES
FOR CITY POLICE DEPARTMENT EMPLOYEES COVERED BY CWA AGREEMENT; PROVIDING FOR
THE EFFECTIVE DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Trimm
made a motion to give third reading to Ordinance No. 2977. Motion seconded
by Polson. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Polson voted “yes.” Motion carried. Byrd made a motion for
final passage of Ordinance No. 2977. Motion seconded by Polson. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried.
Within the City Administrator’s report Joseph Parker stated September 9,
2008 is a joint meeting between the BOPW and the Council. Parker stated the
BOPW does not have a lot to discuss and wanted to know if the Council
thought the meeting was needed at this time. The Council does not; Parker
will inform the BOPW that no meeting will be held next week. Parker also
mentioned that Laura Bedlan started August 25, 2008 as Assistant Street
Superintendent and invited anyone to stop in the office and introduce
themselves to Bedlan.
City Attorney David Bargen stated he could give the Council an update on
pending and potential litigation in closed session if the Council would
like. In open session, Byrd made a motion to enter into closed session for
the purpose of protecting the public interest, the subject matter of the
closed session being discussing pending and potential litigation;
designating individuals to remain as Mayor Fry; Council Members Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson; City Attorney
David Bargen; City Administrator Joseph Parker; and City Clerk Sharyl
Preston. Motion seconded by Lueders. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Polson voted “yes.” Motion carried.
Mayor Fry confirmed the subject matter for the closed session is pending and
potential litigation and announced the time of the start of the closed
session to be 7:55 p.m.
Byrd made a motion to enter into open session at 8:15 p.m. Motion seconded
by Friesen. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Polson voted “yes.” Motion carried.
Byrd made a motion to adjourn the meeting. Motion seconded by Lueders. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried. Meeting adjourned at 8:17 p.m.
LaVeda L. Fry, Mayor
Attest:
Sharyl Preston, City Clerk
